HomeMy WebLinkAboutCC Minutes 1988-05-16SRCC MINUTES (Regular, 5/16/88 Page 1
In Conference Room 201 of the City of San Rafael, Monday, May 16, 1988
at 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 88-12(a) - (#2). No. 88-12(b) - (#1) Jerome Draper & Norma Draper
Vs. City of San Rafael. No. 88-12(c) - (#2). No. 88-12(d) - (#7).
No. 88-12(e) - (#2).
No reportable action was taken.
In the Council Chambers of the City of San Rafael, Monday, May 16, 1988
at 8:00 PM.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Joan Thayer, Councilmember
Absent: Gary R. Frugoli, Councilmember
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City
Attorney; Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Boro moved and Councilmember Thayer seconded, to approve
the recommended action on the following consent calendar items:
Item
Recommended Action
2. Approval of Special and Regular Approved as submitted.
Meetings of April 18, 1988 (CC)
3. Report on Annual Filings - Fair Accepted report.
Political Practices Commission
Forms 730, Statement of Economic
Interests for Designated Employees,
Including Consultants (CC) - File
9-4-2
4. Call for Applications to Fill
Vacancy on the Design Review
Board (Architect or Licensed
Building Designer) (CC) -
File 9-2-39
5. Renewal of Contract with Book
Publishing for Municipal Code
Supplement Service (CC) - File
1-5-1
6. Resolution of Appreciation for
Richard "Dick" Rogers, General
Manager, Marin Municipal Water
District, Retiring May 31, 1988
(CM) - File 102 x 151
Approved staff recommendation:
(a) Called for applications to
fill one 4 -year term on Design
Review Board (Architect or Licensed
Building Designer), with deadline
for receipt, Wednesday, June 1,
1988 at 5:00 PM, City Clerk's
Office (Term to expire end of
June, 1992).
(b) Set date for Special Meeting
of City Council to interview
applicants for Monday, June 6,
1988, commencing at 6:30 PM, City
Manager's Conference Room.
RESOLUTION NO. 7734 - AUTHORIZING
SIGNING OF CONTRACT WITH BOOK
PUBLISHING COMPANY FOR SUPPLEMENT
SERVICE TO THE SAN RAFAEL MUNICIPAL
CODE (Contract shall be effective
through June 30, 1989 @ $20.50
per page)
RESOLUTION NO. 7735 - RESOLUTION
OF APPRECIATION TO RICHARD ROGERS,
MANAGER, MARIN MUNICIPAL WATER
DISTRICT, RETIRING MAY 31, 1988
SRCC MINUTES (Regular) 5/16/88 Page 1
SRCC MINUTES (Regulai 5/16/88 Page 2
8. Acceptance of Quit Claim Deed RESOLUTION NO. 7736 - AUTHORIZING
for Portions of George Dexter CITY MANAGER TO ACCEPT QUITCLAIM
Property; AP #14-152-05, DEEDS FROM GEORGE H. DEXTER, JR.
14-152-32 & 33 (RA) - File AND GERALDINE L. DEXTER FOR PORTIONS
2-12-1 x 182 x (SRRA) R-25 OF A.P. #14-152-02 AND
A.P. #14-152-32 & 33
9. Legislation Affecting San Rafael No item submitted.
(CM) - File 9-1
10. Claim for Damages: Approved Insurance Consulting
Associates, Inc. recommendation
a. Lisa & Matthew Austin (SRSD) for denial of claim a.
Claim No. 3-1-1315
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
7. FINAL BELOW MARKET RATE HOUSING AGREEMENT FOR TRANSAMERICA SENIOR
PROJECT; 275 LOS RANCHITOS ROAD (P1) - File 4-10-220 (a) x 10-2 x 13-16
Councilmember Breiner stated No. 4 in the staff report did not include
screening of qualified tenants by the County Housing Authority.
Project Consultant Paul Jensen responded that no provision has been
made whereby residents would be screened by the County Housing Authority,
but indicated the annual review renewal process would be made by the
County Housing Authority, and that Exhibit "A" provides a breakdown
of annual incomes.
After discussion, Councilmember Breiner moved and Councilmember Boro
seconded, to adopt Resolution authorizing execution of agreement,
amended as follows:
"3 (c) The selection of individual tenants qualifying for the below
market rate rental units, shall be on a first come, first serve basis.
Transamerica or the project manager shall retain a waiting list and
shall be responsible for the selection of those potential tenants
that would qualify for the available units. As part of the annual
review by the City, Exhibit "C" shall be reviewed by the Marin County
Housing Authority staff to verify qualified tenants, annual incomes
and monthly fees. Transamerica or its successors shall be responsible
for any costs associated with review by the County Housing Authority
staff".
RESOLUTION NO. 7737 - AUTHORIZING THE SIGNING OF AGREEMENT WITH TRANS -
AMERICA REALTY SERVICES, INC., (Below Market
Rate Housing Agreement -Rental)
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
11. PUBLIC HEARING - UP82-91(d) & ED85-117(c) - APPEAL OF PLANNING COMMIS-
SION DENIAL OF USE PERMIT AND DESIGN REVIEW TIME EXTENSIONS FOR A
63 UNIT SENIOR HOUSING CONDOMINIUM PROJECT (FORMERLY CENTERTOWN);
855 "C" STREET; UNITED SAVINGS BANK, OWNER; JOHN CONNOLLY IV, CONNOLLY
BROTHERS REALTY GROUP, INC., APPELLANT AND REPRESENTATIVE; AP #11-254-18
(Pl) - File 5-1-286 x 10-5 x 10-7
Mayor Mulryan announced that the applicant had withdrawn his appeal.
Mr. John Connolly, representative of the appellant, asked if he could
speak on behalf of the appellant, stating the intent of the appellant,
United Savings Bank, was to support Bridge Housing Corporation. He
then asked if Bridge Housing is unsuccessful in acquiring the necessary
permits, what procedures would they need to continue the appeal.
Mayor Mulryan stated the appellant would need to resubmit his appeal
now or the hearing could be opened and continued to another date.
SRCC MINUTES (Regular) 5/16/88 Page 2
SRCC MINUTES (Regular 5/16/88 Page 3
City Attorney Ragghianti stated Mayor Mulryan was correct and added
that he could open the public hearing with the applicant waiving the
period for the Council to act upon the appeal and that the applicant
be implicit in his request for continuance.
Mr. Ragghianti explained to Mr. Connolly that the Municipal Code has
a time limit for the City Council to act upon an appeal filed from
a determination by the Planning Commission.
Mr. Connolly stated they would stand on the merits of their letter,
withdrawing their appeal.
12. PUBLIC HEARING - UP86-101 & ED86-110 - APPEAL OF PLANNING COMMISSION's
DENIAL WITHOUT PREJUDICE OF A 17,160 SQUARE FOOT LIGHT INDUSTRIAL/BULK
STORAGE FACILTIY; 100 WINDWARD WAY; EXOGAN HOLDING N.V., OWNER; DAVID
C. MATHEW, REPRESENTATIVE AND APPELLANT; AP #9-330-03 (Pl) - File
10-5 x 10-7
Mayor Mulryan declared the public hearing opened and continued the
hearing to June 20, 1988 at the request of the appellant.
13. PUBLIC HEARING - APPEAL OF BUILDING OFFICIAL'S ENFORCEMENT OF SECTION
504 OF THE UNIFORM BUILDING CODE - 1500 FOURTH STREET, MICHAEL J.
SMITH, APPELLANT, AP #11-202-14 (PW) - File 1-6-1 x 9-3-40
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated the appeal speaks to having
an opening on the property line at 1500 Fourth Street, and there are
requirements to provide a second means of egress from the building
because of the occupancy as well as the use of the square footage.
He stated a number of alternatives could be considered and staff was
recommending that the Council, acting as the Board of Appeals, approve
the request for a variance from Section 504 of the Uniform Building
Code regarding opening of a doorway on a property line at 1500 Fourth
Street subject to the following conditions:
1. A three hour fire door which closes automatically shall be installed
2. The opening is approved only for the duration of the current uses
and tenants and shall be reviewed for appropriateness upon termination
of the use by the existing tenants.
3. Documentation shall be provided which guarantees that the exit
opening shall not be eliminated without notice to provide for
the termination of the occupancy which requires the second exit.
This shall be acknowledged by both property owners.
Councilmember Boro asked for clarification of the appeal, and Mr.
Bernardi responded that the appellant, Mr. Roger Smith, must comply
with the Building Code which states he would need to provide an exit
from his property to the street and not exiting on to private property.
Mr. Bernardi added that it is a matter of record that the adjacent
property owner has granted Roger Smith permission to exit the building
and he cannot build while this is in place.
There being no further comments, Mayor Mulryan closed the public hear-
ing.
Councilmember Breiner moved and Councilmember Thayer seconded, to
approve the request for a variance from Section 504 of the Uniform
Building code regarding opening of a doorway on a property line at
1500 Fourth Street, subject to the conditions as listed above.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
14. PUBLIC HEARING - CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN
RAFAEL AMENDING SECTION 19.10.060(3) OF THE SAN RAFAEL MUNICIPAL CODE
PERTAINING TO HOURS OF USE IN OPEN SPACE LANDS (PW) - File 13-14.1
x 1-5
Mayor Mulryan declared the public hearing opened.
SRCC MINUTES (Regular) 5/16/88 Page 3
SRCC MINUTES (Regula_ 5/16/88 Page 4
Public Works Director Bernardi stated this request made by the Police
Department is to allow for the flexibility of enforcing the closure
and opening of the parks and open space lands by treating them the
same, and that staff was making certain that both parts of the Municipal
Code are consistent with one another.
In response to Mayor Mulryan's question, coming from parks management
or open space management, if there is a substantive reason why the
hours need to be the same, Mr. Bernardi responded it is only for the
ease of enforcement.
There being no further comments, Mayor Mulryan closed the public hear-
ing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTION 19.10.060(3)
OF THE SAN RAFAEL MUNICIPAL CODE PERTAINING TO HOURS OF USE IN OPEN
SPACE LANDS".
Councilmember Breiner moved and Councilmember Boro seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it
by title only and pass Charter Ordinance No. 1543 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Breiner, Boro, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
15. PUBLIC HEARING - CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN
RAFAEL PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY
TO THE SAN RAFAEL REDEVELOPMENT AGENCY (1313 FIFTH AVENUE),
AP #11-205-11 - File 2-7 x (SRRA) R-16 x R-228 x R-245
Mayor Mulryan declared the public hearing opened.
Assistant Executive Director Ours stated that the Redevelopment Agency
is presently located on City owned property and wishes to acquire
the property in order to secure the underlying land in fee and allow
for the relocation of some existing agency employees to the Blue House,
do necessary renovations to the house, and that funds from the purchase
would allow the printing operation to be relocated.
Councilmember Boro stated when this item was previously discussed,
his concern was that the proceeds from the sale not be used on a
"bit -by -bit" basis for improvements, and asked that this money be
placed in a separate account and not be "whittled" away.
City Manager Nicolai stated two issues discussed in this acquisition
are minimal funding for existing remodeling being done in the Police
Department and the relocation of the print shop out of the facility.
She added at this moment there are serious problems at the print shop
and stores, and stated these are the two components, with the balance
of the money to be set aside.
Ms. Nicolai stated they plan to have a portable unit placed in the
back lot of the Blue House to house the print shop, but that estimates
have not been received.
There being no further questions, Mayor Mulryan closed the public
hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR THE SALE AND
CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT
AGENCY" (1313 FIFTH AVENUE, AP #11-205-11)
Councilmember Boro moved and Councilmember Thayer seconded, to dispense
with the reading of the Ordinance in its entirety and refer to it
by title only and pass Charter Ordinance No. 1544 to print by the
following vote, to wit:
SRCC MINUTES (Regular) 5/16/88 Page 4
SRCC MINUTES (Regula. 5/16/88 Page 5
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
16. DISCUSSION RE ENDORSEMENT OF PROPOSITION 70, THE CALIFORNIA WILDLIFE,
COASTAL AND PARKLAND CONSERVATION ACT - File 9-1 x 12-15 x 13-14-1
Councilmember Boro asked Council to endorse Proposition 70, the Califor-
nia Wildlife Coastal and Parkland Conservation Act, indicating it
has a potential direct benefit to the City of San Rafael. He stated
the cities of Marin County would share the proceeds from the bond
issue on a per capita basis, as well as potential sharing of monies
going to the Marin County Open Space District.
Councilmember Boro moved and Councilmember Breiner seconded, to endorse
Proposition 70, the California Wildlife Coastal and Parkland Conserva-
tion Act.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
17. REQUEST FROM DOWNTOWN MERCHANTS ASSOCIATION FOR CLOSURE OF CITY STREETS
FOR THE SUBARU CYCLING EVENT ON SUNDAY, JUNE 12, 1988 FROM 1:30 PM
TO 4:30 PM (CM) - File 11-19
Assistant Executive Director Ours stated the Downtown Merchants are
proposing to sponsor the Subaru Cycling Classic which is a nationwide
pre -Olympic closed course bicycle race to be held in San Rafael, indicating
that San Rafael was selected because of its natural beauty.
The race is scheduled to be held on Sunday, June 12, 1988 from 1:30
PM to 4:30 PM with the following streets to be closed:
4th Street between "D" & Court Streets.
5th Avenue between "D" & Court Streets.
"A" Street between the Parking Structure & 5th.
"B" Street between 3rd & Mission Streets.
"C" Street between 3rd & Mission Streets.
Councilmember Thayer moved and Mayor Mulryan seconded, to approve
partial closure of Fourth, Fifth, "A", "B" and "C" Streets, as
requested by staff.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
18. APPOINTMENT TO THE TRANSPORTATION AUTHORITY FROM THE SAN RAFAEL CITY
COUNCIL (CM) - File 170 x 9-1
City Manager Nicolai stated this is a follow through action in appoint-
ing a Councilmember to the 7 -member Transportation Authority which
will then be charged with the development of any ballot measure going
to the voters and any administration of the funds if it were to pass.
Councilmember Thayer volunteered to represent San Rafael's City Council
with Councilmember Breiner appointed as the alternate.
19. CONSIDERATION OF HIRING UNIRISK, CONSULTANT TO PERFORM RISK MANAGEMENT
STUDY OF LIABILITY/WORKERS COMPENSATION CLAIMS (CM) - File 4-3-198
x 7-1-31
In response to concerns of Mayor Mulryan and Councilmember Thayer
as to evaluation of on-going procedures, Ms. Golt responded the study
will include an evaluation of staffing, claims administrators and
their level of service and an examination and evaluation of the potential
to do this in-house; also whether the reserves set up are appropriate.
The study will also include indepth recommendation on how to do this
better through claims administrators, or if being done internally,
what is the best way to proceed. She indicated this study will include
a cost analysis of the pros and cons both ways.
SRCC MINUTES (Regular) 5/16/88 Page 5
SRCC MINUTES (Regular 5/16/88 Page 6
Ms. Nicolai stated other issues are, what is the role of the Risk
Management Group which reviews the claims and makes recommendations
to the Council versus the City-wide Safety Committee versus the
Departmental Safety Committees.
In response to Councilmember Thayer's question whether a comprehensive
survey will be done on liability claims, Ms. Golt stated a comprehensive
claims audit of the liability claims administrator and files was done
three and one half months ago. The Risk Management study would include
a summary review of that audit to determine if everything was done
properly, and if not, a complete analysis would be performed.
Councilmember Breiner indicated a report on the liability claims was
done a few years back through the City Attorney's Department and suggested
Ms. Golt obtain the report for her review.
Councilmember Boro referred to page 5, item 4, and stated the study
should not predispose to doing this, indicating they will look at
the pros and cons of both outside help as well as inside, and that
they would not do the inside unless it was economically feasible.
Councilmember Boro stated one thing he becomes concerned about with
the cases before Council is, how do they insure that what has just
been settled does not happen again? He asked that should the study
have a plan to administer this process that they also have a plan
to proactively do something with each case to make sure it does not
happen again.
RESOLUTION NO. 7738 - AUTHORIZING SIGNING OF CONTRACT WITH UNIRISK,
INC., FOR A RISK MANAGEMENT STUDY TO BE COMPLETED
WITHIN NINETY DAYS OF PROJECT INCEPTION FOR
AN AMOUNT NOT TO EXCEED $8,975.00.
AYES: COUNCILMEMBERS: Boro, Breiner, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Frugoli
20. CONSIDERATION OF SPECIAL MEETING DATES DURING MONTH OF JUNE, 1988
FOR:
a. GENERAL PLAN DECISION MAKING MEETINGS (P1) - File 115
Special Meeting dates established are as follows: Tuesday, June 7,
1988; Wednesday, June 15, 1988; Tuesday, June 21, 1988 and Wednesday,
June 22, 1988. Meetings to begin at 7:30 PM in the Council Chambers,
City Hall.
b. CITY BUDGET HEARINGS (CM) - File 8-5
Special meeting dates established are as follows: Monday, June 27,
1988; Tuesday, June 28, 1988. Meetings to begin at 7:00 PM, and be
held in the Webb Room, San Rafael Public Library.
21. STATUS REPORT RE IMPROVEMENTS TO PARCEL B, SEASTRAND SUBDIVISION,
AP #16-301-21 (CA) - File 5-1-242
City Attorney Ragghianti stated parcel "B" was located in the Seastrand
Subdivision and is part of the 34 lot subdivision approved in 1978
by the Planning Commission. The Planning Commission records demonstrate
that parcel "B" is approximately 4.2 acres in size and located behind
lots 1 through 11 in the subdivision, and fronts upon Bay Way. This
parcel is encumbered by several easements for utility high voltage
towers along the East side of the parcel and drainage on the West
side of the parcel. He stated that the developers originally offered
parcel "B" for dedication to the City of San Rafael in addition to
parcel "A", a marshland area. Mr. Dominic Selmi, who was employed
at that time by the late Dan Coleman and who prepared the Tentative
and Final Subdivision Maps, advised him that the City informed the
developer that it did not wish to accept the dedication of parcel
"B" and revised site plans and a revised Tentative Subdivision Map
showing parcel "B" as a private recreation area were submitted to
the Planning Commission and approved in March, 1978. He stated when
the Final Map was approved by the City in October, 1978, it did not
restrict parcel "B" in any manner nor require it to be offered for
SRCC MINUTES (Regular) 5/16/88 Page 6
SRCC MINUTES (Regular 5/16/88 Page 7
dedication to the City. Neither did the CC&Rs prepared in connection
with this Subdivision and recorded thereafter, encumber or restrict
the use of parcel "B" in any way.
Mr. Ragghianti stated that while it appears clear that parcel "B"
was not originally created as a developable lot, there are no deed
restrictions or covenants that currently prohibit its development.
He stated that a current title report corroborates this fact.
Mr. Ragghianti stated that in his judgment, he concludes that based
upon the documents he has reviewed, that parcel "B" may be developed
under current zoning and that the draft General Plan designation should
be amended at the present time, since the draft General Plan 2000
designates the parcel as "open space".
Mr. Ragghianti stated that at the last Council meeting, Mr. Dennis
Horne indicated that he acquired the Subdivision from the lender follow-
ing foreclosure, and that he was told that parcel "B" was open space.
In his second paragraph of his staff report, Mr. Ragghianti states
that various individuals from the present owner of parcel "B" to members
of the Homeowners' Association, to the original developer, have differing
opinions about its status and made conflicting statements to the effect
of the land use. However, on the basis of the documents he viewed,
it is, in his opinion, that the parcel is not restricted at this time
and may be developed into a one single family residential unit.
Planning Director Moore stated that the original Tentative Map was
looked at in the file which showed the parcel as open space and a
Final Map was not in the Planning Department file. She indicated what-
ever the outcome of this review of the parcel should determine what
the designation is.
Ms. Moore stated it is highly unusual that the Tentative Map is different
from the Final Map, indicating there usually is Planning Commission
review for consideration of the changes, but there is nothing on record
showing this to have happened. She added that legally, a Tentative
Map should be amended if a Final Map is proposed to be different.
In response to Mayor Mulryan's question as to why the property is
not bound by the Tentative Map in this case, Mr. Ragghianti said that
the documents contained in the staff report indicate that the Public
Works Department certified that the Final Map was in conformity with
the Tentative Subdivision Map in 1978 or 1979, and a Resolution to
that effect appears in the material. Unhappily, the time to review,
annul or set aside an approval for the Subdivision Map is strictly
regulated in terms of the statute of limitations that has long since
run out.
Public Works Director Bernardi stated he was not in charge of the
Public Works Department at that time and did not have an answer for
this issue.
Councilmember Breiner stated for the record, that she was a member
of the Planning Commission at that time and indicated that the intention
was that the parcel was not to be a developable lot. She said she
was appalled that this happened and that it sounds that even though
the intention was there, legally, they cannot prohibit it. She asked
if there was anything the Council or Planning Commission could do
about this matter; that certain things had to be met, and if the Nega-
tive Declaration did not cover development on that lot, would that
lot have to go through a certain process before anyone could build
something on it.
Mr. Ragghianti responded by stating that the time to set aside the
Environmental Assessment made in connection with the original Seastrand
Subdivision has long since passed. The California Environmental Quality
Act (CEQA), when it addressed the single family residential structures,
provides that single family homes are categorically exempt from the
CEQA with one exception contained in Section 15300.2 of the guidelines.
"In unusual circumstances, if findings are made, it may be (single
family residential structure) the subject of an environmental impact
report". Mr. Ragghianti stated he had no idea whether this particular
site is susceptible to that type of Environmental Assessment, but
it is possible. He indicated he has not looked into whether or not
the owner asked for a building permit in connection with this matter.
SRCC MINUTES (Regular) 5/16/88 Page 7
SRCC MINUTES (Regular 5/16/88 Page 8
Councilmember Boro was concerned about the Tentative Map being the
final issue and the Final Map is just the finalized version of the
Tentative Map and asked why would there not be some precedent with
the intent on the Tentative Map. He asked if a mistake was made, why
would they assume the mistake was made at the time the Final Map was
filed.
Mr. Ragghianti stated that the Final Map is a very important document
and the Tentative Map is the last discretionary entitlement in the
land use process. But a lot does not come into legal existence until
the Final Map is recorded. Ten years after this incident, the statute
of limitations, in his opinion, expired for purposes of attempting
to set aside the City's action, and the City would find themselves
in a difficult predicament if they attempted at this late date to
restrict the use of that property, given the record in this instance.
Attorney Terril Mason, representing Seastrand Homeowners' Association,
commented that many of the questions the Council asked are questions
many of the homeowners asked. He stated that some of the important
documents, Minutes or evidence of what happened between the approval
of the Tentative Map and Final Map are not there. He stated the approval
of the Final Map was a "rubber stamp".
Mr. Mason referred to the statute of limitations regarding "attacking"
a Final Map and stated there is case law that indicates that where
a Final Map has been approved and there are circumstances of fraud,
that can be a set aside purpose. He made it clear that he was not
stating that in this case any one was misled but that there are many
questions that need to be answered.
Mr. Mason stated that at least four homeowners at Seastrand purchased
their properties with the understanding that the property in question
was declared to be "open space". He pointed out that the intent was
not to have this property developed, and if a Building Permit or Plan
is presented to the City for development, he asked Council to keep
in mind, the original intent that the property not be developed.
Cecelia Bridges, Attorney representing Len Nibbi and Sylvia Townley,
agreed with City Attorney Ragghianti's staff report and referred to
TS77-5, "An additional change made in the latest revision is that
the former public open space located in and adjacent to the PG&E right-
of-way has been re -designated as a private recreation area". She
mentioned that the applicant has not submitted plans for the recreation
area but has stated that a possible development could include a "tennis
club". She asked Council, should any future action be taken to change
the current status on this property, that comments be made clear on
how the property can be developed as private recreation as opposed
to residential.
Mrs. Carol Dillon, representing the Audubon Society, stated they looked
at the property last week, and indicated that although environmental
issues are not involved at this time, that this was an exceptional
bit of seasonal wetlands.
Mayor Mulryan stated they would do what they can to see that the original
intent was carried out.
There being no further business, the meeting was adjourned.
U.
JEANNE . L'ONCII 4Ci Clerk
APPROVED THIS DAY OF 1988
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 5/16/88 Page 8