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HomeMy WebLinkAboutCC Minutes 1992-11-02SRCC MINUTES (Regular) 11/2/92 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 2, 1992, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 92-20(a) - Alan Titus & Marjorie Goldman vs. City of San Rafael No. 92-20(b) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 2, 1992, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember (Arrived @ 8:08 PM) Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: Dorothy L. Breiner, Councilmember Others Present: Pamela J. Nicolai, City Manager Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE RETAINING WALL AT ALTURA WAY AND BRET HARTE ROAD - File 9-3-40 Marcel Achermann, resident of Altura Way, stated that since early 1987 he has been attempting to have the City Public Works Department maintain the retaining wall at Altura Way and Bret Harte Road. He stated his concerns have not been responded to and he is concerned that this be done as soon as possible. Public Works Director Bernardi responded that they were aware of this problem and Mr. Achermann was contacted and advised that it was a low priority item, due to budget constraints and indicated that there was a question as to whether or not the wall was to be maintained by the City. He stated it was determined that this was the City's responsibility to maintain this wall. Councilmember Thayer asked what the cost of this would be. Mr. Bernardi answered it would be approximately $5,000 to $6,000 to repair the part that has been damaged. He stated he did not have the amount to replace the entire wall. Mayor Boro asked Mr. Bernardi to evaluate the cost involved in this project and give the Council an estimate of his impressions of the public health and safety issues associated with the wall, with a report to be brought back to the Council and Mr. Achermann to be informed when it will be on the Council Agenda. Mr. Bernardi responded he would provide a report at the next Council meeting (11/16/92). CONSENT CALENDAR 2. Approval of Minutes of Regular Meeting of October 5, 1992, and Special Meeting of October 19, 1992 (CC) 3. Resolution Amending the Gas Tax Fund Budget (PW) - File 8-5 x 4-9 4. Annual Parking Meter Holiday From Wednesday, November 25, 1992 through Sunday, January 3, 1993 (RA) - File 11-18 RECOMMENDED ACTION Approved as submitted. ADOPTED RESOLUTION NO. 8763 - AMENDING THE 1992/93 GAS TAX FUND BUDGET Approved staff recommendation. 7. Resolution Authorizing Falkirk Cultural Center to ADOPTED RESOLUTION NO. 8764 - Change the Public Hours (Cult.Affs.) - File 9-3-84 AUTHORIZING FALKIRK CULTURAL CENTER TO CHANGE THE PUBLIC HOURS TO 10:00 AM - 9:00 PM ON THURSDAYS AND 10:00 AM - 1:00 PM ON SATURDAYS 8. Resolution Authorizing Falkirk Staff Acceptance of the California Arts Council Grant #9S2-187 MBO -030 for $3,541, for the Period of October 2, 1992 to GRANT September 30, 1993 (Cult.Affs.) - File 4-10-241 x 222 x 9-3-84 ADOPTED RESOLUTION NO. 8765 - AUTHORIZING STAFF ACCEPTANCE OF THE CALIFORNIA ARTS COUNCIL #9S2-187 MBO -030 FOR $3,541, FOR THE PERIOD OF OCTOBER 1, 1992 SRCC MINUTES (Regular) 11/2/92 Page 1 SRCC MINUTES (Regular) 11/2/92 Page 2 TO SEPTEMBER 30, 1993 SRCC MINUTES (Regular) 11/2/92 Page 2 SRCC MINUTES (Regular) 11/2/92 Page 3 11. Resolution for Appropriation of $5,000 From the Davidson Bequest to Fund Part -Time Coordinator for Friends of the Library (Lib) - File 8-20 x 9-3-61 13. Resolution of Appreciation to Scott Clark, Facilities Maintenance Supervisor, Employee of the Quarter Ending September 30, 1992 (CM) - File 7-4 x 102 x 9-3-40 AYES: COUNCILMEMBERS: Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner & Cohen ADOPTED RESOLUTION NO. 8766 - APPROPRIATING $5,000 FROM THE DAVIDSON BEQUEST FOR A TEMPORARY PART-TIME COORDINATOR FOR THE FRIENDS OF THE SAN RAFAEL PUBLIC LIBRARY (to hire a temporary part-time coordinator to assist the Board in revitalizing the Friends of the San Rafael Public Library) ADOPTED RESOLUTION NO. 8767 - RESOLUTION OF APPRECIATION TO SCOTT CLARK, FACILITIES MAINTENANCE SUPERVISOR, PUBLIC WORKS DEPARTMENT, AS EMPLOYEE OF THE QUARTER ENDING 9/30/92 The following items were removed from the Consent Calendar for discussion: S.APPROVAL OF STREET CLOSURE FOR HOLIDAY MARKET, WINTER WONDERLAND AND PARADE OF LIGHTS ON FRIDAY, NOVEMBER 27, 1992 (RA) - File 11-19 Mayor Boro asked with regard to a request from the downtown merchants to close certain parts of downtown the day after Thanksgiving and the subsequent Saturday, and indicated the concern was with Item 2, closure of Lincoln and "A" Streets and the southern portion of Court Street, from 11:00 a.m. to 9:00 p.m. on November 27th, specifically the portion of Fourth Street. He stated that Fourth Street has never been closed down for this holiday event and asked Mr. Ours to explain this. Mr. Ours stated they contacted each of the merchants on Fourth Street for their opinions on this and they were all in favor of the request. (Councilmember Cohen arrived at the meeting during discussion of this item.) Councilmember Thayer moved and Councilmember Shippey seconded to approve the street closures. AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 6.RESOLUTION AUTHORIZING STAFF TO APPLY FOR VARIOUS GRANTS TO SUPPORT THE REHABILITATION, REPAIR, PAINTING AND ENDOWMENT OF FALKIRK CULTURAL CENTER AND BOYD GATE HOUSE (CULT.AFFS.) - File 9-3-84 x 202 Councilmember Thayer asked with regard to these and other grants, what is the possibility of City getting these grants? Falkirk Administrator Carol Adney responded they will probably get at least 500 of these grants, if not all of them. Mayor Boro commented that he assumed staff was applying for these because, through their research, they feel confident that the City is in contention for these grants. Ms. Adney responded affirmatively. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution. RESOLUTION NO. 8768 - AUTHORIZING STAFF TO APPLY TO THE FOLLOWING FOUNDATIONS TO SUPPORT THE REHABILITATION, REPAIR, PAINTING AND ENDOWMENT OF FALKIRK CULTURAL CENTER AND THE BOYD GATE HOUSE: COWELL FOUNDATION, ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, REX FOUNDATION, THE KRESGE FOUNDATION, FIREMAN'S FUND FOUNDATION, J.L. SKAGGS & MARY C. SKAGGS FOUNDATION, MARIN COMMUNITY FOUNDATION, WINIFRED AND HARRY B. ALLEN FOUNDATION AND THE ALLENSBY TRUST AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 9.RESOLUTION AUTHORIZING FALKIRK CULTURAL CENTER TO CHANGE THE PUBLIC HOURS (CULT.AFFS.) - SRCC MINUTES (Regular) 11/2/92 Page 3 SRCC MINUTES (Regular) 11/2/92 Page 4 File 9-3-84 Councilmember Thayer stated her question with this item was the same as with Item #6. Councilmember Thayer moved and Councilmember Shippey seconded, to approve the Resolution. RESOLUTION NO. 8769 - AUTHORIZING STAFF TO APPLY TO THE FOLLOWING FOUNDATIONS TO SUPPORT THE ONGOING EDUCATIONAL AND EXHIBITION PROGRAMS OF FALKIRK CULTURAL CENTER: MARIN ARTS COUNCIL, INSTITUTE OF MUSEUM SERVICES, KORET FOUNDATION, CALIFORNIA ARTS COUNCIL, TAMARACK FOUNDATION AND MARIN COMMUNITY FOUNDATION AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 10.RESOLUTION AUTHORIZING JOINT POWERS AGREEMENT BETWEEN CITY OF SAN RAFAEL AND COUNTY OF MARIN FOR OPERATION OF MARIN LITERACY PROGRAM (Lib) - File 4-13-75 x 9-3-61 Councilmember Thayer stated her appreciation for this program which serves 373 students with 300 tutors. She commented she received two letters from people who have learned to read through this program. Library Director Stratford indicated he would convey her appreciation to the volunteers. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution. RESOLUTION NO. 8770 - AUTHORIZING THE SIGNING OF A JOINT EXERCISE OF POWERS AGREEMENT WITH COUNTY OF MARIN FOR THE OPERATION OF THE MARIN LITERACY PROGRAM (1992/93 - Effective through 9/30/93) AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 12.RESOLUTION AMENDING RESOLUTION NO. 8649 AUTHORIZING THE ACTING CHIEF OF POLICE TO APPLY FOR A STATE OF CALIFORNIA, OFFICE OF CRIMINAL JUSTICE PLANNING (OCJP) CRIME PREVENTION GRANT (PD) - File 9-3-30 Councilmember Shippey asked with regard to the personal liability involved. He also stated he would like to modify this Resolution to state "Chief of Police" instead of "Acting Chief of Police". City Clerk Leoncini stated this had already been done. Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the Resolution. RESOLUTION NO. 8771 - AMENDING RESOLUTION NO. 8649 AUTHORIZING THE CHIEF OF POLICE TO APPLY FOR A STATE OF CALIFORNIA, OFFICE OF CRIMINAL JUSTICE PLANNING (OCJP) CRIME PREVENTION GRANT AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner SPECIAL PRESENTATION 14.PRESENTATION OF RESOLUTION OF APPRECIATION TO SCOTT CLARK, FACILITIES MAINTENANCE SUPERVISOR, EMPLOYEE OF THE QUARTER ENDING SEPTEMBER 30, 1992 (CM) - File 7-4 x 102 x 9-3-40 Mayor Boro presented the Resolution of Appreciation to Scott Clark, Facilities Maintenance Supervisor, Employee of the Quarter ending September 30, 1992, and read the Resolution. He also congratulated Mr. Clark on the fine job he has done. Scott Clark thanked the Council and his fellow employees and stated his enjoyment in working for the City, as well as his concern for maintaining the City facilities for the use of both the City employees and residents of San Rafael. 15.PUBLIC HEARING - MARIPOSA ROAD ASSESSMENT DISTRICT: (PW) - File 6-49 x 9-3-40 x 11-15 a. RESOLUTION OVERRULING PROTESTS (a 4/5 vote is required.) b. RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS (a 4/5 vote is required.) C. AMENDED ENGINEER'S REPORT - TO BE FILED. SRCC MINUTES (Regular) 11/2/92 Page 4 SRCC MINUTES (Regular) 11/2/92 Page 5 d. RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT (Councilmember Cohen indicated he had conferred with City Attorney Ragghianti with regard to his possible conflict of interest with this item, and as there was none, and due to the absence of Councilmember Breiner, he has chosen to sit in on this meeting and vote to move it along.) Mayor Boro opened the Public Hearing. Public Works Director Bernardi stated at the Council meeting of September 21, 1992, the Council adopted the first Resolution in the step towards the finalization of this District. He noted that since that time, a number of things have taken place - plans and specifications were prepared, an Engineer's Estimate was prepared identifying the preliminary cost associated with the improvements, bids were called for and received, and the result was that the cost of improvements was substantially less than what was originally estimated. He stated tonight they were at one of the final stages of formation of the District and gave a brief summary of the items before the Council tonight. Connie Parsons, Executive Director at the California Center for Wildlife, stated she had a meeting scheduled later this week with Mr. Bernardi to talk about how their property may be impacted by the project. She stated that they agree with this project, but their group would have to give up the most square footage in the formation of the turn- around included in this project, which might effect their possible expansion needs and/or property value. Mayor Boro clarified that Ms. Parsons was not protesting this, but had some concerns she was hoping to work out with the staff as they go forward with this. Kurt Callies, resident of 61 Mariposa Road, stated he had already met with Mr. Bernardi and Mr. Cornwell with regard to his concern about the sidewalk issue. He stated he has not had an answer from Mr. Bernardi on this. Mr. Callies stated he felt a sidewalk was not necessary in this area. Mr. Callies stated his concern about being able to use his land to its maximum capacity; however, he was also not protesting this project. Mr. Bernardi stated with regard to the Wildlife Center, the right-of-way acquisition that is currently planned takes place outside of the existing fences on part of the property the Wildlife Center owns. He stated they would meet on Friday with the Wildlife Center representatives to discuss the kinds of improvements that they would construct which would specifically accommodate their use. He stated with regard to Mr. Callies, the deletion of the sidewalk behind the warehouse buildings is something that they are going to do because the City Engineer felt it was necessary to be constructed adjacent to the residential property, as people would have a reason to go there; however, there is no reason for people to be visiting the warehouses, especially from Mariposa Road since it fronts on Lindaro Street. He noted it was appropriate to delete the sidewalk and ultimately save everyone some proportional share of that cost. Mr. Bernardi stated, with regard to the question of property acquisition with Mr. Callies, the cost of the right-of-way acquisition takes into account any severance if it would cause the owners to have a lower number of units because part of the cost of the land the City is buying takes this into account. Mayor Boro asked if the owner would be compensated if this would occur. Mr. Bernardi responded affirmatively. He stated that sometimes the number of units assigned to a parcel represents the maximum number of units, which the Council had dealt with on another issue involving the Marin Yacht Club property where the zoning designation was for maximum number of units, yet now the maximum number of units being put on that property would probably generate a lower yield of units. He stated that given the constraints of this site, separate from the right-of-way acquisition, it may generate a lower number of units which will need to be taken into account, as well. Mayor Boro stated the Council did initially receive a letter of protest from Louis J. Rago, dated September 21, 1992, and that on October 30, 1992, Mr. Rago wrote a letter to the City stating he was removing his letter of protest regarding the Mariposa Road Assessment District. There being no further public comment, Mayor Boro declared the Public Hearing closed. Mayor Boro asked Mr. Edwin Ness, Bond Counsel, with regard to the issue of the award of contract, which was one of the items on this agenda. He noted that generally this happens approximately 30 days after the Council takes action, and that there is a request for this to be expedited, which caused a concern about liability to the City. SRCC MINUTES (Regular) 11/2/92 Page 5 SRCC MINUTES (Regular) 11/2/92 Page 6 Mr. Ness stated if a property owner was going to file an action during this period, it should not last too long because they will not have laid the ground work by filing a protest in the first place. He stated that was fairly remote. Mr. Ness stated the Bond Market is pretty "hungry"; however, they have not looked at this project and there might be a delay on this project from this market, but everything has been made very secure to go ahead with it. Mayor Boro stated that generally what happens was the Council would make certain findings at this meeting and then there is a 30 day period after which the bonds are sold and then the improvements are made; however, what the Council was being asked to do tonight was to go ahead and authorize the award of the contract and start that process with basically the City funding the money and asked Mr. Ness if this was correct. Mr. Ness responded affirmatively, and stated they could do everything tonight, except the award of contract, if they wanted to. Councilmember Thayer mentioned to Mr. Bernardi that she noted the maximum annual assessment would be $100 per parcel (as mentioned in Exhibit G) and asked if that just covers the cost of construction or does it also cover maintenance of those improvements? Mr. Bernardi responded negatively, that maintenance is not included, and stated once the improvements are constructed, they become the City's responsibility to maintain. Mayor Boro stated they had a series of motions before them and since there has been no formal protest filed, the motion regarding the overruling of protest is not applicable and the first Resolution is not applicable. a. RESOLUTION OVERRULING PROTESTS (a 4/5 vote is required) (NOT REQUIRED.) Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the Resolution. (A 4/5 vote is required.) b. RESOLUTION NO. 8772 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION OF THE IMPROVEMENTS - MARIPOSA ROAD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner c.Amended Engineer's Report - Filed. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution. d. RESOLUTION NO. 8773 - APPROVING REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT -MARIPOSA ROAD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Councilmember Shippey asked about the time frame on this contract and why they needed to move so quickly. Mayor Boro explained that with the rainy season starting, that the sooner this is started the quicker it will be finished. Mr. Bernardi stated that by waiting 30 days to award the contract, the contractor (O.C. Jones) has that period of time to get his bonds and insurance and sign the actual agreement for the contract, which will take approximately another six weeks in order to take care of the paperwork. He noted by awarding the contract tonight, four weeks are taken out of this process. Mr. Shippey asked if they had gone through the bid process and Mr. Bernardi responded affirmatively and stated the low bid was $104,213.00. Mr. Bernardi stated to clarify this issue, that by taking an action to award the contract they would be obligating the City for this $104,213.00, plus other engineering and legal costs for the District, for the next 30 days until all these issues are resolved. Councilmember Cohen stated that the City would be reimbursed for any costs that the City incurred during that 30 day period, so the only risk which would be incurred was that there might be a delay in the funding of this, not that there was anything that could stop this project. Mr. Bernardi responded there would be no payments to the contractor for the first 30 days anyway. Mayor Boro stated his concern about setting a precedent on this, noting he felt the whole purpose of this was an assessment district that the people in the community are willing to commit themselves to, and that there was not a very large risk in waiting the 30 SRCC MINUTES (Regular) 11/2/92 Page 6 SRCC MINUTES (Regular) 11/2/92 Page 7 days. Councilmember Shippey asked what the value was of doing this. Councilmember Cohen stated the value would be that if this action was held up for 30 days, that put the start of construction right at about the start of the rainy season, which means that the residents of this street who voted to pay for this themselves have to continue to deal with the present condition through the rainy season, but they also will be dealing with interrupted construction site on their street for a period of time. Mr. Cohen stated that what is likely to happen is that the construction will start, then the rain will come and slow down the construction period. He stated if there are cost over -runs, because it is a bid they will be taken care of by the contractor, but the inconvenience will be born by the neighbors. Mayor Boro stated he might agree with this if there had been more concerned residents speaking at tonight's meeting. Councilmember Shippey moved and Councilmember Thayer seconded, to not adopt the Resolution awarding contract for the Mariposa Road Assessment District to O.C. Jones & Sons, in the amount of $104,213.90, at this time, and to carry it over for 30 days (to 12/7/92). AYES: COUNCILMEMBERS: Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: Cohen ABSENT: COUNCILMEMBERS: Breiner 16.PUBLIC HEARING - CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING A UNIFORM FIRE CODE (1991 EDITION) AND PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A FIRE PREVENTION BUREAU AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS (FD) - File 1-6-4 x 9-3-31 Mayor Boro declared the Public Hearing opened. Fire Chief Marcucci gave a brief summary of the 1991 Fire Code with amendments, noting the Fire Code was revised every three years. He commended the Fire Prevention Bureau for the work that they have done in putting this ordinance together, along with meeting with the various groups involved. Chief Marcucci stated the first item was with regard to roofing materials. He stated they were recommending that all new roofs be a minimum of Class A, a fire resistant roof prohibiting the use of wood shingles or shakes. He stated that the wording in this section was the same as that being used by the County of Marin and was recommended to the Fire Department by the Marin Builders' Exchange to simplify matters for their contractors and developers within the City of San Rafael. Chief Marcucci stated another change was in storage containers. He stated if the storage containers are not determined to be structures, they can be placed on the property line. He stated they were recommending in this Ordinance tonight that there be a setback for storage containers. With regard to automatic sprinkler systems in commercial buildings he stated this has been ongoing in San Rafael. He recommended that all new construction, residential or commercial, have automatic sprinkler systems placed in them. He stated there were approximately 100 dwelling units with residential sprinklers at this time, such as Marin Bay Park and Laurel Glen Subdivision. He stated the cost of a residential sprinkler system probably is $1.25 per square foot and many insurance companies today give a rebate for residential sprinkler systems. In addressing the smoke detector systems, Chief Marcucci stated they were recommending that over a six year period smoke detectors that are battery operated be replaced with detectors whose primary source of power come from the building's electrical system. Chief Marcucci noted that the item that has generated more work for the Fire Department in the last six or eight months deals with the removal of flammable vegetation which is considered a fire hazard. He stated it takes a lot of time to deal with this because of the need to come back and forth from the owner of the property to the Council to enable the Fire Department to get the owner to clean up his property. He recommended Council authorize the Fire Chief to review this work in a more expeditious manner, rather than the property owner appealing to the City Council. Councilmember Shippey stated the downside of having the Fire Chief handle the appeal process would be that it would take the City a year or more to be compensated, but at this point he did not see any other way. Chief Marcucci responded that once a lien is placed on the property, it is resolved through the property tax process which could take a year or two, but the City will have to "front" the money to cause the correction SRCC MINUTES (Regular) 11/2/92 Page 7 SRCC MINUTES (Regular) 11/2/92 Page 8 to take place. Councilmember Thayer stated the Governor signed a new bill which sort of purports with this section on corrective action with regard to private property owners. She stated what this bill would do, and has been signed into law, is enable a city through the agencies of the State to declare certain areas of the City at higher risk and place a greater burden on the property owners in those areas by law with regard to maintaining their properties, noting this was done in response to the Oakland fire and it has been supported almost unanimously by all of the Fire Chiefs in the State. She then asked how this affects the City of San Rafael and will it enable us to do anything that we have not been doing, so far. Fire Chief Marcucci stated several months ago his department came before the Council with a threat analysis on the urban wildfire index areas and, in essence, we have done what State Legislation is asking the California Department of Forestry to do. He stated they have designated areas that are extremely high and high and moderate fire hazard areas and within those areas they already require automatic sprinkler systems and fire retardant roofs. He stated he did not know if the State will come into the City and do that, but if so, they will be duplicating what we have already accomplished. He noted his department has used the same methodology that the State will be using to assess the urban wildfire index problem. Councilmember Cohen stated the automatic sprinkler requirement is a fairly strong one and asked if there are other communities that have adopted this across-the-board requirement? Chief Marcucci responded there were many communities, other than Marin County, that require automatic sprinkler systems in all occupancies - such as Corte Madera and Larkspur. Mr. Cohen then asked was there room for flexibility, particularly for remodels, because putting the plumbing in for residential sprinkler systems is easier when the entire building is under construction and all the framing is open. He noted it would be possible to envision a remodel that would affect 50% of the building, as outlined in this Ordinance, where the cost of installing the sprinkler system for the entire building would be considerably more than $1.25 per square foot because of needing access to enclosed spaces. Mr. Cohen asked if there was a way to build in flexibility so that type of burden is not quite so onorous in that particular case. Chief Marcucci responded affirmatively, and noted there could be some flexibility built in that would take care of certain situations when the cost of installing the sprinkler system is far more than the remodel taking place. Mr. Cohen asked with regard to an issue of corrective action, was it possible to levy an interest charge if the City has to go ahead and put the money up to do this. Chief Marcucci responded that he felt the Department would be charging the appropriate amount to cover all overhead, etc., but this has not yet been worked out. Mayor Boro suggested, with regard to the smoke detectors, that rather than a time frame of six years, they should look at 12 months to do this. Mayor Boro then suggested consideration of where the Department steps in and determines that they abate a property. He stated he would prefer the last appeal be with the Fire Chief, with a process there, instead of coming to the City Council with every protest. Mayor Boro commended the committee and citizens who have been working with the Fire Chief on this issue. He requested the public speakers to speak to this current report along with their comments on this report. Mary Ellen Irwin, representing the Federation of San Rafael Neighborhoods and the Coalition of North San Rafael Residents, stated that with the Council's written encouragement, these groups have jointly formed the Wildfire Preparedness Committee with a base membership of the Hillside Design Guidelines Committee. She stated she was serving as the Chair Coordinator for this group. She read the names of the members of the Committee into the record: Linda Bellatorre, Rick Coburn, Doug Colbert, Kathy Devlin, Mary Ellen Irwin, Dan McCormick, Tom Obletz, Frank Sangimino, Harry Winters and Marianne Shaw. Mrs. Irwin stated that since Chief Marcucci's presentation on the Wildfire Interface Study in July, the Committee has been meeting in order to prepare themselves and assist the Fire Chief in developing an Ordinance that they felt met the neighborhood needs. She stated they have done interviews and have received materials from all over the State; copies of their laws and plans for individual neighborhoods and their education and disaster programs. She stated her committee has been putting together a matrix with cities and the elements they were concerned with for approximately eight different cities with such things as: roofs, parking, brush and weeds, trees, revenue to be able to do some of these things, water delivery, transportation, etc.. She stated the group has reviewed this Ordinance with both the Fire Chief and Captain Schoenthal in depth and is strongly supporting this Ordinance. She stated that both she, the Fire Chief SRCC MINUTES (Regular) 11/2/92 Page 8 SRCC MINUTES (Regular) 11/2/92 Page 9 and staff have attended four meetings in various areas where they have reviewed the City's study with neighborhood residents. Those meetings were very large and extremely difficult because the neighbors were all very angry because the City has not done more in order to abate vegetation fuel. She stated the residents were concerned about open space, about the vagrants who live on it and camp on it, have camp fires on it, and by the absentee owners in their own neighborhoods who often do not maintain the wild grasses and the fuel vegetation on their land. She noted that, as a community, they have all voted for the open space, but they have not set aside funds for the management of the fuel on that open space, so something must be done. She stated Section 2a of the amendments of this Ordinance gives the Fire Chief and the Department the timely ability to enforce the clearing of weeds. With regard to the concern about money, their feeling was that most residents will do this job when they are asked to do it, particularly if they are asked to do it by the Fire Department and the Fire Inspectors. Most areas that are known trouble spots are being cut back the 30' to 100' with trees trimmed up to 6' to 10', and removal of the weeds 10' from the streets. With this Ordinance the City will be able to do this much better. It will be clear to everyone who ignores this that they are putting everybody else at risk. She noted Oakland has been aggressively managing its hillsides that interface with homes. The County has been passing out a form to residents on county interface land that is a card with a checkoff list. When residents have completed this, they are to check off the card and send it back to the County. She stated the County told their interviewer that over 900 of the cards had come back and random checks indicated indeed that the work had been done. Mrs. Irwin stated the Committee had asked her to let the Council know the other items they think are important, but at this point they wanted Council to know very clearly that they are confident that the Council will stand by their property owners and taxpayers. She stated they urgently need the Council's help and represent many people within this community and they are pleased with the encouragement the City gave to the Committee and the Fire Department and requested the Council pass this Ordinance as it is written, particularly in the area dealing with vegetation management. She showed pictures to the Council of various local fires to emphasize the need for this Ordinance. Tom Obletz, representative of the Federation of San Rafael Neighborhoods, thanked the Fire Chief for his involvement in a number of meetings to assist the residents in resolving these problems. He then stated, with regard to the Mayor's comment about 12 months being the time frame for installation of AC powered smoke detectors, he is in favor of this. He stated Yard Birds has these AC powered smoke detectors, with a battery backup, for approximately $15.00 at retail. He noted these were now becoming available over the counter at various outlets. He noted he also agrees with the Fire Chief being the final step in the abatement process in potentially hazardous situations and that the Council should modify the Codes, as well, for the 12 month time frame. Harry Winters, member of the Committee for Wildfire Preparedness, stated he understood the Fire Chief as saying that the more stringent provisions of this Ordinance apply only to those areas of the City which have been defined as high hazard areas, those adjacent to the wildlands, etc. Chief Marcucci responded negatively and stated these provisions are throughout the City, not just in one particular area. Mr. Winters stated he hoped the Council was not prohibiting some final appeal rights of a citizen ultimately to the City Council; in other words it does not end with the Fire Chief and if there is someone who really feels their case is being mishandled, they still have the right of final appeal to the City Council on this matter. Mayor Boro stated that his recommendation would be that the appeal would end with the Fire Chief and if the Council started hearing that the Fire Chief was being arbitrary and unfair, they would then reconsider that recommendation. Councilmember Shippey stated he agreed with this and stated he thought this should be a judgment call by a professional in this area. There being no further public comment, Mayor Boro closed the Public Hearing. Councilmember Thayer stated she agreed with Mayor Boro on the smoke detectors in that six years is a very long time to do this installation and given the dangerous situation within the City at this time, this should be done as soon as possible. Mrs. Thayer stated she did have some problems with giving the Fire Chief the final say in this appeal process, especially in dealing with property rights. She stated in dealing with property rights, there should always be a mode of appeal to the Council. Councilmember Cohen stated that while he understood the Council's obligation to listen to complaints from their constituents regarding property rights from property owners, it still was a fairly technical decision to be made in this type of situation. He stated that if there was a pattern of unfair arbitrary decision-making by the Fire Chief in this process, it would be questioned. He then stated if there was one particular irate situation, he thought members of the Council would hear about it from their SRCC MINUTES (Regular) 11/2/92 Page 9 SRCC MINUTES (Regular) 11/2/92 Page 10 constituents and call the Fire Chief to ask him what the facts were about that particular item. He noted this might become a delay tactic for those property owners who do not want to clean up their property. He stated he was content to leave this in the hands of the Fire Chief. Mr. Cohen stated his concern about the smoke detector issue. He noted that, even though they are fairly reasonably priced at Yard Birds, installing them is relatively simple if you have access to a power source which could involve opening walls or ceilings; however, it would be an expensive proposition. He stated he felt 12 months to install these in all dwellings in the City was a very short time frame and would rather see a little longer one, but not as long as six years. Mr. Cohen commented he felt it might make sense to distinguish between high hazard areas and areas in the flatland that are not subject to the same type of threat that was seen in the Oakland fire. He stated because of this, it might make sense to require one year replacement on apartment buildings in high hazard areas as designated by the Fire Chief and a two or three year cycle in buildings that are not in high hazard areas, instead of making the replacement cycle one year for the entire City. Mr. Cohen stated under the definition of a substantial remodel, in this Ordinance, someone could be doing a remodel and addition that met the definition of a substantial remodel, which did not require them to open up a substantial portion of their existing building and in that instance, installation of automatic sprinkler systems might be an onerous burden. He commented that the only change he would like to see in this was a special appeal process for that requirement on remodels. Fire Chief Marcucci stated the Uniform Fire Code designates the City Council as the appeals board for the Fire Code, so any disagreements dealing with the Fire Code can be appealed through the City Council. Councilmember Cohen stated for cases that are not included in a substantial remodel, there should be an appeal process that goes only to the Fire Chief, not to the Council. Fire Chief Marcucci responded the residents who disagree with this type of requirement can come in to the Fire Department and talk about it, and work it out there. Councilmember Shippey stated his concern about the remodel definitions issue and the cost involved, if it happens to fall within the class Councilmember Cohen was talking about. Fire Chief Marcucci stated, with possible approval of the City Attorney, they were asking the City Council to pass this Ordinance to print, then there could be changes made and the Ordinance would be brought back to the next meeting. City Attorney Ragghianti and City Clerk Leoncini responded it will not be passed to print and instead be brought back to the next meeting to consider these changes and for first reading again. Councilmember Shippey stated he would like to see some change with regard to the automatic sprinklers and agreed with the proposal of the Fire Chief being the final word. Mr. Shippey then stated, with regard to the smoke detectors, he supported the time frame of one year for the high hazard areas and two years for other areas within the City. Fire Chief Marcucci stated his concern about the smoke detectors being a life safety issue, not a wildland fire issue, and his main concern was with the apartment complexes because the complexes present a life-threatening scenario instead of just land being threatened. Mayor Boro asked the Fire Chief what he considered reasonable for the time frame. Fire Chief Marcucci responded probably 24 months. Councilmember Thayer asked with regard to brush removal, does this include cutting down large trees on various properties. Fire Chief Marcucci responded negatively and stated they would take the approach of trimming the tree limbs and mostly grass and brush removal. Mrs. Thayer asked if they were talking about a high cost which may effect property owners. Chief Marcucci responded some of the trees were Eucalyptus trees which require more expense than other trees, but they do not intend to remove trees, just the underbrush. Mrs. Thayer stated she still had some problems with the appeal process, because she felt the Council does not have technical expertise in many of the appeals heard before the Council, but felt the Council should still be hearing these appeals from the property owners. Mayor Boro stated that since the Council was amending the Ordinance to reflect the 24 months' change in time frame for installation of smoke detectors, and revising the appeal process with regard to the underbrush, he requested that more information be brought back about the sprinkler system, and that this item will be carried over for SRCC MINUTES (Regular) 11/2/92 Page 10 SRCC MINUTES (Regular) 11/2/92 Page 11 the next Council meeting in two weeks. Councilmember Cohen quoted from Page 19 of the proposed Ordinance, Section 4.08.110, Appeals, "Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the City Council . . ." and asked if they were proposing to change this language so that appeal right would not apply to the section regarding clearing brush? Mayor Boro stated that the process will be different for the brush issue than other issues within this Code. Mr. Cohen stated he wanted staff to be sure that this was to be rewritten. Ms. Nicolai stated her understanding was that on Page 17, it deals with corrective actions, not the interpretation of the whole Fire Code, noting she felt the Appeal should be retained to the City Council in the overall Ordinance. However, on the corrective actions, the last sentence on Page 17 was her understanding of what was to be deleted. Fire Chief Marcucci stated Page 17, Appendix 2a, deals with wildland fires and the way the Ordinance is written, his decision can be appealed to the Council within 15 days. Ms. Nicolai stated that was the item which they wanted removed. Councilmember Cohen stated that in addition to that, there is a separate section which seems to read appeal rights and grants appeal rights to any citizen who has a dispute with any decision of the Fire Chief relating to operation of this Resolution. Mayor Boro stated there should be an exception reflected on Section 4.08, Page 19, for reference back to Page 17. Mayor Boro reopened the Public Hearing and continued it to the next meeting. Mayor Boro then asked the previous speakers to give the Council their opinions and requests for changes in this Ordinance. Mary Ellen Irwin stated she wanted the Council to be aware of their concerns, noting that some of these items were being worked on currently. She stated their concerns dealt with: a) the width of roads for emergency equipment to get to homes, particularly on narrow roads. She noted that some of the roads have signs that say, "Must be Kept Clear Within 6 feet of the Center Line" and some of these roads do not have center lines, etc. She noted they have found that around the State that citizens and cities are coming up with language that says, "The roads must be kept clear of cars to provide clearances of 12' horizontally" on a road. In addition to this, many of the residents who have over -hangs over the roads would also like to include language that is in the Fire Code for private roads, or roads going into malls or long driveways, that the language should have an addition to it that there should be a vertical clearance of from 10' to 13' or the height of an ambulance or truck (such as UPS trucks), especially on roads that are the only evacuation routes for some residents. Ms. Irwin then stated, b) weeds and wild growth must be cleared 10' back from the street edge. She stated this is in a part of the code, but not included in the part they discussed tonight. She noted the committee felt this should be a part of the general clearing the property owners do, to avoid fires from cigarettes being thrown from cars, etc.; c) clearing debris off properties before they can be built on or lived in. She stated that what Mr. Winters was referring to was an area where homes were being built with debris being shoved to the back of the lot into the open space and there has been no requirement that this be cleared. She noted the next item was a future item: d) Work with neighborhoods to analyze specific problems in each neighborhood, i.e., where are the people who need help with evacuation, where are the extra private water tanks and/or new wells, making sure that all homes have large, visible addresses, etc. Ms. Irwin stated their committee, or a new one made up of specific representatives of neighborhoods in high or extreme hazard areas, with the City need to do a careful analysis of the problems and "helps" that are site specific to the areas. She stated that meant the evacuation routes, how the roads are formed and particular problems that each neighborhood has. She stated they needed to come up with a process with the Fire Chief to help the City's neighborhoods comply with the Ordinance that is being considered tonight. She stated one of the biggest problems was how to transport and dispose of the debris referred to above in an economic way. She also stated they thought that the open space management and maintenance was extremely important, noting that the cities are required to do this now and the Council should find ways to do this, even with the financial constraints. She noted they needed to specifically work out evacuation routes in the very high hazard areas. She stated working with different neighborhoods doing practices drills with the City would help. Ms. Irwin stated among the highest priority was to work on an adequate source of fire flow water, held in tanks that are earthquake and fire safe with adequate emergency pumps, SRCC MINUTES (Regular) 11/2/92 Page 11 SRCC MINUTES (Regular) 11/2/92 Page 12 as specified in the decision handed down by the Grand Jury recently. Harry Winters added a suggestion which involves open space and the development of a number of lots in a subdivision. In talking to the Fire Chief, Mr. Winters stated the Fire Department is involved in original approval of a subdivision before the Planning Commission, but they are never involved in the final inspection when the actual improvements are put in. He stated that the two stages of these developments were: a) the public street and the utilities are put in; and, b) the individual lots are then developed. He noted there is no Fire Department check -off during that process; this is done at the time of the original approval of the subdivision. He suggested that before the City signs off on the final improvements of a subdivision, someone from the Fire Department should also be involved in the City's final sign -off on the approval. He stated this was because in his area, when homes are built, a lot of trees are cut down and, along with debris, they are pushed into canyons and never picked up, making that area a high fire hazard. He stated he felt it would be appropriate for either the Public Works Department to do it on behalf of the Fire Department or an Inspector from the Fire Department be part of the check -off process in the City's final sign -off on a subdivision and on individual new lots in an area that is high fire hazard. Mayor Boro clarified that before these houses are occupied that this be part of the process that the Fire Department will go in and make sure, before an occupancy permit is given, that any debris is removed. Mayor Boro commended the Committee and the Fire Chief for their work on this issue. 17.PUBLIC HEARING - VACATION OF 3 FT. WIDE PUBLIC UTILITIES EASEMENT (25 AND 29 AYALA COURT) (PW) - File 2-12 x 9-3-40 Mayor Boro declared the Public Hearing opened. Public Works Director Bernardi gave a brief explanation of this item, stating this was a statutory public hearing that is required in order to vacate the public easement. He stated the City Council adopted a Resolution setting forth the intention to vacate this particular public utilities easement and set a Public Hearing on the matter for tonight. He noted they have received no objections to the abandonment of the easement, therefore they recommended Council adopt this Resolution. There being no response from the public, Mayor Boro declared the Public Hearing closed. Councilmember Thayer moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 8774 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING THREE FOOT WIDE PUBLIC UTILITIES EASEMENT AFFECTING LOTS 1 AND 2, AYALA COURT SUBDIVISION, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 18.UPDATE ON CITY BUDGET (CM) - File 8-5 City Manager Nicolai gave a summary of the staff report on this item. She stated that when the State signed off on their budget, the City faced a revenue loss of $535,000 and of that, they had anticipated $65,000 additional revenue, so staff had to come up with a cut of $470,000 in order to balance the budget at the end of this fiscal year. Ms. Nicolai stated the County informed the City that because Marin County had been designated as a disaster area since October, 1989, they were given a 6% credit against the State cut, with the City benefiting by $30,000. She stated the two major factors in her recommendation which would allow them to get through the remainder of this year without any layoffs or furloughs were, after two years of negotiations, the City settled with the County on part of the property tax issue in the amount of $721,000, an accumulation of over 7 years of withheld Property Taxes by the County plus interest earned on this money. She recommended putting $300,000 of this into the General Fund Reserve, which brings this up to the 10o which Council, by policy, has wanted this fund to be maintained. In addition to that, she stated she was asking for the remaining $421,000 be added to the "Blue House" Fund, with regard to the Library repairs and to use that total fund, then, as a Capital Projects Fund to fund the rebuilding of Fire Station #6, the payoff of the Police radio system, and the Library upgrade. She explained Fire Station #6 was budgeted in this year's budget at $85,000 to get this project going. The Police radio system was budgeted this year for $133,000 as part of a five year payoff. She noted if they funded these two projects totally out of this Capital Fund it benefits this year's General Fund by $218,000. SRCC MINUTES (Regular) 11/2/92 Page 12 SRCC MINUTES (Regular) 11/2/92 Page 13 In addition to this, Ms. Nicolai stated because they anticipated that the State was going to do something rather dramatic because of their fiscal problems, even though Council adopted the budget last June authorizing certain positions, she was asking that those positions not be filled on a selective basis so there would be some options available. By keeping these positions frozen, it would benefit the General Fund Budget this year by $188,000. Ms. Nicolai then discussed the JPA entered into on a Countywide basis in July, which authorized the County to charge a part of the City's vehicle registration charge which then comes back through the County and is distributed on a population basis to help fund the abandoned vehicle fund. She stated they anticipated this will bring in revenue of $40,000 next year which was not anticipated. She then noted, in addition to that, there has been further analysis done on the duties being performed by the (acting) Traffic Engineer and one of the Senior Planners in relationship to the Downtown Plan and some of the projects which are part of the Redevelopment program, and they felt justified in transferring $32,000 in additional costs to the Redevelopment Agency. Ms. Nicolai summarized by stating when the benefits are combined of the frozen positions, removing from the current budget the Capital Expenditures of $218,000 with a new revenue of $40,000 and the transfer cost to the Redevelopment Agency, they were able to balance the budget for this fiscal year with no further cuts or reductions in services and/or layoffs. She stated the two major policy issues were: 1) the Council's willingness to maintain those frozen positions, as listed; and, 2) to use the Capital money from the settlement from the County to fund the two projects that were in this year's budget. She noted the reason she was making these recommendations was because this continues the policy of maintaining a reserve fund of 100 of the overall budget, as well as using those types of funds for one time, capital projects, not ongoing operating costs. She noted they planned to continue to meet and confer with the employee associations in getting a furlough policy, and working with the County on getting actuarial studies done on two different options relating to early retirement incentives, in case of a reduction in force. They will be continuing to look at the overall service levels and attempt to come up with some reductions or options in dealing with any State cuts in a more logical way than dealing merely with frozen and vacant positions. Mayor Boro thanked Ms. Nicolai and Mr. Coleman on behalf of the employees and citizens of San Rafael for their hard work in balancing the budget. Councilmember Thayer also commended them on the job done on this budget, as well as Councilmember Cohen's contribution to this, also. With regard to Fire Station #6 and the Police Radio projects, she stated she understood they were amortizing the cost of the Police radios over a five year period at a 7% interest rate, and asked if they were suggesting that they make the capital outlay now or continue paying for them out of the "Blue House" fund over the same period of time? Ms. Nicolai responded that they preferred to pay off that loan because over at that time the interest rate was favorable, compared to what the City was earning. Now the City is not earning as much and would be paying a higher interest rate, so Ms. Nicolai felt it would be better to payoff the radio system. She explained, with regard to Fire Station #6, that what they had budgeted this year was what they expected to pay this year. She stated that at the time they award the bid, they could assess if it looked more favorable for the City to pay for this from a particular fund, which would mean the entire cost would not hit in this fiscal year. Mrs. Thayer stated her concern about the possibility of the County suffering a tremendous loss next year in terms of revenue, possibly equal to or more than this year's and she was wondering where the State will begin making the shifts again. She stated this year we have had it all taken out to compensate the schools for what the State is not going to be paying the school system and she was wondering if this was going to happen vis-a- vis the County. Already the City has to make certain amends to the County through the higher booking fees, etc., and noted she was a little disturbed over the possible new taxes at $12 million at the County level. Ms. Nicolai stated the County was estimating an equal amount compared to what they were hit with this year. Mayor Boro stated possibly another $500,000 for the City next year. Councilmember Cohen moved and Councilmember Shippey seconded, to accept the report and endorse the recommended budget adjustments. AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner SRCC MINUTES (Regular) 11/2/92 Page 13 SRCC MINUTES (Regular) 11/2/92 Page 14 19.PROPOSED COMMUNITY FACILITIES (MELLO-ROOS) DISTRICT 1992-1 (LOCH LOMOND #10) (PW) - File 6-50 Mayor Boro asked City Clerk Leoncini if the homeowners' President was notified today of this meeting. Mrs. Leoncini stated she spoke with his wife who stated he was out of town and not available, so Mrs. Leoncini stated she mailed a copy of the staff report to his home. Public Works Director Bernardi gave a brief summary and history of the staff report. He indicated that the Bond Counsel, Mr. Edwin Ness, was present to answer any questions. Mr. Ness also gave a brief summary of what they were asking the City Council to approve. Councilmember Shippey asked with regard to the financing approach used with this District, if this was the correct way to do this because of the economic climate at this time. Mr. Bernardi answered affirmatively. Mr. Bernardi then stated they also have an existing maintenance district now at Spinnaker By The Bay to provide maintenance of the lagoon and the wildlife preserve, and with the annual rate being set by the City Council for maintenance and collection of monies from the property owners around the pond, the City has the money to provide these services. Councilmember Thayer stated with regard to the manpower needed for the drainage improvements, etc., that because a special district was being created that the City might have enough revenue for this project to put together one-half or one whole position in the Public Works Department and asked if this would still be in effect or part of the budgetary problems the City is facing. Mr. Bernardi answered it was separate from the budget issues and the cost of maintaining these facilities can be charged to the properties within the boundaries. He stated that whether they hire a contractor and charge those properties within the District to pay the contractor's cost or hire an employee, or one-half position for this, it is the same issue. Mayor Boro commented that whatever the budget situation, this will allow the City to fund the maintenance needed for this site. Mr. Bernardi responded affirmatively, and added that if they choose to do this by hiring someone in-house, this will allow them to do that. Mayor Boro stated they had an obligation to do this, but how they achieve this is another issue from the money issue. Councilmember Cohen asked for clarification that this does not include any existing properties. Mr. Bernardi responded it was coincident with the Tentative Map Boundaries for Loch Lomond #10. Mr. Cohen stated he questioned whether or not the economic climate was such that the developer will want to go forward and develop those lots at this time, but maybe it does make sense to go ahead with this because there is some funding mechanism available. He stated the burden of the funding is on the property owner and should be put in the right place, so the project is not stopped halfway through construction wherein the City will need to take it over. Mayor Boro stated this was a good point and when this comes back to Council at the December 7, 1992 meeting, there will be further information on this, because they did not want another problem similar to the one on Irwin Street. Mr. Bernardi responded the starting of subdivision work is really a separate issue that they deal with the developer through the subdivision agreement they have with them when they construct the public improvements. Mr. Bernardi stated the issue they were dealing with on Irwin Street was one where the developer was through with 950 of the public improvements and left the landscaping and the elimination of some public nuisances that have been created by grading the lots and not finishing the lot development, itself. Mr. Bernardi explained that what the Mello -Roos District is dealing with is the maintenance of the public facilities once they have been built. Mayor Boro stated the bigger issue is that when this project comes to the Council in December, he wanted to make sure it is completed and not stopped during construction, and asked for more information on it. Councilmember Cohen asked for more information on the maintenance mechanism, also, because that is very important for this project. a. Boundary Map - Filed. Councilmember Thayer moved and Councilmember Cohen seconded, to adopt the Resolution approving the Boundary Map as being coincident with the boundaries shown on the Tentative Map of Loch Lomond #10. b. RESOLUTION NO. 8775 - APPROVING BOUNDARY MAP, COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10), CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro SRCC MINUTES (Regular) 11/2/92 Page 14 SRCC MINUTES (Regular) 11/2/92 Page 15 NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Councilmember Shippey moved and Councilmember Cohen seconded, to adopt the Resolution of Intention setting the Public Hearing for the Council meeting of December 7, 1992. C. RESOLUTION NO. 8776 - RESOLUTION OF INTENTION TO FORM COMMUNITY FACILITIES DISTRICT AND LEVY A SPECIAL TAX - COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10) CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA (Council set Monday, 12/7/92, at 8:00 PM, in the City Council Chambers, San Rafael, for the Public Hearing on the establishment of CFD 1992-1) AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Councilmember Thayer moved and Councilmember Shippey seconded, to approve the Resolution for legal services. d. RESOLUTION NO. 8777 - APPROVING AGREEMENT FOR LEGAL SERVICES, COMMUNITY FACILITIES DISTRICT NO. 1992-1 (LOCH LOMOND #10), CITY OF SAN RAFAEL, COUNTY OF MARIN, STATE OF CALIFORNIA (between City and Sturgis, Ness, Brunsell & Sperry a professional corporation) AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 20. CITY COUNCIL REPORTS: a. ABAG PROPOSED PLATFORM ON GROWTH MANAGEMENT - File 111 Mayor Boro handed out a Resolution from the Association of Bay Area Governments (ABAG) meeting he attended last week for Councilmember Breiner, which was adopted. He stated this is a platform on growth management and noted it was interesting that what has already been done here in Marin County (Countywide Plan) is now being proposed to be done throughout the Region. There being no further business, the meeting was adjourned at 9:55 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1992 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 11/2/92 Page 15