Loading...
HomeMy WebLinkAboutCC Minutes 1988-03-07SRCC MINUTES (Regular 3/7/88 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 7, 1988 AT 6:30 PM. Regular Meeting CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION AND LABOR RELATIONS - File 1.4.1.a No. 88-5(a) - #1 - Monique Lau vs. City of San Rafael. No. 88-5(b) - #7. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 7, 1988 AT 8:00 PM. Regular Meeting: Present: Lawrence. E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Joan Thayer, Councilmember Absent: Albert J. Boro, Councilmember Also Present: Pamela J. Nicolai, City Manager; Mary Casey, Assistant City Attorney; Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM ARBOR DAY CELEBRATION - File 109 Mrs. Sandra Sellenger, representative of the Peacock Gap Garden Club of Marin, thanked Mayor Mulryan and Councilmembers for the City's support in celebrating Arbor Day at San Rafael High School and asked for support from the local newspapers to cover the Centennial activities held at the High School and also for support from businesses as well. CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the Recommended Action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meeting of February 1, 1988 (CC) 3. Call for Applications Due to Expiration of Term of Fire Commissioner H.R. "Rusty" Ghilotti (CC) - File 9-2-5 4. Consideration of Proposals for 1988 Community Development Block Grant Funds (Rec) - File 147 x 9-3-65 5. Renewal of Memorandum of Under- standing (MOU) with Orca Swim Club (Rec) - File 4-10-172 RECOMMENDED ACTION Approved as submitted. Approved staff recommendation: a) Call for applications to fill a 4 -year term to expire end of March, 1992, with deadline for receipt of applications Tuesday, March 29, 1988 at 12:Noon in the City Clerk's Office. b) Set date for interviews of applicants, including incumbent, at a Special Council meeting to be held on Monday, April 4, 1988, commencing at 6:30 PM. Approved staff recommendation, accepting report and authorizing staff to submit grant proposals for 1988-89 Community Development Block Grant funding. RESOLUTION NO. 7686 - AUTHORIZING THE SIGNING OF AN AGREEMENT RENEWAL OF MEMORANDUM OF UNDERSTANDING WITH TERRA LINDA ORCA SWIM CLUB/1988 (for one year). SRCC MINUTES (Regular) 3/7/88 Page 1 SRCC MINUTES (Regular, 3/7/88 Page 2 6. Report on State Mandated Seismic Accepted report and directed staff Safety Program (PW) - File to bring back to Council, a complete 13-11 x 9-3-40 x 9-2-26 Policies and Procedures Document for the implementation of SB547. 9. Contract with Morris Finisy, for Plans and Specifications Seismic Structural Repairs at Falkirk Cultural Center (Lib/Cul.Affs) - File 4-3-196 9-3-84 AIA, RESOLUTION NO. 7687 - AUTHORIZING for CITY MANAGER TO EXECUTE AGREEMENT WITH MORRIS FINISY, AIA, FOR PROFESSIONAL SERVICES, NOT TO EXCEED X $3,500 FOR INVESTIGATION AND PRELIMINARY DESIGN WORK RELATED TO SEISMIC REPAIRS AT FALKIRK CULTURAL CENTER. 10. Elimination of Swimming Pool RESOLUTION NO. 7688 - AUTHORIZING at Falkirk (Lib/Cul.Affs) - File AN EXPENDITURE OF $3,000 FOR 9-3-84 x 8-5 DEMOLITION OF THE SWIMMING POOL ON THE GROUNDS OF FALKIRK CULTURAL CENTER. 11. Cultural Affairs Multi -Year Plan (Lib/Cul.Affs) - File 9-3-84 x 9-2-24 12. Authorization to Apply for Library Services Construction Act Grant (Lib/Cul.Affs) - File 4-10-217 Approved staff recommendation, accepting Cultural Affairs Commission recommendation to adopt Cultural Affairs Multi -Year Plan. RESOLUTION NO. 7689 - AUTHORIZING STAFF TO APPLY FOR LIBRARY SERVICES CONSTRUCTION ACT GRANT, "OLDER ADULTS MATERIALS COLLECTION DEVELOPMENT 1987/88". 13. Request Approval for the Partial Approved staff recommendation; Closure of Civic Center Drive Bicycle race to take place on for Marin Velodrome Thirteenth Sunday, April 17, 1988, between Annual Bicycle Race (PD) - File hours of 9:a.m. and 5:p.m. 9-3-30 14. Legislation Affection San Rafael (CM) - File 9-1 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro Approved staff recommendation: OPPOSED ACA 4 (Moore) Utility Users and Sales Taxes. SUPPORTED ACA 32 (Bradley) Reduction in Vote Requirement for General Obligation Bonds. Frugoli, Thayer & Mayor Mulryan 7. RESOLUTION OF APPRECIATION FOR CONGRESSWOMAN BARBARA BOXER (PW) - File 102 x 9-3-40 Mayor Mulryan stated he would be in Washington D. C. to attend the National League of Cities annual meeting and suggested to Council that he personally present the Resolution to Congresswoman Boxer while there. Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt the Resolution of Appreciation for Congresswoman Barbara Boxer, and that Mayor Mulryan present the Resolution to her while in Washington D. C. RESOLUTION NO. 7690 - RESOLUTION OF APPRECIATION FOR CONGRESSWOMAN BARBARA BOXER, SAN RAFAEL'S RESPRESENTATIVE IN WASHINGTON, D.C. (for her help in securing funding for the maintenance dredging of the San Rafael Canal and guidance toward implementation of a General Investigation Study Re solution to flooding in the City). AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro SRCC MINUTES (Regular) 3/7/88 Page 2 SRCC MINUTES (Regular, 3/7/88 Page 3 8. ADOPTION OF RESOLUTION DENYING APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF SECOND DWELLING UNIT AT 42 SEA WAY IN EXISTING SINGLE FAMILY RESIDENCE, MARGARET McAVOY, OWNER; JOHN W. ROSENBERG FOR MARINA VISTA IMPROVEMENT CLUB, APPELLANT; AP9-042-12 (Pl) - File 10-5 Discussion was held between Councilmember Frugoli and staff concerning why the subdivision's CC&Rs would not prevail, with Planning Director Anne Moore indicating the City Attorney had made the determination the City is not a party to or bound by the CC&Rs with regard to the Second Dwelling Unit Use Permit. Councilmember Frugoli indicated he would be voting "No" on this issue and asked Assistant City Attorney Casey if he could vote or if he had to abstain from voting because he had not attended the previous meeting when this issue came up. Assistant City Attorney Casey stated that unless Councilmember Frugoli was familiar with the hearing, she recommended that he abstain from voting on this matter. RESOLUTION NO. 7691 - DENYING APPEAL OF PLANNING COMMISSION CONDITIONAL APPROVAL OF A SECOND DWELLING UNIT IN EXISTING SINGLE FAMILY RESIDENCE AT 42 SEA WAY. AYES: COUNCILMEMBERS: Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro ABSTAINED: COUNCILMEMBERS: Frugoli 15. PUBLIC HEARING ON REPORT OF COST OF REPAIRING DEFECTIVE SIDEWALK AT 298 OLEANDER DRIVE (PW) - File 11-7 x 9-3-40 Mayor Mulryan declared the public hearing opened. Public Works Bernardi stated that staff became aware of a hazardous condition in front of a property located at 298 Oleander Drive with trees on private property that raised the sidewalk creating a serious tripping hazard. He indicated this being a rental property, the tenants were notified by the Maintenance personnel but no repairs took place. Subsequently, staff learned the owners were Ward Investment Company, located in Santa Rosa. Pursuant to the provisions of the Improvement Act of 1911, which is in the Streets and Highways Code, a Notice to Repair the sidewalk was mailed to the property owner on November 17, 1987 with no response received. Again, in accordance with the Code, on December 10, 1987, a second and final Notice was sent by Certified Mail to the owner and the property was posted as required by the Code, with no response. Mr. Bernardi indicated that the Streets and Highways Code provides that should the property owner not make the repairs as requested, the Superintendent of Streets shall do so and costs placed as a lien against the property. Staff solicited two bids to do the repair work which was done on January 29, 1988 by Ghilotti Bros., Inc. (low bidder), at a cost of $1,560.00. Mr. Bernardi indicated to Council that all necessary documents were attached to the staff report. There being no other comments, Mayor Mulryan closed the public hearing. RESOLUTION NO. 7692 - CONFIRMING THE REPORT OF THE SUPERINTENDENT OF STREETS, LEVYING ASSESSMENT FOR THE REPAIR OF SIDEWALKS, ETC., AND ORDERING COLLECTION THEREOF WITH REGULAR TAXES AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro SRCC MINUTES (Regular) 3/7/88 Page 3 SRCC MINUTES (Regular 3/7/88 Page 4 16. RESOLUTION CALLING SPECIAL ELECTION FOR PURPOSE OF PLACING A MEASURE BEFORE THE VOTERS OF THE CITY OF SAN RAFAEL ON TUESDAY, JUNE 7, 1988 TO AMEND THE MUNICIPAL CODE TO IMPOSE A PARAMEDIC SPECIAL SERVICE TAX ON NON-RESIDENTIAL STRUCTURES; REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION HELD ON THE SAME DATE; REQUESTING ELECTION SERVICES OF COUNTY CLERK; AND REQUESTING THE CITY ATTORNEY TO PROVIDE AN IMPARTIAL ANALYSIS (CC) - File 9-4 x 9-3-31 RESOLUTION NO. 7693 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: (Re: Municipal Code 1) CALLING A SPECIAL MUNICIPAL ELECTION FOR THE Amendment to PURPOSE OF PROPOSING AN AMENDMENT TO THE MUNICIPAL Impose a Paramedic CODE OF THE CITY OF SAN RAFAEL, AND SUBMITTING Special Service Tax THE SAME TO THE ELECTORS OF SAID CITY AND ORDERING on Non -Residential THE PUBLICATION THEREOF; Structures) 2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; 4) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro 17. REPORT ON SHEEP GRAZING PROGRAM (PW) - File 4-10-212 x 9-3-40 Mayor Mulryan stated the staff report suggests that because of the low rainfall this year the grass is short, only four inches tall, and that the City "take a break" from the program and have a study done of the Land Management Policy. Public Works Director Bernardi added that staff is in the process of discussions with the County of Marin on an Open Space District Management Plan to work out details and address the various concerns raised. Councilmember Frugoli stated that because of the dry summer coming up the people deserve to be protected as they always have been, indicating the program of sheep grazing has kept fire hazards at a minimum in that area, and that fire hazards outweigh the wild flowers, adding that the City should continue the program to have the sheep keep the foliage down. He included that the number of sheep could be cut down and that staff should monitor the program on an ongoing basis. In response to Councilmember Thayer's question as to staff's clarification of it's recommendation, Mr. Bernardi stated staff is recommending that no sheep grazing be done this year. He stated he has had discussions with the rancher as to whether it would be economically feasible to cut down the number of sheep to 300 or 400 but has not received an answer as yet. Councilmember Breiner noted that one of the problems of sheep grazing was that the ridges were being overtrampled and some of the properties behind the houses were not getting the foliage reduced as much as it should, and wanted to be certain that this area will have attention during the summer. Mr. Bernardi stated one year they used the services of the Marin Conservation Corps and also mowed some of the areas they had access to; and another year they used summer youth workers who cut some of the grass which cost the City $15,000. He noted that Fire Chief Marcucci informed him that based on what has been looked at so far in the open space and because of the sheep grazing programs during the past years, the fuel load is less, indicating the likelihood of a problem occurring this year is a lot less than it would have been six years ago but that does not mean there is not going to be a problem, and if there should be a problem it will be of a lesser degree. Mr. John Quin -Harkin, resident of San Rafael, spoke in favor of keeping the sheep grazing program. SRCC MINUTES (Regular) 3/7/88 Page 4 SRCC MINUTES (Regular, 3/7/88 Page 5 Mrs. Jean Starkweather stated she and some of the City's staff walked through the open space area in question, indicating she found a number of negative problems with sheep grazing, mentioning that the main point of having the sheep in the first place was to reduce the danger of fire. She noted that last year the shepherd herded his sheep up and down the ridges so there was no vegetation left by the end of Spring on the ridges, and the place where the vegetation was to be reduced in height behind the houses was not done. Mrs. Starkweather urged Council to accept staff's recommendation for the Open Space Management Plan, indicating she was first concerned that only a Range Management Plan would be looked into, and that the Open Space Bond passed by the City in 1972 states that the lands are for the use and enjoyment of the people and does not mention agricultural uses or sheep pasture. Shepherder John Bidauretta stated he began sheep grazing late in May, 1987, and stated the grass was already dry at that time, indicating it is best to have the sheep graze at this time of year because the grass is green. In regard to the size of the herd, he stated it would not be feasible to cut the amount of sheep back to less than 800. Mr. Bidauretta stated Lucas Valley has fires every year indicating it is necessary to have those hills grazed annually. In response to Councilmember Thayer's question as to the amount of fires on the hills, Fire Chief Marcucci responded there have been less fires since sheep grazing began. After further discussion, Council directed staff to bring a report back to Council at the meeting of March 21, 1988, on the following: 1) Get a reasoned response from the rancher as to whether or not a smaller herd would be feasible. 2) Whether or not the smaller number of sheep could be directed to the lower areas behind the houses and kept away from the ridges. 18. REPORT ON PROPOSED SAN RAFAEL CANAL DREDGING ASSESSMENT DISTRICT NO. 2 (PW) - File 6-45 Public Works Director Bernardi stated the recommendation being made is to abandon the City's involvment in the San Rafael Canal Dredging Assessment District No. 2, because the act of dredging the areas outside the Federal channel would expose the City to liability as the dredging occurs. He noted they have investigated insurance coverage for this project and no company will provide coverage to the City, noting it is therefore in the City's best interest not to get involved. He stated he has discussed this issue with the Homeowners'Association who will proceed on a private basis as they did on the last dredging. Councilmember Breiner moved and Councilmember Thayer seconded, to accept report and directed staff to bring back a Resolution Abandoning Assessment District Proceedings at the meeting of March 21, 1988. AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro 19. STATUS REPORT ON RECONSTRUCTION OF FIRE DAMAGED BUILDING AT 1301-1311 FOURTH STREET (PW) - File 3-3-44 Public Works Director Bernardi stated at Council meeting of February 1, 1988, staff was directed to have the property owners of 1301-1311 Fourth Street perform certain repairs to the building, noting they have been completed with the exception of the temporary roofing. In the course of clearing the debris out of the building, it was determined that some of the upper walls were burned too badly to be saved and to add a roof at this time complicated issues because it did not involve the archi- tectural features of the building. Therefore, staff would defer any roofing until the architectural review and Planning Commission review of the project have taken place. Mr. Bernardi stated the Applicant has submitted all documents required within the 30 days by the Council and the next step would be for the Applicant to work with Planning staff to retain the various approvals of Design Review Board, Cultural Affairs Commission and Plannning Commis- sion to reconstruct the building. SRCC MINUTES (Regular) 3/7/88 Page 5 SRCC MINUTES (Regular. 3/7/88 Page 6 In response to Mayor Mulryan's question as to the owner reconstructing the same exterior that was there before the fire and if the time frame could be shortened, Mr. Bernardi responded that the building has been designated an historic building. He indicated concern with the lower part of the building, pointing out that it will need to be restored back to what it was originally rather than with store fronts that currently exist, indicating time will have to be spent with the Applicant and the building's architect to work this out. Mayor Mulryan indicated that he realizes it is not a simple task, but wants staff to do whatever they can to have the property reconstructed so it can become leasable. Mr. Bernardi stated he feels the Applicant would want to move rapidly to meet the necessary requirements, indicating he will report back to Council, if necessary. 20. CONSTRUCTION PROGRESS REPORT FOR OAKWOOD SUBDIVISION (P1) - File 5-1-244 Planning Director Moore stated the report was prepared primarily as a result of several occasions when representatives of the West End Neigh- borhood Association and some residents in the area posed questions to the Council and staff regarding the manner in which the subdivision was being constructed. She thanked Ms. Debbie Peterson of Forsher and Guthrie, who, as a contract planner was involved with this subdivision because of several modifications to the original subdivision and design review applications for individual homes on specific lots. Staff has been concerned as there have been numerous incidents of site clearing or grading occurring prior to finalization or even submittal of applica- tions for authorization for this type of work. Councilmember Thayer asked Ms. Moore what steps can be taken when there is a non-compliance situation, and Ms. Moore responded by red -tagging and halting the work; however, if the vegetation is already removed, it becomes difficult to do anything. For the most part, it has not been a situation where significant trees that should have been preserved had been removed, but brush and minor vegetation have been cleared prior to having the biological preserve fence appropriately located. Mayor Mulryan stated that the staff report was well done. Mr. Harry Winters, representative of West End Neighborhood Association, also indicated that Ms. Peterson was very helpful in showing up on the site and going over the specific individual issues brought up. He noted that the City has cooperated with them and issued a punch list that must be completed before they give the developer the Notice of Completion, adding that not much of the list has been accomplished. He referred to a letter sent to the developer by the City which stated that these matters should be cleared up prior to issuance of any new building permits, and added seven houses are already built with one lot remaining which could be sold, therefore, the developer may not need any more permits. Mr. Winters wanted to know if the City has any recourse to force the developer to comply with the City's guidelines. Ms. Moore stated the primary leverage has to do with the City's acceptance of some of the improvements, but indicated it does not have any leverage relative to the six homes built and occupied, noting that primarily it would be the acceptance and final approval of the subdivision improve- ments. Council accepted staff report, without motion. 21. RESOLUTION CALLING SPECIAL ELECTION FOR PURPOSE OF PLACING A MEASURE BEFORE THE VOTERS OF THE CITY OF SAN RAFAEL ON TUESDAY, JUNE 7, 1988 TO AMEND THE CHARTER TO CHANGE CITY ATTORNEY POSITION FROM ELECTIVE TO APPOINTIVE POSITION; REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION HELD ON THE SAME DATE; REQUESTING ELECTION SERVICES OF COUNTY CLERK; AND REQUESTING THE CITY CLERK TO PROVIDE AN IMPARTIAL ANALYSIS (CC) - File 9-4 x 9-3-16 Councilmember Breiner asked if Council would authorize her as a member of the Citizens Committee to have the responsibility of writing the ballot argument in favor of the Measure C. SRCC MINUTES (Regular) 3/7/88 Page 6 SRCC MINUTES (Regular, 3/7/88 Page 7 City Clerk Leoncini read the preference and priority in selection of arguments to be printed in the Sample Ballot as follows: (a) City Council of the City of San Rafael, or member or members of the City Council authorized by the City Council. (b) The individual voter or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure. (c) Bona fide associations of citizens. (d) Individual voters who are eligible to vote on the measure. Mrs. Leoncini stated having a Councilmember on the committee would have first preference to draft the wording. In response to Councilmember Frugoli's question if the other side would have an option to also have a proposal, Mrs. Leoncini indicated affirm- ately, stating there will be an argument "for" and an argument "against," adding that it has been Council policy that rebuttal arguments not be accepted. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution and authorized Councilmember Breiner, as a member of the Citizens' Committee, to write the ballot argument in favor of Measure C. RESOLUTION NO. 7694 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AYES: COUNCILMEMBERS: Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: Boro 22. RECOMMENDATION FOR DISPOSAL OF SURPLUS PROPERTY AT 335 FORBES AVENUE IN SAN RAFAEL (RA) - File 2-7 x 9-3-40 Assistant Executive Director Ours stated repairs have been completed at 335 Forbes Avenue, indicating the City now wants to sell the property and noting about 15 to 20 people have inquired about the sale. Council unanimously approved staff recommendation that in accordance with City Resolution No. 5734, Establishing a Policy for the Sale of Surplus Land, to refer the proposed sale along with a favorable recom- mendation to the Planning Commission for review, recommendation and determination as to conformity with the General Plan. 23. CORRESPONDENCE RE CREST MARIN II, CRESTA DRIVE (220 RENTAL UNITS) -File 115 Councilmember Breiner stated she had met with representatives of Ross Company and was concerned with their problem that there may be a possibi- lity that timing would be against them. She requested this item be refer- red back to staff for review, indicating that rental housing provides a number of below market rate units and wants to be certain the City is not jeopardizing this opportunity, on Cresta Drive off Smith Ranch Road. Councilmember Breiner moved and Councilmember Thayer seconded, to have staff review the request by The Ross Company, to see if it would be prejudicial to the General Plan process or if it meets with what the City is trying to achieve in terms of below market rental units, and that it be brought back to Council. Staff to also include a list of other projects with similar circumstances. SRCC MINUTES (Regular) 3/7/88 Page 7 SAN RAFAEL: (Re: Charter Amend- 1) CALLING A SPECIAL MUNICIPAL ELECTION FOR THE ment to change City PURPOSE OF PROPOSING AN AMENDMENT TO THE CHARTER Attorney Position OF THE CITY OF SAN RAFAEL, AND SUBMITTING THE from Elective to SAME TO THE ELECTORS OF SAID CITY AND ORDERING Appointive Position) THE PUBLICATION THEREOF; 2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLI- DATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK. 4) REQUESTING THE CITY CLERK TO PREPARE AN IMPARTIAL ANALYSIS OF SAID MEASURE. AYES: COUNCILMEMBERS: Breiner, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: Boro 22. RECOMMENDATION FOR DISPOSAL OF SURPLUS PROPERTY AT 335 FORBES AVENUE IN SAN RAFAEL (RA) - File 2-7 x 9-3-40 Assistant Executive Director Ours stated repairs have been completed at 335 Forbes Avenue, indicating the City now wants to sell the property and noting about 15 to 20 people have inquired about the sale. Council unanimously approved staff recommendation that in accordance with City Resolution No. 5734, Establishing a Policy for the Sale of Surplus Land, to refer the proposed sale along with a favorable recom- mendation to the Planning Commission for review, recommendation and determination as to conformity with the General Plan. 23. CORRESPONDENCE RE CREST MARIN II, CRESTA DRIVE (220 RENTAL UNITS) -File 115 Councilmember Breiner stated she had met with representatives of Ross Company and was concerned with their problem that there may be a possibi- lity that timing would be against them. She requested this item be refer- red back to staff for review, indicating that rental housing provides a number of below market rate units and wants to be certain the City is not jeopardizing this opportunity, on Cresta Drive off Smith Ranch Road. Councilmember Breiner moved and Councilmember Thayer seconded, to have staff review the request by The Ross Company, to see if it would be prejudicial to the General Plan process or if it meets with what the City is trying to achieve in terms of below market rental units, and that it be brought back to Council. Staff to also include a list of other projects with similar circumstances. SRCC MINUTES (Regular) 3/7/88 Page 7 SRCC MINUTES (Regular 3/7/88 Page 8 Councilmember Frugoli stated he also was in favor of rental housing but indicated that unfortunately, this project probably would drop the Level of Service to D at that intersection if the project were not phased. AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro 24. REPORT ON TRANSPORTATION EXPENDITURE PLAN COMMITTEE RE COMPOSITION OF TRANSPORTATION AUTHORITY - File 170 x 9-1 Mayor Mulryan stated the item was a proposal from the County of Marin consisting of: 1 member from the Board of Supervisors, 1 member from the Novato Council, 1 member from the San Rafael Council and 4 members from the Marin County Council of Mayors and Councilmembers with no city having more than one representative. Mayor Mulryan noted that the cities of San Rafael and Novato and the Board of Supervisors could be out -voted by the 4 other representatives, and indicated he does not agree with this proposal. Councilmember Breiner indicated one phrase should be inserted from the last meeting held..."4 members from the balance of the cities, Marin County Council of Mayors and Councilmembers..." Mayor Mulryan stated that at the previous Council meeting, it was the contention of Council that a 5 member Board would be the number; however, Councilmember Breiner indicated that although San Rafael would truly be represented by a 5 member Board, realistically, reviewing the composi- tion of the Transportation Expenditure Plan Committee it would be best to keep it at a 7 member level, knowing that is not what San Rafael or Novato would prefer, but noting that Novato has approved this 7 member group. After further discussion, Councilmember Breiner agreed to take back Council's recommendation of having a 5 member authority rather than 7, based on the equity of sales tax generation and population. ADD ITEM: Councilmember Breiner moved and Councilmember Frugoli seconded, that the need to take action on the following legislation item affecting San Rafael was urgent. AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro 1. TORT REFORM COMPARATIVE FAULT IN INVERSE CONDEMNATION CASES SB2149 (BEVERLY - File 9-1 Councilmember Breiner moved and Councilmember Thayer seconded, that Council SUPPORT Section 426.8 be added to the Code of Civil Procedure relating to liability in helping to provide reduction of the liability of public entities in an Inverse Condemnation action due to the conduct of the Plaintiff who contributed to the damages, and anythng that can help reduce the risk of exposure, and that Council send a letter of support to the Senate Judiciary Committee who will meet on March 22, 1988. AYES: COUNCILMEMBERS: Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Boro There being no further business, the meeting was adjourned. ^� JEA M. LEONCINI City Clerk APPROVED ON THIS DAY OF 1988 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 3/7/88 Page 8