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
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M
7.
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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.
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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
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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
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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
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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
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