HomeMy WebLinkAboutCC Minutes 1989-02-06SRCC MINUTES (Regul ) 2/6/89 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 6,
1989, AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
No. 89-2 (a) - #1 - Bayview Associates vs. City of San Rafael, et al.
No. 89-2 (b) - #2.
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 6,
1989, AT 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
San Rafael City Council Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Joan Thayer, Councilmember
Absent: None
Others Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti,
City Attorney; Jeanne M. Leoncini, City Clerk
INTRODUCTION OF ASSISTANT CITY ATTORNEY, TESSIE BELUE - File 9-3-16
Mayor Mulryan introduced newly hired Assistant City Attorney, Tessie Belue,
and welcomed her to the City of San Rafael.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM
RE PG&E SITE AT SECOND AND LINDARO - File 140 x (SRRA) R-254
Ms. Pattie Thayer, resident of San Rafael, spoke of her and others' concerns
regarding toxins on the PG&E site. She acknowledged the City's responsiveness
on holding public meetings on this matter, and stated that a Mr. Hateyama
of the State Health Department reported on Channel 7 News this evening
that their concerns are legitimate and that further investigation is warranted,
She asked that this item be placed on the next agenda of February 21,
1989 as open discussion.
Mr. Robert Marx, resident of San Rafael also spoke of his concerns on
the PG&E site. He asked for 1) Immediate termination of work being done
on the site. 2) More extensive soil testing be done on the on-site and
off-site areas, and that it be conducted by an independent certified soil
testing consultant chosen by "The Concerned Citizens of San Rafael for
Safe Toxic Waste Management". 3) An open public hearing be held on this
matter.
Mayor Mulryan stated the issues brought up by Ms. Thayer and Mr. Marx
were discussed earlier in the San Rafael Redevelopment Agency meeting
and will be brought back to Council at the next meeting of February 21,
1989. He noted that additional steps are being taken to see to it that
independent engineers monitor the plan which has already been approved
by the State to make sure it is being adhered to as a double measure of
safety.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Frugoli seconded, to approve
the recommended action on the following Consent Calendar items:
Item Recommended Action
2. Approval of Minutes of Regular Approved as submitted.
Meeting of January 17, 1989 (CC)
SRCC MINUTES (Regular) 2/6/89 Page 1
SRCC MINUTES (Regul, 2/6/89 Page 2
3. Agreement with PG&E for
Installation of Street Lighting
System Within Lindaro Rule 20A
Underground District (PW) - File
6-46 x 11-4 x 12-18
4. Montecito Rule 20B Underground
District: (PW) - File 6-47 x 12-18
a. Agreement with PG&E for
Payment of Underground District.
RESOLUTION NO. 7898 - THAT THE
CITY OF SAN RAFAEL ENTER INTO
AN AGREEMENT WITH PACIFIC GAS
AND ELECTRIC COMPANY FOR THE
INSTALLATION OF UNDERGROUND
FACILITIES WITHIN THE LINDARO
RULE 20A BOUNDARIES (In amount
of $30,000)
RESOLUTION NO. 7899 - THAT THE
CITY OF SAN RAFAEL ENTER INTO
AN AGREEMENT WITH PG&E TO CONVERT
OVERHEAD ELECTRIC DISTRIBUTION
TO UNDERGROUND (In amount of
$258,723)
b. Agreement with PG&E for RESOLUTION NO. 7900 - THAT THE
Installation of Street Lighting CITY OF SAN RAFAEL ENTER INTO
System. AN AGREEMENT WITH PG&E FOR THE
INSTALLATION OF STREET LIGHTING
UNDERGROUND FACILITIES (In amount
of $14,951.32)
c. Agreement with Pacific Bell for RESOLUTION NO. 7901 - THAT THE
Undergrounding Telephone Wires. CITY OF SAN RAFAEL ENTER INTO
AN AGREEMENT WITH PACIFIC BELL
FOR THE AERIAL TO UNDERGROUND
CONVERSION OF COMMUNICATION
FACILITIES (In amount of $61,267)
5. Resolution Approving the 1988/89 RESOLUTION NO. 7902 - APPROVING
to 1992/93 Major Transportation THE 1988/89 TO 1992/93 MAJOR
Projects in Marin County as TRANSPORTATION PROJECTS IN MARIN
Recommended by the Marin County COUNTY AS RECOMMENDED BY THE MARIN
Urban System Committee (PW) - COUNTY URBAN SYSTEM COMMITTEE
File 171 x 4-10-66 x 11-15.1
7. Marin Street Light Acquisition
Joint Powers Authority - Second
Amendment to Joint Powers
Agreement (PW) - File 11-4
13. Adoption of Revised City of San
Rafael Emergency Plan (FD) -
File 13-11 x 7-1-3 x 9-6-3
15. Approval of Temporary Extension
with Tel -Plus (CM) - File 4-3-88
17. Claims for Damages:
a. Patricia Wade (PD)
Claim No. 3-1-1358
b. Mitsutaka Kashiwazaki (PW)
Claim No. 3-1-1380
c. Ghilotti Bros. (PW)
Claim No. 3-1-1382
RESOLUTION NO. 7903 - AUTHORIZING
SIGNING OF SECOND AMENDMENT TO
THE JOINT EXERCISE OF POWERS
AGREEMENT CREATING MARIN STREET
LIGHT ACQUISITION JOINT POWERS
AUTHORITY (Providing Membership
to Corte Madera and Authorizing
Additional Approved Projects)
RESOLUTION NO. 7904 - ADOPTING
THE CITY OF SAN RAFAEL EMERGENCY
PLAN AND PORTIONS OF THE COUNTY
OF MARIN AND MARIN OPERATIONAL
AREA EMERGENCY PLAN (COMMA EP)
RESOLUTION NO. 7905 - AUTHORIZING
EXECUTION OF AGREEMENT WITH TEL
PLUS FOR RENTAL OF SATURN II E
TELEPHONE SYSTEM (Temporary
Extension on a month-to-month
basis for a period not to exceed
3 months beginning February 1,
1989 at a rental rate of $3,500
per month)
Approved City Attorney's
recommendations for denial
of claims a, b & c.
d. Pamela Koerner Duncan, Baby Approved Insurance Consulting
Girl Duncan & Scott Duncan (PD) Associates, Inc. recommendation
Claim No. 3-1-1364 for denial of claim d.
SRCC MINUTES (Regular) 2/6/89 Page 2
SRCC MINUTES (Regul, 2/6/89 Page 3
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Mayor Mulryan (from approval of Minutes of
Regular Meeting of January 17, 1989 only due
to absence from meeting).
The following items were removed from the Consent Calendar for discussion:
6. RESOLUTION APPROVING THE FIVE YEAR FEDERAL AID URBAN (FAU) PROGRAM
COMMENCING FY 1989/90 RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM
COMMITTEE (PW) - File 4-10-66 x 171 x 11-15.1
Mayor Mulryan asked staff to elaborate on the staff report and Public
Works Director Bernardi stated all projects in the calendar years
1988/89 and 1989/90 were decided upon 4 and 5 years ago with the City
now in the "mill" for 1992/93 for the two projects that are of benefit
to the City. They are: the Andersen Drive/Sir Francis Drake improvements
which consist of extending the left -turn lane into San Rafael from
Sir Francis Drake; and the other, to completely upgrade the Downtown
traffic signal system which basically computerizes the whole system
for a more efficient working program.
Mr. Bernardi stated assuming the Federal Government continues to fund
the program, staff will look at additional projects depending on the
amount of funding appropriated to this process.
RESOLUTION NO. 7906 - APPROVING THE FIVE-YEAR FEDERAL AID URBAN
PROGRAM COMMENCING FY 1989-90 RECOMMENDED BY
THE MARIN COUNTY URBAN SYSTEM COMMITTEE
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. STATUS REPORT ON SHEEP GRAZING PROGRAM (PW) - File 4-10-158 x 9-3-40
x 13-14-1 x 4-10-212
Councilmember Frugoli suggested that staff contact the Marin Farm
Bureau regarding the City having the option to graze open space to
keep posssible fire hazards down.
Councilmember Breiner asked for information on the open space management
plan. Public Works Director Bernardi stated they have just received
proposals from two consultants which are being evaluated on a staff
level. Staff plans to bring this item before the Council on March
20, 1989.
Council unanimously accepted the report.
9. REPORT ON 1313 FOURTH ST. (1301 - 1311) (PW) - File 3-3-44
Mayor Mulryan commented that the City has waited up to the limit on
this building which was gutted by fire about two years ago. He noted
the City has tried to make it clear to the owners how important it
is to the community to have this hazardous property, which is also
an eye -sore, restored back to useful purpose.
After further discussion, Public Works Director Bernardi suggested
that staff proceed on the assumption that the owners are not going
to comply with directions from the City, and asked Council to set
a public hearing for the meeting of February 21, 1989. He noted should
the owners comply and bring the plans in, staff will report this to
Council; however, should they not bring the plans in, Council is to
conduct the public hearing and take action.
Councilmember Boro moved and Councilmember Thayer seconded, that a
public hearing for nuisance abatement be set for the meeting of February
21, 1989 (before the Board of Appeals).
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 2/6/89 Page 3
SRCC MINUTES (Regula 2/6/89 Page 4
10. RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE BELOW MARKET
RATE AGREEMENT BETWEEN CITY OF SAN RAFAEL AND SPINNAKER POINT
PARTNERSHIP RE SPINNAKER POINT UNIT 5 SUBDIVISION - File 5-1-263
Councilmember Boro quoted in part from the staff report..."The City
Attorney advises that the approved tentative map condition allows
the developer the option to either construct the BMR units on-site
or pay the fee", and then quoted from the staff report..."The City
does not have the authority under the condition or applicable Government
Code provisions to require on-site BMR units". He wondered if this
is "across the board" for all projects and asked for clarification.
City Attorney Ragghianti responded negatively, stating that lan rage
was intended to appl only to this project, and to indicate tha they
were not able to do his retroactively.
Councilmember Boro urged that in the future an option for Below Market
Rate housing to be built on the site be provided.
Councilmember Boro moved and Councilmember Thayer seconded, to approve
the staff recommendation that the BMR agreement be modified as recom-
mended and brought back to Council at the February 21, 1989 meeting
for adoption of Resolution Authorizing Execution.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. RESOLUTION GRANTING APPEAL OF PLANNING COMMISSION'S CERTIFICATION
OF A NEGATIVE DECLARATION AND CONDITIONAL APPROVAL FOR A TWO LOT
SUBDIVISION; HIGHLAND AVENUE AT HUBBELL COURT; AP 15-202-38; KEN MASSA;
OWNER; MONTECITO NEIGHBORHOOD ASSOCIATION, APPELLANT, JEFF MULANAX,
REP. (Pl) - File 5-1-311 x 10-6
Councilmember Thayer requested staff review of the Slope Ordinance,
stating it does not have limitations on slopes and is very vague.
Planning Director Pendoley stated a report on the Slope Ordinance
will be brought to Council at meeting of February 21, 1989.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
adopt Resolution.
RESOLUTION NO. 7907 - UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF s87-9, DENYING A TWO LOT SUBDIVISION
ON HIGHLAND AVENUE AT HUBBELL COURT
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE BELOW MARKET
RATE AGREEMENT BETWEEN CITY AND SOUTHWEST DIVERSIFIED, INC., ECUMENICAL
ASSOCIATION FOR HOUSING, AND MARIN COUNTY HOUSING AUTHORITY RE MARIN
LAGOON SUBDIVISION (Pl) - File 5-1-313 x 13-16
Councilmember Breiner referred to page 2 of the staff report and quoted
part of the third paragraph..."In the event the Housing Authority
does not purchase its units, the developer is required to pay to the
City, the City's BMR in -lieu fee". She indicated this goes back to
the fact that there will not be the actual built units available for
Below Market Rate. She said in the past, the City has had the Housing
Authority administer the sale of the units without purchasing the
units, and stated it should be included, that if the Housing Authority
cannot purchase the BMR units, they would facilitate a sale on the
open market for BMR and that those be kept in perpetuity with provisions
and protections as required in the past.
Planning Director Pendoley stated that is the intent of the Housing
Authority and referred to a memorandum from Richard Bornholdt of the
Consulting Group, which details how that provision of the contract
works. He mentioned if EAH runs into a problem within the first 30
days it is turned over to the Housing Authority who has the remainder
of the term of the contract of 130 days to either acquire the 4 units
SRCC MINUTES (Regular) 2/6/89 Page 4
SRCC MINUTES (RegulG_) 2/6/89 Page 5
or to sell them to a third party, but in this case it would be a fourth
party. He stated the fees are collected only as a last resort.
Mr. Richard Bornholdt commented the Housing Authority has the option
should EAH fail to be able to acquire the units to then dispose or
acquire the units through the BMR program and that they are very confi-
dent this could be done within 130 days. He noted that most of the
time limits they are used to working with under the BMR program are
120 days and they have never had a problem meeting that time. Addition-
ally, these particular 4 units would be sold to incomes at 75 percent
of the median which is significantly less than what they are used
to.
Councilmember Breiner asked for clarification of wording in Attachment
"D", page 2,..."In the event the Housing Authority or its Assignee
declines to purchase such units, it may be sold by the Developer on
the open market without restriction as to price".
Mr. Bornholdt responded it is part of the agreement, but when reading
the agreement it states they can acquire the units and also sell them
through their program and in the event they cannot do either, then
the backup position is the payment of in -lieu fees. He noted it is
his feeling and that of the Housing Authority that the option would
never be used.
Councilmember Breiner moved and Councilmember Boro seconded, to adopt
the Resolution,with the understanding of the time periods (of 130
days as previously mentioned by Mr. Bornholdt) .
RESOLUTION No. 7908 - AUTHORIZING EXECUTION OF BELOW MARKET RATE AGREE-
MENT BETWEEN THE CITY OF SAN RAFAEL AND SOUTHWEST
DIVERSIFIED, INC., ECUMENICAL ASSOCIATION FOR
HOUSING, AND MARIN COUNTY HOUSING AUTHORITY
RE MARIN LAGOON SUBDIVISION.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. AUTHORIZATION FOR CITY MANAGER TO SIGN AGREEMENT WITH WILLIAM LELLIS
FOR INSPECTION SERVICES IN FIRE DEPARTMENT (FD) - File 9-3-31 x 7-3
Mayor Mulryan questioned the need for staff to seek outside services
at this time.
Fire Chief Marcucci stated the Fire Prevention Bureau is composed
of only two people, the Fire Marshal and an Inspector who have experi-
enced an increase in their workload beyond what they can effectively
manage, noting right now there are 80 to 100 permits outstanding that
need to be processed.
Chief Marcucci stated this interim solution would be paid from the
already established fee schedule and that this would not be a new
program, but the continuation of an existing procedure.
Councilmember Frugoli requested clarification of whether this work
would coincide with enforcement of codes by the Public Works Department
and Chief Marcucci responded whenever they have inspections they look
for other violations and, if found, they are reported to the Planning
Department or Public Works Department.
Councilmember Frugoli moved and Councilmember Thayer seconded, to
adopt the Resolution.
RESOLUTION NO. 7909 - AUTHORIZING CITY MANAGER TO SIGN AGREEMENT WITH
WILLIAM LELLIS FOR INSPECTION SERVICES IN THE
FIRE DEPARTMENT (from February 6, 1989 to October
9, 1989)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 2/6/89 Page 5
SRCC MINUTES (RegulE 2/6/89 Page 6
16. RESOLUTION AUTHORIZING CREATION OF A DEPUTY CITY ATTORNEY FOR CITY
ATTORNEY'S OFFICE (CM) - File 9-3-16 x 7-3
Mayor Mulryan asked staff for further explanation.
City Attorney Ragghianti stated on September 30, 1988, the then Assis-
tant City Attorney resigned her position with the understanding that
she could return to a position as a half-time Attorney. She plans
to return on February 21, 1989 at half-time, 20 hours per week. Mr.
Ragghianti stated this will cost the City no more money than presently
budgeted and noted he will take a $1,500 a month reduction in salary
starting February 15, 1989 and these funds will apply to payment for
the Deputy City Attorney.
Mr. Ragghianti stated the half-time position would get the same benefits
as any other half-time City employee.
Assistant to the City Manager Golt stated half-time employees have
pro -rated benefits but are not eligible for the retirement or dental
programs.
Councilmember Breiner moved and Mayor Mulryan seconded, to adopt the
Resolution.
RESOLUTION NO. 7910 - AMENDING RESOLUTION 7839 BY CREATING THE NEW
CLASSIFICATION OF DEPUTY CITY ATTORNEY (Salary
Range $3,511 - $4,131)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
18. MID YEAR STATUS REPORT ON 1988/89 BUDGET (CM) - File 8-5
City Manager Nicolai stated at the Budget Hearing held in June, 1988,
based on projections that revenue for this year would be tight, staff
suggested coming back after six months and giving Council some actual
numbers and then re-evaluate the unfunded positions as well as unfunded
projects in light of any new information staff might have.
She stated the revenue picture looks more optimistic than projected.
Property Transfer Tax and Property Tax are up and Sales Tax is up
slightly with a projection of 2Z percent increase for this whole fiscal
year and now it is about 3 percent. In addition, substantial projects
have been processed and staff estimates construction fees during this
fiscal year will be $200,000 over what was projected. The Vehicle
Code violations are down $125,000 primarily because the three Police
Officer positions were not filled and the Motor Vehicle In -lieu fees
are up $50,000. Overall, there should be $465,000 more in revenue
than estimated.
Ms. Nicolai noted the Department Heads group looked at the unfunded
positions in the current budget including the list of projects and
issues that have arisen, recommending some be approved and some be
added but not necessarily full time positions.
In speaking with Police Chief Ingwersen concerning the Police Officer
positions, Ms. Nicolai stated if they were to authorize hiring, they
would not be"on board"because the hiring process takes several months.
She suggested authorization to proceed to develop an eligibility list,
then through the budget process, looking into the next fiscal year,
if any additional positions are approved, hiring could take place
immediately.
Ms. Nicolai recommended that the base mapping for the Terra Linda
Basin be approved. The Redevelopment Agency in conjunction with the
San Rafael Sanitation District is funding the San Rafael Basin project
this fiscal year. She stressed the importance of the maps in having
the zoning and implementation programs done as required in the General
Plan, noting Redevelopment money is not available for the Terra Linda
Basin, nor monies from other Agencies they hoped to have participate,
therefore, the full funding of $73, 800 is -recommended-to have this
project done.
SRCC MINUTES (Regular) 2/6/89 Page 6
MOW
SRCC MINUTES (RegulE 2/6/89 Page 7
Ms. Nicolai stated some items may come up in the next few months and
they want to have some monies reserved for them. She noted the phone
system needs have been brought up in the past; a report on asbestos
removal in City buildings will be made, and the open space study which
has already been addressed may need additional funding. Each of these
projects would involve contractural arrangements and would come back
to Council.
Last year a large increase was allocated by the County for the City's
share of animal control, and Ms. Nicolai indicated it is projected
that the cost will double this year. She said the City/County Issues
Committee wants to take a comprehensive look at not only what the
shared costs will be, such as the Major Crimes Task Force and now
Animal Control, but what might come forward in the future, including
its rationale. San Rafael's share of the study, which would be done
on a Countywide basis, is $4,000. She indicated the City needs the
participation of the County for its information, but if the study
is funded by the City it should be done from the City's point of view.
In response to two questions by Councilmember Boro: 1) Were sales
taxes for the third quarter being added to the $465,000, Ms. Nicolai
responded not completely, but that Finance Director Coleman projects
it would maintain a slight increase over what was projected through
the balance of the fiscal year; and 2) Councilmember Boro stated he
did not see the base mapping listed on the partial list of Unfunded
Pro]ects used during budget hearings and Ms. Nichol stated it was not
listed.
Mayor Mulryan interjected this is a continuation of a project that
has been going on for some time and a precise map must be done.
Ms. Nicolai stated although many other activities were discussed on
a Citywide basis, she was not aware at that time of how important
the data base was as a high priority implementation program of the
General Plan. When it was brought to her attention by Principal Planner
Freitas a few months ago and this was identified as a project, Ms.
Nicolai informed her they would have to wait and see if there would
be any monies this fiscal year, then have it evaluated with other
priorities. Meantime they were to seek out cooperative sources of
funds but none were available, and this is what created its higher
priority.
Councilmember Frugoli moved and Councilmember Breiner seconded, to
accept the staff report.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
REPORT ON SUBDIVISIUN COMMITTEE MEETINGS/ACTIONS ( Pl ) - File 5-1 x
10-2 x 9-3-40
Planning Director Pendoley stated at Council's request staff researched
records on the establishment of the Subdivision Committee dating back
to 1953 when the Subdivision Ordinance was adopted. He noted it is
a procedure that is commonly used in California cities and counties
and from the staff's view, it works relatively well for the City and
moves routine cases through the Public Works and Planning Department
more quickly, amounting to a savings to the City and a benefit to
the property owner. He noted staff has been moving approximately 18
cases a year over past years which is a fairly heavy load and
staff is careful to refer cases that are difficult or controversial
that may require more discretion than staff feels comfortable using
on to the Planning Commission. He also mentioned there is an appeal
process to the City Council.
Mayor Mulryan urged that this committee not be used for any subdivision
when the issue of the sudivision itself is of broader community interest,
noting it then should be referred to the Planning Commission without
the Committee getting involved.
Councilmember Breiner noted the Subdivision Ordinance requires the
Planning Commission Chair to be notifed but in practice this has not
been done. She asked that the Planning Chair be made aware of what
is on the agenda for the Planning Director and the Public Works Director
so that if that person has any questions it would be an early warning
signal that could be very useful.
SRCC MINUTES (Regular) 2/6/89 Page 7
SRCC MINUTES (Regula_ 2/6/89 Page 8
Councilmember Boro suggested that the Planning Commission and City
Council be made aware before final approval, of what is about to happen.
20. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1557 - AN ORDINANCE
OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE ADDITIONS AND AMENDMENTS
TO THE MARIN COUNTY ANIMAL CONTROL CODE AND AMENDING THE PENALTY CLAUSE
(RE POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS) (CA) - File 4-13-54
x 13-3
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE ADDITIONS
AND AMENDMENTS TO THE MARIN COUNTY ANIMAL CONTROL CODE AND AMENDING
THE PENALTY CLAUSE" (RE POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS)
Councilmember Breiner moved and Councilmember Thayer seconded, to
dispense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1557 by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. REPORT ON PEACOCK GAP PARK CONSTRUCTION (PW) - File 6-37
Councilmember Frugoli mentioned at a meeting held Thursday at the
Peacock Gap Golf Course residents from Peacock Greens were concerned
about their park and monies collected from the developer on this project.
Finance Director Coleman stated there is approximately $600,000 in
a separate fund with the interest going back into the park fund.
Public Works Director Bernardi stated when the Improvement District
was formed, approximately $753,000 was set aside for this project.
Because of concerns raised at budget hearings about staffing levels
the Council decided to proceed cautiously with the construction of
the park and authorized preparation of plans and specifications for
the project which amounted to $44,000. This is awaiting Council's
authorization to call for bids. He stated grading and some drainage
improvements have been completed, noting the contractor was at the
project working on grading for the subdivision and it was cheaper
to go ahead and have the grading performed at that time since the
equipment was there. This cost approximately $85,000. The trees were
planted and installation of a drip irrigation system was done which
cost approximately $64,000. The remainder of improvements consisting
of facilities, equipment storage room (part of the restroom building),
tot lots, turf areas and tennis courts are left for construction.
Mr. Bernardi stated staff's concern is the ability to maintain the
park once it is built given the staffing levels in his department.
He stated Council made a commitment that the park would be constructed
when the Improvement District was formed but that it would be done
at the discretion of the Council.
City Attorney Ragghianti stated he thought Mr. Bernardi was correct
but could not state for certain without review of the approval back-
ground.
Mr. Dick Sealy, resident of Peacock Greens noted he had a sheet with
48 signatures of homeowners from the Peacock Greens Subdivision stating
they were all told when they purchased their lots that a park would
be built at the end of Peacock Drive. He said initially $753,000
was allocated and the City has spent some on work mentioned by Mr.
Bernardi with $600,000 left and noted the residents are asking Council
to proceed with the park. He understood that under a new law, AB 1600,
Section 66000, which went into effect in January, when a City such
as San Rafael collects fees from -a developer -for a designated purpose
and does not spend the money within five years, that if the City cannot
build the park, the residents then may request the City to give the
funds to the residents who would develop the park.
City Attorney Ragghianti noted that AB 1600 became effective January
1989 and that Mr. Sealy is correct when he stated the legislation
SRCC MINUTES.(Regular) 2/6/89 Page 8
SRCC MINUTES (Regulr ` 2/6/89 Page 9
does provide fees collected for development for discretionary projects
approved by the City must be spent within five years. He noted he
did not believe the legislation is retroactive; however, once a year
the City is to report on whether or not those funds are still intended
to be utilized.
Mr. Jim Finklestein, resident of Peacock Greens noted the homeowners
are willing to consider maintenance options and suggested there be
some type of hearing to present those options to Council which might
consist of deferring construction of bathrooms, tennis courts, etc.
They are also willing to consider some degree of maintenance agreement
to pay for a portion of the maintenance. He stated they did not believe
that co -mingling the issue of vandalism is relevant and that this
should have been addressed five years ago when the Planning Commission
and Council addressed the issue of going ahead with the Park or not.
Finally, they want to be assured that the funds are set aside and
accruing interest at a competitive rate and asked for an accounting
including the name of the escrow account and interest accumulated.
After further discussion, Council directed staff to look at other
sources, including the community and phasing, and to set a specific
line item cost to parts of the park, requesting staff to work with
the community and bring this back to Council at the earliest possible
time. Council also agreed that information on the escrow account is
a reasonable request.
Mr. Dick Sealy will be the contact person from Peacock Greens.
22. ACCEPTANCE OF FINANCIAL STATEMENTS AND AUTHORIZE RELEASE OF BUSINESS
IMPROVEMENT DISTRICT FUNDS (Fin) - File 183
Finance Director Coleman stated seven years ago the City created a
Business Improvement District (BID) based on the business license
fees. The BID is made up of businesses in the Downtown Area and the
City has since then collected money annually and distributed that
money back to the BID. To date, there are two years on deposit, noting
the BID has submitted financial statements as required.
Mr. Greg Borelli, President of the BID stated they had a very success-
ful calendar of events last year and have mapped out a calendar of
events for this year, noting with the City releasing the funds it
would enhance the program.
Ms. Diana Mordock stated they are focusing on San Rafael as a community
including its history to try to bring the people back and trying to
get as many merchants involved on a voluntary basis as possible.
Mayor Mulryan thanked Mr. Borelli and Ms. Mordock for their reports
and wished them the best for this year.
Councilmember Boro stated the City of Chico's downtown merchants have
a program whereby they promote an "opening" one night before Thanks-
giving in getting ready for the holidays and suggested their Chamber
of Commerce be contacted for information on this type of program.
Councimember Thayer moved and Councilmember Frugoli seconded, to release
the Business Improvement District funds of $18,745.98.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. APPROVAL OF WORK PROGRAM TO COMPLETE A CITY-WIDE CHILD CARE NEEDS
ASSESSMENT STUDY AND ADOPT RESOLUTION AUTHORIZING A LOCAL PLANNING
GRANT TO STATE DEPARTMENT OF EDUCATION FOR $25,000 TO FUND A SAN RAFAEL
CHILD CARE TASK FORCE AND NEEDS ASSESSMENT STUDY (Rec) - File 202 x
9-3-65
City Manager Nicolai stated one of the implementation programs of
the General Plan is to do a Child Care Needs Assessment Study for
the City of San Rafael, and the Chamber of Commerce, in particular
their Public Issues Committee, has been interested in participating
in this study. Meantime, as staff worked through a work program with
them in setting up a schedule,funds became available through the State
SRCC MINUTES (Regular) 2/6/89 Page 9
SRCC MINUTES (Regul, 2/6/89 Page 10
and a grant application was made up for outside funding. She noted
they will also be looking for funds from businesses, sponsors including
the County, and the City.
Councilmember Breiner moved and Councilmember Thayer seconded, to
adopt the Resolution.
RESOLUTION NO. 7911 - AUTHORIZING A REQUEST FOR A LOCAL COORDINATION
GRANT FOR $25,000 TO THE STATE DEPARTMENT OF
EDUCATION FOR THE SAN RAFAEL CHILD CARE TASK
FORCE NEEDS ASSESSMENT STUDY.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM
Councilmember Breiner moved and Councilmember Thayer seconded, that an
emergency situation, as defined by Government Code Section 54956.5, exists
and that it be placed on the agenda.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
1. PROCESSING OF EMBASSY SUITES HOTEL - File 5-1-312 x 10-2 x 10-7
Mayor Mulryan stated he and Councilmember Boro attended a meeting
this morning with two members of the Planning Commission and two members
of the Design Review Board as well as some staff members, to discuss
how to best get through the design review process with respect to
Embassy Suites. They decided to select two delegates each from Council,
Planning Commission and Design Review Board, to go through the various
proposals, particularly the most recently proposed one after Taliesin
on design, then on an informal basis give some guidance to the developer
to expeditiously go through the formal process.
Mayor Mulryan asked that:l) Delegates from the City Council be appointed;
2) Concerns be given to the delegates for action.
Councilmember Breiner moved and Councimember Thayer seconded, to appoint
Mayor Mulryan and Councilmember Boro as delegates.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
There being no further business, the meeting was adjourned at 9:20 PM.
JEANNE . LEONCINI, 6ity Clerk
APPROVED THIS DAY OF 1989
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 2/6/89 Page 10