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