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HomeMy WebLinkAboutCC Minutes 1986-05-05SRCC MINUTES (Regular) 5/5/86 Page 1 In Conference Room 201 of the City of San Rafael, Monday, May 5, 1986 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a No. 86-11(a) - (#2); No. 86-11(b) - (#2); No. 86-11(c) - (#1) Russell vs. City of San Rafael; No. 86-11(d) - (#2); No. 86-11(e) - (#2). No action was taken. In the Council Chambers of the City of San Rafael, Monday, May 5, 1986 at 8:00 PM. 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, CiLy Clerk; Gary T. Ragghianti, City Attorney CONSENT CALENDAR Councilmember Russom moved and Councilmember Frugoli seconded, to approve the following items on the Consent Calendar: Item Recommended Action 3. Kerner Boulevard Assessment District: (PW) - File 6-35 a. Report on Bid Opening and a. RESOLUTION NO. 7338 - Award of Contract - Kerner AWARD OF CONTRACT FOR KERNER Boulevard Extension Assess- BOULEVARD EXTENSION ASSESSMENT ment District Landscape DISTRICT LANDSCAPE IMPROVEMENTS Improvements (to Bauman Landscape, Inc., low bidder, in amount of $129,860) b. Adopt Resolutions Accepting b. RESOLUTION NO. 7339 - ACCEPTING Landscape Easement and GRANT OF LANDSCAPE AND ACCESS Accepting Conveyance of EASEMENT AT THE END OF PELICAN Wetlands WAY (FROM REID CORPORATION) RESOLUTION NO. 7340 - ACCEPTING CONVEYANCE OF REAL PROPERTY LOCATED IN SAN FRANCISCO BAY ADJACENT TO AND NEAR PELICAN WAY IN SAN RAFAEL (FROM HORST & IRENE HANF & WM. H. & ILSE C. POESCHL) 4. Resolution of Findings Re Appeal RESOLUTION NO. 7341 - CITY COUNCIL of 1050 Fourth Street (New (IN ITS CAPACITY AS BOARD OF Horizons Savings and Loan APPEALS) GRANTING APPEAL FROM STATE Association) (PW) - File 13-1-1 ACCESS REQUIREMENTS - 1050 FOURTH %STREET (NEW HORIZONS SAVINGS AND LOAN ASSOCIATION) 5. Council Authorization to Set Up Approved staff recommendation, a Donor/Membership Program for authorizing staff to initiate a Falkirk (Lib/Cult.Affs) - Falkirk Membership Program to File 8-24 x 9-3-61 begin with a Charter Membership Drive in May & June of 1986. SRCC MINUTES (Regular) 5/5/86 Page 1 SRCC MINUTES (Regular) 5/5/86 Page 2 7. Resolution of Denial Without Prejudice for Loch Lomond Unit #10, A 30 Lot Subdivision; Las Casas Ave., Inverness Dr., Fernlea Properties, Inc., Owner; Oberkamper & Assoc., Rep.; Loch Lomond Homeowners Assn., Appellant (Pl) - File 5-1-297 8. Acceptance of Resignation of Fire Commission Chairman Leonard Fisher and Appointment of New Fire Commissioner Jeremiah Sweeney (FD) - File 9-2-5 9. Approval of Subdivision Final Map - Marin Bay Park (PW) - File 5-1-302 10. Status Report on Community Development Block Grant (CDBG) Funding (CM) - File 147 11. Legislation Affecting San Rafael (CM) - File 9-1 12. Claims for Damages: a. Donald M. Frailey (PD) - File 3-1-1062 b. Francis T. Fahy (PW) - File 3-1-1073 C. Eugenie R. Yaryan (PW) - File 3-1-1085 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7342 - RESOLUTION UPHOLDING AN APPEAL AND DENYING WITHOUT PREJUDICE APPROVAL OF A TENTATIVE MAP TIME EXTENSION FOR THE LOCH LOMOND UNIT #10 SUBDIVISION, A 30 LOT SUBDIVISION LOCATED NORTH OF LAS CASAS AVENUE AND INVERNESS DRIVE (AP 186-031-02 & 06 and 186- 520-17 & 18) Accepted resignation of Fire Commission Chairman Leonard Fisher and appointed new Fire Commissioner Jeremiah Sweeney; term to expire end of March 1987. RESOLUTION NO. 7343 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "MARIN BAY PARK" Accepted staff report. SUPPORTED PROPOSITION 46 - Restor- ation of General Obligation Bond Authority. SUPPORTED PROPOSITION 47 - Guaranteeing the Vehicle License Fee as a Local Government Revenue Source. SUPPORTED PROPOSITION 49 - Restor- ing the Spirit of Non -Partisanship to Non -Partisan Elections SUPPORTED PROPOSITION 51 - The Fair Responsibility Act ("Deep Pocket" Reform Law) SUPPORTED AB 3554 - (Hauser) State "Reinsurance Fund" for Cities OPPOSED AB 4367 - (M. Waters) Redevelopment. LAFCO approval. Re - adoption of Findings. OPPOSED AB 3174 - (Cortese) Rede- velopment. Enhanced County Ability to Challenge Indebtedness. Approved Insurance Consulting Associates, Inc. recommendations for denial of claims. Frugoli, Nave, Russom & Mayor Mulryan SRCC MINUTES (Regular) 5/5/86 Page 2 2. go SRCC MINUTES (Regular) 5/5/86 Page 3 APPROVAL OF MINUTES OF REGULAR MEETINGS OF APRIL 7 AND 21, 1986 AND SPECIAL MEETING OF APRIL 21, 1986 (CC) - File 1-4 Councilmember Breiner pointed out corrections to be made on the Minutes of April 21, 1986; page 5, item 19, last paragraph, "Although all the studies prepared to date indicate that the site is probably developable and the subdivision is probably feasible,..."; and on page 9, fourth paragraph, change "Eastern portion" to "entire site". Councilmember Breiner moved and Councilmember Nave seconded, to approve the Minutes of the Regular Meeting of April 21, 1986, as amended, and approve Minutes of Regular Meeting of April 7, 1986 and Special Meeting of April 21, 1986, as submitted. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None REPORT ON BID OPENING AND AWARD OF CONTRACT FOR RENOVATIONS TO FIRE STATION NO. 1 AND INSTALLATION OF EMERGENCY GENERATOR - File 4-1-371 x 9-3-31 Councilmember Frugoli was concerned about the dispatch console not being a part of the renovation and that it should be brought up during the budget hearings. City Manager Nicolai responded that the Dispatch office is part of the renovation, including the console. Councilmember Frugoli moved and Councilmember Nave seconded, to adopt the Resolution awarding the contract to Cal -Custom Construction. RESOLUTION NO., 7344 - RESOLUTION OF AWARD OF CONTRACT FOR RENOVATIONS TO CITY OF SAN RAFAEL FIRE STATION #1 AND INSTALLATION OF EMERGENCY GENERATOR AT CITY HALL (To Cal -Custom Construction, Low Bidder, in Amount of $541,055) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING - CONTINUATION OF PUBLIC HEARING RE PROPOSED DOWNTOWN SAN RAFAEL IMPROVEMENT AREA INCLUDING RESULTS OF POLLING BUSINESS/PROPERTY OWNERS (RA) - File 224 x (SRRA) R -140-I Mayor Mulryan declared the public hearing opened. Mayor Mulryan announced that this was a continuation of the public hearing held on April 7, 1986, regarding the Downtown San Rafael Improvement Area. Assistant Executive Director Ours stated that over 400 votes were received from the balloting of merchants/property owners in the proposed area, indicating more opposed than for the formation of the District. He noted that staff would like to examine this further in light of the fact that the "Main Street" Program, which the City has applied for, requires that the proposed Downtown Improvement Area be in effect. In light of the negative response, and because Council feels that there should be improvements to the downtown area, Mayor Mulryan suggested forming a "Mayor's Committee" which would bring together people who are interested in the improvement of the downtown area. Staff was directed to follow through on the suggestion with a list of names and invitations going out informing them of a meeting to be held in the near future. Councilmember Breiner recalled dissension by business people a few years back when redevelopment was considered for the downtown area, and that it took a long time for the people to agree that it was SRCC MINUTES (Regular) 5/5/86 Page 3 SRCC MINUTES (Regular) 5/5/86 Page 4 beneficial. She suggested that in the next report, a review time or sunset provision be made so there would be some way to assess its effectiveness. Mr. Norman Richardson, Picturesque Frames in San Rafael, stated that he was in favor of the Downtown Business Improvement Area. There being no further comments, Mayor Mulryan closed the public hearing. 14. RESOLUTION REINSTATING AGREEMENT FOR SUBDIVISION IMPROVEMENTS (OAKWOOD UNIT NO. 1) AND CONDITIONALLY AUTHORIZING SIGNING OF NEW AGREEMENTS FOR SUBDIVISION IMPROVEMENTS IN OAKWOOD UNIT NOS. 1, 2, 4 AND 5 (PW) - File 5-1-244 Public Works Director Bernardi stated that the Resolution covers two areas: 1) Reinstating Mr. Paul Felton as the Obligee under the Subdivision agreement passed in December, 1985, where he sold Unit One and a Resolution was adopted changing the Obligee on the Subdivision Agreement to Linda Calef. The transaction was not completed, and although Mr. Felton owns the land, she is obligated to the City to perform the subdivision improvements until adoption of the new Resolution. 2) Allows the Mayor and City Clerk to sign the individual agreements as the various units come up for sale instead of having each unit brought to Council for approval. This action has been approved by the City Attorney's office. RESOLUTION NO. 7345 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REINSTATING AGREEMENT FOR SUBDIVISION IMPROVEMENTS AND EXTENDING DATE FOR COMPLETION OF WORK, OAKWOOD UNIT NO. 1 AND CONDITIONALLY AUTHORIZING SIGNING OF NEW AGREEMENTS FOR SUBDIVISION IMPROVEMENTS IN OAKWOOD UNIT NOS. 1, 2, 4 & 5, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. DISCUSSION RE LIABILITY INSURANCE ALTERNATIVES (Fin) - File 9-6-1 Finance Director Coleman recommended to Council that staff be authorized to participate in the California Joint Powers Insurance Authority (CJPIA), and if not accepted into that insurance pool, that the City remain uninsured to evaluate what other options are available. If accepted into the Superpool, the matter will come back to Council for adoption. If not accepted, recommendation was made that the City remain uninsured to continue evaluating other options. Councilmember Russom was concerned about inverse condemnation, and Mr. Coleman commented that the Marin JPA is the only group that covers inverse condemnation and mentioned that he felt the cost would be prohibitive. After further discussion, Councilmember Breiner moved and Councilmember Russom seconded, to approve staff recommendation that Council authorize participation in the California Joint Powers Insurance Authority (CJPIA) and to remain self-insured if the City is not accepted, and that the insurance limit be set at $10 million instead of $5 million dollars. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. DISCUSSION RE TRANSPORTATION SYSTEMS MANAGEMENT (TSM) COORDINATOR (PW) - File 11-32 x 11-13 x 11-16 John Rumsey, Assistant Civil Engineer Traffic, presented the staff report stating that a productive meeting was held resolving issues with the business community, and indicating they are willing to enter into a program with the City to work out problems. The proposal made by SRCC MINUTES (Regular) 5/5/86 Page 4 SRCC MINUTES (Regular) 5/5/86 Page 5 Councilmember Dennis McQuaid of the City of Novato could be beneficial by having someone working with the business community to help them structure programs, and giving them information on how peak hour traffic could be lessened. Mr. McQuaid proposes that the City approach the Buck Fund jointly with the County and other Cities within the County and apply for a Traffic Systems Management (TSM) Coordinator. Councilmember Nave stated that if the City did have a County Coordinator, that the Board of Supervisors be informed that the City would want to have a volunteer cooperative type of program and not a mandatory ordinance. Councilmember Russom inquired as to who is responsible for the application to the Buck Fund, and Mr. Rumsey replied that this was not discussed, but that he would be willing to assist. Councilmember Breiner informed Council that at the last Countywide Plan Advisory Committee meeting, it was mentioned that the TSM study being done by the County would take about 18 months, and the adoption of an Ordinance would take even longer. Therefore, the letter from Councilmember McQuaid pointed out there is room for at least some TSM coordination without an Ordinance, and recommended having someone in place who could begin working with the community and the businesses by getting information out to the public countywide. Councilmember Russom moved and Councilmember Frugoli seconded, to approve staff recommendation that Council authorize participation in the joint application to the San Francisco Foundation for a TSM Coordinator. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. STATUS REPORT ON BELLAM BOULEVARD HOUSING SITE (RA) - File 13-16 Councilmember Breiner voiced her concern about this matter, noting the staff report indicated that the last major report to Council was presented in January 1985. She stated that if anything is to be done with the site, any mitigation measures necessary to take care of the hazardous materials and the costs would need to be known before trying to dispose of the property, even in conjunction with the property owned by the Sanitation District. Public Works Director Bernardi stated that mitigation measures have been developed by Eljumaily-Butler, the hazardous waste consultant who did the analysis along with Don Herzog and Associates, for the City to follow when the site is ready to be developed. Mr. Bernardi noted that additional soils studies need to be done relating to the scale of building intensity, but indicated that to have this work done now would be premature until it is known how the site is going to be developed. The mitigation measures have been reviewed by the State Health Department and have essentially been approved, indicating that it is acceptable to put housing on the site. At this point, foundation design criteria needs to be developed, and staff is awaiting the General Plan and the Neighborhood Plan to be updated. After further discussion, Councilmember Breiner requested that Council be informed early on whether affordable housing is feasible on the site, given the constraints. 18. LETTER FROM BRET HARTE COMMUNITY ASSOCIATION, DATED NOVEMBER 25, 1985, PERTAINING TO PURCHASE OF LAND FOR OPEN SPACE (IRWIN STREET, OPPOSITE HAZEL COURT) (Pl) - File 13-14-1 Associate Planner Paul Jensen stated that several months ago, staff was directed to respond to a letter from the Bret Harte Community Association wanting to purchase approximately 8 acres of hillside land above Irwin Street for the use of open space. In 1984, the property was approved for 13 single family dwellings with an open space easement of approximately three acres. Staff does not recommend the City participate in the purchase of this site for the following reasons: SRCC MINUTES (Regular) 5/5/86 Page 5 19. SRCC MINUTES (Regular) 5/5/86 Page 6 1. The City has already used the development review process to secure three acres of the most valuable portion of the site for open space. 2. City participation makes the City a party to liability. 3. The property is of no community -wide significance, therefore it is unlikely that funds are available from other sources to participate in the purchase. 4. The City is undergoing a revision of the General Plan and it is likely that as a result of open space policies, the City's priorities for purchasing open space as well as maintaining existing open space will be re-evaluated. Councilmember Breiner moved that the City allocate funds for an appraisal of the property, stating that when the project came before Council, there were concerns about drainage and many precautionary conditions were made part of the approval. She noted that because there is nothing built on the property, the value will be what the cost of the lots will sell for, and the conditions would need to be taken into consideration. By obtaining the appraisal, the neighborhood would then know if they want to continue. Mr. Rick Carlson of 217 Irwin Street representing the Bret Harte Community Association, explained that the Association's president, Bruce Scott was out of town, and that several months ago they contacted some Councilmembers and were led to believe that the Council would be interested in knowing what the community felt as a whole. A committee was formed and 91 homes were polled of which 73 responded positively and who are willing to contribute at least $5.00 or $10.00 a month toward the acquisition of the property. Mr. Carlson stated that he was here tonight to ask for funding for the appraisal of the property. Councilmember Nave ascertained from staff that the property is presently listed on the market at $395,000, so that an appraisal would only help if the community decided to enter court to force the developer to sell. Councilmember Russom commented that the preferable approach would be that the neighborhood pay for the appraisal themselves, and if acquisition of the property was realistic, they should then come back to Council to ask for participation. Councilmember Frugoli indicated that he agreed with Councilmember Russom and added that the City knows basically what they think it is worth, and with the City not covered by insurance at this time, liability should be considered. Public Works Director Bernardi stated that there are problems with the property, and that by re -grading and having roads put in, the stability of the land would be increased. Councilmember Breiner reaffirmed her motion made earlier, indicating that the City has helped other neighborhoods and if an appraisal is needed the City should appropriate up to a maximum $1,000 for the hiring of an appraiser. The motion died for lack of a second. Councilmember Frugoli moved and Councilmember Russom seconded, to deny the request for the City to initiate the property appraisal and participate in open space purchase. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None REQUEST FOR CONSIDERATION OF CITY PARTICIPATION IN PROPOSED JITNEY BUS SERVICE IN EAST SAN RAFAEL (CM) - File 11-33 City Manager Nicolai stated that she was contacted by people who worked on this proposal who are part of an ad hoc committee task force for the East San Rafael jitney service, with communication from Supervisor SRCC MINUTES (Regular) 5/5/86 Page 6 SRCC MINUTES (Regular) 5/5/86 Page 7 Robert Roumiguiere and a Resolution from the Chamber of Commerce. They would like to try a pilot project of a jitney bus that operates at peak hour service in the morning and afternoon in the East San Rafael area. The proposal includes the Marin County Transit District contributing $25,000 and the Buck Foundation contributing $25,000, with the East San Rafael property owners coming up with $25,000. Contrary to Supervisor Roumiguiere's proposal, the City was to be approached for some funds to be included in the East San Rafael property owners' contribution of $25,000 to help match some of the funds that may be generated from the property owners and businesses in that area. At this time, Ms. Nicolai was unsure if the $10,000 to $15,000 requested from the City would be in addition to the $25,000. Senior Planner Art Brook stated that the committee is investigating the need for expanding the jitney service to connect from the residential area and the employment location with a tie into Fourth and Hetherton Streets, and that results should be available in another month. Mr. Jim Ring, architect, stated that they are asking for $15,000 from the City to help defray expenses for the first year of operation, with a fare charge of 50 cents per trip. Hopefully within the second year, revenues could be realized from the fare box. It would take $100,000 per year to run the project. Proposals have been sent to the Marin Airporter, Richmond/San Rafael Bridge, Whistlestop and other private operators from out of the County. Golden Gate Transit is being asked to change some of their bus schedules, with the idea that if this triangle works, there would be a possibility of extending service to Santa Venetia and other areas. Councilmember Nave moved and Councilmember Frugoli seconded, to grant conceptual approval to the Jitney Bus Service proposal, with staff to bring back a report to Council on costs to the City. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. COUNTY -WIDE SPECIAL HAZARDOUS MATERIALS COLLECTION DAY (CM) - File 13-1 x 4-3-32 x 9-3-31 x 8-5 Administrative Assistant Harry stated that in February of this year, City Manager Doug Dawson of Mill Valley sent a letter to the City with a request to Council from Supervisor Harold Brown, asking that the City take part in a County -Wide Special Hazardous Materials Disposal Day. This move would allow individuals throughout the County to dispose of various toxic substances from their homes that have become illegal within the past 10 years. Supervisor Brown is asking that each City pay the amount that is set up on a per -capita basis, and the City of San Rafael's share would be $2,250. Mr. Harry responded to Mayor Mulryan's question stating that the money will be spent for the transportation and disposal of the hazardous materials. Councilmember Frugoli moved and Councilmember Nave seconded, to accept the staff report, and directed staff to draft a letter to Supervisor Harold Brown stating Council support of the proposed Hazardous Materials Disposal Day in addition to Council pledging an estimated $2,250 as San Rafael's share of the County -wide cost. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. REPORT ON MID -MANAGEMENT STUDY (CM) - 7-4 (VERBAL) Mayor Mulryan stated that this item is carried over to the next Council Meeting of May, 19, 1986. SRCC MINUTES (Regular) 5/5/86 Page 7 SRCC MINUTES (Regular) 5/5/86 Page 8 ADD ITEMS 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE EXTENDED DAY CARE SERVICES BILL (ROBERTI SB303) - File 4-10-199 RESOLUTION NO. 7346 - RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE EXTENDED DAY CARE SERVICES BILL (ROBERTI SB303) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2. AIR TRAFFIC - SMITH RANCH AIRPORT - File 12-12 Councilmember Briener stated that Council received a letter from a resident in the Santa Venetia area who is concerned that there is an increased amount of airplanes authorized to use the Smith Ranch Airport. Staff was asked to bring back a report at the next meeting on status of number of planes using and authorized to use the Smith Ranch Airport. There being no further business, the meeting was adjourned. JE -M. LEONCINI -\ City Clerk APPROVED THIS DAY OF 1986 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 5/5/86 Page 8