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Home My WebLink AboutMinutes 1981-1984 pt. 2In the Council Chambers of the City of San Rafael, Monday, April 19, 1982, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR 1. 2. 0 7. 91 4. 1 Councilmember Breiner moved and Councilmember Jensen seconded, to approve the recommended action on the following consent calendar items: Item Approval of Minutes of Special and Regular Meetings of April 5, 1982 (CC) Approval of Parcel Map - Lands of Padgett, Redding Way & Meadow Avenue (PW) - File 5-1-273 Claims for Damages: (PW) a. Kurt L. Rosenthal - File 3-1-624 b. John J. & Barbara J. Reiff - File 3-1-625 c. Louis Friedman - File 3-1-626 d. Esther Campos - File 3-1-628 e. Glass & Sash, Inc. - File 3-1-629 f. Robert R. Ganiard - File 3-1-634 Communication re Availability of Units at Rotary Manor (CM) - File 140 x R-144 Resolution Declaring Bike -to -Work Day, April 30, 1982 (PW) - File 110 Recommended Action Approved as submitted. RESOLUTION NO. 6281 - APPROVING PARCEL MAP OF SUBDIVISION ENTITLED "DIVISION LANDS OF R. PADGETT, ETC." Approved R.L. Kautz & Co. recommendations for denial of claims. Accepted Communication indicating Rotary Club is processing applications for rental of units, which will be ready for occupancy in September. Priority to be given to San Rafael residents, then to Marin County residents. RESOLUTION NO. 6283 - DECLARING FRIDAY, APRIL 30, 1982 "BIKE -TO -WORK DAY" AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVAL OF URBAN THOROUGHFARE AGREEMENT WITH COUNTY OF MARIN (PW) - File 4-13-8 Councilmember Breiner questioned the fact that funds obligated but not expended after two fiscal years will revert to the County instead of the priority selection committee. Public Works Director Bernardi explained that these funds are County gas tax monies and are to be spent on streets of County -wide significance. RESOLUTION NO. 6282 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE COUNTY OF MARIN FOR IMPROVEMENT OF THE URBAN THOROUGHFARE SYSTEM AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SETTING DATE FOR INTERVIEWS RE REAPPOINTMENT OF COMMISSION MEMBERS: (CC) a. Park and Recreation Commission (Commissioners Love and Nicholson) - File 9-2-4 x 9-1-2 b. Planning Commission (Commissioners Bridges and Smith) - File 9-2-6 x 9-1-2 5. a Councilmember Frugoli questioned the procedure being followed, stating that in his opinion the City should call for applications for Commission vacancies, including the incumbents, and not wait until incumbents have been interviewed to determine if vacancies will exist. He recommended that all applicants be interviewed before the end of June, since that is the date of expiration of the incumbents' terms. Councilmember Breiner stated that this is contrary to Council policy, which policy had been formulated because of criticism in the method of interviewing in the past. Councilmember Frugoli then moved and Councilmember Jensen seconded, to direct staff to call for applications for both commissions, with interviews to be conducted prior to the end of June. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None Councilmember Breiner then indicated there should be a review of present policy on appoint- ment and reappointment, at the next Council meeting, and that in the future the Council follow whatever policy is decided upon. CONSIDERATION OF NEGATIVE DECLARATION FOR FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT (PW) - File -3 Councilmember Breiner inquired about repair of the cyclone fencing along Highway 101 at East Francisco Boulevard, and Public Works Director Bernardi informed the Council that he has been working with CalTrans on designing fencing for the entire Bellam Boulevard interchange. There was a large number of auto accidents recently, which resulted in the poor condition of the fencing. Landscaping has also been covered in the discussions with CalTrans. Councilmember Jensen moved and Councilmember Frugoli seconded, to certify the Negative Declaration for the Francisco Boulevard East Assessment District. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARING - REZONING (Z81-15) GLEN PARK AVENUE; AP 15-011-01 THRU 05; 15-021-22, 24, 26 & FROM: R- SINGLE FAMILY RESIDENTIAL) DIS R C 0: R- (DUPLEX RESIDENTIAL) DISTRICT; lNlllAltU by J. bLtNbUIJKl tl AL, UWNtKJ; tvi) - FJie 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore informed the Council that the subject area being recommended for rezoning consists of nine properties at the north end of Glen Park Avenue near the intersec- tion of Glen Park and Villa avenues. Existing uses include two legal noncomforming duplexes, four single family residences and three triplexes which have been in existence for at least fifteen years but appear to have been converted since 1951, the effective date of the current R-1 zoning. The Planning Commission voted unanimously on January 26, 1982 by a 5-0 vote (Commissioner Lund abstaining, Commissioner Boro absent), to recommend to the Council that the illegal units be abated. All of the properties involved are capable of providing the required on-site parking for duplexes and enforcement of this requirement would eliminate parking on Glen Park Avenue. The rezoning would represent a net increase of one unit over those in existence for at least fifteen years (four new second units and the possible removal of three illegal units). The Commission felt this would not have a significant adverse effect on the neighborhood. Council then heard from those property owners and residents supporting the rezoning. These included Robert Nesler, Caroline McDonald, Mike Rochas who owns an existing duplex on Villa Avenue which is not included in this action and who would like to legalize his second unit, Tommy Hendricks, Josephine Glembotski, Scott McDowell, Dr. Robert Pawlo who supports the rezoning but is concerned about the possibility of an assessment district for street widening on Glen Park Avenue, and Mike Kelly who supports the rezoning but feels that if an assess- ment district is formed the Hacienda Court residents should pay their share since they use Glen Park for their access. Ron Branden of Hacienda Court asked the Council if they had received the petition objecting to the rezoning. Mayor Mulryan informed him that the Council did not have the actual petition, but that staff had included the information in the staff report. There being no further public input the hearing was closed. Councilmember Jensen moved and Councilmember Frugoli seconded, to certify the Negative Declaration and rezone subject properties pursuant to the proposed Ordinance. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 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 R-1 (Single Family Residential) District to R-2 (Duplex Residential) District (Glen Park Avenue), and numbering Charter Ordinance No. 1427, was read, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council agreed that the triplex owners (properties at 308, 320 and 326 Glen Park Avenue) be given a reasonable time in which to convert to duplex. 10. PUBLIC HEARING - ORDINANCE PROVIDING FOR SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY CITY LOT, THIRD A STREETS RA - File 2- -2 x R-3 Mayor Mulryan declared the public hearing opened. There being no public input the public hearing was closed. Councilmember Jensen questioned the legality of the transfer of the property without notify- ing all bond holders. City Attorney Duggan was asked to look into the legal aspects of the transfer. Councilmember Breiner moved and Councilmember Frugoli seconded, to pass the proposed Ordi- nance to print, with final adoption conditional upon the legal opinion from the City Attorney. An Ordinance of the City of San Rafael, Providing for the Sale and Conveyance of Public Real Property to the San Rafael Redevelopment Agency (Parking Lot, Third & "A" Streets) and numbering Charter Ordinance No. 1428, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ,11. CONSIDERATION OF CONSULTANT'S REPORT RE NEW TELEPHONE SYSTEM (Fin) - File 4-3-88 Council reviewed a staff report from Finance Director Coleman, providing additional financial information, and projecting that the Citation Telephone System will save the City $374,000 over the cost of the City's present system, and $424,000 over the proposal submitted by Pacific Telephone, over a ten-year period. Mr. Coleman informed the Council that the City has the opportunity to upgrade the telephone system and save money over the ten-year period. If the purchase is financed over five years at 11% the cost of a new system would not be any higher than the City is currently paying, and at the end of five years the system would be paid for. Cathy Carr of Pacific Telephone addressed the Council on the advantages of their proposal. Marty Parker and Ray Glyn of Compath then informed the Council regarding their capability of responding to emergency repair calls, and the fact that they have service centers in San Francisco and Cotati, with many of their service people who live in the San Rafael area having radio -dispatched trucks which they take home. Councilmember Breiner asked Mr. Coleman if he had checked with other cities who have the same type of system and he indicated he had checked with Fairfield, Walnut Creek and Hayward, with positive results. The only problems seemed to be with the transition period, when staff is becoming familiar with the system, particularly with rerouting of calls. Councilmember Jensen expressed himself as being satisfied with the present telephone system, and questioned the necessity for updating. RESOLUTION NO. 6284 - AUTHORIZING THE PURCHASE OF THE CITATION TELEPHONE SYSTEM AND THE USE OF CONSULTING SERVICES FOR SPECIFIC DESIGN AND INSTALLATION AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None To, 12. DISCUSSION OF FAMILY OR ADULT HOUSING IN CONTEMPO MARIN MOBILE HOME PARK (CA) - File 13-7-1 x 9-1 x 9-3-16 x 9-2-M Contract Attorney Bullard briefed the Council on the subject of types of housing in Contempo Marin Mobile Home Park, based on a decision by the Supreme Court regarding family housing vs. adult housing. Council agreed that the legislation is not entirely clear on the subject, and that the legislators should be asked to correct the "loopholes" in current legislation. Council heard from George Hardage of Wichita Kansas, one of the owners of Contempo Marin, speaking for an adult park, and Joe Pheffer, a former resident of Contempo Marin, in favor of family housing. Councilmember Breiner moved and Councilmember Miskimen seconded, to bring the issue to the State, by contacting the Housing & Community Development Administration and informed them of the City's concerns. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None After further discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to urge amendatory legislation to correct the discrepancies in the current legislation, and to contact Senator Keene and Assemblyman Filante in this regard for their assistance. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmembers Breiner & Frugoli left meeting) 13. CONSIDERATION OF AWARD OF BID - ONE 3/4 TON CAB & CHASSIS (GS) - File 4-2-168 Council reviewed a staff report from Assistant to City Manager Barbier, recommending that the Council adopt a Resolution rejecting all bids on the 3/4 Ton Cab & Chassis, since it was determined that the State of California would have a much lower price. The low bid was for $8,869.02, whereas the State could offer the same cab and chassis for $7,908.38. RESOLUTION NO. 6285 - AUTHORIZING THE PURCHASE OF ONE 3/4 TON CAB & CHASSIS UTILIZING EQUIP- MENT REPLACEMENT FUNDS AYES: COUNCILMEMBERS: Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Frugoli (Councilmembers Breiner & Frugoli returned) 14. REVIEW OF PICKLEWEED PARK COMMUNITY CENTER PROPOSAL (Rec) - File 4-3-87 Recreation Director Jauch outlined for the Council the progress to date on the Pickleweed Park Community Center. He asked for approval, in concept, of the following: 1) Acceptance of the process used to develop the Center, including the time frame; 2) That the center serve as a multipurpose usage and include Canal Community Alliance programs; 3) Acceptance of ongoing maintenance and operation expenses with level of service to be determined at a later date; and 4) Acceptance of Architect's renderings of the building design. Council then heard from Kathy Campbell of the Canal Community Alliance, outlining their proposal for recreational, educational and cultural activities for residents of the Canal area. Bonnie Martz, Planning Consultant from the San Francisco Foundation, addressed the Council on the joint process which had been followed to reach the present proposal, and stated that the San Francisco Foundation is interested in the project because it is unique. Architect Milton Chambers gave the Council an overview of the architectural features, including the many energy-saving innovations incorporated into the building. He also noted that, in order to control costs, modifications could be made without loss of functioning ability. The exterior of the building is to be stained wood. After further discussion Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve the staff recommendations regarding approving the development conceptually, that usage include the Canal Community Alliance programs, that the City will accept ongoing maintenance and operation expenses, and the architect's renderings. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. FINAL ADOPTION - ORDINANCE NO. 1426 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORIA, AMP75 BY REFERENCL BY SECTION 14.15.020 OF TRr RUNICIPTE CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO E AS F CE AM REAL PROPERTYFROM - (SINGLE FAMILY RES—l"UTWMA17 DISTRICT TO R-2 DUPLEX RESIDENTIAL) DISTRICTPROSPECT DRIVE, AP 11-101-03) - File 10-3 Charter Ordinance No. 1426 - 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 R-1 (Single Family Residential) District to R-2 (Duplex Residential) District (23 Prospect Drive, AP 11-101-03), was adopted as an Ordinance of the City of San Rafael by the following vote: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. PRESENTATION OF SPACE UTILIZATION STUDY OF POLICE AND FIRE DEPARTMENTS (CM) - File 4-10-146 x 9-3-30 x 9-3-31 (Councilmember - - (Councilmember Miskimen left during discussion) Council accepted the report from Hughes/Heiss & Associates on their analysis of public safety facilities. Councilmember Breiner moved and Councilmember Frugoli seconded, to refer the report to the Police and Fire commissions for review and report, with modifications to be considered during 1982/83 budget discussions. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 17. CONSIDERATION OF PROPOSED INCREASE IN RATES, SAN RAFAEL TAXICABS, INC. (Fin) - File 9-9 Council reviewed a staff report from Finance Director Coleman, regarding a request for rate increase which was received from San Rafael Taxicabs, Inc. The adjustment would increase the meter drop to $1.50 from $1.20, and the charge for each successive mile would increase to $1.30 from the current $1.20, with rates effective May 1, 1982. RESOLUTION NO. 6286 - ESTABLISHING RATES FOR SAN RAFAEL TAXICABS, INC. (Commencing May 1, 1982) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 18. APPROVAL OF NOMINATION FOR SENIOR CITIZEN OF THE YEAR AWARD - File 109 After considering a recommendation from Mayor Mulryan, Councilmember Breiner moved and Councilmember Frugoli seconded, to nominate Al Gazzano for this year's candidate from City of San Rafael for the 20th Annual Outstanding Senior Citizen of the Year Award, for his outstanding activities as the 49er Booster Club President during the past year. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen (Councilmember Miskimen returned) 19. STAFF REPORT RE HIRING ARCHITECTURAL SERVICES FOR PEACOCK GAP PARK DEVELOPMENT (Red - Fi e 4-3-89 Council considered a staff report from Recreation Director Jauch, outlining the results of the Request for Proposals which was sent to nine local architects in connection with the Peacock Gap Neighborhood Park development. Of the nine, seven responded with proposals. The highest bidder, Royston, Hanamoto, Alley & Abey, for $23,980, is the firm recommended by the board who reviewed the proposals, because they included more in their end product than the other proposals. They also have far more professional experience and background than most of the other architects. The second choice of the board which reviewed the proposals was Brian Wittenkeller, for $12,400. Mr. Wittenkeller's abilities are known because of his work as a planner with County of Marin. He is new in the private sector. After discussion Councilmember Frugoli moved and Councilmember Jensen seconded, to accept Brian Wittenkeller's proposal, and for staff to come back to the Council with comparative figures between his proposal and that of Royston, Hanamoto, Alley & Abey so the Council will have a complete understanding of the differences in the two proposals. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None Councilmember Breiner expressed her view that the recommendation of the reviewing board should have been followed. 20. NOTICE OF LOT MERGER - 91 MARINITA AVENUE (AP 14-022-16 & 48) (P1) - File 5-1-274 Planning Director Moore explained that the property in question is an undeveloped, 3,100 square foot lot which is in common ownership with contiguous property and does not meet the minimum lot size requirements of the R-1 District, which is 5,000 square foot minimum lot size. RESOLUTION NO. 6287 - DIRECTING STAFF TO FILE A NOTICE OF MERGER ON CERTAIN REAL PROPERTY AT 91 & 93 MARINITA AVENUE (COUNTY ASSESSOR'S PARCEL NUMBERS 14-022-16 AND 14-022-48) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. CONSIDERATION OF PROPOSED REORGANIZATION OF CITY MANAGER'S OFFICE (CM) - File 9-3-11 Council reviewed a proposal from City Manager Beyer for a reorganization of his office, in view of the departure of Assistant City Manager/Community Development Meador. The reorganization would streamline the City Manager's Office and create a new Department of Administrative Services; eliminate the General Services Department; transfer the parking meter collection function to Finance Department; and transfer the Garage and Electrical divisions to Public Works. The City Manager's Office would consist of the City Manager, Administrative Secretary, and a parttime Management Intern. It is estimated that this reorganization would save the City approximately $40,000 annually. It was recommended that this reorganization take place on May 1, 1982. The Council asked Mr. Beyer to provide them with a complete organizational structure, including salaries. 22. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Council agreed to continue opposition to AB 2447 regarding redevelopment tax increments being shifted to school districts. 23. COMMUNICATION FROM STATE SENATOR H. L. RICHARDSON RE CONSTITUTIONAL AMENDMENT TO REPEAL THE FULLTIME LEGISLATIVE SYSTEM IN CALIFORNIA - File 9 - Mayor Mulryan discussed a letter from State Senator H. L. Richardson, asking the City's support of his Constitutional Amendment to re-establish a parttime Legislature in the State of California. Councilmember Breiner stated she would abstain from voting, since she feels she does not have enough information on the matter. RESOLUTION NO. 6288 - SUPPORTING A RETURN TO A PARTTIME STATE LEGISLATURE AYES: COUNCILMEMBERS: Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Breiner ADD ITEMS I Letter from "The Group" - File 9-1 x 12-7 Mayor Mulryan referred to a letter from "The Group" which requested that the City mandate that City representatives to the San Rafael Sanitation District and the Central Marin Sanitation Agency follow the City Council's directions, decisions and actions on all sanita- tion matters concerning San Rafael. . .! ._ ...--...--- W Mayor Mulryan indicated that he would write "The Group" in reply, and explain his and Councilmember Miskimen's position on the San Rafael Sanitation District Board. �-- II Resolution of Appreciation - Raymond L. Meador - File 9-3-11 x 102 RESOLUTION NO. 6289 - RESOLUTION OF APPRECIATION TO RAYMOND L. MEADOR (On departure from Ci ty empl oyment) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None An.1nIIPMMFNT Mayor Mulryan adjourned the City Council meeting in memory of Eleanor Murray, one of San Rafael's oldest native citizens, who served her community well as teacher and administrator at San Rafael High School, and as a member of the San Rafael Library Board for thirty-seven years. The adjournment was also in memory of Judge Charles Read Best, who served as hlarin County Superior Court Judge until illness forced his retirement. He was known as a very caring person. The third memorial adjournment was in memory of Barbara Den -Otter, wife of Clifford Den -Otter of the Public Works staff, who had just passed away very suddenly. Mrs. Den -Otter was active in youth sports programs in San Rafael and was often spokesperson for her neighborhood in community affairs. CLOSED SESSION 22. Council adjourned to Closed Session to discuss pending litigation. f NNE M. LEONCIITI, City Clerk APPROVED THIS DAY OF 1982 4AYOR OF THE CITY OF�AFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Wednesday, April 21, 1982, at 6:15 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Regina A. Buchanan, Deputy City Clerk; Edmund A. Duggan, City Attorney RE: WORKSHOP SESSION RE EAST SAN RAFAEL TRAFFIC MITIGATION FEES (PW) - File 10-2 x SRRA R-189 Council reviewed a staff report from Public Works Director Bernardi, which addressed possible changes in the circulation System of Roadway Alternate 3, which would reduce the total transportation improvement cost and provide a freeway oriented frontage road for Francisco Boulevard West. City Manager Beyer informed the Council that the purpose of this workshop was to review additional data which has been developed reflecting continued interest in maintaining the frontage road on West Francisco Boulevard, and three options for Council consideration on traffic mitigation fees for East San Rafael. Councilmember Jensen stated he thought that when this matter came before the Council (February 8, 1982), the staff had been directed to drop the mitigation fees and come up with another method of funding, such as the 1¢ gas tax. Councilmember Breiner and Mayor Mulryan agreed that staff had been asked at that time to see about reducing the mitigation fees and finding other methods of funding, but not to drop them entirely. City Manager Beyer concurred. Traffic Engineer Gerth gave a presentation, with drawings, showing the various alternatives, dependent on future decisions by CalTrans regarding that portion of Highway 101. He then referred to the options offered: Option I - Total improvement package $7,933,000. This option constructs the roadways per the Francisco Boulevard West Specific Plan Alternate 3. In addition to the basic projects it includes four traffic signals along the Andersen Drive extension; extension of Andersen Drive from Bellam Boulevard to Rice Drive; extension of Andersen Drive from Rice Drive to A Street; and abandonment of existing Francisco Boulevard West. This option has the highest cost, but allows CalTrans to complete Highway 101 improve- ments. Option II - Total improvement package $2,241,000. This option simply rehabilitates the existing Francisco Boulevard West without relocation. It does not allow CalTrans to improve Highway 101; therefore, CalTrans will not construct the extension of Andersen Drive per the freeway agreement. Option III, Phase 1 - Transportation improvement package $3,841,000. This option constructs one-half of Francisco Boulevard West per Roadway Alternate 3, at a cost of $1,800,000. Staff feels that this option is the most reasonable for the interim, in that it allows CalTrans to complete an auxiliary lane on Highway 101. It does, however, require a future funding source for a portion of Andersen Drive when the State completes their portion of that road. Option III, Phases 1 and 2 - Transportation Improvement Package $6,539,000. In this phase, the remaining portion of Francisco Boulevard West is constructed; CalTrans completes the ultimate configuration of Highway 101 and Highway 17 and, as such, they construct the first portion of Andersen Drive. The City constructs the balance. The total of Phases 1 and 2, including the base total of $2,041,000, is the figure mentioned previously - $6,539,000. Councilmember Miskimen asked if the dollar figures in the report are current, and Mr. Gerth replied they are 1981 dollars. Mayor Mulryan then discussed the mitigation fees reflected in Option 3, and Mr. Gerth replied that in determining the fees the reduction for retail business was calculated under the same instructions which staff was given regarding the Northgate area traffic mitigation fees. The Council then discussed reduced mitigation fees in order that new business would not be discouraged. Also discussed was grandfathering in connection with fees, and Mayor Mulryan expressed the opinion that the City should grandfather the fees and only charge for the increment added. Gail Fisher spoke for reduced mitigation fees in order to attract business, feeling that the fee is an added burden when a business is being established. Planning Director Moore informed the Council that there is an agreement entered into with property owners and that the fees are paid later when the City asks for them, although they will be informed of the fees in advance. Mayor Mulryan mentioned that Proposition 13 would not allow the City to pass any of these fees on to the entire populace and this is the reason the costs must be absorbed by the businessmen in the area, less any other funds which the City can generate. Harold Geister asked, if an individual built a building and was obligated for the fee, who would be liable if the building was sold. Mayor Mulryan informed him that the obligation would go with the property. Mayor Mulryan expressed the opinion that Option 3 is more palatable and much more in line with what the City hopes to achieve. He again expressed a desire to reduce the mitigation fees. Councilmember Breiner stated she would like all property owners in the area to be invited to attend a workshop such as this. Wm. Bielser spoke on behalf of clients who are planning on opening a Burger King at 969 Francisco Blvd. East, and were originally asked for an $85,000 mitigation fee. He felt that the grandfathering rights should be invoked and the fee reduced to $32,000 as provided in Option III, Phase 1. Lynn Sedway also spoke on behalf of the Burger King developers, stating that the higher fee would eliminate their project, and urged that the fee under Option III be granted. Mayor Mulryan indicated there may be additional credits, after the Traffic Engineer determines the former usage as compared to the traffic Burger King will generate. Councilmember Breiner moved and Councilmember Miskimen seconded, to grant to Burger King the adjusted fee of $32,000 as listed in Option III, Phase 1, with additional adjustments possible, minus any credits which develop within the context of this Option. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Miskimen expressed a desire to resolve the issue of the mitigation fees so the Council would know exactly what they will be. Councilmember Jensen asked that the City Manager look into the gas tax possibility, and any other funds which could be used in order to lower the mitigation fees. Councilmember Breiner suggested having a noticed public hearing on this matter at a later date, with property owners to be notified so they can provide their input. The Council agreed to this approach. 91 The City Council adjourned to their next regular meeting to be held on Monday, May 3, 1982. eT441�BIC, eputy ity er APPROVED THIS/ 7' DAY OF 1982 A OR 0 E CI SA R EL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, May 3, 1982, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Acting Mayor Absent: John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: I tem 1. Approval of Minutes of Regular Meeting of April 19, 1982 (CC) 2. Renewal of Memorandum of Under- standing with San Rafael Goldenaires (Rec) - File 4-10-149 Recommended Action Approved as submitted. RESOLUTION NO. 6290 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE- MENT (W/San Rafael Goldenaires - Renewal of MOU) (3 -Year Lease to 12/31/85) 4. Report on Countywide Plan (P1) - Accepted report. File 191 5. Two -Year Contract with Book Publish- RESOLUTION NO. 6291 - AUTHORIZING THE ing Company for Code Supplements (CC) - SIGNING OF A CONTRACT, LEASE OR AGREE - File 1-5-1 MENT (W/Book Publishing Co. for supple- ment Service to Municipal Code - Two- year period, $18/Page) 6. Resolution of Support to Question and Contest Utility Company Street Light Rate Structures, Acquisition Policies and High Pressure Sodium Vapor Fixture Stipulations for Utility Owned Lighting Systems (PW) - File 11-4 7. Claims for Damages: a. Thomas E. & Josephine E. Burke, File 3-1-637 (PW) b. Gregory Claybron, File 3-1-643 (PD) c. Wm. & Thelma Wood, File 3-1-646 (PW) RESOLUTION NO. 6292 - SUPPORTING THE QUESTIONING AND CONTESTING OF UTILITY COMPANY STREET LIGHT RATE STRUCTURES, ACQUISITION POLICIES AND HIGH PRESSURE SODIUM VAPOR FIXTURE STIPULATIONS FOR UTILITY OWNED LIGHTING SYSTEMS Approved R. L. Kautz & Co. recommenda- tions for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 92 3. REPORT ON ANNUAL FILINGS - FPPC FORM 730, STATEMENT OF ECONOMIC INTERESTS FOR DESIGNATED EMPLOYEES CC - File 9-4-J Councilmember Jensen inquired about employee Harry C. Wright, who is not required to file in this case. Public Works Director Bernardi explained that Mr. Wright is currently on disa- bility, awaiting the outcome of his disability retirement request. In the meanwhile, he is working in the Finance Office since he is unable to perform his Building Inspection duties. The position in the Finance Office does not require filing of FPPC Form 730. Council accepted the report. 8. REPORT ON CENTRAL MARIN SANITATION AGENCY OUTFALL INITIAL STUDY AND PROPOSED NEGATIVE DECLARATION - File 12-7 x R-164 Council reviewed a staff report from Planning Director Moore, with four amendments to the comprehensive improvement plans for wastewater treatment recommended by the Planning Depart- ment. The suggested amendments are: 1) Outfall Relocation; 2) Realignment of the San Rafael Interceptor; 3) Tunnel Realignment (from Ross Valley Treatment Plant); and 4) Addition to the Ross Valley Interceptor. In response to a question from Mayor Mulryan regarding access, Ms. Moore informed the Council that service rights would be necessary for the outfall line, and that there will be severe restrictions as to what can be placed above the pipe. Mayor Mulryan moved and Councilmember Breiner seconded, to approve the staff recommendation with regard to the response to the Central Marin Sanitation Agency on the Initial Environ- mental Study. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 9. ADOPTION OF RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR EXPERT WITNESS SERVICES (CA) - i e 4-3-9F Council - - Council agreed to discuss this item in Closed Session. 10. PUBLIC HEARING - FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT (PW) - File 6-34 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi informed the Council, in response to their inquiry at a previous meeting, that there are only two locations along East Francisco Boulevard which are not in compliance with the City's Sign Ordinance. They are: Dominic's Restaurant sign which is expected to be brought into compliance within a reasonable time; and Bermuda Palms sign which has been referred to the City Attorney for action. Mr. Bernardi informed the Council that no written protests have been received. Whitey Litchfield, owner of Bermuda Palms, questioned the legality of the Assessment Dis- trict, although he stated he is in favor of it, because of State ownership and the question of the Allardt's Canal situation which has not been settled. Assessment District Attorney Ness informed the Council that there is no question of the legality of the Assessment District since the City is complying with all State requirements. Marin County Supervisor Roumiguiere spoke in favor of the Assessment District, and cited the long history of actions leading up to this point. There being no further public input the hearing was closed. a. RESOLUTION NO. 6293 - RESOLUTION OVERRULING PROTESTS, FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen b. Assessment District Attorney Ness informed the Council that the Amended Engineer's Report is to be changed to reflect changes on Exhibit B (5), Bond Discount to be $19,340.02, instead of $19, 613.00, which results in a total of $130,480.35 instead of $130,753.33, as the total amount of bond issue and total to be assessed. Councilmember Jensen moved and Councilmember Breiner seconded, to accept the Amended Engineer's Report, with recent changes. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 93 c. RESOLUTION NO. 6294 - APPROVING REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT, FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen d. RESOLUTION NO. 6295 - ESTABLISHING BOND RESERVE FUND, FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen e. RESOLUTION NO. 6296 - CONCERNING FORECLOSURE OF DELINQUENT ASSESSMENT LIENS, FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen f. RESOLUTION NO. 6297 - AUTHORIZING CHANGE ORDERS, FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen Mr. Ness informed the Council that the property owners will be receiving a notice very shortly, giving the amount of assessment, and informing them that they can pay any or all of it in a thirty -day period, without interest. 11. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION: ED81-92, ENLARGEMENT AND REMODELING OF EXISTING BANK OF MARINA STREET; B OF MARIN, OWNER; MAE LACOURSE BRYAN c S.; A 11-245-26 - File - Mayor Mulryan declared the public hearing opened. The hearing was then continued to June 7, 1982 at request of staff since they are working with the appellant in the hope of resolving the matter. Councilmember Breiner mentioned that she would like future consideration given to the widening of Fourth Street at the "E" Street intersection, if not done at this time, because it will be necessary eventually. She would like to have this treated as a deferred improve- ment when the Planning Commission's conditions are being discussed. PERSONS WISHING TO ADDRESS COUNCIL 1I Abatement of Alleged Illegal Units at 401/405 and 511 "D" Street (CA) - File 3-3-30 City Attorney Duggan asked for a public hearing on the abatement of the alleged illegal units on "D" Street. Mayor Mulryan reminded him that he had been directed by the Council to abate the units, and told him that if he does not do so without delay, the Code Enforcement Officer will be directed to do it. II Request for Public Hearing on Disqualification of Councilmember Frugoli from Voting on Fred range Appeal re roperty at 38/39 Fernwoo ay C - rile 9-4-4 x 5-1-272 City Attorney Duggan asked for a public hearing on disqualification of Councilmember Frugoli from voting on the matter of illegal lots at 38/39 Fernwood Way since the owner, Fred Grange, had contributed $500 to Mr. Frugoli's campaign. Mr. Duggan was told by the Council to agendize the matter through the customary procedure. 12. AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES AT PEACOCK GAP NEIGHBORHOOD PARK (Rec) - Fi a a_1_9Q Councilmember Breiner stated that she feels the Council should have voted in accordance with the recommendation of the interviewing board, which recommended the firm of Royston, Hanomoto, Alley & Abey. She pointed out that she has nothing against Brian Wittenkeller, but feels that the interviewing board's choice should have been approved. Mary Carpou of the Peacock Gap Homeowners' Association stated that the Development Committee of PGHA realizes that the deomocratic process was well served, and they would have preferred Royston, Hanamoto, Alley and Abey, but will of course work with Brian Wittenkeller toward their goal of a neighborhood park. RESOLUTION NO. 6298 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With Brian Wittenkeller, for Landscape Architectural Services, Peacock Gap Neighborhood Park) 0 AYES: COUNCILMEMBERS: Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Miskimen 13. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING GRANT PROP RE PICKLEWEED A ec - File 2-1-55 x Council reviewed a staff report from Recreation Director Jaucn, outlining the to the San Francisco Foundation for $500,000 for Pickleweed Park improvements 9,600 square foot community center building. The request is sponsored jointly City and the Canal Community Alliance. grant proposal including a between the RESOLUTION NO. 6299 - APPROVING THE GRANT APPLICATION TO THE SAN FRANCISCO FOUNDATION FOR FUNDS FOR THE PICKLEWEED PARK IMPROVEMENT PROJECT AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen Mayor Mulryan mentioned that the estimated $70,000 per year maintenance cost is very high, and must be watched carefully and probably curtailed. 14. CANAL COMMUNITY ALLIANCE REQUEST TO DEVELOP COMMUNITY GARDEN AT PICKLEWEED PARK (Rec) - i e 4-10-= Mayor Mulryan stated that this Community Garden must be available to all residents of the City of San Rafael. Recreation Director Jauch stated that it will be available to all residents, except that since the Canal Community Alliance is paying for the water and all expenses necessary to improve the site, the Canal area residents will have priority. RESOLUTION NO. 6300 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Canal Community Alliance for Community Garden at Pickleweed Park) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 15. FINAL ADOPTION - ORDINANCE NO. 1427 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BREFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL0 OF SA A A L, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL ROPER FROM R-1 (SINGLE FAMILY RESIDENT -77 DISTRICT TO R-2 (DUPLEX RESIDENTIA DISTRICT Gen Park Avenue P - File - CHARTER ORDINANCE NO. 1427 - 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 R-1 (Single Family Residential) District to R-2 (Duplex Residential) District (Glen Park Avenue), was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 16. RESCINDING OF PROPOSED ORDINANCE NO. 1428 - PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEU—REDEVELOPMENTAGENCY (PARKING LOT AT THIRDAND A S R E S RA - File 2-1-20 x R - Council reviewed a staff report from Assistant Executive Director (Redevelopment) Ward, regarding the necessity for rescinding the Ordinance which was passed to print at the April 19, 1982 meeting, due to bond restrictions. He stated that Bond Counsel has prepared a new Ordinance which would be proper to pass. Councilmember Breiner moved and Councilmember Jensen seconded, to rescind Ordinance No. 1428. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen Councilmember Breiner then moved and Councilmember Frugoli seconded, to pass the amended Ordinance to print. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen Councilmember Jensen then reviewed the history of the lot, with regard to the Parking District which was formed when it was first constructed, and questioned whether the transfer to the Redevelopment Agency for $1.00 is legal, without going out to bid. He stated that the property belongs to the people, not the District. Since Bond Counsel Ness had left the meeting, just prior to Mr. Jensen's question, the matter was continued to the May 17, 1982 meeting for a legal opinion. Councilmember Breiner moved and Councilmember Jensen seconded, to rescind the previous action of passing the new proposed Ordinance to print. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 95 Councilmember Jensen noted that there are signs posted at the Third and A parking lot stating it will soon be closed, due to the construction of a parking structure, and Mr. Bernardi replied that the ground breaking is planned for May 10th. Mr. Jensen inquired if the financing is settled and Mr. Bernardi replied in the affirmative. Tom O'Toole asked that consideration be given to egress into the parking structure off Third street, stating that there is ample room for a holding area for turning into the structure. Mr. Bernardi replied that there is access from A and B Streets, and that staff feels that access from Third Street would be counter-productive. It could always be added later if circumstances dictated such a change. 17. DISCUSSION OF CITY COUNCIL POLICY RE APPOINTMENTS AND REAPPOINTMENTS TO COMMISSIONS AND BOARD C -Fi e -- x9- Councilmember Breiner moved and Councilmember Frugoli seconded, to go back to the policy the Council had at one time for appointment and reappointment to boards and commissions, and have all applicants included for interview by City Council - incumbents and new applicants together. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 18. STATUS REPORT ON REQUEST FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (CM) - File 8-9 x 205 City Manager Beyer briefed the Council on the City's reimbursement thus far, with respect to the January 4, 1982 disaster. The Federal Emergency Management Agency has given the City a total of $461,583 to date. The total amount asked for was $2,638,962, but this was reduced to $899,054 by the FEMA field teams. Mr. Beyer intends to pursue the matter further in an attempt to obtain additional funds, and will give an updated report at the May 17, 1982 meeting. 19. REQUEST FOR EMERGENCY FUNDS FOR SPRAYING OF ELM LEAF BEETLE (PW) - File 9-3-40 Public Works Director Bernardi informed the Council that the leaf beetle is again infesting the City's 1,200 elm trees, and proposed that the funds for the spraying come from savings within this year's budget - $4,200 from Public Works, and $5,800 from Unallocated Funds. Proper notification of residents prior to spraying, and spraying only in the early morning and in calm weather, are two of the conditions. Councilmember Jensen moved and Councilmember Breiner seconded, to approve the staff recommen- dation to authorize hiring of a licensed contractor, after seeking competitive bids, to spray a 1% Carbaryl solution on City maintained elm trees, subject to: 1) Notification of residents in advance of spraying in their area; 2) Spraying only in the early morning and in calm weather; and 3) That private property be protected as necessary and washed down after the spraying. Funds for the spraying are to come from savings within this year's budget: $4,200 from Public Works, and $5,800 from Unallocated funds. Further, that not only residents be notified of the spraying in advance, but wide publicity given so that children and adults from other areas may avoid the areas being sprayed. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 20. REPORT ON FINANCIAL HEALTH OF THE CITY (CM) - File 8-9 x 8-5 City Manager Beyer reviewed current City problems as well as those issues which will face the City in the future. He projected estimated revenues through Fiscal Year 1985/86. Council discussed the report, and agreed that the sales tax is the crucial unknown factor. The expansion of Northgate was then discussed and it was agreed that Mayor Mulryan will write the Northgate management regarding their pursuing expansion in connection with the allocation of sewer permits from Las Gallinas Valley Sanitary District. 21. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Council reviewed a staff report from Assistant to the City Manager Nicolai, indicating tha the League of Women Voters are seeking Council support for AB 1947 (Bates), the oil severance measure which would enact a 6% tax rate on the gross market rate of oil at the wellhead. The estimated yield to the State Treasury is $500,000,000 per year. The League of California Cities is not taking a position on this Bill. The staff report indicated there is no assurance that any portion of the funds would be passed on to the local level. Mayor Mulryan moved and Councilmember Jensen seconded, not to take a stand on the issue. AYES: COUNCILMEMBERS: Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: Miskimen Councilmember Breiner indicated her support for AB 1947. ADD ITEM SETTING DATE FOR PUBLIC HEARING - PLANNING COMMISSION RECOMMENDATION ON ENVIRONMENTAL DETERMINA ION AND REZONING, GRO E HIL , AND APPEAL OF PLANNING COMMISSION CONDITIONAL APPRO AL OF TENTATIVE SUBDIVISION MAP AND USE PERMIT P - Fi e - - At the request of staff, Councilmember Frugoli moved and Councilmember Breiner seconded, to set a public hearing on the above matters for Monday, May 17, 1982, at 8:00 PM. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mi skimen CLOSED SESSION 22. CLOSED SESSION TO DISCUSS PENDING LITIGATION File 3-1-623 (PW) Council met in closed session and then reconvened in public to award $2,473 to Joyce Johnson, Claim No. 3-1-623. Fila 4-1-qn Council met in Closed Session to discuss the contract for Expert Witness Services. They took no action, but met in public session and directed that the matter be agendized for May 17, 1982. The City Council adjourned to their next regular meeting on May 17, 1982. ANNE M. LEONCINI, City Clerk APPROVED THIS �"? DAY OF 1982 G A OR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** 97 In the Council Chambers of the City of San Rafael, Monday, May 17, 1982, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 2. Acceptance of Drainage Easement - Meadow Oaks Subdivision (PW) - File 2-5 5. 1. Claims for Damages: a. Mary E. Roberts - File 3-1-638 (PW) b. Wm. & Alice Paganini - File 3-1-639 (PW) c. Jan & Alicia Pietrzak - File 3-1-650 (PW) d. Susan Gocher - File 3-1-651 (PW) e. Jimmy & Michele Williams - File 3-1-652 (PW) f. James R. Walker, Jr. - File 3-1-657 (PD) g. Foremost Insurance Co. - File 3-1-679 (PW) Recommended Action RESOLUTION NO. 6301 - ACCEPTING GRANT OF STORM DRAIN EASEMENT - MEADOW OAKS SUBDIVISION Approved R. L. Kautz & Co. recommenda- tions for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVAL OF MINUTES OF SPECIAL MEETING OF APRIL 21, AND REGULAR MEETING OF MAY 3, 1982 (CC) - F1e - Councilmember Breiner moved and Councilmember Frugoli seconded, that an amendment be made to Item 12, page 4, in the minutes of May 3, 1982, to substitute the work "recommendation" for the word "choice" in the last line of the first paragraph. With that amendment, both sets of minutes are approved. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: CO UNC I LM EM BE RS: None ABSENT: COUNCILMEMBERS: None 3. THIRD ANNUAL TOWN PICNIC AND PARADE, JULY 11, 1982 (CM) - File 11-22 Councilmember Breiner mentioned that, since this is an election year, there may be candidates who wish to participate in the parade, and she suggested that since the City is supporting the parade through Fire, Police and Public Works services, we recommend that any candidate who inquires be allowed one vehicle in the parade. Councilmember Breiner then moved and Councilmembr Frugoli seconded, to approve staff recom- mendation to authorize expenditure of $6,300 for Fire, Police and Public Works services for the parade, and to add the provision of one vehicle per candidate. AYES: COUNCILMEMBERS: Breiner, Frugol i , Jensen, Mi skimen & Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. REQUEST FOR COUNCIL APPROVAL: (Red - File 8-21 a. ACCEPTANCE OF PROJECT REC FUND FOR RECREATION EQUIPMENT FOR PICKLEWEED PARK b. ESTABLISHMENT OF SPECIAL TRUST FUND FOR PROJECT REC FUND City Manager Beyer asked that this item be deferred to the June 7, 1982 meeting at the request of Marilyn Weller, who wished to suggest some specific wording in the second resolution. Council agreed to this request. 20. CONSIDERATION OF LATE APPEAL FROM CENTRAL MARIN SANITATION AGENCY RE ODOR EASEMENT CONDITION OF USE PERMIT P1 - Fie 12-7 Item continued to June 7, 1982, at request of counsel for the Central Marin Sanitation Agency. 6. PUBLIC HEARINGS (P1) - File 5-1-269 a. PLANNING COMMISSION RECOMMENDATIONS TO CERTIFY NEGATIVE DECLARATION AND REZONE (Z81-2) 57 RACQUET CLUB DRIVE KNOWN AS_"GROVE IFROM (UNCLASSIFIED) S I 0 - PLANNED DEVELOPMENT DISTRICT; AP 10-221-19, 24, 25 and AP 10-232-34 AND 36; INITIATED BY AL VON DER WERTH,REPRESENTED BY B E S AND b. APPEAL OF PLANNING COMMISSION RECOMMENDATIONS ON NEGATIVE DECLARATION AND REZONING AND OF PLANNING CONIMISS10N CONDITIONAL APPROVALS OF TENTATIVE SUBDIVISION TS -2 A D USE PERMIT UP8 - ; APPELLANTS, NEIGHBORHOOD 13 ASSOCIATION AND IND ID ALS Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the staff report, and noted that the first item for con- sideration is the Negative Declaration, which must be done prior to the discussion on the merits of the proposed development. The Planning Commission was satisfied that all potential impacts have been addressed and mitigated through the recommended conditions of approval, and found that the project was consistent with the recently adopted Neighborhood Plan. Staff feels that there is no lack of soils and geotechnical information which would have been included in an EIR, and the Planning Commission determination was based upon a detailed presentation by the project soils engineer accompanied by a written report, and concurrence by the City Geotechnical Review Board and State Geologist Salem Rice. Ms. Moore pointed out that the appeal letter cites staff recommendations, whereas the Planning Commission was involved in the review and held meetings with the geologists, although staff's role in the preparation of the EIR was significant. She also mentioned that the slide on Hillside Avenue, which was referred to by the appellants in their discus- sions, is not comparable to the Grove Hill area. However, the merits of the project should wait until a decision is made on a Negative Declaration. Mayor Mulryan called for comments from those appealing the Planning Commission recommendation. Council then heard from Bill Dittman questioning advisability of housing being built on a repaired landslide; access from Fifth Avenue rather than from Racquet Club Drive; setting of a precedent for hillside developments; and questioning the reclassification system with regard to housing resource areas. Elliot Bien then addressed the Council, expressing the opinion that an EIR is necessary in this instance, to resolve questions raised by the nearby residents. He feels that this plan involves lesser standards than those cited in the Neighborhood Plan. Dick Fox, Vice President of Neighborhood 13 Association, presented reasons why he feels a focused EIR should be done, and expressed dissatisfaction with the geotechnical and soils engineering aspects of the project. He strongly recommended that a focused EIR be done by experts. Lane Fye expressed concern regarding the surcharged sewer system, and cited the problem in the January storm when the sewers overflowed on Fifth Avenue. He also stated he has a problem with the developer about his property line, in connection with the access road to the development. He is also concerned about soil being washed down into his property, if homes are built above. Bill Martin and Joan Baker spoke on the drainage issue, and inadequacy of the creek during heavy runoff. Joel Neeke brought up the risk factor in case the reservoir above the develop- ment should develop trouble. Gayle Mills spoke about applying the Resource Classification System (RCS) to Grove Hill in accordance with the Neighborhood Plan, and asked that the density be reduced to seven, rather than the eighteen being approved, since seven would be in conformance with the RCS. Mayor Mulryan then called for comments from the applicants for the proposed project, first of whom to speak was Brent Dickens, architect. He explained that the RCS came up with eighteen units, with seven acres developable, and he is actually building on only six acres. The reasons for the designated RCS areas not being built upon are because one is a narrow strip not suitable for housing and one is being used for a road and would be too visible. None of the homes in the project are being situated so they will be visible against the skyline. Mr. Dickens also mentioned that they have found that Mr. Fye's property line will be eight or ten feet away from the access road. They are making offsite improvements and drainage will not be a problem. There will be a 20,000 gallon capacity holding tank for water so the flow will be controlled. Councilmember Miskimen inquired about clustering, and Mr. Dickens informed him that there will be three clusters - one with three units, one with nine build- ings, and one with four buildings. The site has been revised six times with respect to clustering, and the present plan maximizes the open space between the clusters. Council - member Breiner inquired if there is a housing pad on a repaired slide area, and Mr. Dickens replied there is one on a shallow slide, and that there will be further testing before each individual unit is built. Ms. Breiner inquired about testing while a unit is being built, and Mr. Dickens stated that the geotechnical engineer will be supervising during construction. Councilmember Breiner inquired about the runoff, as far as the Fifth Avenue collector is concerned and Public Works Director Bernardi informed the Council that the situation has been repaired at a cost of $4,600, which cost will be forwarded to the developer as part of his sewer system mitigation. Mr. Bernardi stated that in the process of the inspection it was discovered that part of the problem was from roof drainage and illegal connections going into the sewer line. Engineer Lee Oberkamper informed the Council that an overall drainage plan is being prepared and will be submitted as part of the package. There will be concrete interceptors behind existing homes. There will also be the collection basin mentioned by Mr. Dickens, with a capacity of 20,000 gallons, underground, which will hold back the flow of water and release it at intervals. There will also be catch basins on Fifth Avenue which will allow discharge into the correct channel, rather than water flowing down the street. Catch basins will be maintained, through the homeowners' association, to prevent buildup of debris. Mayor Mulryan inquired of Mr. Dickens, how long it would take and how much it would cost should an EIR be required, and Mr. Dickens estimated it would take about six months, at a cost of $20,000 to $30,000. There being no further public input, the public hearing was closed. Council then discussed the Negative Declaration. Mayor Mulryan stated that it is incredible that an EIR was not ordered sooner. Planning Director Moore stated that there is as much information in the Negative Declaration as there would have been in an EIR. Councilmember Jensen moved and Councilmember Frugoli seconded, to certify a Negative Declara- tion. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Miskimen NOES: COUNCILMEMBERS: Mayor Mulryan ABSENT: COUNCILMEMBERS: None Councilmember Breiner remarked that her affirmative vote was due to the fact that she feels that an EIR is an informational document and the Council received nearly as much information in the Negative Declaration as they would have in an EIR. Planning Director Moore informed the Council that their next action would be to consider the Planning Commission recommendation on the rezoning and the appeal of the Planning Commission conditional approval of the Tentative Map and Use Permit. Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the rezoning to P -D, and also approve the Tentative Subdivision Map. Under question, Councilmember Miskimen inquired as to which of the actions being taken relates to the density, so that it may be reviewed further. Ms. Moore stated that the zoning is what sets the density for the project, and it approves the Master Plan of the development, so if you have concerns about the density or need further information about it you should take no action on the rezoning, or get that matter clarified now. Councilmember Breiner suggested that possibly the Council could delay the vote on the rezoning because it is tied to the density, and perhaps tour the site with staff and the developers to review the various options. Councilmember Frugoli amended his motion to allow Council to further review the density angle. Councilmember Miskimen suggested passing the rezoning Ordinance to print, and delaying final adoption to the June 21st meeting, so any Councilmember will have the right to vote "No" on final adoption. Councilmember Frugoli withdrew the amendment to the motion, so the rezoning Ordinance may be passed to print, but with a final adoption date of June 21st. Meanwhile, Council will review the density aspect. 4 100 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 R-1 (Single Family Residential) District to P -D (Planned Development) District (57 Racquet Club Drive "Grove Hill"), and numbering Charter Ordinance No. 1429, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None In order to comply with procedural requirements, Councilmember Jensen moved and Councilmember Frugoli seconded, to uphold the Planning Commission conditional approvals and approve the Tentative Subdivision Map of "Grove Hill". AYES: CO UNC ILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - REZONING (Z81-4) OF ROTARY MANOR, 1821 FITH AVENUE, AP 10-291-13, 14 & 15, FROM: R-2 & "U" (DUPLEX RESIDENTIAL & UNCLASSIFIED) DISTRICTS, :- DEVELOP- MENT) ) DIS RIC ; AP ICA S, A 0 COR OWNERS; R OC c REPS.; INITIATED BY CITY OF SAN RAFAE P - File 10-3 x R-144 Mayor Mulryan declared the public hearing opened. Since there was no public input, the public hearing was closed. Councilmember Miskimen moved and Councilmember Jensen seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 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 R-2 and U (Duplex Residential and Unclassified) Districts to P -D (Planned Development) District (1821 Fifth Avenue - Rotary Manor), and numbering Charter Ordinance No. 1530, was read, introduced and ordered to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. PUBLIC HEARING - PRE -ABATEMENT PUBLIC HEARING RE ABATEMENT OF A PUBLIC NUISANCE (ABANDONED HOUSE) LOCATED AT 11 LINDENWOOD COURT AP 185-161-12) (P - File 3-3-33 Mayor - - Mayor Mulryan declared the public hearing opened. I Staff recommended continuing the public hearing to June 21, 1982, since the owner of the property, J. R. Ghadiri, has indicated that his insurance company appears willing to settle his claim concerning the damage caused by the January 4, 1982 storm, and it appears the matter may be settled in a timely manner. Mrs. Gloria Bowers informed the Council that she lives directly across the street from the house in question, at 6 Lindenwood Court, and that she has the same insurance company as Mr. Ghadiri, but has been informed that her damage is not covered. She cited unsanitary and unsafe conditions at 11 Lindenwood Court, including rats and mosquitoes, and weekend parties although there are no utilities connected. Also, no effort has been made to remove the debris or clean the property in any manner. The owner of the property, J. R. Ghadiri, informed the Council that his attorney, Mr. Harris, had informed him that an SBA loan is going through, and action will be taken soon on the property. Mayor Mulryan requested Code Enforcement Officer Cunha to contact Mr. Harris and verify the matter of the loan. Mr. Cunha stated he had spoken to Mr. Harris about the loan, but will call him again early on Tuesday morning to verify that it is actually going through. Mayor Mulryan asked what the abatement would consist of, and Mr. Cunha replied that it would be abated to the standards of the neighborhood, or perhaps boarded up for the present, and eventually removed if it is not habitable. Council then heard from Michael C. Killelea and Michael Lane, both of Rollingwood Drive, who echoed the concerns expressed by Mrs. Bowers. There being no further public input, the public hearing was closed. 101 Councilmember Miskimen moved and Councilmember Breiner seconded, that staff be directed to prepare a resolution, with findings, and setting a time frame for abatement, to be agendized for the June 7, 1982 meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. PUBLIC HEARING - PRE -ABATEMENT PUBLIC HEARING RE AN ALLEGED ILLEGAL CARPORT LOCATED AT 229 HUMBOLDT STREET P - i e 3- - Mayor Mulryan opened the public hearing and continued it to June 7, 1982, as recommended by staff. This will allow property owner to be served personally. That had not been done previously because the property owner, Billy J. Taylor, had previously agreed to the removal of the carport, but has since stated that he will contest the abatement action. (Councilmember Miskimen left meeting) 9. PUBLIC HEARING - CITY COUNCIL REVIEW OF COSTS ASSOCIATED WITH ABATEMENT OF A PUBLIC NUISANCE AT GREENFIELD AND WEST ENDA S - File -- Mayor Mulryan declared the public hearing opened. He stated that the purpose of the public hearing is to review the costs associated with the tree removal, which total $900.00. Lucille Grady, Manager of Marin County Board of Realtors, whose office is adjacent to the area where the trees in question are located, informed the Council that they appreciate what has been done so far, but that one tree has fallen since the trees were cut back. For- tunately, it fell on another tree. However, she feels that another look should be taken, to see if further abatement might be advisable. There being no further public input the public hearing was closed. Mayor Mulryan asked Code Enforcement Officer Cunha to inspect the area again, with the Park Superintendent, to see if further pruning should be done. RESOLUTION NO. 6302 - CONFIRMING THE COST AND DIRECTING STAFF TO INITIATE COLLECTION OF THE COST FROM THE PROPERTY OWNERS FOR ABATEMENT OF TREES AT GREENFIELD AND WEST END AVENUES AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 11. PUBLIC HEARING - REQUEST OF CITY ATTORNEY EDMUND A. DUGGAN ON DISQUALIFICATION OF COUNCILMEMBER GAR RUGOLI ON GRANGE APPEAL CA - File 9-4-4 x 5-1-272 (Councilmember - - (Councilmember Miskimen returned) Mayor Mulryan declared the public hearing opened, and informed the Council that he had received a telephone call from Mr. Grange's counsel this evening, asking that the hearing be continued, since he is unable to be here. Mayor Mulryan stated he thought that would be in order, and also sees no problem in hearing this matter at the same time as Mr. Grange's appeal which was not agendized for this meeting. City Attorney Duggan asked the Council to urge Councilmember Frugoli to not vote on the Grange appeal. Mayor Mulryan stated he would like to obtain independent opinion on this matter. Councilmember Breiner suggested either the League of California Cities or the Attorney General's Office be contacted, before anything further is done on this matter. Mr. Duggan suggested that the request should go to the Attorney General through our representatives, Mr. Keene or Mr. Filante. Councilmember Breiner added that the request should be very carefully stated, in a neutral manner. Council then heard from Don Hodgen, of 34 Fernwood Way, which is adjacent to one of Mr. Grange's lots. He stated he will be present at the appeal hearing, to ask Council to back up the Plan- ning Commission. He questioned Mr. Frugoli's objectivity in the Grange matter, since Mr. Grange has contributed to his campaign. Fred Grange then addressed the Council, and stated he has contributed to many other candidate's campaigns because he respects their philosophical commitments and beliefs. Other than the contribution, he stated he was not active in Mr. Frugoli's campaign, and has not discussed any of his dealings with the City in front of Mr. Frugoli. Council then continued the public hearing on Mr. Frugoli's matter to July 6, 1982, at the request of Mr. Grange's attorney. Mrs. Hodgen informed the Council that she and Mr. Hodgen will be out of town on that date, and the public hearing date was changed to July 19th. F 102 Mr. Grange informed the Council that his attorney would prefer the disqualification hearing on a separate evening from his appeal, and Council agreed that the disqualification hearing would be held on July 6, 1982, and Mr. Grange's appeal hearing on July 19, 1982. 12. PRESENTATION OF MANAGEMENT COMPENSATION STUDY (CM) - File 4-3-85 Continued to June 7, 1982, since consultant (Wm. Hamilton & Associates) representative could not be present at meeting. 13. RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR EXPERT WITNESS SERVICES (CA) - File 4-3-90 RESOLUTION NO. 6303 - AUTHORIZING SIGNING OF CONTRACT, LEASE OR AGREEMENT (For Expert Witness Services) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION ON HIGHWAY 101 NOISE BARRIERS (P1) - 1 P Council reviewed a staff report regarding noise barriers on Highway 101, on both sides, and Mayor Mulryan first called for comments from persons opposing the noise barriers. John Goff of 15 Stevens Place stated that in his estimation it would be a waste of money to have a sound barrier in that location, since the highway is elevated at that point and a wall would be unnecessary, but that foliage would be the answer for that area. Mayor Mulryan informed him that the plan is to request CalTrans for planting to prevent the walls from presenting a stark effect, and that the extra lanes not be constructed without barriers of some sort. By a show of hands requested by Mayor Mulryan, it was determined that Mr. Goff was the only person present who had any objection to the project. Councilmember Jensen moved and Councilmember Breiner seconded, that the Council request CalTrans to include the sound barriers in the HOV Lane Project, and to insure that the barriers are aesthetically well designed. Mayor Mulryan asked for comments from those present, on the motion before the Council. Robin Hadley of Worthington Lane informed the Council that his concern is that in the future the CalTrans plans do not make San Rafael another 'Nimitz', which serves to get people through San Rafael to areas to the north, since this is the only route from the South Bay or East Coast (Bay) to the communities to the north. He stated that he is very much in favor of the sound barriers, along with planning for the future. Bob Crockett from CalTrans complimented staff on their staff study of the matter, and noted that the decibels mentioned are peak load and not the noise levels for the entire 24 hours but only for the peak periods. He then addressed the subject of landscaping as a possible mitiga- tion for noise being ineffective. He stated that he is certain that the walls on the East side of the highway will be very cost effective and he sees no reason why they should be the subject of an exception. He also feels that the walls at Los Gamos are effective, and no exceptions would be asked. Detailed study is now being done on the area around Stevens Place, and Mr. Crockett stated he appreciated Mr. Goff's remarks. It is not certain at this time if sound walls will be recommended on the west side, north of the pedestrian overpass. Drew Case of Brookdale Avenue stated that the highway is twelve feet higher than his property, and anything over a four -foot wall would be unnecessary. Caroline McDonald of Glen Park Avenue spoke in favor of the sound barrier on the east side of the highway in the Glen Park area. Mayor Mulryan suggested, and the Council agreed, that the motion before them be amended to include the fact that the Council insists on the barriers on the east side of the freeway. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Jensen left meeting) 15. COMMUNICATION FROM DANIEL M. GONZALES & ASSOCIATES RE AIR RIGHTS HOUSING IN DOWNTOWN SAN RAFAEL CM - File 20 Council considered a staff report from City Manager Beyer, informing them that Daniel Gonzales asked that the City consider a new proposal regarding air rights housing in downtown San Rafael over City -owned parking lots. Under the concept, the applicant needs Redevelopment Agency participation for the air rights purchase, garage and housing financing, by providing the air rights for little or no cost and by providing mortgage financing through some means of mortgage revenue bonds. 103 Mr. Beyer recommended that Council refer the matter to staff for review and recommendation at the June 7, 1982 meeting, and Council agreed. (Councilmember Jensen returned) 16. PROPOSED ORDINANCE FOR SALE OF CITY PARKING LOT TO THE SAN RAFAEL REDEVELOPMENT AGENCY (RA) - i e 2-1-20 xR-38 An Ordinance of the City of San Rafael, Providing for the Sale and Conveyance of Public Real Property to the San Rafael Redevelopment Agency (City Parking Lot, Third & "A" Streets), and numbering Charter Ordinance No. 1431, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None Mr. Jensen indicated he is not satisfied that this is the proper course of action. 17. FURTHER REPORT ON REQUEST FROM FEDERAL EMERGENCY MANAGEMENT AGENCY (CM) - File 8-9 x 205 Council accepted a report from City Manager Beyer, indicating that the Federal Emergency Management Agency (FEMA) has approved an additional $12,244 toward reimbursement for the January 4th storm disaster, bringing the total approved amount to $473,827 to date. Mr. Beyer was asked to continue to vigorously pursue obtaining approval for additional funds. 18. SETTING OF SPECIAL CITY COUNCIL MEETING DATE TO INTERVIEW APPLICANTS FOR VACANCIES ON: (CC) a. PARK & RECREATION COMMISSION (2 Vacancies) - File 9-2-4 Council reviewed a staff report indicating that two applications have been received for the Park & Recreation Commission, one from incumbent Vernon Nicholson and one from Olive Raymond. William A. Love has indicated he is not seeking reappointment, and will submit his resignation. b. PLANNING COMMISSION (3 Vacancies) - File 9-2-6 The staff report indicated that six applications have been received for the three vacancies on the Planning Commission, one from incumbent Michael Smith, the others from: Wm. E. Brannan, Michael J. Cronin, Robert Hoffmann, Robert Huntsberry, and Maynard Willms. Commissioner Cecilia Bridges has indicated she will not seek reappointment. Her resignation was submitted previously. Council agreed to set Tuesday, June 1, 1982 at 7:00 PM to interview all applicants for the commission vacancies. 19. PROPOSED CHANGE OF ACCOUNTING AND COMPUTER SERVICES (Fin) - File 4-3-91 Council reviewed a staff report from Finance Director Coleman, recommending a change in the computer services, and recommending that the City contract with Creative Computer Solutions, Inc., at an estimated $2,000 per month with a $500 per month credit toward eventual purchase of the software package. RESOLUTION NO. 6304 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Creative Computer Solutions, Inc.) AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. Please refer to page 2. Frugoli, Jensen, Miskimen & Mayor Mulryan 21. RESOLUTION ENDORSING COUNTY BALLOT MEASURE FOR USER FEE (5¢ PER GALLON GAS TAX) INCREASE, IN NOVEMBER 1982 ELECTION PW - File 9 - Council reviewed a staff report from Public Works Director Bernardi, indicating that SB 215 (Foran) allows a local fuel tax election if it is first approved by the Board of Supervisors and a majority of the City Councils of cities having a majority of the population; and if the county and cities have a written agreement on how the revenues will be allocated between the county and the cities. The Metropolitan Transportation Commission (MTC) is providing a coordination role for the nine -county effort to endorse this ballot measure. RESOLUTION NO. 6305 - ENDORSING BALLOT MEASURE FOR USER FEE (FIVE CENTS PER GALLON GAS TAX) INCREASE ON THE NOVEMBER, 1982 ELECTION AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None 104 22. APPEAL RE DENIAL OF TOWING PERMIT TO STUART FILLPOT (PD) - File 9-3-30 Council agreed to hear this matter in Closed Session at the conclusion of this meeting, due to the sensitive nature of Stuart Fillpot's background investigation. 23. PROPOSED SCHEDULE FOR BUDGET HEARINGS (CM) - File 8-5 City Manager Beyer suggested dates for the budget hearings, when it appeared that all Council - members could be present, and the Council agreed that Monday and Tuesday, June 28th and 29th would be desirable, with June 30th if it is necessary to have a third session. Meetings will commence at 7:30 PM. 24. AGREEMENT RE MODIFICATION OF COUNTY CONTRACT RE ANIMAL CONTROL OFFICERS (CM) - File 4-13-54 Assistant to the City Manager Barbier informed the Council that the County is asking that the present Animal Control Agreement be modified to provide for ten Humane Officers instead of eleven, due to cutbacks. This should not provide a hardship, since it appears that calls for service will decrease in FY 1982/83. RESOLUTION NO. 6306 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH THE COUNTY OF MARIN TO MODIFY THE CITY OF SAN RAFAEL CONTRACT WITH THE COUNTY REGARDING ANIMAL CONTROL OFFICERS (Reducing the number of Humane Officers from eleven to ten.) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. REPORT RE PRIORITY SETTING COMMITTEE RECOMMENDATIONS RE SAN RAFAEL PLANNING AREA (Fin) - ie 147 Council reviewed a list which reflected recommendations by Councilmember Breiner and Supervisor Roumiguiere as a result of a public hearing which had been conducted May 12, 1982, to hear proposals for an estimated $351,000 in HCDA funds. Council agreed with Councilmember Breiner that the Emergency Shelter item should be Countywide ($8-10,000), since the City of San Rafael already has seventeen special care facilities and other communities should carry their fair share of the load. Councilmember Miskimen moved and Councilmember Jensen seconded, to approve Councilmember Breiner's recommendations on the HCDA funds. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. REFERRALS FROM COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS' MEETING (CM) - File 113 a. APPOINTMENT (one) FROM MCCMC TO THE BOARD OF THE GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT b. APPOINTMENTS (two) FROM MCCMC TO THE BOARD OF THE MARIN COUNTY TRANSIT DISTRICT Council considered a staff report from City Manager Beyer, indicating that the Marin County Council of Mayors and Councilmembers have nominated Robert L. Dunn and Dick Spotswood for the vacancy on the Golden Gate Bridge, Highway & Transportation District Board, and Richard Skaff and Pieter Toal for the Marin County Transit District Board for the two vacancies. The voting for these vacancies will be held at the next MCCMC meeting. Councilmembers Frugoli and Jensen felt they would like to have the Council take a stand, and instruct the Councilmembers who planned on attending the next meeting as to how they should vote. Mayor Mulryan and Councilmembers Breiner and Miskimen disagreed, saying that individual votes are taken by those attending the meeting rather than a Council being instructed. Councilmember Frugoli moved and Councilmember Jensen seconded, to nominate Dick Spotswood for the Golden Gate Bridge, Highway & Transportation District Board. AYES: COUNCILMEMBERS: Frugoli & Jensen NOES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan ABSENT: COUNCILMEMBERS: None Motion failed. (Councilmember Jensen left meeting) 27. PROGRESS REPORT - MARIN ARTS COUNCIL (Rec) - File 197 Council reviewed the Progress Report which has been submitted by the Marin Arts Council to the California Arts Council as part of the State/Local Partnership Program. This report is to be approved, by resolution, by city councils and the Board of Supervisors. 105 RESOLUTION NO. 6307 - APPROVING THE PROGRESS REPORT SUBMITTED BY THE MARIN ARTS COUNCIL AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 28. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 x 9-3-61 x 9-4 Council reviewed a staff report from Assistant to the City Manager Nicolai regarding recent legislation, and then took the following action: Agreed tp contact legislators expressing the City's strong objection to the proposal regard- ing the elimination of city subventions. Councilmember Breiner m9wed and Crouncilmember Frugoli seconded, to adopt the proposed Resolution endorsing the principles of SB 358 (Nielsen) providing long-range State and local funding for public libraries. RESOLUTION NO. 6308 - ENDORSING THE PRINCIPLES OF SENATE BILL 358 PROVIDING LONG-RANGE STATE AND LOCAL FUNDING FOR PUBLIC LIBRARIES AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen Council endorsed AB 2400 (Sher) Elections by Mail, which is permissive legislation allowing cities to conduct special elections by mail. Councilmember Miskimen dissented. 29. REQUEST TO REVIEW FINES FOR PARKING CITATIONS - File 9-10-2 This item continued to June 7, 1982, due to lateness of the hour. 30. DISCUSSION CONCERNING HOW TO DEVELOP CADRE OF VOLUNTEER WORKERS FOR THE CITY - File 9-1 This item continued to June 7, 1982, due to lateness of the hour. ADD ITEM - File 9-1 Councilmember Breiner asked that at the June 7, 1982 meeting, there be a discussion of the nuclear freeze on the agenda. Council agreed. CLOSED SESSION 31. Council met in closed session to discuss potential litigation and labor negotiations, and also the case of Stuart Fillpot (see Item No. 22). Council then met in open session, and denied Mr. Fillpot's appeal for issuance of a towing permit. Council upheld Police Chief Ingwersen's recommendation. The City Council then adjourned to a special meeting on June 1, 1982, at 7:00 PM, to interview applicants for the Park & Recreation and Planning Commissions. ANNE M. LEO NCIN , City Clerk APPROVED THIS � ♦, DAY OF 1982 4 OR ��S�ARA AEL *** *** *** *** *** *** *** *** 106 In Conference Room 201 of the San Rafael Special Meeting: City Hall, Tuesday, June 1, 1982, at 7:00 PM. Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember (Arr. 7:10 PM) RE: INTERVIEWS OF APPLICANTS FOR VACANCIES ON PARK & RECREATION AND PLANNING COMMISSIONS a. PARK & RECREATION COMMISSION (Two Vacancies) - File 9-2-4 Council interviewed incumbent Vernon H. Nicholson for reappointment to the Park & Recre- ation Commission. Incumbent William A. Love decided not to apply for reappointment and has submitted his letter of resignation. Applicant Olive Raymond did not appear for her interview. Councilmember Jensen moved and Councilmember Frugoli seconded, to reappoint Vernon Nicholson to a four-year term on the Park & Recreation Commission, to expire the end of May 1986. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen Mayor Mulryan instructed the City Clerk to readvertise for thirty days for one vacancy on the Park & Recreation Commission, and requested that a Resolution of Appreciation be prepared for William A. Love. b. PLANNING COMMISSION (Three Vacancies) - File 9-2-6 Council interviewed the following applicants for three vacancies on the Planning Commission, for one unexpired term to the end of June 1984 caused by the resignation of Clifford S. Lund on March 1, 1982, and two four-year terms - those of incumbents Vice -Chairman Michael J. Smith and Chairman Cecilia Bridges - to expire the end of June 1986 (Cecilia Bridges had previously submitted her resignation effective June 30, 1982): Michael J. Smith William E. Brannan Michael J. Cronin Robert E. Hoffmann Robert J. Huntsberry Maynard H. Willms Councilmember Breiner moved and Councilmember Jensen seconded, to reappoint Michael J. Smith to the Planning Commission for a four-year term to expire the end of June 1986. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Jensen moved and Councilmember Frugoli seconded, to appoint William E. Brannan to the Planning Commission. Under discussion, Mayor Mulryan indicated that he felt Mr. Brannan was needed more on the Citizens' Advisory Committee on Redevelopment. AYES: COUNCILMEMBERS: Frugoli & Jensen NOES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan ABSENT: COUNCILMEMBERS: None Motion failed. Mayor Mulryan moved and Councilmember Miskimen seconded, to appoint Maynard Willms to the Planning Commission. AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Mayor Mulryan seconded, to appoint Robert E. Hoffmann to the Planning Commission. Under discussion, Councilmember Frugoli stated he would support appointment of Michael J. Cronin instead, as he felt Mr. Hoffmann's time is already taken up with duties as Chamber of Commerce President. AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS: None 107 Council then requested City Clerk to draw lots. Robert E. Hoffmann received the two-year term, to expire the end of June 1984, and Maynard Willms the four-year term to expire the end of June 1986. Mayor Mulryan requested that a Resolution of Appreciation be prepared for Cecilia Bridges. The Council adjourned to their next regular meeting on Monday, June 7, 1982. I 19311LIN long A APPROVED THIS / DAY OF 1982 MA OR OF kC*O SA�AFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, June 7, 1982, at 7:45 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman Dorothy L. Breiner, Councilmember/Agency Member Gary R. Frugoli, Council member/Agency Member Fred E. Jensen, Councilmember/Agency Member John A. Miskimen, Councilmember/Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Edmund A. Duggan, City Attorney/Agency Attorney RE: PUBLIC HEARING - DISPOSAL OF REAL PROPERTY, 2.3 ACRES AT 550 FRANCISCO BOULEVARD (Former DeLong Property) (RA - File R-214 x S C2-10 1. REDEVELOPMENT AGENCY a. RESOLUTION AUTHORIZING NEGATIVE DECLARATION FOR DISPOSITION AND DEVELOPMENT AGREEMENT WITH ROLAND A. BACC b. RESOLUTION TO DETERMINE AGENCY HAS COMPLIED WITH SECTION 33433 OF THE CALIFORNIA REALTH & SAMYAND APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT MR ROLAND A. BACC 2. CITY COUNCIL RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DETERMINING AGENCY COMPLIANCE WITH SECTIONF THE CALIFORNIAAND SAFETYARDING THE SALE TO ROLAND A. BACC Mayor/Agency Chairman Mulryan declared the public hearing opened. Attorney Albert Bianchi, representing Roland Bacci, thanked the staff for their cooperation and help in working out the details of this purchase. He stated that all difficulties have been resolved, but there is one suggested change on page 2, Part I, paragraph 2.2, "Purchase Terms", of the Disposition & Development Agreement. With reference to the cash payment of $80,000 by the purchaser, Mr. Bianchi suggested the following wording: "Said $80,000 shall be paid in the following manner: $30,000 cash on close of escrow; the balance in five equal annual installments on the anniversary date of close of escrow, said installments to be deemed in lieu of taxes". Council/Agency agreed to the revision. There being no further input, the public hearing was closed. RESOLUTION NO. 82-6 - AUTHORIZING NEGATIVE DECLARATION FOR DISPOSITION AND DEVELOPMENT AGREEMENT WITH ROLAND A. BACCI ET AL (AP 13-051-08 and Ptn. of 07) AYES: MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None RESOLUTION NO. 82-7 - DETERMINING AGENCY HAS COMPLIED WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE AND APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT WITH ROLAND A. BACCI ET AL (AP 13-051-08 and Ptn. of 07) (As amended re $80,000 cash payment) AYES: MEMBERS: Breiner, Frugoli, Jensen, Miskimen & Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None RESOLUTION NO. 6309 - DETERMINING AGENCY COMPLIANCE WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE TO ROLAND A. BACCI ET AL AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None EA M. LEUNGINI, City C er Agency Secretary APPROVED THIS 0: DAY OF , 1982 --LAWRENCE E. MULRYAN, Mayor/AgefFcy Chairman *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, June 7, 1982, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney 1. SAN RAFAEL CENTENNIAL YOUTH COMMUNITY SERVICE AWARDS - File 104-1 Rex Silvernale, on behalf of the San Rafael Centennial Commitee, presented this year's service award to Lynne Gordon, for her many volunteer activities in the community. Kevin Kelly and Karen Richmond received dupicate runner-up awards. Other students, who were awarded certifi- cates, were: Kris Barthel, Max Beckwith, Laura Chalstrom, Leslie Flax, Greg Krieger, Katherine Long, Robert W. Mertz, Robert Read, and Susan Shook. CONSENT CALENDAR Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 2. Approval of Minutes of Regular Meet- ing of May 17, and Special Meeting of June 1, 1982 (CC) 3. Change of Meeting Date to Tuesday, July 6, 1982, Due to Holiday (CC) - File 9-1 Recommended Action Approved as Submitted. Approved staff recommendation to hold meeting on Tuesday, July 6, 1982. 4. Claims for Damages: a. James A. & Kathleen R. Holiday (PW) - File 3-1-631 b. Dr. George & Susanne Reiss (PW) FIIe 3-1-635 c. John P. Guenza, Jr. (PW) - File 3-1-649 d. Euell & Beverly A. Winton (PW) - File 3-1-653 e. Furman K. & Jeaneen C. Stanley (PW) - File 3-1-658 f. Ali Ghadiri (PW) - File 3-1-678 g. Ben G. Parsons (PW) - File 3-1-680 h. Jean S. Glantz (FD) - File 3-1-685 i. Nike Mehas (PD) - File 3-1-687 5. Agreement to Defer Required Improve- ments - 637 Lindaro St., AP 13-061-03 (PW) - FIIe 4-10-163 6. Grant of Storm Drain Easement - Reese Marin (PW) - File 2-4-6 7. Approval of Parcel Map - Burger King Development, 969 Francisco Blvd. East (PW) - File 5-1-276 8. Resolution Authorizing Mayor to Execute Agreement for 90 Day Extension - Herzstein Trust Property (Holiday Magic) (CA) - File 5-1-278 9. Acceptance of Gift from Lions Club (Lib) - File 105 x 9-3-61 10. Selection of Sleezer & Eckhoff for the 1981/82 Audit (Fin) - File 8-1 11. Continuation of Citizens' Advisory Comminttee on Energy (PW) - File 9-2-34 12. Resolution of Appreciation for Park and Recreation Commissioner William A. Love (Red - File 9-2-4 x 102 13. Report on Administrative Public Hearing re Federal Revenue Sharing Funds (Fin) - File 8-9 109 Approved R. L. Kautz & Co. recommendations for denial of claims. RESOLUTION NO. 6310 - AUTHORIZING EXECUTION OF AN AGREEMENT TO DEFER REQUIRED IMPROVEMENTS AT 637 LINDARO STREET (W/RABL, Owner) RESOLUTION NO. 6311 - ACCEPTING GRANT OF STORM SEWER EASEMENT AT 47 JEWELL STREET FROM REESE AND KATHERINE MARIN RESOLUTION NO. 6312 - APPROVING PARCEL MAP FOR LANDS OF THE GREATER WEST COMPANY (BURGER KING RESTAUR- ANT, 969 FRANCISCO BLVD. EAST) RESOLUTION NO. 6313 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Herzstein Trust) (Lands of Holiday Magic) - Mutual Agreement to Extend Time Limits for Project Processing (Ninety -day mutual extension) RESOLUTION NO. 6314 - ACCEPTING GIFT OF MONEY FROM THE SAN RAFAEL LIONS CLUB TO PURCHASE VISUALTEK READER FOR THE LIBRARY ($2,250.70) Approved staff recommendation to authorize Sleezer & Eckhoff to proceed with the 1981/82 audit, for a total of $18,900. Approved staff recommendation to reappoint the five current members of the Committee for an additional term, until June 30, 1983. RESOLUTION NO. 6315 - RESOLUTION OF APPRECIATION (To William A. Love, Park & Recreation Commissioner for eight years) Accepted report re hearing held May 19, 1982, with no public input. Second public hearing, required by Federal law, set for Tuesday, June 29, 1982 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. APPROVAL OF FINAL MAP AND EXECUTION OF AGREEMENT FOR OPEN SPACE MITIGATION MEADOWMEASURES - A - FIle 5-1-275 Councilmember Breiner asked that this item be removed from the Consent Calender for discussion of the staff's suggested qualifications and priorities for the lottery for the below market rate units. Phase I of Meadow Oaks includes 26 of the eventual 98 market rate townhouse lots. In all, there will be 12 below market rate units in the development. 110 After discussion of the suggested criteria regarding the lottery, it was agreed that the staff's recommendations be approved, with the exception that only six City of San Rafael employees would be allowed units, and, at the request of Councilmember Breiner, that the word "Principal" be removed from Initial qualification 3) Applicants may own no other principal residence. Councilmember Breiner then moved and Councilmember Miskimen seconded, to approve the final map for Meadow Oaks Unit 1 and the supplemental agreements; and adopt the below market rate applicant qualifications and lottery priorities specified: Initial qualifications: 1) The applicant must meet the specified income requirements; 2) Gross assets of the applicant may not exceed 75% of the sales price of the unit; 3) Applicants may own no other residence; and 4) Applicants must have a household size of at least three or must be a single parent and child. Priorities for the lottery are: 1) First Priority: Persons working full time for the City of San Rafael; however, no more than six would be allowed units; 2) Second Priority: Persons living or working full time in San Rafael; 3) Third Priority: Persons living or working full time in Marin County; and 4) Fourth Priority: All others. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMEBRS: None 15. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION RE ED81-92, ENLARGEMENT AND REMODEL- ING OF E ISTING BANK OF MARIN FAC IT FOURTH STREET; BAN OF MAMIF, OWNER, BRYAN McCARTHY MAE LACOURSE, REPS.; AP 11-245-26 P - File 10 - Mayor Mulryan declared the public hearing opened. There being no public input, the public hearing was closed. Planning Director Moore informed the Council that the applicant has dropped the appeal. In response to Councilmember Breiner's concern about eventual widening of the street at that intersection, Public Works Director Bernardi informed the Council that the City already has the right-of-way, and the extension of the Fourth Street Beautification program will partially address that concern for the immediate future. 16. PUBLIC HEARING - CONTINUATION OF PRE -ABATEMENT PUBLIC HEARING RE ALLEGED ILLEGAL CARPORT AT 229 HUMBOLT STREET P - File 3-3-34 Mayor Mulryan declared the public hearing opened. Council was briefed by Planning Director Moore, who stated that a carport was constructed within the required front yard setback, without the owner first applying for a variance or building permit. The structure was posted with a "Stop Work" order; however, the owner continued to complete the carport. He has not abated it as ordered. Billy J. Taylor, owner, informed the Council that he had applied for a permit before he built the carport, and the staff did not like his plans, but he went ahead and built the carport. He stated that the structure is fifteen feet from the sidewalk, and has planter boxes in the front. Access is not restricted so it can be walked through. There being no further public input the hearing was closed. After discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the staff recommendation and directed preparation pf a resolution declaring a public nuisance and ordering abatement within a specified time; the resolution to be adopted at the June 21st Council meeting. Meanwhile, property owner to deal with staff regarding obtaining variance and permits. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PUBLIC HEARING - PRE -ABATEMENT PUBLIC HEARING RE ALLEGED ILLEGAL FOUR LIVING UNIT DWELLING LOCATED IN A MORE RESTRICTIVE R- -B-D -N ZONED DISTRICT; D ST., A 12-152-06 -Fi 3-3-30 Mulryan declared the public hearing opened. Council noted a letter from Sanford Jay Rosen, attorney for the owners of the property in question, asking that the hearing be continued to August, since he will be out of the country. Council agreed to continue the public hearing to August 16, 1982. 18. PUBLIC HEARING - PRE -ABATEMENT PUBLIC HEARING RE ALLEGED ILLEGAL FOUR LIVING UNIT DWELLING LOCATED IN A MORE RESTRICTIVE- -B- -N) ZONED DISTRICT;- - P - File -3-30 Mayor Mulryan declared the public hearing opened. Council noted attorney Rosen's letter, and agreed to continue the public hearing to August 16, 1982. ill 19. PUBLIC HEARING - PRE -ABATEMENT PUBLIC HEARING RE ALLEGED ILLEGAL THREE LIVING UNIT DWELLING LOCATED A MORE RESTRICTIVE --B-- - Z .,- P 1 F T —e-3---7 -30 Mayor Mulryan declared the public hearing opened. Council noted attorney Rosen's letter, and agreed to continue the public hearing to August 16, 1982. PERSONS WISHING TO ADDRESS COUNCIL: - File 8-5 Mrs. Gale Fisher informed the Council that The Group would like to have the Council Chambers for a public meeting on Wednesday, June 23, 1982, from 9:00 AM to noon, to study and discuss the 1982/83 budget. Mayor Mulryan expressed the opinion that the idea is good, but he would hesitate having staff make presentations on the budget before they have a chance to present it to the Council. Mrs. Fisher asked that staff be available if possible. Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the use of the Council Chambers at the date and time specified, with staff available if possible. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. CONSIDERATION OF LATE APPEAL FROM CENTRAL MARIN SANITATION AGENCY RE ODOR EASEMENT CONDITIONS OF USE PERMI - FIle - Council reviewed a staff report from Planning Director Moore regarding the Central Marin Sanitation Agency's request for a late appeal, consideration of a Planning Commission use permit condition for the new consolidated plant at the end of Anderson Drive. Condition (x) of UP81-62 requires that "Prior to issuance of building permits, submittal of proof shall be made to the Planning Department that the twenty-five acre parcel south of the subject property to the ridgeline has been secured as an open space/odor/noise easement". The CMSA staff has advised that they do not believe it desirable to secure the easement at this time, and have requested that Condition (x) be postponed until the treatment plant is operational. This condition is not a requirement of any other funding or authorizing agency involved in this project. Joseph Remley, General Manager of the CMSA, informed the Council that the final EIR did not include this requirement, and that the plant is designed to fill all clean air requirements. He stated that he is not attempting to get away from City requirements, but would like to delay this requirement until it is proven that it is needed. He pointed out that the hillside in question is subject to slides. Mayor Mulryan pointed out that it is difficult to determine about odor before the plant is in operation. Councilmember Jensen inquired if condemnation action was filed on the twenty-five acre parcel. Mr. Remley responded that about two years ago Sanitary District One filed condemnation, but this was amended and later dropped. Attorney Burton Goldstein, representing Said Mokhtarzadah, owner of the property in question, expressed the opinion that there should be no such thing as a late appeal on this matter, that it is much too late. Councilmember Jensen moved and Councilmember Frugoli seconded, that the late appeal be denied. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Jensen left meeting) 21. PRESENTATION OF MANAGEMENT COMPENSATION STUDY (CM) - File 4-3-85 Council noted the report, and agreed to hold further discussion at the budget session. 22. FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT (PW) - File 6-34 Council reviewed a staff report from Public Works Director Bernardi, which briefed the required proceedings in connection with the assessment district. Included was a letter from Wulff, Hansen & Co., offering to purchase all, but not less than all, bonds to be issued by the City of San Rafael according to the Improvement Bond Act of 1915 of the State of California. Coupon rates are 11% from 1983/95, and 8% from 1996/97. Term, fifteen years. RESOLUTION NO 6317 - RESOLUTION ORDERING SALE OF BONDS Francisco Boulevard East Assessment District (Accepting offer of Wulff, Hansen & Co.) 112 AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen RESOLUTION NO. 6318 - RESOLUTION AWARDING CONTRACT Francisco Boulevard East Assessment District (To the Quico Corporation, lowest responsible bidder @ $470,270.13) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen Council approved, without motion, the Notice of Award of Contract. (Councilmember Jensen returned) 23. SPACE UTILIZATION STUDY OF POLICE AND FIRE DEPARTMENTS - COMMENTS FROM POLICE AND FIRE COMMIS- SIONS CM - File 4-10-146 x 9- - x 9- - Council reviewed a staff report from City Manager Beyer, recommending that the report be taken under consideration and further discussed within the context of the Capitol Improvement Program budget. Fire Commissioners Elbing and Fye addressed the Council regarding the need for improvements in Station No.1, while recognizing that the ideal solution would be a new facility in the future. Councilmember Miskimen stated that, since he and Councilmember Jensen had met with the Fire Commission and inspected Station No.1, they are well aware of the conditions existing in the building. Council agreed to notify the Fire Commission about the date the subject will be discussed during the budget sessions. The Police Department's space needs will also be taken up at the budget hearings. (Councilmember Miskimen left meeting) 24. AWARD OF CONTRACT - ELM LEAF BEETLE SPRAYING - 1982 (PW) - File 4-1-316 x 9-3-40 Council reviewed a staff report recommending that the contract for the elm leaf beetle spray- ing be awarded to Sohner Tree Service for the crew hourly rate of $185, with funding from Public Works reserves ($4,200) and the remainder from the City's unallocated reserves. RESOLUTION NO. 6319 - RESOLUTION OF AWARD OF CONTRACT - (Elm Leaf Beetle Spraying - 1982, to Sohner Tree Service at a Crew Hourly Rate of $185) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen Prior to starting work the work, the Parks Superintendent will place a public notice in the newspapers, and will have a notice personally delivered to all affected residents. 25. STATUS REPORT ON ABATEMENT NOTICES RE STORM DAMAGE TO PRIVATE PROPERTY (PW) - FIle 8-9 x 20 Council accepted a report from Public Works Director Bernardi; no action. 26. RESOLUTION RE ABATEMENT OF PUBLIC NUISANCE (ABANDONED HOUSE) LOCATED AT 11 LINDENWOOD COURT P - Fil-e-3-3-33 Contract Attorney Bullard informed the Council that, since he prepared a Resolution ordering abatement of a public nuisance at 11 Lindenwood Court, the owner Mr. Ali Ghadiri, has obtained a loan from the Small Business Administration (SBA). For this reason, the proposed Resolution should be modified to give specific abatement measure and time frame. RESOLUTION NO. 6321 - ORDERING ABATEMENT OF PUBLIC NUISANCE (11 Lindenwood Court) (As amended) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 27. REVIEW OF MOBILE HOME PARK ADVISORY COMMITTEE (CM) - File 9-2-29 Councilmember Jensen moved and Councilmember Frugoli seconded, that the Mobile Home Park Advisory Committee be continued for another year, to June 1983, with no change in the member- ship. AYES: COUNCILMEMBERS: Breiner. Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 28. FINAL ADOPTION - ORDINANCE NO. 1430 - 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 O RTY FROM R-2 A A AND UNCLASSIFIED) DIS R CT TO P -D (PLANNED DEVELOPMENT) DISTR C Fifth Ave. - Rotory anor P1 - File 10-3 x R-144 CHARTER ORDINANCE NO. 1430 - 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 R-2 and "U" (Duplex Residential and Unclassified ) Districts to P -D (Planned Development) District (1821 Fifth Avenue - Rotary Manor) was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMEBRS: None ABSENT: COUNCILMEMBERS: Miskimen 29. FINAL ADOPTION - ORDINANCE NO. 1431 - PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY City Parking Lot, Third A Streets RA) - File 2-1-20 x R-38— CHARTER ORDINANCE NO. 1431 - Providing for the Sale and Conveyance of Public Real Property to the San Rafael Redevelopment Agency (City Parking Lot, Third and "A" Streets) was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: Miskimen (Councilmember Miskimen returned during discussion) 30. ACCEPTANCE OF ST. FRANCIS LANE (PW) - File 2-2 (Councilmember Breiner left due to conflict of interest) Council considered a staff report indicating that on June 1, 1981 the Council accepted a portion of St. Francis Lane right-of-way known as Parcel C. The remaining portion was not accepted because of certain minor improvements which were yet to be completed; namely, street resurfacing and minor drainage work. The Council indicated it would accept the remaining portion of St. Francis Lane upon satisfactory completion of these items. The work was satis- factorily completed in August of 1981, and staff is recommending that the Council adopt a proposed resolution accepting the grant deed of St. Francis Lane shown as Parcel D on the map which was provided. Councilmember Jensen objected to the acceptance, indicating that the street and sewers are not up to City specifications and that cars cannot be parked legally because of the narrow width. He stated that the acceptance would be of no benefit to the City. Public Works Director Bernardi cited his staff report, indicating that the City is not accept- ing any sewer lines under this grant for right-of-way. Councilmember Frugoli stated he felt if the acceptance was done in this case it would have to be done for all. Mr. Bernardi informed Councilmember Frugoli that Parcel A is already main- tained by the City, so this is a unique case. Superior Court Judge Richard Breiner, one of the St. Francis Lane residents, called the Council's attention to the fact that the Planning Commission had required acceptance of Parcel C in 1981, and that the council at that time had indicated that if the residents performed certain work with regard to Parcel D it would also be accepted. Councilmember Miskimen agreed that the residents of St. Francis Lane have done what they were asked to do, and moved adoption of the resolution accepting conveyance of the St. Francis Lane right-of-way, and the grant deed for Parcel D. Councilmember Frugoli seconded the motion. AYES: COUNCILMEMBERS: Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMEBRS: Breiner The motiom failed. City Attorney Duggan informed the Council that the decision was made in 1981, and the accept- ance becomes ministerial, since the conditions have been met. Mayor Mulryan remarked that if the City does not approve the acceptance of Parcel D they could be forced to do so legally. 114 31. PROPOSED FINANCING OF NEW TELEPHONE SYSTEM (Fin) - File 4-3-92 x 4-3-88 FInance Director Coleman briefed the Council on financing the new telephone system over a five-year period. After soliciting proposals the most favorable was from Bank of Marin at 12 1/2%, with the stipulation that the loan can be paid off at any time without a pre -payment penalty. Mr. Coleman recommended that if interest rates are much lower twelve months from now the loan could be paid off at that time. Loan is $175,000. RESOLUTION NO. 6320 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Bank of Marin for a five-year $175,000 loan at 12 1/2%) AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMEBRS: Breiner 32. AWARD OF CONTRACT - ALBERT PARK DEMOLITION AND CLEARING (PW) - File 4-1-315 RESOLUTION NO. 6322 - RESOLUTION OF AWARD OF CONTRACT (Albert Park Demolition and Clearing, 1982, Project No. 01-609898 - To Jack Barnes Co., low bidder at $23,592.60) AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 33. PRESENTATION OF: a. 1982/83 PROPOSED BUDGET FOR CITY OF SAN RAFAEL; b. PROPOSED THREE-YEAR CAPITOL M OEE BDG - C -Fi e 9--T- City Manager Beyer presented the proposed budget for 1982/83, and the proposed Three-year Capitol Improvement Budget for 1982/85. He remarked that the budget could easily be less if the City loses the cigarette tax. There will be a legislative conference in Sacramento on June 14 and 15th, and letters have been sent to Senator Keene and Assemblyman Filante asking their cooperation in pleading the City's case. Copies of the letters are to be furnished to the Council. Council will follow with personal contacts. Council accepted the proposed budgets, and directed that the Capitol Improvement Budget be sent to the Planning and Park & Recreation commissions for review prior to the budget hearings which have been set for June 28th and 29th, extending to June 30th if necessary. (Councilmember Breiner returned; Mayor Mulryan left meeting) 34. CONSIDERATION OF LOT MERGER OF TWO UNDEVELOPED PARCELS; 45 AND 75 UPPER FREMONT DRIVE (AP 12-041-23 AND 12-045-11); A OWNER; INITIATED BY CITY OF SANRAFAEL (PIT-- File P - Fi e 5-1-277 Planning Director Moore informed the Council that the applicant owns two substandard parcels on Upper Fremont Drive which are subject to the City's lot merger ordinance even though they are separated by a street right-of-way. Pursuant to the Council's direction on the 347 Prospect Drive application that substandard lots could be individually considered this appli- cant developed topographic data and a schematic design showing that the properties can be developed in accordance with the City's zoning requirements. Staff is recommending that Conditional Certificates of Compliance on each of the parcels be recorded, after receipt of acceptable soils reports. Councilmember Frugoli moved and Councilmember Miskimen seconded, to approve staff recommen- dation to record Conditional Certificates of Compliance on each of the parcels after receipt of acceptable soils reports. Under question, Miss Nellie Foley, whose property is below one of the lots in question, expressed concern about possibility of slides if the property is built upon. She pointed out that it is a very steep hill and there have been slides there. Acting Mayor Jensen assured her that there would be soils reports and geological reports before the property could be used, and that if there is anything wrong they would not be able to use it. Public Works Direcor Bernardi stated that as part of the application for a building permit the individual who owns the lot would submit a soils report prepared by a registered civil engineer; that soils report is reviewed by the City's Geotechnical Review Board which is another group of soils engineers, to make sure that all of the points have been covered with regard to the site as far as stability is concerned. AYES: COUNCILMEMEBRS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 35. PARAMEDIC AGREEMENTS BETWEEN CITY OF SAN RAFAEL AND CSA 13 AND 19, AND MARINWOOD CSD (FD) - FIle 4-13-56 Fire Chief Marcucci informed the Council that the $12 per year per dwelling is not paying for the service. Council agreed to agendize the item for the July 6, 1982 meeting, for further discussion. 36. AGREEMENT BETWEEN COUNTY OF MARIN AND CITY OF SAN RAFAEL RE FIRE ROAD GRADING (FD) - File Council reviewed a staff report recommending the City enter into an Agreement with County of Marin regarding fire road policies. The proposed agreement, which was approved by Marin County Counsel, covers the maintenance of fire roads by the Marin County Fire Department, and also the grading to repair winter slides. The proposed agreement includes indemnity provisions for the County. Councilmember Frugoli moved and Councilmember Miskimen seconded, to adopt a resolution authoriz- ing the signing of the proposed agreement. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Acting Mayor Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan Mayor Mulryan returned immediately after the vote was taken, and informed the Council that in his opinion the term used by the County Counsel "gratuitous acts" is not proper, since the City is a tax -paying entity. Mayor Mulryan also questioned the indemnity clause, and recom- mended to the Council that they rescind their action taken when he was out of the room. Councilmember Jensen moved and Councilmember Miskimen seconded, to void the action just taken with regard to signing of the proposed Agreement. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council then agreed to continue discussion of the item to the July 6th meeting, and meanwhile ask the Contract Attorney to work on revision of the indemnity portion of the Agreement. 37. ABANDONMENT AND RECONVEYANCE OF EASEMENT TO HERZOG RE PARKING STRUCTURE AT THIRD AND "A" STREETS RA - File 2-5 x R-195 Council reviewed a staff report indicating that when the parking lot between "A" and "B" Streets at Third Street was designed Public Works obtained, at no cost, an easement over the Southeasterly corner of the S. K. Herzog property which fronts at 924 "B" Street. Now that a parking structure is being constructed, Mr. Herzog is requesting a reconveyance of that easement as part of an exchange of other easements. To do this the City must adopt a reso- lution for summary vacation and abandonment; and an Ordinance to reconvey title back to S. K. Herzog and Co. must be passed to print and later adopted. RESOLUTION NO. 6323 - VACATING A PUBLIC SERVICE EASEMENT PURSUANT TO SUMMARY VACATION AND ABANDONMENT PROCEDURE (SE Corner, 924 "B" Street) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None An Ordinance of the City of San Rafael, Providing for the Conveyance of an Interest in Real Property - Herzog (SE Corner, 924 "B" Street), and numbering Charter Ordinance No. 1432, was read, introduced, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMEBRS: None ABSENT: COUNCILMEMBERS: None 38. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Council reviewed a report on current legislation, prepared by Assistant to the City Manager Nicolai. After discussion Councilmember Breiner moved and Councilmember Jensen seconded, to approve the staff recommendation and support: AB3795 (Feland) Partial Use Permits on Residential Care Homes; AB2706 (Sebastiani) Parking Citations; SB1711 (Holmdahl) Transportaiton Bill; and SB2001 (Mello) Benefit Assessments for Police, Fire Facilities and Services. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 116 Mayor Mulryan remarked that there is a pending Bill by Assemblyman Bruce Young, for which he does not have the number, regarding Cable T.V., which removes local control almost entirely. Mayor Mulryan asked that staff be on the alert for that Bill, so the City can oppose it. Councilmember Frugoli then moved and Councilmember Jensen seconded, to approve the staff recommendation and oppose the following legislation: SB1785 & 1786 (Foran) Limit Parkland Dedication; SB53 (Montoya) Special Bill for One Developer; AB1353 (Papan) Preemption of City Control of Billboards; and AB3011 (Torres) Cancer Presumption. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner then moved and Councilmember Frugoli seconded, to adopt the Marin County Council of Mayors and Councilmembers recommendation and send a letter supporting the MCCMC position on AB95 (Brown-Filante) regarding operations of the Golden Gate Bridge & Transpor- tation District. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 39. DEVELOMENT OF CADRE OF VOLUNTEER WORKERS FOR THE CITY - FIle 9-1 Council considered a staff report prepared by Assistant to the City Manager Barbier, prepared at the request of Mayor Mulryan, which outlined the volunteer programs conducted within the various departments, principally Recreation, Police and Fire. Nayor Mulryan asked that staff prepare a suggested volunteer program for the City and submit it for approval when it has been completed. 40. REQUEST TO REVIEW FINES FOR PARKING CITATIONS - File 9-10-2 Council reviewed a staff report which had been requested by Councilmember Breiner, regarding the recent increase of $2.00 in parking citations from $5.00 to $7.00 caused by the adoption of a new state law which became effective January 1, 1982. The law requires the County Board of Supervisors to add a surcharge of at least $1.50 to each fine or forfeiture collected for a parking offense. The Marin County Board of Supervisors adopted a resolution raising the fines and forfeitures $2.00 under this provision. The report further states that if the fines were reduced to $5.00 there would be an annual loss to the City of approximately $76,000. Council agreed that the matter should be discussed with the Board of Supervisors to attempt to reduce the fine by at least 50c, Councilmember Breiner then asked for a report at the June 21st meeting on the utilization of the City parking lots, since there seems to be a lack of usage although all spaces are paid for. 41. COMMUNICATION FROM STUDENTS OF MADRONE HIGH SCHOOL RE NUCEAR FREEZE - File 9-1 Councilmember Breiner informed the Council that students at Madrone High School had asked for Council support to resist a mass evacuation plan in event of nuclear war. Council discussed this, and Councilmember Miskimen indicated he was in favor of an orderly evacuation. No determination was made, and no vote was taken. Councilmember Breiner then asked the Council to support the initiative coming up on the November 1982 ballot which proposes a halt to all nuclear testing, production and further deployment of nuclear weapons. ADD ITEM TOW -AWAY ZONE ON SAN PEDRO ROAD AT McNEAR'S BEACH PARK - File 11-8 Police Chief Ingwersen informed the Council that there have been continuing problems with vehicles and patrons using McNear's Beach Park, and it was determined to add tow -away provi- sions to the existing "No Parking at Any Time" regulations on San Pedro Road in the vicinity of the park. RESOLUTION NO. 6324 - DESIGNATING A PORTION OF SAN PEDRO ROAD (RIVIERA TO BISCAYNE DRIVE) AS A POSTED TOW -AWAY ZONE AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 117 CLOSED SESSION The City Council adjourned to Closed Session to discuss pending litigation and labor negotiations. ANNE M. LEONC INI`, City Clerk APPROVED THIS 6 DAY OF , 1982 (7 , V e—MTUO�ROF�THE CIT OF SAN FAEL *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Wednesday June 16, 1982 at 5:30 PM. Special Meeting: Also Present: Robert F. Beyer, City Manager CLOSED SESSION Present: Lawrence E. Mulryan, Mayor Dorothy 1. Breiner, Concilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember RE: DISCUSSION OF LABOR NEGOTIATIONS - File 7-1 The City Council met in closed session to discuss labor negotiations. No action was taken. Council adjourned to their next regular meeting on Monday, June 21, 1982 r R R - ty Manager v APPROVED THIS DAY OF 1982 MA ��R OF Tom! E 0 AFA SAR *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, June 21, 1982 at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: 118 Item 1. Approval of Minutes of Special Joint Meeting of June 7, 1982 (CC) 2. Award of Contract - Storm Damage Repair (Miscellaneous Asphalt Patching) (PW) - File 4-1-317 3. Award of Contract - Storm Damage Repair (Lincoln Ave. Pavement Repair) (PW) - File 4-1-318 4. Approval of Urban Thoroughfare Program (PW) - File 4-13-8 (Traffic Signal Imp. of 2nd, 3rd-NIrwin Sts.; Phase 2, Inst. of Mast Arms) 5. Spinnaker Point File 5-1-279 a. ApprovaT of b. Acceptance Wetlands Unit 4 (PW) - Final Map of Conveyance of 6. Resolution of Support for July 18th Richmond -San Rafael Bridge Run, Sponsored by College of Personology (CM) - File 172 7. Resolution re Abatement of Illegal Carport, 229 Humboldt Street (CA) - File 3-3-34 8. Resolution of Appreciation to Police Officers on Departure from City: (PD) File 102 x 9-3-30 a. Michael P. Costello b. David H. Jones 9. Claims for Damages: a. Steven T. Sagar (PW) - File 3-1-640 b. Fred & Dorothy LaRock (PW - File 3-1-641 c. David B. & Cheryl S. Paynter (PW) - File 3-1-644 d. Erma Bri gett (PW) - File 3-1-654 e. Ruth & Paul Abramovitz PW - File 3-1-655 f. Francoise rouza (PW) - File 3-1-662 g. Ira Durant & James DuFault (PW) - File 3-1-666 h. Bok Reit e—(PW) - File 3-1-669 i. Gloria Bowers (PW) - File 3-1-775 j. Anne M. Arrington (PW) - File 3--T-676 k. Jay Davis Egger (PW) - File 3-1-67/ 1. - - 1. Edward T. Wishovich (PW) - Me 3--T-681 m. Joseph L. DePatta (PW) - File 3-1-682 n. - - n. William & Linda Ball (PW) - File 3-17-684 o. William E. Cassady (PD) - Fi e 3-1-69b 10. Report re Contract with California Highway Patrol re Abandoned Vehicles (P1) - File 4-8-16 Recommended Action Approved as Submitted. RESOLUTION NO. 6325 - RESOLUTION OF AWARD OF CONTRACT (to Whitmire & Sons, low bidder, $13,858) RESOLUTION NO. 6326 - RESOLUTION OF AWARD OF CONTRACT (To Ghilotti Brothers, Inc., low bidder, $12,990) RESOLUTION NO. 6327 - REQUESTING ALLOCATION OF URBAN THOROUGHFARE FUNDS FOR 1982/83 (Committing $25,000 as City's matching share of project funds. RESOLUTION NO. 6328 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED "SPINNAKER POINT UNIT 4" RESOLUTION NO. 6329 - ACCEPTING CONVEYANCE OF REAL PROPERTY OF WETLANDS OPEN SPACE - SPINNAKER POINT DEVELOPMENT (4 Parcels) REOLUTION NO. 6330 - EXPRESSING SUPPORT FOR THE RICHMOND -SAN RAFAEL BRIDGE RUN SPONSORED BY THE COLLEGE OF PERSONOLOGY RESOLUTION NO. 6331 - ORDER ABATEMENT OF PUBLIC NUISANCE (Carport, 229 Humboldt Street) RESOLUTION NO. 6332 - RESOLUTION OF APPRECIATION (Sgt. Michael P. Costello - 13 years' service) RESOLUTION NO. 6333 - RESOLUTION OF APPRECIATION (Sgt. David H. Jones - 19 years' service) Approved R. L. Kautz & Co. recommendations for denial of claims. Accepted report that State Abandoned Vehicle Abatement Program is being discontinued as of June 30, 1982. 119 11. Request for Council Approval: (Red - File 8-21 a. Acceptance of Project REC Funds for Recreation Equipment for Pickleweed Park. b. Establishment of Special Trust Fund for Project REC Fund 12. Consideration of Lot Merger of Two Parcels, AP 11-141-12 and 58; 37 La Vista Way; David P. Gregoire, Owner; Initiated by City of San Rafael (P1) - File 10-2 14. Setting Date for Interviews for Vacancy on Park and Recreation Commission (CC) - Fila 9-2-6 RESOLUTION NO. 6334 - APPROVING THE ACCEPTANCE OF THE PROJECT REC FUNDS (Approx. $6,000) RESOLUTION NO. 6335 - REGARDING CONDITIONS OF AND EXPENDITURES FROM THE PICKLEWEED PARK TRUST FUND RESOLUTION NO. 6336 - DIRECTING STAFF TO FILE A NOTICE OF MERGER ON CERTAIN REAL PROPERTY AT 37 LA VISTA WAY (AP 11-141-12 and 11-141-58) Set interviews for 7:15 PM, July 6, 1982. 15. Resolution Declaring July 5 through RESOLUTION NO. 6338 - DECLARING July 11 as National Girls' -14 Tennis JULY 5 THROUGH JULY 11 AS NATIONAL Championships Week (RA) - File 104 GIRLS' -14 TENNIS CHAMPIONSHIPS WEEK AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. AGREEMENT WITH SAN FRANCISCO FOUNDATION FOR 10% ELIGIBLE COSTS OF FEMA GRANTS FOR STORM AMAG M- FIle- x Mayor Mulryan inquired about further Federal funding, since only $631,770 has been allocated to date. Council agreed that they should get involved, and contact legislators for assistance in obtaining more funds. The staff report on this item indicated that the grant of 10% eligible funds from the San Francisco Foundation would amount to $63,177. RESOLUTION NO. 6337 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/San Francisco Foundation for 10% Eligible Costs of FEMA Grants for Storm Damage) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. REVIEW OF COUNCIL ACTION RE JULY 11, 1982 THIRD ANNUAL TOWN PICNIC AND PARADE - File 11-22 Councilmember Miskimen informed the Council that although they thought they were being helpful in taking the position that political candidates should be allowed to participate in the Town Picnic and Parade, he has found that the Kiwanis and Native Sons did not plan on having candidates in the parade. Rich Ronsheimer, President of Mt. Tamalpais Parlor #64, Native Sons of the Golden West, informed the Council that their decision had been to allow no political candidates in the parade this year, but that they could reconsider their position next year. Councilmember Jensen moved and Councilmember Frugoli seconded, that no political candidates would be in the parade this year, in accordance with the policy set by Kiwanis/Native Sons. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. FRANCISCO BOULEVARD EAST ASSESSMENT DISTRICT (PW) - File 6-34 a. Paid and Unpaid List Council discussed and then approved, without motion, the list of unpaid assessments. b. Resolution Determining Assessments Remaining Unpaid RESOLUTION NO. 6339 - DETERMINING ASSESSMENTS REMAINING UNPAID Francisco Boulevard East Assessment District AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 120 c. Resolution Approving Agreement with Bank of America NT&SA RESOLUTION NO. 6340 - RESOLUTION APPROVING AGREEMENT WITH BANK OF AMERICA NATIONAL TRUST & SAVING ASSN. (To act as Agent to pay and register the designated Improvement Bonds, Principal amount $ 75,965.10) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PRESENTATION OF EAST SAN RAFAEL WETLANDS MITIGATION PLAN (P1) - File 140 x R-201 Council reviewed the Planning Commission's comments and recomendations regarding the Plan, and were informed by staff that the Park and Recreation Commission were to Review the Plan on June 17th and will be forwarding their comments and recommendations to the Council. Council then heard from representatives of various conservation groups, who expressed their concurrence with the Plan. Planning Director Moore gave a recap of the Plan, and pointed out the Planning Commission's recommendations, listed as A through E. Councilmember Jensen moved and Councilmember Frugoli seconded, to approve recommendations A through E: A) Approve the Consensus Alternative and companion Negative Declaration as the Wetlands Mitigation Plan for selected properties in East San Rafael; B) Direct staff to submit appropriate applications for U.S. Army Corps of Engineers and BCDC approvals of the Plan; C) Authorize allocation of up to a maximum $200,000 of City open space funds for Plan implementation; D) Petition the Marin County Open Space District for matching funds for Plan implementation; and E) Ask the Marin County Parks and Open Space Foundation to assist the City in requesting San Francisco Foundation (Buck Fund) funds for Plan implementation. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH CANAL COMMUNITY ALLIANCE RE USAGE OF PICKLEWEED PARK COMMUNITY C ec - File -- Mayor Mulryan inquired if the Council would be approving the size of the Pickleweed Park Community Center by approving the MOU for the Canal Community Alliance's use of specific rooms and areas. Recreation Director Jauch replied that approval is being requested only for the use of the building, and has no bearing on the final size of the structure. If the plans are revised, the CCA would have to see what spaces were available. Mayor Mulryan asked about the Community Policy Board, and Mr. Jauch informed him that the board would make recommendations to the Park and Recreation Commission on programs, activities and policies. The Park and Recreation Commission would then make recommendations to the Council, who would make the final decisions. Councilmember Breiner inquired about the use of the kitchen, since that could be a problem between the Alliance and people who reserve the Center for functions. Mr. Jauch stated that this MOU is fairly general, and there will be an addendum which will have specifics, so those details can be worked out. The following changes were then suggested by Councilmember Breiner: Page 1, second paragraph, first line, change from "private nonprofit corporation" to " public benefit nonprofit corpor- ation"; page 2, Section 1, third line, "The City shall provide pursuant to established guide- lines"...; page 3, Section 6, first sub -paragraph, insert "to the city's Park and Recreation Commission" after the word "guidelines", and also in the second sub -paragraph the same phrase should be included; page 4, paragraph 7, the possible future dissolution of the CCA should have the word "owned" substituted for the word "used", with the language to make it in accordance with State statutes so that City -owned equipment would not be involved. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the Memorandum of Understanding with the specified revisions. RESOLUTION NO. 6341 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Canal Community Alliance re Use of Pickleweed Park Community Center) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 121 24. CONSIDERATION OF REQUEST BY PG&E TO SUPPORT THEIR RELICENSING EFFORTS OF THE ROCK CREEK/ J. B. Benzon, Manager of the Marin District of PG&E, addressed the Council, seeking support on behalf of PG&E's efforts to relicense the Rock Creek/Cresta and Mokelumne hydro -electric projects. He stated that competing applications have been filed by the Northern California Power Agency, the City of Santa Clara, and five cities in southern California. Mr. Benzon indicated that the above normal snow pack this past winter has enabled PG&E, because of its hydro -electric facilities, to lower rates three times thus far, and if the takeover attempt is successful the result would be soaring PG&E bills. Councilmember Jensen moved and Councilmember Frugoli seconded, to support the PG&E as requested, and to agendize a Resolution of support on the consent calander for the Council meeting July 6, 1982. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. STATUS REPORT ON PROPOSAL FOR AIR RIGHTS FOR HOUSING DEVELOPMENT (CM) - File 207 Council reviewed a staff report by City Manager Beyer, regarding the advisability of granting the air rights over City -owned parking lots for the purpose of building approximately 100 condominiums, with the developer, Dan Gonzales, and the City entering into a Developer Agreement to create tax exempt financing mechanisms. Council discussed the advisability of this action foreclosing any future options for sale or development of any of the properties, and the fact that the future parking needs are unknown at this time. The sites in question are any two of the following City -owned parking lots: 1) Third and "C" Streets; 2) Third Street & Lootens Place; and 3) Third & Cijos Streets. After discussion of the request of Dan Gonzales that the matter be continued so he may discuss the concept further with City Manager Beyer, Council agreed to do so, and set the date of July 6, 1982 for a decision on the project. 21. DISCUSSION OF: (PW) File 11-8 x 11-18 a. Utilization of City Parking Lot at Second and Grand Councilmember Breiner informed the Council that the sign at the parking lot at Second and Grand is misleading, since it says "Commuter Parking Lot" but does not indicate that all spaces are leased from the City. Staff was directed to have a sign installed which will indicate that all spaces in the lot are leased, and giving the telephone number to call for information. Public Works Director Bernardi gave an overview of the parking lot situation at Second and Grand, indicating that since 1978 the lot has been leased by the City from Fotomat, and that all of the 90 spaces are currently rented. The lot is not primarily a commuter parking lot, since many of the renters work in adjacent businesses, but a number of individuals who are on the waiting list for the Viaduct parking lots are renting at Second and Grand as an interim measure. b. Downtown Parking Citations Public Works Directpr Bernardi informed the Council that there has been a decline in citations in both meter and overtime violations as indicated in the report from the Police Department, covering the months of January through May, from 1979 through 1982, in the downtown area. Chalking of tires is to be continued. 22. FINAL ADOPTION - ORDINANCE NO. 1429 - 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, CA11FORRIA, SO AS TO RECLASSIFY CERTAINAPROPERTY-RESTUENTITET DISTRICT 0 P- (PLANNED DEVELOPMENT) DISTRICT (57 Racquet Club rive rove Hi - e 5 -1 - Planning Director Moore informed the Council that the Ordinance must be passed to print again, because in the title it was shown as "R-1 (Single Family Residential) District" instead of "U" (Unclassified) District. She also recapped the field trips by Councilmembers, and stated that several alternatives and modifications had been discussed on the trips. Additionally, the applicant had submitted an alternative for consideration, on June 16th. The new alternative calls for eliminating the two below market rate duplexes, replacing them with two single family units, adding two single family sites to the central cluster, making a total of fifteen single family sites; and dedicating the westerly portion of the site - (approximately 4 acres) to the City to land bank for employee housing. Ms. Moore informed the Council that the project, as recommended by the Planning Commission, is still acceptable to the developer, and that it is consistent with the Neighborhood Plan. Elliot Bien, newly -elected president of the Neighborhood 13 Association, stated that his group is opposed to the new plan, and that they would like to sit down with staff and the developer and come back to the Council in two weeks, hopefully with a mutually agreeable plan. Stanley Ott, representing the San Rafael Housing Corporation, urged that the development go forward without further delay and include the four units of below market rate housing on the site. Mr. Ott recommPndpH nAnn+4nn „P +6- 122 Council agreed that the Neighborhood 13 Association representatives, the developer, and City staff should get together between now and the next Council meeting, and report back to Council at the July 6th meeting. 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" (Unclassified) District to P -D (Planned Development) District (57 Racquet Club Drive "Grove Hill") and numbering Charter Ordinance No. 1429, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. FINAL ADOPTION - ORDINANCE NO. 1432 - PROVIDING FOR THE CONVEYANCE OF AN INTEREST IN REAL PROPERTY - HERZOG (SE Corner, BStreet) - File 2-5 xR-195 CHARTER ORDINANCE NO. 1432 - Providing for the Conveyance of an Interest in Real Property - Herzog (SE Corner, 924 "B" Street), was adopted as an Ordinance of the City of San Rafael by the following vote, to wit AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Jensen left meeting) 24. (Please see page 4) 25. APPLICATION FOR LEASE OF STATE LANDS HELD IN TRUST BY THE CITY OF SAN RAFAEL (RA) File 2-8--2-7- Council - -2 Council reviewed a staff report stating that the Central Marin Sanitation Agency has filed an application with the City for a permit to enter, construct and maintain an 84 -inch diameter outfall conduit for the transport of secondary treated wastewater in a 5,500 foot long by 100 foot wide parcel of State-owned tide and submerged land held in trust by the City of San Rafael. State Lands has informed the City that where the facility is for the public use, benefit, health and safety, a determination may be made to waive the annual rent. Staff recommended that the City adopt a resolution approving the proposed 50 -year lease from 7/1/82 - 6/30/2032). RESOLUTION NO. 6342 - APPROVING A LEASE OF STATE TIDE AND SUBMERGED LANDS TO CENTRAL MARIN SANITATION AGENCY (50- year Lease) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 26. RENEGOTIATION OF CONTRACTUAL LEGAL SERVICES (CA) - File 4-3-86 City Manager Beyer proposed to the Council that the legal services of William T. Bullard, Jr. be continued for another three months at the current rate. The interviewing for the Assistant City Attorney position has been held off, in part, awaiting th outcome of the budget sessions. RESOLUTION NO. 6343 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Wm. T. Bullard, Jr., for Legal Services Commencing July 1, 1982 and Terminating September 30, 1982) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 27. RESOLUTION AMENDING 1981/82 BUDGET (Fin) - FIle 8-5 RESOLUTION NO. 6344 - AMENDING THE 1981/82 BUDGET AND AUTHORIZING THE TRANSFER OF ADDITIONAL MONIES FROM THE GAS TAX FUND (Additional $64,154.67 from Gas Tax Fund to General Fund, to cover storm related expenditures) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 1�3 28. RESOLUTION APPROPRIATING UNAPPROPRIATED REVENUES (Fin) - File 8-5 Council reviewed a staff report from Fianance Director Coleman, indicating that before Proposition 4 any revenues in excess of expenditures would just be added to unappropriated fund balances. Proposition 4 state that all revenues which are not appropriated may have to be refunded. Since it is estimated that the 1981/82 revenues may exceed expenditures, it will be necessary to amend the budget so that the final budget equals the final 1981/82 revenue totals, not just the expenditure totals. RESOLUTION NO. 6345 - APPROPRIATING UNAPPROPRIATED REVENUES AS OF JUNE 30, 1982 AYES: COUNCILMEMBERS: Brei ner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 29. RESOLUTION ADOPTING 1982/83 PROPOSITION 4 LIMIT (Fin) - File 8-5 Finance Director Coleman informed the Council that each fiscal year the City must establish a Proposition 4 Limit. The proposed Resolution establishes the 1982/83 limit at $13,531,630. RESOLUTION NO. 6346 - ESTABLISHING APPROPRIATIONS LIMIT FOR 1982/83 ($13,531,630 for FY 1982/83) AYES: COUNCILMEMBERS: Brei ner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 30. AMENDMENT OF TITLE 10, CHAPTER 10.08, "DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA" TO EXCLUDE BUSINESSES FROM LIABILITY FOR SPECIAL BID ASSESSMENT AND CHANGINn THE 96UNDARIES OF THE DSR CA - File 183 The Business Improvement District (BID) has requested a public hearing on July 6, 1982 for review of an amendatory Ordinance, changing the boundaries of the District and amending the system of assessments. After discussion, Council agreed to hold the public hearing on Monday, July 19, 1982, at which time the proposed Ordinance will be reviewed. All members of the BID, meanwhile, will be notified of the meeting by the BID board. 31. STATUS REPORT ON "MISSION CITY" PATROL CRAFT (PD) - File 9-3-30 x 4-10-72 Police Chief Ingwersen informed the Council that he is researching all avenues for the expeditious replacement of the "Mission City" patrol boat which was detroyed by fire on June 8, 1982. Unfortunately, the boat was insured for only $16,000 while the total cost of replacement will be approximately $40,000 to $45,000. Finance Director Coleman informed the Council that there is $24,000 set aside, plus the $16,000 insurance money. Chief Ingwersen stated that the boating community, knowing the necessity for the patrol boat, has been indicating a desire to help the City secure another boat; that resource, plus the boat operator Mark Hedeen, the Coast Guard, and Captain Gerald Souza of the Police Department, will be of help in securing another craft. The Council asked Chief Ingwersen to pursue the replacement along those lines. 32. ADMINISTRATION OF CITY PARKING CITATIONS (CM) - File 9-3-15 x 9-3-30 Council reviewed a staff report indicating that the Marin Municipal Court has advised all of the cities in the County that as of September 30, 1982, the County will no longer process parking citations. The court handles this function on a semi -manual system, and their backlog has resulted in a revenue loss to the cities. Therefore, the court wishes to relieve itself of this burden and place the responsibility back on issuing agencies. Staff has explored the possibility of having all of the cities form a Joint Powers Authority to go out to bid for a private vendor to do this function, and also considered using the City's Microdata computer in the Police department to process our own citations. This would involve hiring 1-1/2 new employees to operate the program; purchase of a software program for the present Microdata computer to handle the citation administration; puchase of one terminal and one printer to run the program; purchase of a typewriter and desk for the one additional fulltime employee; and purchase of miscellaneous forms and supplies. This would be contingent upon OTS approval, since the Microdata computer was purchased with OTS grant funds. Upon questioning, Police Chief Ingwersen informed the Council that the equipment purchased with State grant monies remains State property and if, at any time, the program was discontinued the State could take the equipment back. 124 Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the staff recommen- dation regarding the City processing its own citations, and, subject to OTS approval, hiring 1-1/2 new employees, purchase of software, one terminal and one printer, and a typewriter and desk plus the miscellaneous forms and supplies. If not approved by OTS, staff is to explore having a Joint Powers Agreement with other cities in the County. AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen CLOSED SESSION Frugoli, Miskimen & Mayor Mulryan 33. The Council met in Closed Session to discuss pending litigation and labor negotiations, then met in open session and agreed to pay $4,965 in settlement of the claim of David C.and Marcia Sperling, File 3-1-632.. The Council adjourned to Monday, June 28, 1982 for the FY 1982/83 budget hearings. APPROVED THIS c1 DAY OF 1982 *** *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Monday, June 28, 1982, at 7:30 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney RE: BUDGET HEARINGS, FY 1982/83 - File 8-5 Mayor Mulryan opened the meeting asking City Manager Beyer to give an overview of this year's budget. Mr. Beyer stated that he is presenting a balanced budget, and that the decision was made to protect Police, Fire and Public Works departments as much as possible, due to the services they perform. Their services should be kept at the current level. The two elements Mr. Beyer stressed were revenue and 'bail-out' funds. He estimated the sales tax, which provides 50% of revenues to the General Fund, will increase 7% or $425,000; property taxes are estimated to increase $305,000, or 15%. Property and sales taxes are the two largest contributors to the General Fund. As for funds forthcoming from the State, there are various measures pending in Sacramento which would impact possible funding, so that is an unknown factor at this time. Mayor Mulryan remarked that the approvals on the various budgets will be only tentative at this time, until the final budget is adopted. City Council budget was unanimously approved, for a total of $38,783. City Attorney budget, for a total of $121,660, was unanimously approved. It was noted that the salary of the Assistant City Attorney was reduced, and the funds for parttime legal assistance were also reduced. Th-eCarty Clerk budget was unanimously approved, for a total of $$88,997, the same figure as the 1982/83 budget. City Manager budget showed one less person, since the Assistant City Manager, Raymond Meador, is not being replaced. The City Manager budget, at $183,103, was unanimously approved. James Ring, representing The Group, asked at what point the Council will look at the benefit package for employees. Mayor Mulryan informed him that the Council is looking at a reduced benefit package for newly hired employees. 7' �25 The Finance Department budget was unanimously approved, for a total of $237,775. The Council moved into the City Council Chambers at this point, at the request of the Board of Library Trustees, because of the number of people in attendance and also because they had a visual presentation. Library Director Stratford made opening remarks, including the fact that the San Rafael Library is the most heavily used library in the County, and is open 58 hours per week, including four evenings per week. Trustee Jim Greenan theli made the visual presentation on productivity and circulation comparisons with other libraries within the County. Mr. Greenan then stated that the Board's recommendation is to decrease the hours by closing one evening, which would save $7,800. Mayor Mulryan asked about using some of the Davidson bequest money for that purpose, and Mr. Stratford informed the Council that at an audit meeting of the Board they had worked with Jim Ring, and had voted to spend some of the Davidson money for a feasibility study for Library expansion. On questioning by Mayor Mulryan, Finance Director Coleman informed the Council that the Davidson bequest has been invested in a trust fund, and is not being kept within the City's funds. City Manager Beyer pointed out that this budget also includes Cultural Affairs, which is being put under the Library Director as of July 1, 1982. The Library/Cultural Afairs budget was approved unanimously, for $421,111 and $97,332 respectively, with the understanding that there would be further discussion on funding so that the Library would not have to close one evening a week. With regard to the Cultural Afairs budget, the addition of a large volunteer force is to be added to the specific objectives. In addition, a new sign is to be constructed for the Falkirk Community Cultural Center, the design for which is to be brought before the Council for approval. The Recreation Department budget was then considered, and unanimously approved, for a total of $1,471,990. Council then considered the Plannii,,g Department budget, during which time Jim Ring, represent- ing The Group, inqui.n@4-.about individual planners keeping their hours spent on the various projects, to enable management to evaluate utilization of their time. This was discussed, and staff was asked to look into a methodology for keeping such a record. The question of a dollar saving by having overtime taken as compensatory time was discussed, and it was moved, seconded and unanimously agreed, to approve the Planning Department budget as submitted, with a review in six months, to determine the advisability of staff taking compensatory time off instead of being paid overtime. Councilmember Jensen asked City Manager Beyer to obtaim a copy of the City of Novato's budget for their Planning Department, for comparative purposes. The Personnel budget was discussed, and unanimously approved for a total of $88,338. Assistant to the City Manager/Personnel Luedeman was asked to obtain for the Council an actual record of Worker's Compensation claims against the City, and the results and final disposition of the claims. This was after questioning on the subject by Jim Mahony, representing The Group. Council decided at this point to cancel the tentative meeting on Wednesday, June 30th, at which time the Capitol Improvement Budget was to have been discussed, and to agendize it for the July 6, 1982 meeting. Council then adjourned to Tuesday, June 29, 1982, for discussion of the remainder of the 1982/83 budget. QEANNE M. City Clerk APPROVED THIS % h4 DAY OF , 1982 R 0 A AEL *** *** *** *** *** *** *** *** 126 In Conference Room 201 of the San Rafael at 7:30 PM. Special Meeting: City Hall, Tuesday June 29, 1982, Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk RE: CONTINUATION OF BUDGET HEARINGS, FY 1982/83 - File 8-5 Council continued the budget hearings, and reviewed the General Services budget, noting that the Electrical Division has been transferred to Public Works, reducing General Services personnel by two positions. Councilmember Jensen remarked that he has always felt the Garage should be under Public Works and not General Services. Councilmember Breiner referred to page 77, regarding Revenue Sharing Projects Proposal, specifically the General Services automated fuel dispenser at a cost of $15,000. She asked about its function and City Manager Beyer informed the Council that the dispenser will keep an accurate record of usage of each car, in addition to assisting in the accountability records. The General Services budget was unanimously approved, for a total of $853,774. The Parking District budget, under General Services, was unanimously approved for a total of $430,189. Council then considered the Public Works budget, and discussed methods of cutting expenses. Staff was asked to look at the advisability of cutting down the street sweeping schedule, both in the downtown and residential areas. It was agreed that this matter would be discussed further at the July 6th Council meeting. In an attempt to reduce expenditures, a street lighting reduction program was suggested, but the Council was hesitant about it. The general idea is to eliminate mid -block lighting in otherwise fairly well -lighted streets. Council asked staff to give advance notice before the program starts so they could visit the areas and inspect the result. The subject of manpower in the Parks Division was discussed, and the Council asked that the parks be maintained as much as possible in order that they would not decline to any great extent. Staff informed the Council that one Groundsworker I position has been eliminated, and a Redevelopment person will be transferred into the vacancy in a Grounds - worker II position. Mayor Mulryan asked staff to look into the possibility of Summer youth workers on a temporary basis to help get the parks in better shape, which would cost only about $17,000. Staff was also asked to determine a method for keeping the downtown flower beds in good condition, and report to the Council on what can be done to keep up the maintenance. City Manager Beyer informed the Council that there is a need for a Power Turf Sweeper at a cost of $8,500, which is not in the budget. He stated that when he makes a report back to Council on the manpower issue he will suggest pieces of equipment which can offset manpower costs and determine if there can be trade-offs in that area. After discussion of the unfinished irrigation system on the Davidson School site, staff was asked to report back on July 6th with a schedule for completing the job with City manpower if the CCC are still unavailable, and also to explore volunteer help from parents of children using the field for youth Soccer and other programs. The Consolidated Public Works budget, for a total of $2,754,266, was unanimously approved as presented, with staff to report back on the items discussed. The Fire Department budget was reviewed and the deficit in Paramedic fees was discussed. The revenue is not as high as expected, and Chief Marcucci informed the Council that he is working with the Contract Attorney to see what action should be taken, since the Paramedic service extends to CSA 13, CSA 19, and Marinwood CSD, which are outside City Limits. Councilmember Breiner moved and Councilmember Jensen seconded, that staff take whatever action is necessary to make the Paramedic Program self supporting. AYES: COUNCILMEMBERS: Breiner, Frugoli Jensen, Miskimen & Mayor Mulryan NOES: COURULMEMBERS: None ABSENT: COUNCILMEMBERS: None The Fire Department budget was approved unanimously, for a total of $3,662,250. 127 Council considered the Police Department budget, and Chief Ingwersen informed them of a 50% reduction in the youth Services Bureau, and elimination of participation in the Major Crimes Task Force. { After discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to contribute $34,000 to the Major Crimes Task Force, contingent upon the contributions of other cities in the County, and also with the stipulation that the County continues to fund the Career Criminal Apprehension Program (C -CAP) at the County level. AYES: COUNCILMEMBERS: Breiner, Frugoli Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Police Department consolidated budget was unanimously approved, for a total of $3,166,749. i The Nondepartmental budget, for a total of $1,023,000, was unanimously approved. The Gas Tax Program budget was unanimously approved, for a total of $600,00. Public Works Director Bernardi was asked to do a study of preferred methods of street repair, and present it to the Council. PUBLIC HEARING - REVENUE SHARING - FILE 8-9 Mayor Mulryan declared the public hearing open. City Manager Beyer reviewed the list of proposed Revenue Sharing projects and mentioned the Police and Fire departments' remodeling projects, as opposed to a new Public Safety Building which would be very costly. Fire Commissioner Lane Fye expressed the Commission's appreciation of the Council's recog- nition of the necessity for upgrading Station #1. There being no further public input, the public hearing was closed. Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the list of Revenue Sharing projects as proposed. AYES: COUNCILMEMBERS: Breiner, Frugoli Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None REDEVELOPMENT AGENCY BUDGET - File R-103 The Council reconvened as the Redevelopment Agency, and considered the Agency's budget for FY 1982/83. Executive Director Beyer mentioned that the budget reflects the fact that the Agency is winding down, as reflected not only in dollar amounts, but in personnel which is down to 2.5 persons, from a total of 5.5 persons in the 1981/82 budget. Executive Director Beyer informed the Agency that on page 86 of the budget, under "Allocation of Resources", the $400,000 for Upper Fourth Street beautification should be changed to $200,000 in view of recent Agency action. The $200,000 should be put in the Reserve for Contingencies fund, making it now $326,785. The Redevelopment Agency budget, totalling $7,434,715, was unanimously adopted. It was agreed that future budgets should be presented in a more detailed form, which would give the Council/Agency more background information and more basis for making decisions. The Council/Agency adjourned to their next regular meetings on Tuesday, July 6, 1982. City er gency secretary APPROVED THIS oZ DAY OF , 1982 LAWRENCERYAN, Mayor/Agency Chairman *** *** *** *** *** *** *** *** 128 In Conference Room 201 of the San Rafael City Hall, Tuesday July 6, 1982, at 7:15 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk RE: INTERVIEW OF APPLICANT FOR VACANCY ON PARK & RECREATION COMMISSION - File 9-2-4 Councilmembers interviewed Michael Fanning, the only applicant for the vacancy on the Park and Recreation Commission which was the result of the resignation of Commissioner William A. Love. After discussion the Council agreed that, since there was only one application at this time, they would extend the deadline for further applications to the end of July, rather than making an appointment at this meeting. Council then adjourned to the Council Chambers to sit as the Redevelopment Agency in their regular meeting commencing at 7:30 PM. 07ABE M. LEONCIN , City Clerk APPROVED THIS � 9 DA •: *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Tuesday, July 6, 1982, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Miskimen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of June 7, 1982 and Special meeting of June 16, 1982 (CC) 2. Resolution in Support of Relicensing of Hydroelectric Projects to Pacific Gas & Electric Company (CM) - File 9-11-5 Recommended Action Approved as submitted. RESOLUTION NO. 6347 - IN SUPPORT OF RELICENSING OF HYDROELECTRIC PROJECTS TO THE PACIFIC GAS AND ELECTRIC CO. 129 3. Claims for Damages: (PW) a. George J. Silvestri, Jr. - File 3-1-660 b. GordonE.rt - File 3-1-663 c. Albert J. & Patricia M. Boro - File 3-1-665 d. James L. Clark - File 3-1-667 e. John W. & LucilleImo.-MTTTer - File 3-1-668 f. Mice & Donna Lane - File 3-1-670 g. LaVonne McGuire - File3-1-6T1 h. Marvin & Maral Angus - File -1-672 i. Michael & Pegy Killilea - File 3-1-673 j. Roy & Rosemary Maroney - File 3-1-674 4. Resolution of Appreciation to Planning Commissioner Cecilia Bridges (P1) - File 9-2-6 x 102 5. Renewal of Lease - 1313 Fifth Ave. (RA) - File 4-16-3 (SRRA R-16) F� 7 Approved R. L. Kautz & Co.'s Recommendations for denial of Claims. RESOLUTION NO. 6348 - RESOLUTION OF APPRICIATION (To Planning Commissioner Cecilia Bridges) RESOLUTION NO. 6349 - PROVIDING FOR THE LEASE OF PUBLIC REAL PROPERTY AT 1313 FIFTH AVENUE TO THE SAN RAFAEL REDEVELOPMENT AGENCY (To December 31, 1982, @ $730/mo.) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan 140ES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVAL TO REQUEST PARTIAL FUNDING FROM SAN FRANCISCO FOUNDATION FOR SCULPTURE EXHIBIT AT FALKIRK (Lib) - File 202 Mayor Mulryan inquired of Library Director Stratford what cost there would be to the City for the Sculpture Exhibit at Falkirk, since the grant in question is for $7,000 for the exhibit. Mr. Stratford replied that there would be no cost to the city. RESOLUTION NO. 6350 - AUTHORIZING CITY OF SAN RAFAEL TO APPLY FOR AND ACCEPT GRANT FUNDS FROM THE SAN FRANCISCO FOUNDATION ($7,000 for Sculpture Exhibit at Falkirk) AYES: CO UNC ILMEMB ERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVAL FOR LIBRARY OUTREACH PROGRAM COORDINATOR TO ATTEND ALA CONFERENCE (Lib) - File 4-10-136 x 9-3-61 Library Director Stratford informed the Council that attendance of the Library Outreach Director at the American Library Association (ALA) convention in Philadelphia July 9 - 14th is being paid for from San Francisco Foundation funds, and will result in no cost to the City. However, because the location of the convention is out of State, Council approval is necessary. Lorraine O'Dell is the Library Outreach Director. Upon questioning by Councilmember Jensen, Mr. Stratford informed the council that the cost of the trip is about $1,000, and that conference and travel funds are part of the San Francisco Foundation grant. The discussions at the convention are expected to be of benefit to the Outreach Program. Councilmember Breiner moved and Councilmember Frugoli seconded to approve staff recommen- dation for attendane of the Library Outreach Director at the ALA convention in Philadelphia July 9 - 14th. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARING - REQUEST OF CITY ATTORNEY DUGGAN ON DISQUALIFICATION OF COUNCILMEMBER GARY �RUUULI ON GRANGE APPEAL (CA) - File 9-4-4 x b -1-27T Mayor Mulryan declared the public hearing opened. City Manager Beyer informed the Council that to date the City has not received a response from Legislative Counsel in Sacramento regarding the City's inquiry on the subject of Councilmember Frugoli's status with regard to voting on the Grange appeal. Senator Keene has indicated to Mr. Beyer that it may take a long time to get the response. 130 Council agreed to continue the public hearing to August 2, 1982. (Councilmember Breiner left due to conflict of interest on following item) 9. COMMUNICATION REQUESTING RECONSIDERATION OF ACCEPTANCE OF ST. FRANCIS LANE (CM) - File 2-2 Mayor Mulryan reviewed the past action on this item. Councilmember Miskimen mentioned that since the St. Francis Lane residents have requested reconsideration of acceptance of St. Francis Lane as a public street, the motion to reconsider would have to be made by a Council - member who voted "No" at the June 7, 1982 Council meeting. Councilmember Jensen indicated he is still opposed to the acceptance of the street since in his estimation it is still not up to City standards. Councilmember Frugoli asked City Attorney Duggan for his opinion as to whether the City would be liable for a lawsuit if the acceptance is denied. Mr. Duggan stated that in his opinion the City would be vulnerable, since the residents had acted in good faith and in accordance with previous Council action. Councilmember Frugoli moved and Councilmember Miskimen seconded, to reconsider the acceptance of St. Francis Lane. AYES: COUNCILMEMBERS: Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: Breiner RESOLUTION NO. 6351 - ACCEPTING CONVEYANCE OF ST. FRANCIS LANE RIGHT OF WAY, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: Breiner (Councilmember Breiner returned) 10. PARAMEDIC AGREEMENTS BETWEEN CITY OF SAN RAFAEL AND CSA 13 AND 19, AND MARINWOOD CSD (FD) - i e 4-13-56 x 9-3-7— Council reviewed a report from Fire Chief Marcucci, indicating that the $12 per year per dwelling unit fee is not keeping pace with the cost of the program, partially due to inflation and a decrease in the anticipated growth of dwelling units caused by a myriad of economic reasons. It is staff's recommendation that the fee be raised from $12 to $19. An Ordinance of the City of San Rafael, Amending Ordinance 1336 (Paramedic Service Special Tax) so as to Increase the Basic Tax Rate from $12.00 to $19.00 per Living Unit, and numbering Charter Ordinance No. 1433, was read, introduced and ordered passed to print by the following vote, to wit: AYES: CO UNC ILMEMB ERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6352 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Between County Service Area No. 13 and City of San Rafael Relating to Advance Life Support and Basic Life Support Emergency Ambulance Service (Para- medic Service) Increasing Annual Fee from $12 per year per Dwelling Unit to $19 per year per Dwelling Unit) AYES: CO UNC ILMEMB ERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6353 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Between County Service Area No. 19 and City of San Rafael Relating to Advance Life Support Emergency Ambulance Service (Paramedic Service) Increasing Annual Fee from $12 per year per Dwelling Unit to $19 per year per Dwelling Unit) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6354 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Between Marinwood Community Services District and City of San Rafael Relating to Advance Life Support Emergency Ambulance Service (Paramedic Service) Increasing Annual Fee from $12 per year per Dwelling Unit to $19 per year per Dwelling Unit) 131 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. FINAL ADOPTION - ORDINANCE NO. 1429 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.1 .020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM U (UNCLASSIFIED) DISTRICT TO P -D (PLANNED DE 0 MENT) DISTRICT (57 RACQUET CLUB DRIVE "GROVE P - File 5-1-269 Planning Director Moore informed the Council that a meeting was held on July 1st between the Homeowners' group, the developer, and staff. The homeowners would like six to ten low and moderate income units clustered on the Fifth Avenue side of the property, but the developer has stated that this would not be economically feasible. Councilmember Jensen moved and Councilmember Frugoli seconded, to approve final adoption of Ordinance No. 1429. During discussion, Neighborhood 13 president Elliot Bien info need the Council that his group was not satisfied and felt that the developer did not listen to their suggestions. Lane Fye of the Neighborhood 13 group, stated that the developer was most cooperative in their dealings regarding his property which is adjacent to Grove Hill, but that he is con- cerned about the sewage situation, the traffic on Fifth Avenue, and the density. Mayor Mulryan asked Public Works Director Bernardi about the sewer problem, and Mr. Bernardi informed the Council that there has been a problem with wet weather flows, but that the developer has been required to rebuild the manhole at Eye Street. Public Works has taken care of that problem, and will be reimbursed by the developer. The problem should now be corrected. Planning Director Moore informed the Council that the Fire Department has no problem with the fire road, and there will be fire hydrants within the subdivision. Councilmember Miskimen indicated that he favors the second Plan B, which was the plan sub- mitted after the last Council meeting, and which calls for reduction in the density from 18 to 15, assuming that the City did not develop the four -acre parcel as "land banking" for employees' housing. The land banking part could be converted to open space, and there would be a reduction of three units. Councilmember Jensen left and was absent for the remainder of the meeting. Architect Brent Dickens reviewed the plan, explaining the 15 unit concept, which was rejected by the Planning Commission in favor of the originally proposed Plan. Since Councilmember Jensen, who made the original motion for final adoption of Ordinance No. 1429 had left the meeting, Councilmember Frugoli moved and Councilmember Breiner seconded, that the Ordinance be adopted. Mayor Mulryan remarked that this was a difficult decision to make, and asked Contract Attorney Bullard if, in his opinion, the proposed plan complies with the Neighborhood 13/14 Plan. Mr. Bullard replied in the affirmative. CHARTER ORDINANCE NO. 1429, 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" (Unclassified) District to P -D (Planned Development) District (57 Racquet Club Drive "Grove Hill") was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli & Mayor Mulryan NOES: COUNCILMEMBERS: Miskimen ABSENT: COUNCILMEMBERS: Jensen Councilmember Miskimen stated that he could not vote affirmatively since he is not in favor of the density, which is too high. 12. COMMUNICATION FROM SAN QUENTIN DISPOSAL RE RESOURCE RECOVERY -TRANSFER STATION (P1) - File 10-2 Council reviewed a request from San Quentin Disposal Company, for approval in concept of a Resource Recovery -Transfer Station building to be located on an approximately three -acre site fronting on Francisco Boulevard by Bay Parkway. The appearance from the highway would be similar to the other industrial buildings along Francisco Boulevard. Bruce Bernhard, proponent of the project, i nforned the Council that the materials they would deal with would be mostly wood, and wood chips, and the residue would be disposed of in the present landfill along with the inert material. 132 After further discussion Councilmember Frugoli moved and Councilmember Breiner seconded, to refer the matter to the Planning Commission for a preliminary review of the proposed use and discussion of pertinent design considerations. AYES: CO UNC ILMEMB ERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen PLANNING COMMISSION RECOMMENDATION ON ADVISORY COMMITTEE FOR DOWNTOWN PARKING DISTRICT (P1) File 9-M7 Planning - - Planning Director Moore informed the Council that the Planning Commission is recommending to the Council the formation of a very small and hard-working advisory Committee. The members would be appointed to assist staff in developing special parking requirements for the downtown assessment district area. Mayor Mulryan stated he thought it was a very good idea, and asked the Council to give the matter some thought and submit names to staff. He suggested that perhaps each Councilmember could come up with one name. City Manager Beyer said they envision the committee as being short lived, working intensely with staff and making recommendations through staff to the Council. 14. URGENCY ORDINANCE CHANGING SECTION 2.16.028(1) OF THE SAN RAFAEL MUNICIPAL CODE - LOITERING IN A CITY PARK BETWEEN THE HOURS OF 9:00 PM AND 6:00 AM - FROM AN INFRACTION TO A MIS- DEMEANOR PD - File - Police Chief Ingwersen briefed the Council on the necessity for an Urgency Ordinance upgrading the offense of loitering in a City park between 9:00 PM and 6:00 AM from an infraction to a misdemeanor. Chief Ingwersen stated that this would give -the Police Department more latitude in dealing with the increasing number of transients who are sleeping in the parks at night. CHARTER ORDINANCE NO. 1434 - An Urgency Ordinance of the City of San Rafael Amending Section 2.16.028(27) of the Municipal Code Making Section 2.16.028(1) a Misdemeanor or Infraction at City Attorney's Discretion, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 15. LAFCo REFERRAL RE ANNEXATION (CHANG) TO SAN RAFAEL SANITATION DISTRICT IN COUNTRY CLUB AREA P - File 12 - Planning Director Moore informed the Council that the owner/resident of 17 Moncada Way in the Country Club area, Clifford Chang, is seeking annexation to the San Rafael Sanitation Dis- trict, due to a failed septic tank. Strict application of LAFCo's Dual Annexation Policy would require concurrent annexation to the City of San Rafael; however, this parcel is not contiguous to existing City limits. Also, the entire surrounding unincorporated area is scheduled to be surveyed by LAFCo staff as to resident interest in annexation to the City. Therefore, staff is recommending waiver of the Dual Annexation Policy in this instance. The LAFCo Executive Officer is also recommending the waiver. Councilmember Breiner moved and Councilmember Frugoli seconded, that staff advise LAFCo that the City of San Rafael recommends waiver of the Dual Annexation Policy for the Chang Annex- ation to the San Rafael Sanitation District, for the following reasons: 1) Annexation is in the interest of public health; 2) Parcel is not contiguous to existing City limits; 3) Waiver follows established precedent in the area; and 4) Country Club area annexation survey is in process. AYES: CO UNC ILMEMB ERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 16. BCDC DIKED HISTORIC BAYLANDS STUDY (P1) - File 135 Planning Director Moore called the Council's attention to the Tentative Findings and Policies section of the BCDC staff report on their study. She stated that the study has been completed and is currently going through a public hearing process before the BCDC. Significant portions of the San Rafael planning area are within the diked historic bayland boundary of the BCDC study. The Planning Commission has requested that the City Council communicate to the BCDC the City's thanks for the referral of the Diked Historic Baylands Study a -id interest in continued BCDC close coordination with local agencies regarding any implementation of the study. 133 Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the Planning Commission's recommendations with regard to the study. f AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 17. DISCUSSION OF 1982/83 CAPITAL IMPROVEMENT BUDGET (CM) - File 8-5 x 12-7 City Manager Beyer informed the Council that there are several policy issues affecting potential sources of revenue for capital improvements, some of which have also been discussed as revenue to reduce traffic mitigation fees on West Francisco Boulevard and the Northgate Activity Area. The principal sources to be looked at are the sales tax on gasoline and for new retail developments. Also to be considered are the many projects as a result of the January 4, 1982 storm, particularly the street maintenance program. Mr. Beyer pointed out that an AB 215 tax measure may be placed on the November 1982 ballot in Marin County. The Council has supported this measure in concept, subject to a decision regarding distribution of funds. Over a four-year period the City could receive as much as $2.4 million or about $600,000 a year if the 5¢ limit is approved. Mayor Mulryan asked that City Manager Beyer have precise figures worked up regarding sales tax and gas tax in relation to mitigation fees for traffic improvements, to be brought back to Council. Councilmember Miskimen suggested that staff look into the beginning of negotiations with San Rafael Sanitation District/Central Marin Sanitation Agency, regarding transfer of the sewer system to the Central Marin Sanitation Agency. Council agreed with this suggestion. Council also asked staff to keep a close watch on the progress of AB 215 regarding the gas tax. ADD ITEM File 13-3 Councilmember Breiner asked staff to consider what can be done to control the deer which are coming into residents' gardens in increasing numbers. CLOSED SESSION File 3-1-645 Council met in Closed Session to discuss labor negotiations and pending litigation, then met in open session and agreed to pay $2,500 settlement on Claim 3-1-645, Anna R. Howell. City Council then adjourned to their next regular meeting on Monday, July 19, 1982. JF3 NE -M. LEONCINI, City Clerk APPROVED THIS / DAY OF , 1982 MAYOR OF THE CITY 0 SA RA AEL *** *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Monday, July 19, 1982, at 7:15 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember 134 Also Present: Robert F. Beyer, City Manager CLOSED SESSION RE: DISCUSSION OF PENDING LITIGATION - File 9-1 The City Council met in closed session to discuss pending litigation. No action was taken. APPROVED THIS i-0- DAY OF 1982 *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, July 19, 1982, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney 1. PRESENTATION OF RESOLUTION OF APPRECIATION TO PLANNING COMMISSIONER CECILIA BRIDGES - i e 102 x 9-2-6 Mayor Mulryan presented a Resolution of Appreciation to Planning Commissioner Cecilia Bridges, and expressed the City's appreciation for her expertise and her leadership while Chairman of the Planning Commission. Mayor Mulryan also wished Ms. Bridges success in her future in the law profession. CONSENT CALENDAR Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 2. Approval of Minutes of Regular Meeting of June 21 and Special and Regular Meetings of July 6, 1982 (CC) 3. Approval of Specifications and Authorization to go to Bid for On -Site Processor for the Telephone System (Fin) - File 4-3-88 6. Claims for Damages: (PW) a. Robert J. Ratto - File 3-1-661 b. Dorothy Bowman - File 3-1-664 c. Walter S. & Diane Strauss - File 3-1-689 d. Derek & LaLa Coyle - File 3-1-690 e. William J. Wider - File 3-1-700 Recommended Action Approved as submitted. Approved specifications and authorized staff to solicit bids. Approved R.L. Kautz & Co. recommendations for denial of claims. 135 7. Status Report on Auto Ride Program (CM) - Accepted report, and indicated continued File 9-3-40 support. Reaffirmed previous approval of an in-kind contribution as City's match j for federal grant funding. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. STATUS REPORT ON REPLACEMENT OF "MISSION CITY" PATROL CRAFT (PD) - File 4-10-72 x 9-6-9 Councilmember Jensen asked about locating the builders of the recently destroyed "Mission City" patrol craft, and Police Chief Ingwersen informed the Council that the original builder has been located in southern California. Councilmember Jensen asked permission from the Council to travel to southern California and confer with the boat builders. Council granted permission. Chief Ingwersen stated that Captain Gerald Souza has been actively pursuing the replacement craft. 5. RESOLUTION OF APPRECIATION TO KAY CRAWFORD, REDEVELOPMENT CITIZENS' ADVISORY COMMITTEE MEMBER CM - File 102 x 140 x R- CAC RESOLUTION NO. 6355 - RESOLUTION OF APPRECIATION (To Kay Crawford, Redevelopment Citizens' Advisory Committee Member, on her resignation) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Mulryan presented the Resolution of Appreciation to Kay Crawford and thanked her for her support, not only as a Chamber of Commerce official, but as a member of the Redevelopment CAC. 8. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DECISION: NOTICE OF VIOLATION OF TWO ILLEGALLY S BDI IDED PARCELS; s81-42; Fernwoo Way; Fred Grange, Owner; A 185185-073-07 -071-18 -Fi e --22 Mayor Mulryan declared the public hearing opened. Since no reply has yet been received from Legislative Counsel regarding the propriety of Councilmember Frugoli voting on this matter, the public hearing was continued to an indefinite future date. Staff, meanwhile, was asked to continue to attempt to expedite the reply from Legislative Counsel. 9. PUBLIC HEARING - PROPOSED AMENDMENT TO DOWNTOWN PARKING AND BUSINESS IMPROVEMENT AREA (CM) - File 183 Mayor Mulryan declared the public hearing opened. He stated that the Business Improvement District (BID) Board of Directors is proposing an Ordinance amending the original BID boundaries in downtown San Rafael, allowing voluntary membership outside the District, and including property owners as well as financial instit- utions, service boards, and professionals in the voluntary system of assessments. Also, the voluntary fee schedule is being proposed in Resolution form to allow the Council the ease of amending the fees without changing the Ordinance. Mayor Mulryan questioned the elimination of the area from E to H Streets, where the City is spending $200,000 for beautification. Wm. Thiercof, merchant in the West Fourth Street area, stated they felt they had been frustrated in past years by not reaping the same benefits as the downtown area. Pat Tyrell -Smith, former President of the Chamber of Commerce, stated that the promotional aspect of the organization was for the mutual benefit of all San Rafael merchants, not just Fourth Street, but the side streets also, and certainly always included the West End. Council then heard from Virginia Gearhart, an advance planner new to the area, who urged adoption of the Ordinance since she would not be involved in advertising and does not intend to become involved with the BID. Karen Earl, owner of a word processing office at 1010 B Street, spoke in favor of the changes, stressing the need for voluntary membership. Norman Richardson stated his business is being cut out of the BID, and he is not in favor of the changes. He feels that voluntary membership for some and mandatory for others will not work. Warren Robinson, Fourth Street merchant, spoke in opposition to the proposed changes, stating that he had voted against this action. With respect to professional and service businesses, he stated that some professional people are interested in belonging to BID and that not all are against it. Bob State, BID president, spoke in favor of the proposed Ordinance and Resolution, stating that many people felt they were paying into the organization without realizing benefits, and that with a curtailed budget he feels this new plan will work to revitalize the lagging enthusiasm. 136 There being no further comment, the public hearing was closed. Councilmember Frugoli moved and Councilmember Jensen seconded, to pass the Ordinance to print, amending Chapter 10.08 of the Municipal Code, entitled "Downtown Parking and Business Improve- ment Area". Bob Hoffmann, Chamber of Commerce president, spoke to the motion, stating he is interested and very concerned about what goes on in the business area of San Rafael, and he is disappointed at this turn of events, feeling that matter should stand as they are and that the City should continue to collect the dues as they have in the past. Councilmember Breiner agreed with Mr. Hoffmann, but stated she will reluctantly vote for the changes, since the BID is entitled to take this action and, if the changes do not work, the matter will have to be re-evaluated. Councilmember Miskimen stated that for the same reason he will vote for the Ordinance although he feels the original Ordinance was correct. An Ordinance of the City of San Rafael, Amending Title 10 of the San Rafael Municipal Code, Chapter 10.08, entitled "Downtown Parking and Business Improvement Area", and numbering Charter Ordinance No. 1435, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6356 - ESTABLISHING VOLUNTARY FEES FOR THE BUSINESS IMPROVEMENT DISTRICT (BID) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - REZONING (Z82-5); 3825 REDWOOD HIGHWAY, COUNTY ASSESSOR'S PARCELS 179-041-22 & 24, FROM: P -C PLANNED COMMUNITY) DISTRICT, TO: P -D (PLANNED DE ELOPMENT) DISTRICT; INITIATED BY MARY LOU JACOBSON RICHARD CLAYTON, REPRESENTED BY JOHN REINHARDT, - r1 ie 16 - Mayor Mulryan declared the public hearing opened. Richard Clayton, one of the owners, informed the Council that he is in accord with the proposed action. There being no further public input, the public hearing was closed. Councilmember Breiner moved and Councilmember Miskimen seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 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 -C (Planned Community) District to P -D (Planned Development) District (3825 Redwood Highway), and numbering Charter Ordinance No. 1436, was read, introduced and ordered pased to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. PUBLIC HEARING - REQUEST FROM MARIN RECYCLING & RESOURCE AGENCY FOR SURCHARGE ON GARBAGE BILLS O PAY FOR RECYCLING (Fin) - File 4-3-94 Mayor Mulryan declared the public hearing opened. Finance Director Coleman informed the Council that the Marin Recycling and Resource Recovery Association (MRRRA) started a curbside recycling program in early 1981 with the aid of a State of California grant. However, their collection have not been up to their expectations, and the prices received for newspapers and aluminum have declined by 50%. In order to stay in business they now need a 54c/per month surcharge on the residential garbage bills. Colonel Walter Filler, representing Irate Taxpayers of Marin, recommended against the sur- charge because he felt that once the surcharge is granted there will be more in the future. He felt that the $500,000 grant from the State should have been enough for a good start. He was joined in his views by Ray Swanson of the Bret Harte area, and opposed the request on the grounds that all facts of the operation are not known. 137 The operator of MRRRA, Joe Garbarino, addressed the Council, inviting all those objecting to the surcharge to come to the plant and see what the operation accomplishes. He also stated that the $500,000 received from the State was for operating equipment, not for the running of the business. He cited reduced revenues for recycled materials, and also stated that the f recycling has reduced the number of garbage cans by over 1,000. He further stated that the trash is being sold as a commodity to Korea. Jim Ring urged the Council to protect the MRRRA by taking affirmative action since he considers the operation a community resource. There being no further comment the public hearing was closed. RESOLUTION NO. 6357 - RESOLUTION OF INTENTION OF THE CITY OF SAN RAFAEL TO ESTABLISH A RECYCLING AND RESOURCE RECOVERY SERVICE WITHIN SAN RAFAEL (And setting public hearing for 8:00 PM on August 16, 1982) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC TIME 1. Gale Fisher asked to speak under Public Time regarding the 1982/83 budget. Mayor Mulryan informed her that the next item on the agenda is the 1982/83 budget, and that she may speak under that item. File 11-8 2. Bohdan Roman of 1333 Fourth Street requested consideration of parking arrangements for persons living in the downtown area. Staff was requested to explore the possibility of using areas off Fourth Street, and bring their recommendations back to the Council. 12. ADOPTION OF 1982/83 BUDGET (Fin) - File 8-5 City Manager Beyer reviewed the staff report, which contained additional information on various facets of the proposed budget, requested by the Council at the June budget hearings. The total cost for the items reviewed is $599,823. This includes the Traffic Citation Program which is estimated to cost $46,723 but which is expected to pay for itself this fiscal year. Also included is the $7,800 needed to keep the Library open two mornings a week. Council agreed that this amount should come from the interest accruing on the Davidson bequest fund, and not from the City's General Fund. A discussion followed, regarding the $100,000 for the street lighting program. Council also discussed the fact that they should reconsider lighting cutbacks in residential areas. There had been a test area, but this was not satisfactory and many complaints were received. Councilmember Breiner moved and Councilmember Frugoli seconded, that street lights not be cut in residential areas. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The subject of cutting back on street sweeping was discussed and, after consideration Council - member Breiner moved and Councilmember Miskimen seconded, to have street sweeping in the downtown area three nights per week for a six-month trial period. Under question Mayor Mulryan asked about the position of the second streetsweeper being eliminated, and it was decided that this would be discussed at the Mid -year review of the budget. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Parks manpower was then discussed and Public Works Director Bernardi informed the Council that there are two vacant positions due to disability, and he would like permission to fill them in order to help bring the parks maintenance back up to an acceptable level. He stated that the crew has still not taken care of some of the storm -related damage. Mr. Bernardi suggested that he be permitted to fill the two positions in question, and to come back with a report at the Mid -year review for a reassessment of manpower. Council agreed to that procedure. The subject of volunteer help in the parks was discussed and Mr. Bernardi stated they have been pursuing that through homeowners' groups. Mayor Mulryan mentioned a program by Menlo Park, which is a "Community Gifts Catalog", whereby residents can make contributions for such things as trees, playground equipment, child care scholarships and the like. 138 Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the concept and ask staff to proceed with exploring methods of implementation. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Jim Mahoney of The Group asked about the Weed Abatement Program and Mr. Bernardi informed the Council that the program had been dropped because of lack of manpower, but that they are responding on a complaint basis. The Public Works Department keeps in communication with the Fire Department on the various problem areas and when clearing is needed it is done on a contractual basis. Gale Fisher of The Group read a letter containing recommendations about the budget, including future presentations to contain detailed line items with schedules and footnote explanations, and all financial statements which fully explain the City's financial condition. Also sug- gested was a citizens' committee composed of volunteers selected by Council members to oversee the development, execution and control of the budget. It was also recommended that the City Manager not have the power to transfer funds between any accounts or budget line items without City Council approval. Ms. Fisher questioned the large reserve fund and Mayor Mulryan explained the uses of the reserve fund, such as equipment replacement and Workers' Compensation. He stated it is con- sidered a prudent reserve, to be available when needed. The next item in the letter from The Group was a request to rewrite the job description for the City Attorney and to include it in the City Charter. It also recommended that employee salaries and benefit packages be looked at carefully, and be made a part of the detailed budget. Jaki Sales informed the Council that she feels that government by committee is not cost res- ponsive, and that the Council is accountable to the electorate; the time for budget input is at the budget hearings. The Council agreed that more detailed modifications to the budget should be presented at the August 2nd meeting, before the final adoption of the 1982/83 budget. 16. AB 215 GAS TAX MEASURE (CM) - File 9-4 This item was discussed out of numerical sequence, since the proposed gas tax measure will impact the 1982/83 budget. Councilmember Miskimen mentioned that the Board of Supervisors is going to put the measure on the November 1982 ballot, and are having a meeting on it tomorrow. City Manager Beyer informed the Council that the Marin County City Managers have not yet agreed upon a formula for distribution of the funds from the 5� per gallon gas tax. The plan is for the measure to be put on the ballot by July 23rd, and the County will then have a month to withdraw it if the Marin County cities do not wish to support the measure. 13. REQUEST FOR RECONSIDERATION OF DECLARING PARCEL OF LAND SURPLUS IN EAST SAN RAFAEL (PW) - i e2-10 Council approved staff recommendation that this item again be continued until such time as it can be considered concurrently with the hearing on the Planning Commission's decision regarding the subdividing of two parcels at 38/39 Fernwood Way. That hearing is awaiting a decision from legislative counsel regarding Councilmember Frugoli's participation in the matter. 14. FINAL ADOPTION - ORDINANCE NO. 1433 - AMENDING ORDINANCE NO. 1336 (PARAMEDIC SERVICE SPECIAL A SO AS 0 INCREASE THE BASIC TAX RATE FROM $12.00 TO $19.00 PER LIVING UNIT FD - File 4-13-56 CHARTER ORDINANCE NO. 1433 - Amending Ordinance No. 1336 (Paramedic Service Special Tax) so as to Increase the Basic Tax Rate from $12.00 to $19.00 per Living Unit, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Miskimen left meeting) 15. APPROVAL OF FINAL PLANS FOR ALBERT PARK RENOVATION AND AUTHORIZATION TO GO TO BID (Rec) - File 4-1-M Council reviewed a staff report from Recreation Director Jauch, outlining the final plans for the Albert Park improvements and requesting approval of the plans and authorization to go to bid. (Councilmember Miskimen returned) 139 It was pointed out in the staff report that the funding, which amounts to $287,568, was from the following sources: California Parkland Act of 1980 - $147,556; Roberti-Z'Berg Energy and Resource Fund - $4,543; Roberti-Z'Berg Bond Act - $32,938; San Francisco Foundation - $13,531; Inter -Arts of Marin - $9,000; and Albert Park Development Funds - $80,000. RESOLUTION NO. 6358 - APPROVING FINAL PLANS FOR ALBERT PARK RENOVATION AND AUTHORIZING STAFF TO GO TO BID ON PROJECT AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. DISCUSSION RE ABATEMENT OF PARTIALLY DESTROYED BILLBOARD (CA) - File 3-3-35 Council reviewed a staff report from Contract Attorney Bullard, pointing out the fact that the billboard along Highway 101 (California overpass) has been vandalized and burned twice in two years and is currently unsightly. It was suggested that this structure may be subject to nuisance abatement by the City through various means. Councilmember Breiner moved and Councilmember Frugoli seconded, to authorize staff to commence nuisance abatement proceedings as recommended, under the "unsafe structures" provision. AYES: CO UNC I LMEMB E RS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. COMMUNICATION FROM MARIN CONSERVATION LEAGUE REQUESTING COUNCIL CONSIDERATION TO BAN THE PLANTING OF PAMPASGRASS - Fire-71T--T— Councilmember i e - Councilmember Breiner cited a recent letter from the Marin Conservation League, asking the City to support their effort to ban the planting of pampas grass within the City limits. They stated that the proliferation of pampas grass and the fact that it is crowding out native species is second only to the broom which has caused such a problem in the past. Councilmember Breiner moved and Councilmember Miskimen seconded, to write letters to all of the nurseries in San Rafael asking them to not sell pampas grass, with a copy to Marin Conser- vation League. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. DISCUSSION RE SOFABED CONSPIRACY BANNER - File 3-3-36 (Verbal) Councilmember Breiner stated that page 3 of the City's Sign Ordinance prohibits banners except for openings, and the Sofabed Conspiracy banner has been up for many months and is becoming tattered. Mayor Mulryan stated he has seen banners other than the one cited, throughout the City, and people evidently are not paying attention to the local laws. Councilmember Breiner suggested giving staff authority to abate the banners, and the Council agreed to have staff draw up recommendations regarding a "Citation Authority" for taking care of matters of this nature, and bring their recommendations back to the Council for approval. 20. SAN RAFAEL YACHT CLUB LEASE (RA) - File 2-8-11 Consultant Ward informed the Council that the San Rafael Yacht Club lease expires on March 31, 1983. It covers 7,000 square feet of City property at the Westerly end of Beach Park. The building thereon is the property of the Yacht Club. The Club is now proposing a thirty-year ground lease at a fixed annual rent of $8,500 for the first five years, with appropriate increases in rent thereafter. This figure is within the range of a fair economic rent for the property. Mayor Mulryan asked about what type of improvements they intend to make, and Mr. Ward stated they intend to make capital improvements if they get the thirty-year lease, and would abandon the building to the City at the end of the lease period in exchange for a contractual right to renegotiate the lease for the land and building. Councilmember Breiner asked if the proposed gazebo type barbecue area would be subject to review, and Mr. Ward informed the Council that all of the improvements would be subject to review. This would still be a private club, with temporary mooring without charge, a class- room type facility for boating classes, and possibly for leasing out for private parties. Council asked staff to look into the ground lease proposal, including the possible use of the building and grounds for public rentals, and bring recommendations back to the Council. 140 21. RECOMMENDATION OF CULTURAL AFFAIRS COMMISSION TO SUPPORT THE ANTENNA THEATRE'S "MOVING SCULPTURES PROPOSALLib - File 209 Council considered a proposal by Vaughn Stratford, which was recommended by the Cultural Affairs Commission, regarding allowing the Antenna Theatre to place moving sculptures in the City, subject to certain use conditions such as insurance and compliance with Police and Public Works restrictions. Mr. Stratford introduced Annette Rose of Antenna Theatre, who explained the moving sculptures would be representational figures of real people, who are well known in the community, and they would probably also include a guide dog and trainer. There would be five to eight sculptures within the City. Councilmember Miskimen moved and Councilmember Breiner seconded, to approve the Antenna Theatre's "Moving Sculptures" program, with placement of the sculptures being subject to the approval of the Police and Public Works departments. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. ADOPTION OF MEMORANDA OF UNDERSTANDING BETWEEN: (CM) a. City of San Rafael and San Rafael Firemen's Association - File 7-8-2 RESOLUTION NO. 6359 - AMENDING RESOLUTION NO. 6117 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL (Effective July 1, 1982 - 8% package) AYES: CO UNC ILMEMB ERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. City of San Rafael and Marin Association of Public Employees (MAPE) - File 7-8-1 Councilmember Jensen discussed inequities within the salary ranges of various positions such as Yard Clerk and other Clerks, and the Parking Meter Collector and Meter Maids. Staff was asked to look into the salary structures, including the possibility of having a lube man in the garage. RESOLUTION NO. 6360 - AMENDING RESOLUTION NOS. 5932 AND 5936 PERTAINING TO THE COMPEN- SATION AND WORKING CONDITIONS FOR MISCELLANEOUS PERSONNEL (Total cost to City 8% - effective July 1, 1982) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. APPROVAL OF VEHICLE REPLACEMENT SCHEDULE FOR FISCAL YEAR 1982/83 (GS) - File 9-3-12 Councilmember Jensen questioned the Vehicle Replacement Schedule, and asked that the 1966 Backhoe be removed since it is more economical to keep it in working order than to replace it. City Manager Beyer was asked to look into the purchase of motorcycles, with a view to replacing with used Kawasaki cycles purchased through the State. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the list as sub- mitted, with the elimination of the 1966 Backhoe. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 141 CLOSED SESSION 24. The Council adjourned to Closed Session to discuss pending litigation and labor negotiations. JEANNE M. LEO CINI, City C er APPROVED THIS / DAY OF 1982 71 �. MAYOR OF THE CITY OF SAN R FAEL *** *** *** *** *** *** *** In Conference Room 201, San Rafael City Hall, Monday, August 2, 1982, at 7:10 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Absent: Dorothy L. Breiner, Councilmember RE: INTERVIEWS OF APPLICANTS FOR PARK AND RECREATION COMMISSION (CC) - File 9-2-4 The Council interviewed the following applicants for the vacancy on the Park and Recreation Commission caused by the resignation of Wm. A. Love, for a four-year term ending in May of 1986: Irma Kay Karen Montgomery Linda Brandelius Lynn Thompson No decision was made at this time, because of four more applicants who will be interviewed commencing at 7:10 PM on Monday, August 16, 1982. Those applicants are as follows: Jim Mannion Richard J. Matthews, Jr. Jack Ryan Patrick J. Webb The Council adjourned to meet as the Redevelopment Agency at 7:30 PM. gARNE M. LEONCINI, City Murk APPROVED THIS kAY OF 19: Wa f r.'Affiffff 1. WO nel 9 MWJ a a I I OCA 1] "26.0 d"'M i I'm "4 A- *** *** *** *** *** *** *** *** 142 In the Council Chambers of the City of San Rafael, Monday, August 2, 1982, at 7:45 PM. I Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman Gary R. Frugoli, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member John A. Hiskimen, Councilmember/Agency Member Absent: Dorothy L. Breiner, Councilmember/Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary PUBLIC HEARING REDEVELOPMENT AGENCY - File R-153 1. RESOLUTION AUTHORIZING NEGATIVE DECLARATION FOR DISPOSITION AND DEVELOPMENT AGREEMENT WITH KUYKENDALL,EDWARD H. 11-263-20 (Fourth StreetsProperty) Chairman Mulryan declared the public hearing opened. There being no public input the public hearing was closed. RESOLUTION NO. 82-18 - AUTHORIZING NEGATIVE DECLARATION FOR DISPOSITION AND DEVELOPMENT AGREEMENT WITH EDWARD H. KUYKENDALL, ET AL (AP 11-263-20) (Fourth & "A" Streets Property) AYES: MEMBERS: Frugoli, Jensen, Miskimen & Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: Breiner 2. RESOLUTION DETERMINING AGENCY HAS COMPLIED WITH SECTION 33433 OF THE HEALTH & SAFETY CODE AND APPROVING DISPOSITION & DEVELOPMENT AGREEMENT WITH EDWARD H. KUYKENDALL, ET A AP -263-20 RA RESOLUTION NO. 82-19 - DETERMINING AGENCY HAS COMPLIED WITH SECTION 33433 OF THE HEALTH & SAFETY CODE AND APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT WITH EDWARD H. KUYKENDALL, ET AL (AP 11-263-20) (Fourth & "A" Streets Property) AYES: MEMBERS: Frugoli, Jensen, Miskimen & Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: Breiner CITY COUNCIL - File 2-7 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DETERMINING AGENCY COMPLIANCE WITH SECTION OF THECALIFORNIA HEALTH & SAFETY CODE REGARDING SA O EDWARD H. KUYKENDAIF, ET A AP 11-263-20) (RA(Fourth A Streets roperty Mayor Mulryan declared the public hearing opened. There being no public input the public hearing was closed. RESOLUTION NO. 6361 - DETERMINING AGENCY COMPLIANCE WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE TO EDWARD H. KUYKENDALL, ET AL (AP 11-263-20) (Fourth & "A" Streets Property) AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Chairman Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner The Council adjourned to their next regular meeting, to follow immediately. JEANNU.--LEONCINI, City er Agency Secretary APPROVED THIS 16 DAY OF 1982 1WRENCE Mayor of the City of San Rafael/ Agency Chairman *** *** *** *** *** *** *** *** 143 In the Council Chambers of the City of San Rafael, Monday, August 2, 1982, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Absent: Dorothy L. Breiner, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk 1. PRESENTATION BY KIWANIS CLUB AND MT. TAMALPAIS PARLOR 64, NATIVE SONS OF THE GOLDEN WEST, RE THIRD ANNUAL TOWN PICNIC AN PRA CM - i e - Frank Tallarida, representing the Kiwanis Club, and Rich Ronscheimer, representing the Native Sons, presented the City with a check for $700, which they requested be used toward the proposed branch library in the Terra Linda area. If the proposed library project is not carried out, the money is to go to the main library. Messrs. Tallarida and Ronscheimer requested permission for the 1983 Town Picnic and Parade to be held on Sunday, July 10, 1983. Mayor Mulryan expressed appreciation for the effort which went into the successful event and thanked the two organizations, on behalf of the City, for the donation. ADD ITEM INTRODUCTION OF NEW EXECUTIVE VICE-PRESIDENT OF THE SAN RAFAEL CHAMBER OF COMMERCE - File 119 Pat Tyrell -Smith, former president of the San Rafael Chamber of Commerce, introduced the new Executive Vice-president of the Chamber, Elaine Spillaine. The Council welcomed her on behalf of the City. CONSENT CALENDAR Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the recommended action on the following consent calendar items: Item 2. Approval of Minutes of Special Meetings of June 28 and 29, 1982 (CC) 3. Adoption of Resolution Requesting Buck Funds for Storm Damage (PW) - File 8-9 x 205 4. Amendment to 1981/82 Budget to Cover Additional Costs of Storm Emergency (Fin) - File 8-5 Recommended Action Approved as submitted. RESOLUTION NO. 6362 - APPROVING SUBMITTAL OF DOCUMENTATION TO THE SAN FRANCISCO FOUNDATION FOR POSSIBLE FUNDING OF FEMA INELIGIBLE ITEMS (Amount being requested $527,778.73) RESOLUTION NO. 6363 - AMENDING THE 1981/82 BUDGET (Appropriating $21,000 to cover storm related expenditures) 5. Statements of Disclosure - Planning Accepted Statements of Disclosure from Commissioner's Hoffmann and Willms Planning Commissioners Robert E. Hoffmann (CC) - File 9-4-4 and Maynard Willms. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 6. PUBLIC HEARING - REQUEST OF CITY ATTORNEY DUGGAN ON DISQUALIFICATION OF COUNCILMEMBER GARY FRUGOLI ON GRANGE APPEAL A - File -- x -- Mayor Mulryan opened the public hearing. There being no public input the public hearing was closed. Councilmember Jensen moved and Councilmember Miskimen seconded, to remove this item from the calendar, until such time as a reply is received from Legislative Counsel. A new public hearing date will be set at that time. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 7. PUBLIC HEARING - Z82-1 - TEXT AMENDMENT - PARKING STANDARDS OUTSIDE DOWNTOWN AREA (P1) - ie - Mayor Mulryan declared the public hearing opened. 144 Acting Planning Director Brook briefed the staff report, indicating that the proposed changes were recommended by the Planning Commission, and that the Commission also recommended certifi- cation of a Negative Declaration. Properties affected are outside the Parking Assessment District. Mayor Mulryan questioned the parking criteria for buildings under, or in excess of, 15,000 square feet. Mr. Brook pointed out that reduced requirements would be considered case by case, and specific uses would be looked at when actual plans come in. Mayor Mulryan expressed concern that there would be either very small buildings or very large ones because of that standard. Ray Swanson of the Bret Harte area reminded the Council that the idea of Redevelopment was to bring shoppers into San Rafael and that this should be remembered if the sales tax is to be upheld in the downtown area. There being no further public input the public portion was closed. After discussion, Council agreed to refer the study back to staff to review the 15,000 square foot building parking requirements, and the sizes of stalls which Council felt should not be enlarged, and to refer the study to the newly formed Downtown Parking District Advisory Committee. The public hearing was continued to September 7, 1982. 8. PUBLIC HEARING - REZONING (Z82-7): CHANGE IN ZONE DISTRICT FROM PUD -AP TO PUD -AP FOR CHANGE IN MASTER PLAN FOR ENLARGEMENT OF MARIN COVENANT CHURCH FACILITIES; 175 WORTH— REDWOOD.; WIR COVENANT.; AP 155-271-OF7RU-08. (PUD -AP is Planned Unit Development -Administrative Professional District P - i e 0-3 Mayor Mulryan declared the public hearing opened. Acting Planning Director Brook briefed the staff report, indicating that Marin Covenant Church has made application to revise their master plan and use permit approvals to allow an increase in floor area from 17,500 square feet to 42,000 square feet. This is due to creation of a lower level and enclosure of areas previously depicted as exterior walkways. The additional area is to be used primarily for weekend activities and would not result in an increase in peak hour traffic. The Planning Commission recommended the Council certify a Negative Declaration and approve the rezoning, with conditions to insure that church/school activities operate only on weekends, holidays, and weekday evenings so as not to aggravate parking or traffic. The City would retain the right to reopen the use permit if traffic problems develop in the future. Paden Prichard, representing the Marin Covenant Church, asked for a minor change in the con- ditions of approval, and that was limiting the use to between 6:00 PM and 8:00 AM. He stated there would never be a large number of cars, since they car pool. He asked that the hours be deleted from the conditions (which are Exhibit "A" in the proposed Ordinance). Mayor Mulryan then asked Mr. Prichard if he would be satisfied if the reference to hours is removed from the conditions, with that sentence reading, "A condition (condition c of UP73-82) was attached to the approval stipulating that the use of the church and classroom areas be limited to Saturdays, Sundays and holidays". Mr. Prichard agreed to that wording. There being no further public input, the hearing was closed. Councilmember Jensen moved and Councilmember Miskimen seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Councilmember Frugoli moved and Councilmember Miskimen seconded, to pass the Ordinance to print, as amended by deleting the reference to hours in Exhibit "A". 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 PUD -AP (Planned Unit Development - Administrative Professional) District to PUD -AP (Planned Unit Development -Administrative Professional) District (175 North Redwood Drive - Marin Covenant Church), and numbering Charter Ordinance No. 1437, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 145 PERSONS WISHING TO ADDRESS COUNCIL Re: Grove Hill - File 5-1-269 Elliot Bien, president of the Neighborhood 13 Association, addressed the Council, requesting that final adoption of Ordinance No. 1429, which rezoned the Grove Hill area from "U" (Unclas- sified) District to P -D (Planned Development) District, be reconsidered and an Environmental Impact Report be prepared. Mr. Bien informed the Council that a petition for a referendum is being circulated, and that within five days between 1750 and 2000 signatures have been obtained. He further stated that by Thursday of this week (August 5th) a petition with 10% of the registered voters (2,645), will be presented to the City. He feels this constitutes "serious public controversy" on the issue, and is the basis for an EIR. Mayor Mulryan inquired of Contract Attorney Paganucci what the effect would be on the develop- ment if the Council acts before the Ordinance is final on August 6, 1982. Mr. Paganucci replied that at this time if the Council wish to repeal the Ordinance they could do so, but they could also move to reconsider at this time. However, unless the Council determines to repeal the Ordinance after considering it, it would go into effect on August 6th. William King of 22 Chula Vista Drive spoke in favor of the development, stating that the only way Marin County can be developed is on the hills. Joan Baker of 2201 Fifth Avenue, expressed concern about the safety of the hill, stating that there should be more precautions taken about building on a potential landslide area. Dan Mardesich and John Collette, both of Quarry Road, felt that the density question should be explored further and that the homeowners should have an extension of time to allow them to complete their petition process. The Council unanimously agreed to place this matter on the agenda for August 16th, to recon- sider the Ordinance. Council asked staff to give them the background information on the Planning Commission discus- sions regarding Grove Hill, before the August 16th meeting. 9. SOUNDWALLS WEST OF HIGHWAY 101 (P1) - File 11-16 Council reviewed a staff report from Acting Planning Director Brook, giving a synopsis of the history of the Highway 101 noise barriers, and pointing up the fact that the City has been urging that CalTrans at least include barriers on the east side of the highway in the areas designated for the barriers. At first it appeared that funding may not be available for the entire project, but CalTrans staff has now indicated that funding will be available and that they will probably be recommending a noise barrier from the pedestrian overcrossing near Paloma to a point north of the Brookdale neighborhood. William King, who lives on San Rafael Hill, above the freeway, informed the Council that he had written to CalTrans, objecting to the fact that there seemed to be a possibility that there would only be walls on the East side, which would have a noise impact toward the west. He also suggested that CalTrans consider planting redwood trees to deflect the sound, rather than a wall, on both sides of the freeway. He is concerned that walls on both sides of the freeway will deflect the sound upward, to the hill on which he lives. Peter Johnson of 190 Coleman Drive, on San Rafael Hill, spoke in favor of the sound walls. Hal Chase spoke as a representative for attorney Stanley Feingold, whose office is at 2 Brookdale, stating that Mr. Feingold would grant an easement for the barriers rather than having them on the Southern Pacific property if CalTrans concurred, and felt that other nearby residents might also. Jack Govi, who resides at 1 Brookdale Avenue, could not be present, but Mr. Chase read a letter from him, speaking in favor of the sound barriers, and the granting of easements along back property lines to permit construction of the barriers. Kelley Reid of 340 Coleman Drive spoke in favor of the barriers. Paul Throop of San Rafael Manor, on Los Gamos Road in the Terra Linda area, mentioned that his area has not been discussed at this meeting, and Mayor Mulryan reassured him that that area of Highway 101 has not been overlooked. Councilmember Jensen moved and Councilmember Miskimen seconded, that a Resolution be adopted insisting that CalTrans include both East and West sides of Highway 101 in the sound barrier project, and that they be made of materials to result in an aesthetic effect. RESOLUTION NO. 6364 - INSISTING THAT NOISE BARRIERS ON BOTH SIDES OF HIGHWAY 101 BE INCLUDED IN THE PROPOSED HIGHWAY 101 HOV PROJECT TO PROTECT EXISTING RESIDENCES AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 146 10. LOCAL FUEL TAX INITIATIVE (AB 215) (PW) - File 9-4 Public Works Director Bernardi informed the Council that one of the requirements for imple- mentation of the ballot measure to add additional local sales tax on gasoline is that a Joint --� Powers Agreement be entered into between the County and all incorporated cities in the County. The agreement must specify an allocation formula acceptable to all parties. Mr. Bernardi noted for the Council that the Board of Supervisors has authorized the ballot measure of 3¢ per gallon, as opposed to the 54 recommended by the Public Works Directors. This means that San Rafael will receive approximately $1.5 million over the four-year life of the tax. RESOLUTION NO. 6365 - ENDORSING BALLOT MEASURE FOR USER FEE (THREE CENTS PER GALLON GAS TAX) INCREASE ON THE NOVEMBER, 1982 ELECTION AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner RESOLUTION NO. 6366 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/County of Marin - Joint Powers Agreement re Allocation of Revenues, Local Gas Tax Initiative - U per Gallon) AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 11. AGREEMENT WITH COUNTY OF MARIN RE FIRE ROAD GRADING (FD) - File 4-13-60 At the request of staff, this item was deferred to the August 16, 1982, meeting. 12. FINAL ADOPTION - ORDINANCE NO. 1435 - AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE, CHAPTER 10.08 ENTITLED"DOWNTOWN PARKING ADBUSINESS MRO EE AREA" C- File rU— CHARTER ORDINANCE NO. 1435 - Amending Title 10 of the San Rafael Municipal Code, Chapter 10.08 Entitled "Downtown Parking and Business Improvement Area", was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 13. FINAL ADOPTION - ORDINANCE NO. 1436 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTEDB R E BY SECTION E MUNICIPAF C A AAL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -C (PLANNED OMMUNI DISTRICT TO P -D PLANNED DEVELOPMENT DISTRICT 3825 Redwood Highway PW - File 10-3 CHARTER ORDINANCE NO. 1436 - 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 -C (Planned Community) District to P -D (Planned Development) District (3825 Redwood Highway), was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 14. DISCUSSION OF 1982/85 CAPITAL IMPROVEMENT PROGRAM (CM) - File 8-5 City Manager Beyer informed the Council that sales tax figures are still being developed, and that he would prefer to have the discussion of the Capital Improvement Program in conjunction with the sales tax figures, and with a full Council present. Council agreed to defer discussion until staff has the necessary information, and with a full Council. 15. ADOPTION OF 1982/83 BUDGET (Fin) - File 8-5 Councilmember Jensen asked City Manager Beyer if all salary negotiations have been settled, and Mr. Beyer informed the Council that Police, Management and Confidential salaries have not yet been determined. Mr. Jensen expressed the opinion that, in that case, the budget cannot be adopted at this time. Mayor Mulryan asked if there was a reason for adopting the budget now, and Mr. Beyer informed the Council that Finance Department is entering into a new computer program and it would have been more convenient to set up a Chart of Accounts at this time. 147 Council discussed the staff report showing proposed budget revisions as a result of previous budget discussions, with a revised budget total of $17,774,689, with the General Fund balance reduced by $443,523. Councilmember Jensen moved and Councilmember Miskimen seconded, to approve all items on the staff report so they can be included in the budget. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Council then agreed to have the Resolution adopting the budget brought back at the same meeting where the Police, Management and Confidential salary resolutions are brought up for approval. 16. REPORT ON STORM RELATED REPAIR WORK (PW) - File 8-9 x 205 Council considered a staff report from Public Works Director Bernardi, indicating that there are nineteen storm related Public Works projects which must be completed prior to this year's rains, which cannot be completed with present staff. Staff was informed by FEMA that in most cases engineering and drafting were eligible for FEMA funding within certain limits and pro- vided that FEMA had considered the particular project eligible itself. Staff has estimated that an additional engineer and draftsman will be required on a temporary basis for three to four months to work exclusively on FEMA approved storm repair projects. The cost for the two individuals is estimated at approximately $10,000. The funding sources for that amount are: $7,500 from FEMA; $1,000 from San Francisco Foundation; and $1,500 from City funds. There is a possibility of additional funds from the San Francisco Foundation, which could pick up the City's cost of $1,500. Councilmember Jensen moved and Councilmember Miskimen seconded, to approve the staff recommend- ation and authorize hiring of an engineer and a draftsman on a temporary basis for a period not to exceed four months, to perform design and plan preparation for FEMA approved storm related projects. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner ADJOURNMENT: File 109 Councilmember Jensen moved and Councilmember Miskimen seconded, to adjourn the meeting in memory of John Kenneth (Ken) Mazza, the City's Fire Marshal, who passed away on July 26, 1982, after many years of service to the City of San Rafael. AYES: COUNCILMEMBERS: Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner CLOSED SESSION File 3-1-705 Jensen, Miskimen & Mayor Mulryan Council adjourned to Closed Session to discuss pending litigation and labor negotiations, then reconvened in public and awarded $2,519.67 to Nora Sage, Claim No. 3-1-705. J�ANNE M. LEONCINI, Cify- Clerk APPROVED THIS 7 4 *** *** *** *** DAY OF , 1982 ., M111. 1290 A .A961 ,12 •� *** *** *** *** In Conference Room 201, San Rafael City Hall, Monday, August 16, 1982, at 7:10 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember RE: INTERVIEWS OF APPLICANTS FOR PARK AND RECREATION COMMISSION - File 9-2-4 Council met for the purpose of interviewing four additional applicants for the vacancy on the Park & Recreation Commission which was caused by the fact that Commissioner William A. Love did not seek reappointment on the expiration of his term at the end of May, 1982. The following applicants were interviewed on August 2, 1982: Irma Kay Karen Montgomery Linda Brandel i us Lynn Thompson The following applicants were interviewed at this time, as follows: Jim Mannion Richard J. Matthews, Jr. Jack Ryan Patrick J. Webb Councilmember Frugoli moved and Councilmember Jensen seconded, to appoint Richard J. Matthews, Jr., to the Park & Recreation Commission, for a term to expire the end of May, 1986. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The unsuccessful applicants were informed by the Council that their applications will be kept on file for future reference. J A ONC NI, City Clerk APPROVED THIS DAY OF 1982 7' MAYOR OFTHE ��O SAN AFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, August 16, 1982, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney CONSENT CALENDAR Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of July 19, and Special & Special Joint Meetings of August 2, 1982 (CC) 2. Change in Meeting Date Due to Holiday (Labor Day) to Tuesday, September 7, 1982 (CC) - File 9-1 Recommended Action Approved as submitted. Approved change in meeting date to Tuesday, September 7, 1982. 3. Appeal of Planning Commission Decision; s81-39, Two -Lot Subdivision; Bay Way; Dennis Horne, Owner; Arthur Lang Assoc., Rep.; Michael E. Woodson, Appellant; Albert Bianchi, Rep.; (AP 16-261-03 & 06) (P1) - File 5-1-279 4. Extension of Time for Completion of Improve- ments at Dominican Estates (PW) - File 5-1-259 5. Award of Contract - Slope Repair at Pearce Road, Project No. 01-450270(L) 1982 (PW) - File 4-1-320 6. Award of Contract - "C" Street & San Rafael Avenue Drainage Improve- ment Project No. 06-409307 1982 (PW) - File 4-1-319 8. Resolution Authorizing Execution of Supplement No. 4 for Federal Aid Assistance (PW) - File 4-10-66 10. Report on Northwestern Pacific Railroad Company Request to Abandon Right -of -Way through San Rafael (CM) - File 117 1-49 Set public hearing for Tuesday, September 7, 1982, at 8:00 PM. RESOLUTION NO. 6367 - EXTENDING TIME FOR COMPLETION OF IMPROVEMENT WORK IN DOMINICAN ESTATES SUBDIVISION, SAN RAFAEL, CALIFORNIA (To and including August 19, 1983) RESOLUTION NO. 6368 - AWARD OF CONTRACT (Slope Repair at Pearce Road, to Maggiora & Ghilotti, low bidder, at $20,960) RESOLUTION NO. 6369 - AWARD OF CONTRACT ("C" St. & San Rafael Ave. Drainage Improvements - to Whitmire & Sons, low bidder, at $13,745) RESOLUTION NO. 6370 - AUTHORIZING EXE- CUTION OF SUPPLEMENT NO. 4 TO LOCAL AGENCY -STATE AGREEMENT NO. 04-5043 FOR "PROGRAM OF LOCAL AGENCY FEDERAL -AID EMERGENCY RELIEF PROJECT IN THE CITY OF SAN RAFAEL", MARIN COUNTY, CALIFORNIA Endorsed formation of a task force, with goal of obtaining public ownership of NWP rights-of-way through Marin Co., for public transportation as set forth in Countywide Plan. Accepted report. 11. Status Report on Evening Hours for Childrens' Accepted report that new night-time hours Library (Lib) - File 9-3-61 for Childrens' Library have been very successful and will be continued. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED:COUNCILMEMBERS: Breiner (Only from approval of Minutes of August 2, 1982) 7. AWARD OF BID - PUBLIC WORKS MATERIALS FOR FY 1982/83 (PW) - File 4-2-169x125 Council considered a staff report recommending that Council authorize issuance of purchase orders to Shamrock Materials, Inc.; McPhail's, Inc.; and Basalt Rock Co., Inc., respectively, for Public Works maintenance materials for FY 1982/83. Councilmember Breiner questioned the advisability of awarding a bid to a company - namely Shamrock Materials, Inc., who are ignoring the City's rules by having an illegal sign. Public Works Director Bernardi informed the Council that the Code Enforcement Officer is taking steps regarding the illegal sign, and sent notification today regarding the violation. Councilmember Miskimen moved and Councilmember Jensen seconded, to approve the staff recom- mendation and authorize issuance of purchase orders to Shamrock Materials, Inc.; McPhail's, Inc.; and Basalt Rock Co., Inc., respectively, for Public Works maintenance materials for FY 1982/83. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None It was recommended by Councilmember Breiner that Shamrock Materials be informed of the Council's discussion regarding their illegal sign, and asked to comply quickly with the City's Sign Ordinance. 9. STATUS REPORT ON FRANCISCO BOULEVARD EAST PROJECT (PW) - File 6-34 Council discussed the staff report, which indicated that Quico Corporation is behind schedule in constructing the improvements on Francisco Boulevard East, which is scheduled for completion by November 13, 1982. Public Works staff has been following the progress very closely, and has directed him to rectify his shortcomings with respect to lack of planning and coordination, resulting in a very untidy looking job. The contractor has already fired one of his subcon- tractors and hired a new one. Staff was asked by Council to continue close follow-up inspections. 150 12. CLAIMS FOR DAMAGES - WILMA R. GIBBONS (PW) - File 3-1-697 Council agreed to discuss this claim in closed session at the end of this meeting. (Not discussed.) 13. PUBLIC HEARING - PRE -ABATEMENT PUBLIC HEARINGS RE ALLEGED ILLEGAL UNITS AT 401, 405 AND SRE, SAN RA E - File3-3-30 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, indicating that since 1980 the Planning staff has been investigating and striving to resolve the matter of alleged illegal units at the three properties in question, which are all under common ownership. Staff has concluded that there are illegal units at all three properties - two at 401 "D" Street, two at 405 "D" Street, and one at 511 "D" Street - and that necessary building and planning permits have not been secured by the present owners; also, that the development does not conform to City zoning and building requirements. The owners contend that the properties are legally noncon- forming and provide affordable housing. Unlike the many other cases involving alleged illegal units in the past years, staff has not been able to resolve this matter with the property owners, and it was noted that the course of action taken by the Council in this instance is expected to set an important precedent for City policy on alleged illegal units. According to the City's records, no Residential Building Report (RBR) was made on either 401 or 405 "D" Street, although an RBR was done in 1978 on 511 "D" Street, prior to the Loder/ Ussery purchase of the property. The RBR noted an illegal unit in the basement, which was presumably removed at the time of sale. Records indicate that no building permits, use permits or design review have been issued for 511 "D" Street, and the Assessor's Records have always indicated single family use. Three units currently exist, one of which is alleged to be illegal, and parking needs to be provided for the second unit. Attorney Sanford Jay Rosen, representing the owners of the property in question, stated his opinion that the time for a decision is premature, and cited his Memorandum of Points and Authorities in Opposition to Abatement, which he had provided to the City. Wendy Feldman, who has handled the rentals for Lawrence Loder, one of the owners of the properties, spoke against the abatement, indicating the need for affordable housing and the fact that this is quality housing. Mayor Mulryan asked if the small buildings at the rear of 401 and 405 "D" Street were living quarters, and Ms. Feldman replied that all living units are contained within the two houses. Christina Knudson of 511 "D" Street, who is with the Board of Realtors and who resides in the alleged illegal unit in the basement, praised Mr. Loder as a very good landlord who always takes care of the necessary repairs when reported, and stressed the need for affordable housing. Chris McAliley, Law Clerk with Rosen & Remcho, stated she had spoken with Al Santinello, a former building inspector for the City of San Rafael, who indicated that there had been an inspection of 401 "D" Street in 1977. He had also stated that the building inspectors relied on realtors' reports on the number of units in a building, and concerned themselves with Building Code violations in their inspections. Mr. Rosen then addressed the Council, pointing out that his position and that of his clients, is contrary in many respects to the City's, stating that decent, affordable housing is being provided and that they are willing to do whatever is necessary to bring the properties within the law. Anise Turina, speaking as a private citizen, informed the Council that she had inspected one of the units at 401 "D" Street, and found it extremely adequate for a single person, being spacious and in good quality. She urged the Council to let the owners correct any discrep- ancies, and keep the units. Bill Pryor, Hugo Landecker and Steve Patterson, all of the Gerstle Park Homeowners' Asso- ciation, expressed serious concerns regarding parking and traffic problems, and indicated that a decision to allow these units would be a flagrant disregard for the Gerstle Park Neighborhood Plan and would open the flood gates for vast numbers of illegal units throughout the City. Attorney Rosen indicated to the Council that his clients are willing to address the issue of offstreet parking. Mayor Mulryan declared the public portion of the hearing closed, there being no further public input. Council then discussed the issues and agreed to ask staff to research the dates of transfer of the properties and look into the offstreet parking situations for all three properties. Staff was also asked to study Attorney Rosen's written presentation and prepare a complete report for the Council, to be presented at the next Council meeting. 151 Mayor Mulryan then continued the public hearing to September 7, 1982. 14. PUBLIC HEARING - ESTABLISHMENT OF A RECYCLED MATERIALS COLLECTION PROGRAM WITHIN SAN RAFAEL i e - =- Mayor Mulryan declared the public hearing opened. Contract Attorney Bullard briefed the Council on the legal procedures for establishing the Marin Recycling & Resource Recovery Association, including adoption of an Ordinance adding a chapter to the Municipal Code in Title 9, "Health and Sanitation", entitled "Recycled Mate- rials Collection"; adoption of a Resolution designating Marin Recycling and Recovery Associ- ation as Franchisee for recycled materials collection and authorizing the execution of a contract for the purpose of providing collection services; and an amendment to the Agreement with Marin Sanitary Service imposing a $.54 charge per residential unit for recycled mate- rials collection. Mayor Mulryan asked Mr. Bullard if this is a legal fee, and Mr. Bullard replied that this is not a special tax, and does not require a three-fourths majority vote. It is not anti-trust. He pointed out that there was a similar case in Glendale, and the fee was upheld. Council then heard from Joe Garbarino, speaking for Marin Sanitary Service as agent for the Marin Recycling & Resource Recovery Agency, who gave a brief history of the organization and introduced Ted Weldman of the Conservation League, and who is Chairman of the Solid Waste Management Committee. Mr. Weldman spoke in favor of the recycling operation, since recovery of reusable materials is an important factor in conservation, and added that in his opinion the 54c/user fee is minor considering that many people will be able to reduce the number of their garbage cans from two to one. Henry John Lacaze, who is working on his Masters thesis at San Francisco State, made a pre- sentation with the aid of charts, showing that the San Rafael operation is operating at one- third of the cost of a similar operation in the Fresno area, although the tonnage in the San Rafael operation is three times as much as Fresno. Robin Marks, who works for the Marin Citizens for Energy Planning on a recycling education program, stated projections about local land fills, and the effect the recycling will have on preserving the land fills for a longer time by lessening their use. He supported the surcharge. Fielding Greaves, president of Marin United Taxpayers Association (MUTA), spoke in opposition to the 54¢ fee, and to oppose the Resolution of Intention for reasons which he stated in detail, feeling that the service should not be mandatory but selective, is for a private person's profit, and contains monopoly aspects. He also stated that there should have been a normal bid process in this matter, and also expressed concern that this 54¢ charge can be increased because there is no 'sunset clause'. Ray Swanson of the Bret Harte area objected to the program, as did Col. Walter Filler of the Irate Taxpayers of Marin. Col. Filler also stated that his group supports recycling, but does not support the manner in which it it being administered. They feel it is a private industry coming to the City for subsidies. Gale Fisher, representing The Group, protested several aspects of Resolution No. 6357, the Resolution of Intention, stating that such a contract service should be based upon submission of sealed bids rather than by award of contract as is being done. Mandatory service is another point to which The Group objects. The Group also feels that the 54¢ could not be imposed without a two-thirds vote of the people, under the terms of Proposition 13, and that if imposed it should have a sunset clause. Mayor Mulryan informed Mrs. Fisher that, according to the City's Contract Attorney, there is no violation in the 54¢ fee, since it does not come under the Proposition 13 regulations. Clifford Elbing expressed the opinion that the recycling should be on a voluntary basis, not mandatory, and also felt that restaurants, hotels and motels should be included, not just private residences. Ben Ostlund also spoke in favor of deleting the mandatory provision. There being no further public input, the public hearing was closed. After discussion Councilmember Breiner moved and Councilmember Miskimen seconded, to pass the proposed Ordinance to print, amended to delete the words "and used by" on page 2 of the Ordin- ance, Sec. 9.18.040, and with the following paragraph amended to provide consistency. An Ordinance of the City of San Rafael, Amending Title 9 (Health and Sanitation) of the San Rafael Municipal Code by Adding Chapter 9.18, "Recycled Materials Collection", Thereto, and numbering Charter Ordinance No. 1438, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None 152 RESOLUTION NO. 6371 - DESIGNATING MARIN RECYCLING & RESOURCE RECOVERY ASSOCIATION AS FRANCHISEE FOR RECYCLED MATERIALS COLLECTION AND AUTHORIZING THE EXECUTION OF A CONTRACT WITH MARIN RECYCLING & RESOURCE RECOVERY ASSOCIATION FOR THE PURPOSE OF PROVIDING SERVICES FOR THE COLLECTION OF RECYCLED MATERIALS WITHIN THE CITY AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the contract between the City of San Rafael and Marin Recycling & Resource Recovery Association (MRRRA) establishing the recycled materials collection program and setting the rate therefor, and include within that contract a provision for review of the 54� surcharge in one year. Under question, the wording with regard to review of the contract was revised to provide for review at the time the audited financial statements of the Marin Sanitary Service and the MRRRA are available for review, after December 31, 1982. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None 15.a.PUBLIC HEARING - REZONING (Z82-6): ZONE DISTRICT CHANGE FROM R-3 (MULTIPLE FAMILY RESI- SAL ATION ARMY; 354 FOURTH ST. AND 351 MISSION AVE.; TRUST FOR JAMES E. & JOHN R. LUNDGREN, OWNER; SALVATION ARMY, APPLICANT; R R NELSON, REP.; A 14-092-U9, - File 10-3 x - b.PUBLIC HEARING- APPEAL OF USE PERMIT (UP82-34) AUTHORIZING COMMUNITY CENTER AND THRIFT SHOP FOR SALVATION ARMY AND RESIDENTIAL USES; 354 FOURTH STREET AND 351 MISSION A ENUE, AP -092-09, 14, 15 & T6,JAMES E. LUNDGREN, SR., APPELLANT P - File 10-3 x -5 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council on the proposed rezoning to permit the Salvation Army to construct a community center and thrift shop. She stated that the Planning Commission had also conditionally approved a Use Permit for the facility. Roger Nelson, representing the Salvation Army, stated it is very near the end of the escrow period, and asked that the Council approve the rezoning. Colonel Ray Robinson, Division Com- mander for the Salvation Army, informed the Council that the services being proposed for the site will not duplicate other services within the community. They will, as part of their operation, be providing a referral service for families, to other social service facilities within the Bay Area. James E. Lundgren, Sr., stated that the property in question has been in his family since 1880, and he asked the hearing be put off at this time since his attorney is away. He stated that the action being proposed is illegal because he has appealed the court-ordered sale of the property and his appeal has been accepted. He stated he has tried to develop the property but for various reasons has been unable to do so. He further stated that when he gets through the legal differences with his brother he wants to establish a food processing business on the site. He stated he is executor of his father's estate and that his father did not want the property sold. He would prefer not to have it rezoned since it would hurt his chances of developing a business on the site. He is presently operating the Green Pine Nursery, and sells used furniture and cheese, but wishes to start making ice cream and cheese. Councilmember Jensen asked if the property is in litigation at present, and Mr. Lundgren replied in the affirmative. He stated that Superior Court Judge Breiner ordered the property sold, and he had appealed in May. Councilmember Breiner left the meeting at this point, stating that since Judge Breiner had ordered the property sold she may possibly have a conflict. Joe Assiano then informed the Council that he is the court-appointed referee for the sale of the property. He stated that he had a letter from Attorney Albert Bianchi on behalf of John Lundgren, James Lundgren's brother, stating that the appeal period had lapsed regarding the Superior Court ruling, because the ruling was made in February 1981 and the appeal period is 60 days. He further stated that the property had been on the market since June 1981 and the offer from the Salvation Army was received in 1982. He said the court confirmed the sale to the Salvation Army. City Attorney Duggan informed the Council that the effect of the sale would be stayed because of an appeal, if the appeal is valid. Mr. Duggan stated that this would not preclude the City rezoning the property in the meantime. 153 Mr. Lundgren expressed the opinion that the effect of rezoning would be to put him out of bus- iness, but he was assured by Mayor Mulryan that this proposed rezoning would not be effective except if the sale to the Salvation Army goes through. However, to do it at this time would expedite the Salvation Army project if the sale is finalized. Mrs. James Lundgren expressed her concern over the parking situation in the area, if the Salva- tion Army project goes through. There being no further public input, the hearing was closed. Councilmember Miskimen moved and Mayor Mulryan seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS: Breiner Motion failed. Roger Nelson informed the Council that if Mr. Lundgren's appeal is valid, and the appeal process takes the usual two years, it would result in no sale. After further discussion, Councilmember Frugoli moved and Councilmember Jensen seconded, to certify the Negative Declaration. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Councilmember Miskimen moved and Councilmember Jensen seconded, to pass the Ordinance to print, with a condition being added that the rezoning is to take effect upon the sale of the property, or a court decision on the appeal not being valid, whichever comes first. 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 R-3 (Multiple Family Residential) and C-2 (General Commercial) Districts to P -D (Planned Development) District (354 Fourth Street and 351 Mission Avenue), and numbering Charter Ordinance No. 1439, was read, introduced and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Councilmember Miskimen then moved, and Mayor Mulryan seconded, to deny the appeal regarding the Use Permit. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner (Councilmember Breiner returned) City Attorney Duggan was asked to write the Fair Political Practices Commission to get a clear ruling involving a case of the type involving Councilmember Breiner, as to whether there was a conflict, or appearance of bias, because of a court order or ruling by Judge Richard Breiner. 16. PUBLIC HEARING - CONSIDERATION OF COMPUTERIZED RIDER INFORMATION SYSTEM (CRIS) DESIGN AND FEASIBILITY PROJECT AND APPLICATION FOR UMTA FUNDS - File -- (Councilmember Miskimen left meeting) Mayor Mulryan declared the public hearing opened. City Manager Beyer briefed the Council on the program, informing them that the City has made an application to UMTA for funds to research and develop the feasibility of Unique Computerized Rider Information System (CRIS). If successful, CRIS has the potential to substantially improve travel in San Rafael in the long term. The application procedure requires a public hearing on the project, and a resolution of endorsement from the Council. Detailed staff analysis, as part of the application process, has revealed that the proposed "in kind" services to be used as matching funds required by UMTA will reduce normal City services unless a supplemental budget is approved. Staff is therefore recommending that, after the public hearing and discussion, Council adopt a proposed resolution supporting the project if the Council can approve an addi- tion to the Public Works budget of $10,000 to provide parttime help and software which will allow Public Works staff to maintain their existing level of service on regular projects, and administer this special project. Pat Tyrell -Smith, who has been interested in this project, stated he would not like to see the City spend $10,000, and that "in kind" services should take care of the City's obligation. There being no further public input the public hearing was closed. 154 Council discussed the matter, and agreed that the Resolution be amended to delete reference to the monetary contribution by the City, but to retain the wording regarding "in kind" services. RESOLUTION NO. 6372 - SUPPORTING AN APPLICATION TO UMTA FOR FUNDS TO DEVELOP A CRIS AND COMMITTING TO PROVIDING IN KIND SERVICES BY CITY STAFF AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 17. AMENDMENT TO THE MUNICIPAL CODE TO AUTHORIZE CERTAIN CITY EMPLOYEES TO ISSUE INFRACTION CITATIONS FOR VIOLATIONS OF DESIGNATED CODE SECTIONS P - File 0 - This item continued to the September 7, 1982 meeting, at request of staff. 18. NUISANCE ABATEMENT PROCEEDING RE BANNER AT 811 FRANCISCO BLVD. (SOFABED CONSPIRACY) (Ref: Municipal Code Sec. - FileJ-J-Jb Planning Director Moore briefed the Council on the illegal banner, stating that all staff efforts to have the banner removed have met with negative results. Therefore, staff was directed by the Council to agendize the item as a nuisance abatement proceeding. A Resolution ordering abatement has been prepared for Council approval. Kenneth Schmier, owner of the Sofabed Conspiracy, expressed his opinion that he has a right to have the banner, defended his constitutional right of free speech, and indicated he objects to the City's intention to abate the banner. After discussion Councilmember Jensen moved, and Councilmember Breiner seconded, to adopt the Resolution ordering abatement of the banner. RESOLUTION NO. 6373 - ORDERING ABATEMENT OF PUBLIC NUISANCE (Banner at Sofabed Conspiracy, 811 Francisco Boulevard) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen (Councilmember Miskimen returned) 19. COUNCIL REQUEST TO DISCUSS RECONSIDERATION OF ORDINANCE NO. 1429 RE GROVE HILL (CM) - File5-1-2-6-9 City Manager Beyer noted that the Council had asked that this item be on the agenda at this meeting for discussion of whether they should reconsider Ordinance No. 1429, regarding Grove Hill. In the meantime, staff has furnished Council with additional background information on Planning Commission actions. After discussing the various issues, Mayor Mulryan moved and Councilmember Breiner seconded, to reconsider Ordinance No. 1429. AYES: COUNCILMEMBERS: Breiner, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Jensen ABSENT: COUNCILMEMBERS: None Elliot Bien, president of the Neighborhood 13 Association, addressed the Council on the issue of reconsideration. He asked they consider the safety of people, safety of property, and the Neighborhood Plan. He stated that a significant number of registered voters - totalling 2,513 - had signed the petitions against rezoning of the area, and in his estimation the only way to proceed is with an EIR. Brent Dickens, architect for Grove Hill, informed the Council that the soils and slide repair work have to be done this summer, and if delayed any longer it would cause great problems. He said the best soils and geotechnical people have given their reports. Gayle Mills of Sun Valley urged reconsideration, stating that the housing resource areas have been ignored in the plan. After discussion, Council agreed unanimously and without motion, to reaffirm final adoption of Ordinance No. 1429, and asked staff to follow the development very closely. (Councilmember Jensen left meeting) 20. APPROVAL OF SCULPTURE FOR ALBERT PARK ENTRANCE (Rec) - File 4-10-157 Kerrie VanderMeer of Inter -Arts of Marin, presented a scale model of the sculpture which was chosen by the panel of judges for placement at the entrance to Albert Park. It is titled "A -But -Ment" and was created by Merrill Stigge. 7 155 RESOLUTION NO. 6374 - APPROVING SCULPTURE FOR ENTRYWAY TO ALBERT PARK AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 21. AGREEMENT WITH COUNTY OF MARIN RE FIRE ROAD GRADING (CA) - File 4-13-60 Council reviewed the new agreement for fire road grading, which was modified to meet their requirements. The new agreement limits the grading to areas designated by the City, and allows an inspection of grading sites with County officials before and after grading. It also provides the City the right to require all unsatisfactory work to be repaired to the City's specifi- cations. Also, the agreement specifies the length of the agreement which will be for one year. RESOLUTION NO. 6375 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (With County of Marin, re Fire Road Grading) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 22. APPROVAL OF REVISED RENTAL RATES AND RULES & REGULATIONS FOR: (Rec) - File 9-10-2 a. San Rafael Community Center b. Terra Linda Recreation Center Recreation Director Jauch presented the proposed revisions in fees, informing the Council that nonresident fees have been dropped, and there will be no difference in fees for residents and nonresidents. Staff feels that in this way they can attract a broader market and eliminate some dead time. (Councilmember Jensen returned) Councilmember Breiner questioned the charge for the patio at the San Rafael Community Center, feeling that there should be no charge except if bars are set up, thereby creating more cleanup time. Councilmember Frugoli recommended that the new $30 charge for the patio should be eliminated entirely. Mr. Jauch explained that if people simply use the patio for smoking there is no charge. Council agreed that the charge for the patio should be reduced from $30 to $15. Councilmember Breiner moved and Mayor Mulryan seconded, to adopt the Resolution approving the new rental rates and Rules & Regulations, with the fee for the patio at the Community Center changed to $15. RESOLUTION NO. 6376 - APPROVING CHANGES IN RENTAL RATES AND RULES & REGULATIONS AT THE SAN RAFAEL COMMUNITY CENTER AND THE TERRA LINDA RECREATION CENTER AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. RESOLUTION ADOPTING PARTTIME MOU (CM) - File 7-8-4 x 7-3 City Manager Beyer informed the Council that the permanent parttime employees organized this year and the result was a Memorandum of Understanding between the City of San Rafael and the Permanent Parttime Unit of Miscellaneous Employees, which is being presented for Council ap- proval. It includes one-year contracts for Child Care employees, and provision that permanent/ parttime employees who hold positions which have fulltime equivalent positions will hereafter be represented as part of the MAPE miscellaneous group and receive prorated benefits and rights accorded to fulltime employees. RESOLUTION NO. 6377 - PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR CHILD CARE PROGRAM PERSONNEL AND PERMANENT PARTTIME EMPLOYEES (Effective September 1, 1982) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. STATUS REPORT RE CONSTRUCTION OF HOV LANE ON HIGHWAY 101 FROM MISSION AVENUE TO MILLER CREEK INTERCHANGE CM - File -1 Council reviewed a staff report indicating that CalTrans is proceeding with the necessary public review to enable them to proceed with construction of a High Occupancy Vehicle Lane on Highway 101, and are currently circulating a Negative Declaration for public review and comment. The project as currently proposed is a separated reversible HOV Lane. Staff is recommending that the Council endorse the design, which provides a potential connection between the HOV project and the local street system. 156 Councilmember Breiner moved and Mayor Mulryan seconded, to endorse the design as presented. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. FINAL ADOPTION - ORDINANCE NO. 1437 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PUD -AP PLANNED UNIT DEVELOPMENT - ADMINISTRATIVE PROFESSIONAL DISTRICT TO PUD -AP PLANNED UNIT DEVELOPMENT - ADMINISTRATIVE PROFESSIONA DISTRIC - 175 NORTH REDWOOD DRIVE, MARIN COVENANT CHURCH) - F17 -e - Paden Prichard, representing the Marin Covenant Church, expressed concern that, as printed, Exhibit "A" of the Ordinance limits use of the facility to Saturdays, Sundays and Holidays. Planning Director Moore informed the Council that the weekday use has always been implied, and will be covered in the Use Permit issued to the Marin Covenant Church. CHARTER ORDINANCE NO. 1437 - 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 asl to Reclassify Certain Real Property from PUD -AP (Planned Unit Development - Administrative Professional) District to PUD -AP (Planned Unit Development - Administrative Professional) District - 175 North Redwood Drive, Marin Covenant Church, was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. STATUS REPORT ON DISCUSSIONS WITH COUNTY CSA 13 AND 19, AND MARINWOOD CSD RE PARAMEDIC SERVICE C - File 4-13-56 City Manager Beyer informed the Council that a meeting was held recently with representatives of Marinwood CSD, CSA 13 and CSA 19, to discuss the need for higher Paramedic taxes. There was no agreement from the group to support an increase in the Paramedic tax at this time. It now appears that the matter will be on the March 1983 ballot, rather than November. Staff intends to meet with representatives again, regarding the raise in the annual fee from $12 to $19, so the representatives may work on educating the public regarding the rate increase. After discussion Councilmember Miskimen moved and Councilmember Breiner seconded, to approve staff recommendation to support a Spring election, and direct staff to negotiate an agreement with Marinwood CSD, CSA 13 and CSA 19 and County of Marin, which would clarify levels of service and costs for Paramedic service. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Ron Marinoff, representing CSA 13, and Walter Dods, president of Marinwood CSD, asked that they be included in any discussions on the subject, and Mr. Beyer promised to keep them advised. 27. APPLICATION FOR CERTIFICATE OF CONVENIENCE FOR LIMOUSINE SERVICE (Fin) - File 9-9 Finance Director Coleman recommended to the Council that they grant a Certificate of Convenience to Starfleet Limousine Service, Inc., subject to the provisions of Sec. 10.60 of the Municipal Code, including background investigations of the owner, Larry Fuls and his drivers. Ted Remak, owner of Sausalito Limousine Service, stated he has been storing cars in San Rafael, but was not able to get a license here. He was not aware that West Coast Limousine Service had gone out of business, and wanted to be considered for a permit to operate. Heinz Neumann, the other limousine service operator in San Rafael, informed the Council that he doubts if there will be enough business for the two firms. Councilmember Breiner suggested that the matter be referred to staff to see how many limousine firms the area should have in order for all to do well. Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the staff recommend- ation to grant the Certificate of Convenience subject to background checks of all individuals concerned, and compliance with provisions of Section 10.60 of the Municipal Code. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None Councilmember Breiner stated she feels the permit should not be granted until the needs of the community for additional service are known. 157 28. THE COTTAGE; 1120 NYE STREET; REQUEST TO CONVERT TO OFFICE USE (P1) - File 10-3 Council reviewed a staff report indicating that questions have been raised about the possibility of converting "The Cottage" at 1120 Nye Street to office use. The building has been vacant for the past year; prior occupancies included a hospital, a convalescent facility, and a boarding house type use for elderly residents. The Wareham Group currently proposes to convert the building to low intensity office uses. Staff is requesting the Council to resolve the general questions about the application of various Housing Element policies. Mayor Mulryan stated he feels the question is one of economics, and whether insisting on housing would mean no development at all. He noted that several attempts were made by Ecumenical Association for Housing to purchase the property for housing, but all attempts so far have failed. Jim Barchewski, speaking for the proposed developers, stated that the R-3 Zoning is the over- riding factor, when most of the neighborhood is commercial use. After discussion Councilmember Miskimen moved and Councilmember Jensen seconded, that staff be authorized to accept any offer of office, or medical office, use for the building at 1120 Nye Street. AYES: COUNCILMEMBERS: Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None Councilmember Breiner stated she would prefer to wait and see if there is any potential for residential use of the property. 29. CONSIDERATION OF PROPOSAL TO SAN FRANCISCO FOUNDATION RE ENDOWMENT FUND FOR ONGOING MAINTENANCE OF LOCAL AND COUNTY PARKS, TRAILS AND OPEN SPACE Rec - File 4-13--61— Council - - Council reviewed a staff report from Recreation Director Jauch, regarding a request from Pierre Joske, Director of Parks and Recreation for the County of Marin, asking to discuss a proposal whereby a joint grant request would be submitted to the San Francisco Foundation to establish a special endowment to fund ongoing maintenance of local and County parks, trails and open space. RESOLUTION NO. 6378 - AUTHORIZING STAFF TO WORK WITH COUNTY OF MARIN IN DEVELOPING A JOINT GRANT PROPOSAL TO SAN FRANCISCO FOUNDATION (For endowment fund to assist in operation and maintenance of local and County parks, trails and open space) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 30. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Due to the lateness of the hour, this item was continued to September 7, 1982. CLOSED SESSION 31. Council adjourned to Closed Session to discuss labor negotiations and potential litigation. 1 &EANNE M. LEONC NI, City Clerk APPROVED THIS % *Z DAY OF 1982 I 158 In Conference Room 201, San Rafael City Hall, Tuesday, August 24, 1982, at 7:00 PM. Special Meeting: Also Present: Robert F. Beyer, City Manager CLOSED SESSION Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember RE: DISCUSSION OF LABOR NEGOTIATIONS AND PENDING LITIGATION - File 7-1 x 9-1 The City Council met in closed session to discuss labor negotiations and pending litigation. No action was taken. APPROVED THIS ( DAY OF 1982 AYOR OF THE CI OF�SANRAF EL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Tuesday, September 7, 1982, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of August 2, and Special & Regular Meetings of August 16, 1982 (CC) 2. Award of Bid - Reconditioning of 1958 American La France Aerial Ladder (FD) - File 4-2-167 3. Extension of Time - Ceccotti Tract, East San Rafael (PW) - File 5-1-257 4. Award of Contract - Jewell St. Storm Drainage Improvements (PW) - File 4-1-321 5. Resolution Authorizing Mayor to Execute Agreement for 90 -Day Extension - Tiscornia Marina (P1) - File 12-20 x 10-2 A Recommended Action Approved as submitted. Approved staff recommendation to award bid to American La France, low bidder @ $89,821.99. An additional $900 to be allocated from Equipment Rental Fund for cost of travel to American La France plant for quality control. RESOLUTION NO. 6379 - EXTENDING TIME FOR COMPLETION OF IMPROVEMENT WORK IN THE CECCOTTI TRACT SUBDIVISION, SAN RAFAEL, CALIF. (To and including September 1, 1983) RESOLUTION NO. 6380 - AWARD OF CONTRACT - JEWELL STREET STORM DRAINAGE IMPROVEMENT, PROJECT NO. 19-409604 (To Aldrich Bros. Pipeline, low bidder, $26,040) RESOLUTION NO. 6381 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Waller Associates representing Tiscornia Estate Co. & Santa Barbara Savings & Loan, 90 -day extension of October 19, 1982 time limit) 6. Award of Contract - Storm Damage Repair of San Pedro Seawall & Cleaning of Drainage Channel (PW) - File 4-1-324 7. Request for Authorization to go to Bid for Janitorial Maintenance for City Hall and Library (GS) - File 4-3-95 9. New Energy Regulations (PW) - File 180 x 1-6-8 10. Request to Close One -Half Block of Mission Ave. on Sunday, September 12, 1982, for Third Annual Falkirk Folk Festival (Cult Aff) - File 11-19 12. Appeal of Mandated Requirements for Handicapped Access - 2022 Fourth St. (PW) - File 13-1-1 13. Claims for Damages: (PW) a. State Farm Insurance (Insured, David Landgraf) - File 3-1-693 b. Wilma R. Gibbons - File 3-1-697 c. Charlene Afremow - File 3-1-706 d. Jeffrey J. Werner - File 3-1-707 14. Status Report on Northwestern Pacific Railroad Abandonment of Right -of -Way Task Force (P1) - File 117 159 RESOLUTION NO. 6382 - AWARD OF CONTRACT - STORM DAMAGE REPAIR OF SAN PEDRO SEAWALL & CLEANING OF DRAINAGE CHANNEL, PROJECT NO. 01-0198886050 (To W. R. Forde Construction Co., low bidder, $29,800) Approved staff recommendation to call for bids for janitorial services for City Hall and Library. Accepted report on new energy regulations re stringent requirements on insulation and energy conservation. Approved staff recommendation. Public Hearing set for Monday, September 20, 1982. Approved R. L. Kautz & Co. recommendations for denial of claims. Accepted report re Task Force meetings of June 7 and August 18, 1982. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED:COUNCILMEMBERS: Breiner (Only from approval of minutes of meeting of August 2, 1982) 8. APPROVAL TO PROCEED TO HIRE ASSISTANT CITY ATTORNEY (CM) - File 9-3-16 x 4-3-86 Council reviewed a staff report from City Manager Beyer, recommending that Council proceed with interviews for an Assistant City Attorney. The report also pointed out that the contract with Bullard & Paganucci was extended to the end of September 1982. Council discussed the matter and agreed that to be fair the applicants for the Assistant City Attorney position should be interviewed, and that after interviews are completed the Council can decide whether to hire one of the candidates or continue with the contractual arrangement with Bullard & Paganucci which has admittedly been very successful. Councilmember Jensen moved and Councilmember Miskimen seconded, to interview applicants for the position of Assistant City Attorney and then decide whether to hire one of the candidates, or extend the contract with Bullard & Paganucci. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. RESOLUTION DECLARING THAT PUBLIC CONVENIENCE REQUIRES THE LICENSING OF STARFLEET LIMOUSINE SERVICE Fin - File 9-9 Councilmember Frugoli inquired of Police Chief Ingwersen whether the background check has been completed on Larry Fuls, owner of Starfleet Limousine Service. Chief Ingwersen replied that it has not yet been received. Councilmember Jensen then moved and Councilmember Breiner seconded, to adopt the Resolution issuing the Certificate of Convenience to Starfleet, contingent upon receipt of a satisfactory background report on Larry Fuls. RESOLUTION NO. 6383 - ISSUING A CERTIFICATE OF CONVENIENCE AND NECESSITY TO STARFLEET LIMOUSINE SERVICE (Contingent upon results of background check on owner Larry Fulls) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 160 15. PUBLIC HEARING - PRE -ABATEMENT PUBLIC HEARINGS RE ALLEGED ILLEGAL UNITS AT 401, 405 & 511 "D" STREET, SAN RAFAEL P - File 3-3-37 Mayor Mulryan opened the public hearings and continued them to Monday, September 20, 1982, at request of property owners' attorney. i 16. PUBLIC HEARING - APPEAL FROM ACTION OF PLANNING COMMISSION, ON BEHALF OF MICHAEL E. WOODSON;' s81-39, TWO -LOT SUBDIVISION; BAY WAY; DENNIS HORNE, OWNER; ARTHUR LANG ASSOC., AP 16-261-03 & 06; ALBERT BIANCHI, REP. FOR APPELLANT P - File 5-1-279 Mayor Mulryan opened the public hearing, and continued it to Monday, October 4, at request of owner and appellant, since it appears possible at this point that they may reach an agreement. ADD ITEMS I NORTHGATE EIR - File 10-2 (Verbal) Mayor Mulryan informed the Council that the Planning Commission had suggested that a committee of two Commissioners and two Councilmembers be formed, to meet regarding the Northgate Activity Center EIR. Council agreed that Mayor Mulryan and Councilmember Breiner would represent the Council on such a committee. II COMMUNICATION FROM SENATOR KEENE RE CAMPAIGN CONTRIBUTIONS - File 9-4-2 x 5-1-272 Mayor Mulryan announced that a letter from Legislative Counsel of California had been forwarded to him by Senator Barry Keene, which rules that Councilmember Frugoli is free to vote on the Fred Grange matter (38/39 Fernwood Way), with no legal impediment. III INDUSTRIAL DEVELOPMENT BONDS - File 8-22 (Verbal) Mayor Mulryan expressed interest in the City becoming involved in assisting various projects within the City by means of Industrial Development Bonds. He stated he had attended a first - step meeting on the subject with Bond Counsel. There would be no responsibility on the part of the City, and developers are being contacted to see if they would be interested. Mayor Mulryan asked that the subject be put on the September 20, 1982 agenda. 17. OFFER TO SELL PROPERTY SUBJECT TO LIFE ESTATE AT 602 "B" STREET TO CITY OF SAN RAFAEL AP -0 - 2 Cerutti RA - File 2-7-1 Council reviewed a staff report from Consultant Ward, indicating that Mrs. Carolina M. Cerutti, through her agent, has offered to sell her property at 602 "B" Street to the City, subject to a life estate, for $85,000 with the condition that the City repair the front and back porches and paint the exterior of the house. After discussion Councilmember Frugoli moved and Councilmember Jensen seconded, to purchase the property for $86.500, subject to a life estate, with the provision that the seller take care of the necessary repairs and painting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. STATUS REPORT RE DEER PROBLEMS IN RESIDENTIAL AREAS BY OPEN SPACE LANDS (GS) - File 13-3 Council reviewed a staff report by Assistant to the City Manager Barbier, indicating that the Department of Fish & Game, and other agencies contacted, had no real solution to the problem of deer in residential areas, except to state that relocating them as was attempted at Angel Island is not successful. The Department of Fish & Game suggested that special hunting permits for bow and arrow could be issued with approval of the City. Council discussed the matter and decided to take no action, except to recommend that staff inform residents of the various deer repellants on the market. 19. AWARD OF BID FOR ALBERT PARK RENOVATION PROJECT, PHASE I (PW) - File 4-1-322 Recreation Director Jauch briefed the Council on the available funding for this project, and indicated that there will be a shortage of $18,700, which he requested the City advance, since it will be paid back out of Recreation funds such as the rental of the Crockett building on "B" Street. George Girvin of Royston, Hanamoto, Alley & Abey, requested that Council approve his and staff's recommendation to award the bid to Munkdale Bros. Inc., low bidder at a base bid of $217,523 and a total bid, including alternatives 1 through 4, of $236,833. Councilmember Breiner moved and Councilmember Frugoli seconded, to award the bid to Munkdale Bros., Inc., for a total of $236,833, and advance the $18,700 as requested, with the under- standing that it will be paid back. 161 OLUTION NO. 6384 - RESOLUTION OF AWARD OF CONTRACT - ALBERT PARK RENOVATION, PHASE I, FUND 15 #295550220 (To Munkdale Bros., Inc., low bidder at total bid of $236,833) S: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan S: COUNCILMEMBERS: None ENT: COUNCILMEMBERS: None 20. REQUEST FOR CITY COUNCIL'S APPROVAL RE: (Rec) a. Acceptance of San Francisco Foundation Grant Award of $500,000 for Pickleweed Park Community Center - File - - Staff recommended acceptance of the grant of $500,000 by Resolution, but with a revision of Special Condition No. 4, which has been agreed to by the San Francisco Foundation. Con- dition 4 is to read, "That the City of San Rafael agree to the continued operation and maintenance of the Center at a level commensurate with the economic conditions of the City. Barring unforeseen disasters City agrees not to drop level of service below that of other recreation and community centers owned and operated by the City for a period of at least five years or return to the San Francisco Foundation the total of its grant". RESOLUTION NO. 6385 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/San Francisco Foundation for Acceptance of Grant in Amount of $500,000 for the Pickleweed Park Community Center) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. Approval to Amend Project Architect Milton Chambers' Contract to Include Phase II and Phase III - File 4-3-8 RESOLUTION NO. 6386 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Milton W. Chambers, Architect, for Preparation of the Development of the Pickleweed Park Community Center, Phases II & III) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Jensen left meeting) 21. SPHERE OF INFLUENCE/URBAN SERVICE AREA STUDY (P1) - File 191 x 10-2 Planning Director Moore briefed the Council on the study, which included seven recommendations regarding actions by the City, LAFCo and County in order to implement the Countywide Plan Urban Service Area Policies. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve the recommendations as outlined in the staff report. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen (Councilmember Jensen returned) 22. FINAL ADOPTION - ORDINANCE NO. 1438 - AMENDING TITLE 9 (HEALTH AND SANITATION) OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING CHAPTER 9.18, "RECYCLED MATERIALS CO EC ON , File 4-3-32 Councilmember Breiner informed the Council that before final adoption certain modifications must still be made, to delete the words "Every tenant, lessee, or occupant of any" on page 2 of the Ordinance, Section 9.18.040, second paragraph. The word "Every" should be inserted at the beginning of the following sentence. Also, under Section 9.18.050, the words, "with suitable bales or handles" should be deleted. On page 4, under Section 9.18.130, the words "each and every tenant, lessee, owner, and occupant" should be deleted, so the phrase will read, "the tenant or owner of each (residential unit)". CHARTER ORDINANCE NO. 1438 - Amending Title 9 (Health and Sanitation) of the San Rafael Municipal Code by Adding Chapter 9.18, "Recycled Materials Collection", Thereto, was adopted, as modified, as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None 162 23. FINAL ADOPTION - ORDINANCE NO. 1439 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCEBY S , CALIFORNIA, SO AS TO RECLASSIFY- ) AND C- GENERAL COMMERCIA DISTRICTS 0 -D (PLANNED DEVELOPMENT) DIS R CFourth Street and 351 Mission Avenue P - File 10-3 x - Mr. James Lundgren presented the Council with a letter, notifying them that he has filed for a Historic Landmark designation recently. Mayor Mulryan assured him that final adoption would not change the zoning on the property, pending a decision by the Court on disposition of the property. CHARTER ORDINANCE NO. 1439 - 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 R-3 (Multiple Family Residential) and C-2 (General Commercial) Districts to P -D (Planned Development) District (354 Fourth Street and 351 Mission Avenue), was adopted as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. DISCUSSION RE RIGHT TURN ON SECOND AND IRWIN STREETS (PW) - File 11-15 Council reviewed a recommended plan for a right -turn lane onto Second Street, northbound on Irwin Street, in response to a request from Councilmember Breiner. Staff recommended that CalTrans be requested to install the improvement at their cost. The fourth lane, to be used for right turns onto Second Street, could be achieved by widening the West side of Irwin Street for through traffic. Councilmember Breiner moved and Councilmember Miskimen seconded, to approve staff recommend- ation and direct that they contact CalTrans to request their cooperation in installing the fourth lane as recommended. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Mulryan remarked that the structure at the entrance to San Rafael, which was damaged by a car recently, should be repaired very shortly. Public Works Director Bernardi estimated it would cost about $2,600. (Councilmember Miskimen left meeting) 25. s82-12 - LOT MERGER - 262 ALPINE STREET, AP 10-061-31 AND 10-052-02 (P1) - File 5-1-280 Council reviewed a staff report indicating that the owners of the subject property have indicated in writing that they would not protest the City initiating a merger of the two parcels. RESOLUTION NO. 6387 - DIRECTING STAFF TO FILE A NOTICE OF MERGER ON CERTAIN REAL PROPERTY AT 262 ALPINE STREET (AP 10-052-02 & 10-061-31) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 26. REQUEST FROM FIRST NATIONAL BANK OF MARIN (IN ORGANIZATION) FOR ALLOCATION OF PARKING SPACES Council considered a request from the First National Bank of Marin (In Organization), for ten to fifteen parking spaces on the lower level of the City parking lot at Fifth Avenue and "C" Street, since they are planning on leasing the St. Paul Title Company building at Fourth and "C" Streets. Staff reported that a survey was made recently, and it appears that this would not impact the traffic situation. Councilmember Breiner stated her opinion that another evaluation should be made, since the survey was in August which is not a representative month. Council then heard from Patrick Burke, representing St. Paul Building and from Wells Rasmussen, one of the founders of the new bank. Both urged a firm commitment on the parking stalls, due to the long-term lease they are planning. Staff was asked to do another survey of the area and report back to the Council at the September 20, 1982 meeting. Meanwhile, Council approved the request in concept, with staff directed to commence preliminary lease negotiations. (Councilmember Miskimen returned) 163 27. RESOLUTIONS APPROVING COMPENSATION AND SALARIES FOR: (CM) a. Management and Mid -Management Personnel - File 7-3 RESOLUTION NO. 6388 - AMENDING RESOLUTION NO. 5930 PERTAINING TO THE COMPENSATION FOR MANAGEMENT AND UNCLASSIFIED EMPLOYEES (Effective September 1, 1982) AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. Confidential Personnel - File 7-3 Frugoli, Jensen, Miskimen & Mayor Mulryan RESOLUTION NO. 6389 - AMENDING RESOLUTION NO. 5931 PERTAINING TO THE COMPENSATION FOR CONFIDENTIAL EMPLOYEES (Effective July 1, 1982, with certain adjustments on selected positions on January 1, 1983) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 28. ADOPTION OF 1982/83 BUDGET (Fin) - File 8-5 RESOLUTION NO. 6390 - ADOPTING THE FINAL BUDGET OF THE CITY OF SAN RAFAEL FOR THE FISCAL YEAR JULY 1, 1982 - JUNE 30, 1983 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 29. ADOPTION OF RESOLUTIONS SETTING 1982/83 TAX RATE (Fin) - File 9-12-1 RESOLUTION NO. 6391 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1982/83 (For payment of principal and interest on general obligation Open Space Bonds and Terra Linda Recreation District bonds assumed by City of San Rafael - $.011) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6392 - RESOLUTION FIXING THE RATE OF TAXES FOR FISCAL YEAR 1982/83 (For payment of principal and interest on general obligation Sewer Bonds, on Open Space Bonds, and for payment of principal and interest on Terra Linda Recreation District Bonds assumed by City of San Rafael January 1, 1973 and the sum of - $.017) AYES: CO UNC ILMEMB ERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 30. STATUS REPORT RE NEGOTIATIONS WITH POLICE OFFICERS' ASSOCIATION (CM) - File 7-8-3 (Verbal) City Manager Beyer reported that negotiations are not yet completed and he will make a report in Closed Session at the end of this meeting. 31. COST OF LIVING INCREASE FOR COUNCILMEMBERS (CM) - File 9-1 An Ordinance of the City of San Rafael, Providing for Cost of Living Increase for City Council, and numbering Charter Ordinance No. 1440, was read, introduced and ordered passed to print by the following vote, to wit: (Mayor $534/Mo., Councilmembers $357/Mo.) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 164 CLOSED SESSION 32. Council adjourned to Closed Session to discuss labor negotiations and pending litigation. APPROVED THIS �-?O -64 DAY OF 1982 MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, September 20, 1982, at 7:45 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman Dorothy L. Breiner, Councilmember/Agency Member Gary R. Frugoli, Councilmember/Agency Member Fred E. Jensen, Councilmember/Agency Member John A. Miskimen, Councilmember/Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Edmund A. Duggan, City Attorney/Agency Attorney PUBLIC HEARING JOINT PUBLIC HEARING TO CONSIDER THE SALE OF AGENCY PROPERTY AT THIRD AND "A" STREETS, SAN RA AE AMPER RA - File R-216 x 140 REDEVELOPMENT AGENCY 1. Resolution Approving Negative Declaration 2. Resolution Determining Agency has Complied with Section 33433 of the California Health & Safety Code CITY COUNCIL 1. Resolution Determining Agency has Complied with Section 33433 of the California Health & Safety Code and Approving Sale of Property Hearing was opened by Mayor Mulryan and continued to October 4, 1982, at recommendation of staff, due to a procedural deficiency in noticing on Environmental Review. , dity er gency ecretary APPROVED THIS 4(�-ht DAY OF UcZ-64.,- , 1982 LAWRENCE E. M LR AN, Mayor Agency Chairman *** *** *** *** *** *** *** ***