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HomeMy WebLinkAboutCC Minutes 1986-04-07SRCC MINUTES (Regular) 4/7/86 Page 1 In the Council Chambers of the City of San Rafael, Monday, April 7, 1986 at 7:00 PM. CLOSED SESSION 1. No. 86-9(a) - (#2); No. 86-9(b) - (#2); No. 86-9(c) - (#2); No. 86-9(d) - (#2), No. 86-9(e) - (#2) and No. 86-9(f) - (#2). No action taken. SPECIAL PRESENTATION 8:00 PM 2. Cast from the Children's Musical Theatre, sponsored by the San Rafael Recreation Department, sang "Getting to Know You" from the play, "The King and I", which they will be presenting in April at the San Raael Community Center. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager; Jeanne M. Leoncini, City Clerk; Gary T. Ragghianti, City Attorney ORAL COMMUNICATIONS OF AN URGENCY NATURE: Ms. Sandra Sellinger invited the Council to attend a tree planting ceremony on Wednesday, April 23, 1986, at 9:00 AM sponsored by the Peacock Garden Club of Marin. CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Nave seconded, to approve the following items on the consent calendar: Item 4. Extension of Agreement with Labor Relations Negotiator - Industrial Employers and Distributors Association (CM) - File 4-3-134 5. Monthly Status Report on General Plan Update - File 115 x 10-6 Recommended Action Approved staff recommendation authorizing the extension of the contract with IEDA for labor relations services. Accepted report and set public hearing dates for Joint Council/ Planning Commission Special Meetings: Topic Natural Environ- ment and Health and Safety Element Policy Direction. Community Development Element Policy Direction. Meeting Date(s) Monday, May 12 (with Tuesday, May 13, set for continued discussion). Tuesday, June 3, (with Wednesday, June 4, set for continued discussion). 6. Contracts for General Plan Update: (Pl) a. Daniel S. Iacofano, Moore, RESOLUTION NO. 7320 - AUTHORIZING Iacofano & Goltsman, General SIGNING OF AGREEMENT WITH MOORE, Plan Revision Community IACOFANO AND GOLTSMAN, GENERAL Workshop & Survey Consultants - PLAN REVISION COMMUNITY WORKSHOP File 4-3-161 x 115 x 10-6 AND SURVEY CONSULTANTS SRCC MINUTES (Regular) 4/7/86 Page 1 SRCC MINUTES (Regular) 4/7/86 Page 2 C. Wilbur Smith & Associates, RESOLUTION NO. 7321 - AUTHORIZING Transportation Consultant - SIGNING OF AGREEMENT WITH WILBUR File 4-3-163 x 115 x 10-6 SMITH AND ASSOCIATES, DOWNTOWN AND NORTHGATE TRAFFIC CONSULTANT 8. Sun Valley Open Space Assessment Accepted proposal from Donald District - Proposal by Don Herzog Herzog & Associates & John Hill & and John Hill for Slide Repair Associates to design landslide Work (PW) - File 6-36 mitigation improvements for Sun Valley Open Space properties at cost of $58,254. 9. Addendum to Fiscal Year 1985-86 Vehicle Replacement List (CM) - File 9-3-80 10. Legislation Affecting San Rafael (CM) - File 9-1 11. Claims for Damages: (PW) a. Robert L. Stephenson - File 3-1-1041 b. Marcy J. Wagoner & John MacBurt - File 3-1-1049 C. Marjorie & Georhe Hooper - File 3-1-1056 d. Katherine North - File 3-1-1058 e. Paul M. Cohen - File 3-1-1060 Approved staff recommendation to add one (1) additional Police undercover vehicle to FY 1985/86 Vehicle Replacement .List. Staff to report back to Council for award of bid prior to purchase. Approved staff recommendation to: OPPOSE SB 1833 (Seymour) Allowing Compensation for Down -Zoning. SUPPORT SB 2342 (Lockyer) Inverse Condemnation Liability. Approved Insurance consulting Associates, Inc. recommendations for denial of claims. f. Paul M. Cohen & Nancy Masters - File 3-1-1061 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3. RESOLUTION AUTHORIZING EXECUTION OF JPA WITH DIXIE SCHOOL DISTRICT AND A CONTRIBUTION OF AN ADDITIONAL $5,000 TO VALLECITO PLAYGROUND PROJECT (Rec) - File 4-7-3 Councilmember Russom requested staff to include wording in the Joint Powers Agreement as follows: "continued to be used as public recreation". Council approved amendment. RESOLUTION NO. 7322 - RESOLUTION AUTHORIZING EXECUTION OF JPA WITH DIXIE SCHOOL DISTRICT AND CONTRIBUTION OF AN ADDITIONAL $5,000 TO THE VALLECITO PLAYGROUND PROJECT. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 4/7/86 Page 2 M 7. SRCC MINUTES (Regular) 4/7/86 Page 3 b. - CHARLES SALTER AND ASSOCIATES, NOISE CONSULTANT - File 4-3-162 x 115 Councilmember Frugoli inquired whether this item would take up much of the Planning Department staff's time, and Planning Director Moore responded that it would not. RESOLUTION NO. 7323 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH CHARLES SALTER AND ASSOCIATES FOR GENERAL PLAN UPDATE NOISE CONSULTANT WORK AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None MARIN STREET LIGHT ACQUISITION JPA - PROPOSED RATE CHANGE FOR PAYMENT OF CONTRACTUAL SERVICES (PW) - File 4-4-6 Mayor Mulryan asked Public Works Director Bernardi what the difference in savings would be for the City. Mr. Bernardi replied that approximately $5.20 per light per month would be spent, and under the PG&E rate, it would be $10.42 per month. Councilmember Frugoli moved and Councimember Russom seconded, to approve staff recommendation, to accept proposed Alternative No. 3 for maintenance by Community Electric, Inc., of the City's street light system at a cost of $2.34 per month per light plus power costs. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - PROTEST HEARING RE PROPOSED DOWNTOWN SAN RAFAEL BUSINESS IMPROVEMENT AREA (RA) - File 224 x (SRRA) 140-I Assistant Executive Director Ours stated that staff was recommending that at the close of the public hearing that the matter be continued to May 5, 1986 in order to allow time to hold a referendum vote to measure the support for the assessment district. Mr. Ours continued to state that this type of assessment district does not warrant having a 60 percent vote, but having a polling of the people who would be assessed with their names submitted to Council, would give the Council a better idea of what the merchants/business owners' want. In response to Councilmember Russom's question re requirements of a formal polling, Mr. Ours stated that their is none, but that the proponents of the assessment district would voluntarily approach the people being assessed to ask if they either support or oppose the assessment district. This process does not require having signatures attesting to their choice. Councilmember Breiner referred to page 2, item 4.B. of the staff report, stating that there may be people uncomfortable about returning ballots. Mrs. Breiner suggested having two envelopes enclosed, one would be the outside envelope with a return address that would be discarded, and the ballot itself in a plain unmarked envelope, and also suggested having identification on the envelope establishing either "retail" or "office". After discussion, Council determined that having identification information as to the type of establishment in the business district being polled has merit, and that they would prefer that people stand up and be accounted for. Mayor Mulryan opened the public hearing. Mr. Marvin Ford, apartment owner on Mission Street, was concerned as to the good of the assessment district for apartment owners. A gentleman who operates a travel service on E Street, stated that he felt that the assessment district should be for people in the retail business and not for the travel business. Mr. Charles Bostwick, small business on B Street, solicited 32 people who signed a petition opposing the assessment district. SRCC MINUTES (regular) 4/7/86 Page 3 SRCC MINUTES (Regular) 4/7/86 Page 4 Mr. Ron Nador, insurance business on B Street, stated that although the assessment district would be beneficial to all of the community, that the percentage of assessment is disportionate, and that the retailers should pay a higher percentage of the cost because they would benefit most from it. Mr. Silvio Bianchini, business in San Rafael, stated that the assessment district would be a disservice, and indicated that perhaps downtown is in need of new ideas. Mr. Bud Kreuzer, owner of West End Market, stated that he appreciates the Council's view of having a poll taken, but personally does not see what the program will do to help his business where he is located. Mr. Fred Kline, service business on the edge of the district, stated that having the assessment district is a good idea, but that he is also in business with a partner renting apartment units on Fourth Street, and does not see how the assessment district would benefit them. Mr. Lynn Scott, business on Fourth and Irwin Streets, spoke in favor of the assessment district. Mr. Frank Yee, who has a photo business on Fourth Street, spoke in favor of the assessment district. Mr. Rich McDonald of McDonald Pest Control, spoke in favor of the assessment district. Dr. Spencer Block opposed the assessment district, stating that as a physician, the assessment district would not help his practice. Mr. Lendon Ganey, Rafael Book & News, Inc., who worked on the committee for the assessment district, stated that he would prefer having the Resolution and Ordinance passed tonight without delay. Mr. Bill Thiercof of Marin Office Supply and Office Furniture, spoke in favor of the assessment district, however, agreed with those who requested polling the merchants. Mr. Don Swartz of George's Recreation Parlour on Fourth Street, was concerned if the proposal was passed tonight would that mean the proposed annual budget would also be approved, and Mayor Mulryan answered that it would. Mr. Swartz asked if the people being affected by the assessment district have available to them, an allocation of how the money is being used. City Manager Nicolai commented that the information on the allocation of money being spent can be available at a later date, but that the proposed budget as presented is only a proposal that will be done in detail at a later time. Mr. Sid Herzog, business owner, spoke in favor of the assessment district. Mr. Louis A. Langlumet, Jr., whose business is the La Fayette French Pastry on D Street, was opposed to the assessment district. There being no further comments, Mayor Mulryan closed this portion of the hearing. Councilmember Nave moved and Councilmember Breiner seconded, to accept staff's recommendation, that after the close of the public hearing, this matter is to be continued until May 5, 1986 so that a referendum by all businesses in the proposed Improvement Area can be held. Councilmember Breiner commented that, in view of the great amount of work done by the committee on the proposed assessment district, that a few more weeks with more work done of the proposal would be in the best interest of everyone. Councilmember Russom stated that he wanted assurance that the Council was in agreement that the results of the referendum would be advisory only, and that Council may not necessarily abide by the results. Council agreed. Also, that a current schedule of the business license SRCC MINUTES (regular) 4/7/86 Page 4 SRCC MINUTES (Regular) 4/7/86 Page 5 fees be brought to Council prior to the referendum so they may view the dollar value of the categories that will be assessed. Mr. Russom asked whether the Chamber of Commerce has access to specific information in other cities who have had successful Business Improvement Districts in the area of benefit to non -retail businesses, with actual measurements rather than theoretical. Mayor Mulryan asked the Chamber of Commerce if they would provide the information by either promotion or advertising. Councilmember Frugoli stated that he was concerned about apartment owners who would apply the assessment district tax onto the apartment renters, and directed staff to bring back to Council, a report on the difference in money affecting apartment owners as opposed to others affected by the assessment district. Councilmember Nave commented that the proponents and protestors should get together to discuss the matter on the assessment district, because it may be the most important factor in improving the downtown district. Mayor Mulryan stated that besides comments made by other Councilmembers, and the tax and money needed, there also needs to be the overall support of those being assessed, and hopefully, this process will generate that support. .AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mr. Bud Kreuzer agreed to lead the Opposition Committee. Mayor Mulryan then reopened and continued the public hearing to meeting of May 5, 1986. 13. PUBLIC HEARING - APPEAL OF THE PLANNING COMMISSION DECISION TO CONDITIONALLY APPROVE A TIME EXTENSION FOR LOCH LOMOND UNIT #10, A 30 LOT SUBDIVISION; LAS CASAS AVENUE, INVERNESS DRIVE; FERNLEA PROPERTIES, INC., OWNER; OBERKAMPER & ASSOCIATES, REP.; LOCH LOMOND HOMEOWNERS ASSOCIATION, APPELLANT; AP 186-031-02 & 06 AND 186-520-17 & 18 (PL) - File 5-1-297 x 10-6 Mayor Mulryan opened the public hearing and stated that the appeal was continued to City Council meeting of April 21, 1986, as requested by staff. 14. COUNTY REQUEST TO RESCIND RESOLUTION ENDORSING NORTH SAN RAFAEL POLICY PLAN (P1) - File 210 Planning Director Moore stated that the Planning Commission reviewed this matter on March 11, 1986, and unanimously recommended that the Council rescind the prior Resolution, as the information and data assumptions used in formulating the North San Rafael Plan are no longer valid. RESOLUTION NO. 7324 - RESOLUTION RESCINDING RESOLUTION NO. 7096, CERTIFYING A NEGATIVE DECLARATION AND RESOLVING THE INTENT OF THE CITY COUNCIL TO AMEND THE SAN RAFAEL GENERAL PLAN BY ADOPTING THE NORTH SAN RAFAEL POLICY PLAN AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. STATUS REPORT ON NORTHWESTERN PACIFIC RAILROAD RIGHT-OF-WAY TASK FORCE (P1) - File 117 Mayor Mulryan commended staff for the extensive and well-written report. Planning Director Moore stated that staff members Art Brook and John Rumsey were responsible for the report and then gave a brief overview. The report indicates the current right-of-way status which is expected to be offered for abandonment through negotiations between the Task SRCC MINUTES (Regular) 4/7/86 Page 5 SRCC MINUTES (Regular) 4/7/86 Page 6 Force representatives and the Railroad. San Rafael and the County -wide Plans recognized that the Railroad Right -of -Way should be preserved as a transit/transportation corridor in the future. Additionally, a Joint Powers Agreement was approved by the Marin County Transit District, County of Marin, and the Golden Gate Bridge Highway and Transportation District. Recently, the possibilty of funding through the House of Representatives Bill 3129 has been investigated through the work of Congresswoman Boxer and Congressman Bosco, to include a $28.5 million appropriation in the Highway Appropriations Bill. Mayor Mulryan asked if the study done by the consulting firm of Parsons- Brinckerhoff is consistent with the concerns raised in the staff report, and Ms. Moore responded that it is not, because it lacked extensive detail. Mayor Mulryan called for a Council representative and alternate to the Northwestern Pacific Railroad Right -of -Way Task Force, and Councilmember Breiner volunteered to be the representative with Councilmember Nave as alternate. Councilmember Russom mentioned that the wide range of buses (75 an hour to 200 to 300 per hour) would cause a problem for at -grade crossings at 14 San Rafael streets, and should be addressed by the Council representatives at the meetings. Councilmember Frugoli moved and Councilmember Nave seconded, to accept the recommendations made by staff as follows: (1) Appoint Council Representative and Alternate to Northwestern Pacific Railroad Right -of - Way Task Force (Councilmembers Breiner and Nave);(2) Authorize Council Representative to Forward this Report to the Northwestern Pacific Railroad Right -of -Way Task Force. Mayor Mulryan to have a letter sent on behalf of Council to Northwestern Pacific Railroad Right -of -Way Task Force in support of the staff report. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: none 16. REPORT FROM CITY ATTORNEY RE PLACEMENT OF SATELLITE DISHES (CA) - File 9-3-16 x 10-1 City Attorney Ragghianti stated that the Federal Communications Act permitted the Federal Communications Commission to adopt a rule in January 1986, which preempts the ability of zoning ordinances to regulate satellite antennae. In the area of the Satellite Receive -Only Antennas, the FCC provides that local zoning regulations that attempt to distinquish between the Satellite Receive -Only devices and any other types of antennas, are preempted unless two prong tests are met. A survey of the cities in Marin County reveals that cities regulate satellite antennae in a variety of ways, finding that Corte Madera, San Anselmo and Tiburon treat these types of devices like any other similarly sized structure, i.e. the antennae must have a building permit and is processed through design review. Mill Valley requires these devices to conform with their zoning ordinance; Mill Valley does not issue building permits for these devices because it is considered to be a portable antennae, and Ross has a satellite antenna moratorium in effect. Satellite Transmitting Antennae devices raise regulatory issues with respect to health and safety because of the emission of radio frequency radiation. The FCC declined to preempt State or local regulation of radio frequency radiation, but reserved the issue for review, with the January 1986 rule preempting local, non -justified, aesthetic regulation. Any local ordinance which regulates satellite transmitting antennae, radio frequency radiation, in the interest of the public health and safety, is not preempted. Councilmember Breiner asked if legal challenges on the ordinances made by the various cities mentioned had been done, and Mr. Ragghianti responded that he knew of none. Mrs. Breiner mentioned that if an ordinance was written properly, it could refer to placement, appearance and safety, and suggested that staff draft an ordinance on the matter. SRCC MINUTES (Regular) 4/7/86 Page 6 SRCC MINUTES (Regular) 4/7/86 Page 7 Councilmember Breiner volunteered to work with the City Attorney's office in drafting an ordinance needing minimal review by the Planning Department, to be brought back to Council for their review. Council agreed with the suggestion made by Councilmember Breiner. 17. DISCUSSION OF PARKING METERS IN THE DOWNTOWN AREA (RA) - File 11-18 x (SRRA) R-124 Assistant Executive Director Ours stated that basic information relating to finances was in the report referring to the elimination of parking meters, but did not cover the effect of how the economy of the Fourth Street area would be. He indicated that the Management Plan being developed for downtown will address the issue of elimination of parking meters. Mayor Mulryan commented that because this item will be discussed in the Management Plan, the report as submitted is satisfoctory. Councilmember Frugoli commended Police Chief Ingwersen and his department for their increased enforcement of parking violations re chalking of tires. 18. DISCUSSION OF EXTENSION OF LINCOLN AVENUE INTO TERRA LINDA - File 11-1 x 171 (VERBAL) Councilmember Russom voiced his concern of having Lincoln Avenue made wider, indicating a decision will need to be made to create an alternate North/South access along Highway 101 for emergency use and the public's transportation needs, unless this is to be a part of the General Plan Update. Staff was asked to do a thorough study of the extensions on both the East and West side of Highway 101 as alternatives. After discussion, Planning Director Moore informed Council that the Lincoln Avenue extension is a part of the General Plan Update, and that CalTrans is studying the central San Rafael section, evaluating the East and West side widenings. The Planning Department will look into the financial aspects. Council directed staff to do a feasibility study of other connectors as well. ADD ITEM 1. STATUS REPORT ON ASSISTANT CITY ATTORNEY, STEWART R. ANDREW - File 9-3-16 x 102 Mayor Mulryan stated that the City has received a letter of resignation from Stewart R. Andrew, Assistant City Attorney, who has relocated to the Northwest (effective April 1, 1986). RESOLUTION NO. 7325 - RESOLUTION OF APPRECIATION TO STEWART R. ANDREW, ASSISTANT CITY ATTORNEY, FOR HIS SERVICES WHILE EMPLOYED IN THE CITY ATTORNEY'S OFFICE AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None There being no further business, the meeting was adjourned. JE E`M. LEONCIN City C erk APPROVED THIS DAY OF 1986 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 4/7/86 Page 7