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HomeMy WebLinkAboutCC Minutes 1985-01-21SRCC MINUTES (Re .lar) 1/21/85 Page 1 In the Conference Room 201 of the City of San Rafael, Monday, January 21, 1985 at 7: y:O P.M. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1-4-1a x 3-2-51 Marin Association of Public Employees vs. City of San Rafael, et al re Dr. Martin Luther King, Jr. Day was discussed in Closed Session. No action was taken. In the Council Chambers of the City of San Rafael, Monday, January 21, 1985 at 8:00 P.M. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: Gary R. Frugoli, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Gary T. Ragghianti, City Attorney CONSENT CALENDAR Councilmember Breiner moved and Councilmember Nave seconded, to approve the recommended action on the following consent calendar items: Item 2. Approval of Minutes of Special Joint Meetings of October 22, 1984 and January 9, 1985 with the Redevelopment Agency, Special Joint Meeting of October 22, 1984 with the Planning Commission and Regular Meeting of January 7, 1985 (CC) 3. Status Report on Downtown Housing Study (Pl) - File 13-16 6. Acceptance of Grant of Storm Drainage Easement - Second and Shaver Streets (AP 11-244-10) (PW) - File 2-4-13 7. Resolution of Findings Granting Appeal of Handicapped Access Requirements - 1050 Northgate Drive (Holiday Plaza) (PW) - File - 13-1-1 Recommended Action Approved as submitted. Accepted staff report which indi- cated that the draft Downtown Housing Study will be available for public review in March. RESOLUTION NO. 7007 - ACCEPTING GRANT OF DRAINAGE EASEMENT ACROSS PORTION OF ASSESSOR'S PARCEL NO. 11-244-10, SAN RAFAEL, CALIFORNIA (Second and Shaver Streets - from G. Paul and Catherine J. Leal). RESOLUTION NO. 7008 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 1050 NORTHGATE DRIVE. 10. Resolution Approving the Application RESOLUTION NO. 7009 - APPROVING for Licensing of Child Care Programs THE APPLICATION FOR LICENSING (Rec) - File 4-10-188.a OF CHILD CARE PROGRAMS (WITH STATE DEPARTMENT OF SOCIAL SERVICES) 11. Resolution of Findings Granting Appeal of Compliance with Building Code Section 504 - Penetration of Property Line Fire Wall, Re 875-881 Fourth Street (Brent Dickens) (PW) - File 9-3-40 x 1-6-1 RESOLUTION NO. 7010 - CITY COUNCIL (IN ITS CAPACITY AS BOARDS OF APPEALS) GRANTING CONDITIONED APPROVAL OF AN APPEAL FROM SECTION 504 OF THE BUILDING AT 875-881 FOURTH STREET (RE PENETRATION OF PROPERTY LINE FIRE WALL) (BRENT DICKENS) SRCC MINUTES (Regular) 1/21/85 Page 1 SRCC MINUTES (Regular) 1/21/85 Page 2 12. Request for Authorization to Call Approved staff recommendation, for Bids - Street Resurfacing - authorizing staff to call for 1985 (PW) - File 4-1-379 bids (Project No. 006-40698000867) 13. Authorization for Request for Proposals for Labor Relations Negotiator (CM) - File 4-3-134 15. Claim for Damages - Albert Lee & Richard Fandrich, Claim No. 3-1-935 (PD) 16. Application for Leave to Present Late Claim - Bruce Gattoni, Claim No. 3-1-936 (PW) Approved staff recommendation, authorizing staff to request proposals for labor relations consultant firms for labor negotiations and contract manage- ment functions. Approved Insurance Consulting Associates, Inc. recommendation for denial of claim. Approved Insurance Consulting Associates, Inc. recommendation for denial of leave to present late claim. AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 4. RESOLUTION DENYING APPEAL AND UPHOLDING PLANNING COMMISSION APPROVAL OF UP84-61 FOR ALCOHOL RECOVERY PROGRAM RESIDENTIAL CARE FACILITY FOR TEN MEN; 424 MISSION AVENUE; CHRISTINE HENNINGS, OWNER; JENNIFER WREDEN, REPRESENTATIVE; HEDWIG ZAUNMULLER, APPELLANT; AP 14-054-21 (Pl) - File 10-5 Councilmember Breiner asked that this item be removed from the Consent Calendar for an individual roll call vote. RESOLUTION NO. 7011 - DENYING APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF THE 424 MISSION ALCOHOL RECOVERY PROGRAM AYES: COUNCILMEMBERS: Russom, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILME�MERS: Frugoli 5. REQUEST FOR AUTHORIZATION TO NEGOTIATE CONTRACT FOR LANDSCAPE ARCHITECTURAL SERVICES - PEACOCK GAP NEIGHBORHOOD PARK - File 4-3-135 x 6-37 Mayor Mulryan asked staff if there would be any problems with this item regarding the scheduled phasing, and City Manager Beyer stated that this item was included so if in fact, this was approved by Council, directives would be given to have the program set in various phases and also to implement the timing of the phases. Councilmember Nave moved and Councilmember Russom seconded, to approve staff recommendation authorizing staff to negotiate a contract with Brian Wittenkeller to prepare plans, specificPtions and bidding documents for construction of Peacock Ga} -eighborhood Park, with construction to be phased in order to match City's ability to maintain each phase after it is completed. AYES: COUNCILMEMBERS: Breiner, Russom, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 8. EXTENSION OF TIME TO AGREEMENT FOR SHEEP GRAZING IN TERRA LINDA OPEN SPACE LANDS (PW) - File 4-10-158 x 13-14-1 Councilmember Russom asked that an indepth report be brought back to Council for discussion at the second meeting in February to include repairs on gates and fences, relationship on County Open Space and any use of County Open Space funds under a Joint Powers Agreement, including where funds have been disbursed and what the balance is. SRCC MINUTES (Regular) 1/21/85 Page 2 SRCC MINUTES (Regular) 1/21/85 Page 3 RESOLUTION NO. 7012 - EXTENDING THE AGREEMENT WITH DONALD MILLS FOR THE GRAZING OF SHEEP IN TERRA LINDA OPEN SPACE LANDS (to and including the 6th day of February, 19 86 ) AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 9. RENEWAL OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL GOLDENAIRES SENIOR CITIZENS TO USE THE SAN RAFAEL COMMUNITY CENTER FACILITIES FOR DAILY ACTIVITIES AND OFFICE (Rec) - File 4-10-149 Councilmember Breiner indicated that the letter included with this item from the Goldenaires stated that the Goldenaires have provided 25% of the salary for the organization coordinator plus other sundry items to the City of San Rafael since 1982, and wanted this verification that this practice be continued because it was not in the Memors.ndum of Understanding. Staff indicated the information was correct. RESOLUTION NO. 7013 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH THE SAN RAFAEL GOLDENAIRES SENIOR CITIZENS TO USE THE SAN RAFAEL COMMUNITY CENTER FACILITIES FOR DAILY ACTIVITIES AND OFFICE (Three Years from 1/1/85 through 12/31/87) AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 14. RENEWAL OF BASIC LIFE SUPPORT (BLS) AMBULANCE AGREEMENT WITH UNITED AMBULANCE COMPANY (FD) - File 4-3-105 Mayor Mulryan asked for clarification of the County's requirement that the City provide a level of basic life support. City Manager Beyer replied that the County Director of Health is the person who authorizes the paramedic program and part of that authorization requires that the City have a backup BLS system. This condition is imposed on all agencies providing paramedic service. At the request of Councilmember Breiner, Fire Chief Marcucci explained to Council about the $4,800 paid out last year for non -patient transports and indicated the City has a very good working relationship with United Ambulance Company. Councilmember Breiner asked that the costs to United for non -trans- port ambulance calls be monitored cn an annual basis. RESOLUTION NO. 7014 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH UNITED AMBULANCE COMPANY TO PROVIDE BASIC LIFE SUPPORT EMERGENCY AMBULANCE SERVICE TO PARAMEDIC AREA B. (Commencing 2/22/85) (Twelve Month Contract With United Ambulance Company with Thirty -Day Termination Notice By Either Party). AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 17. STATUS REPORT ON SOILS STUDYS ON CITY -OWNED 8 ACRE SITE NEAR BELLAM BOULEVARD (AP 9-010-16) (RA) - File 2-18 City Manager Beyer reported that a year ago, Council adopted a Resolution calling for disposal of the City -owned property for affordable housing. After several conversations with the Housing Authority and Bridge District people re putting a package together on the property prior to finalization, it was necessary to have soils tests taken. One was a basic engineering analysis indicating that the site was satisfactory for development, and the second dealt with hazard materials because at one time the property was used as an unofficial dump site. The report had been submitted to the State Department of Health Services and their review indicated that there is nothing that caused them immediate concern but urged the City to look at it carefully prior to placing housing on the site. SRCC MINUTES (Regular) 1/21/85 Page 3 SRCC MINUTES (Rt_,,ular) 1/21/85 Page 4 Their main concern is methane gas or gases similar to the Problems at Captain's Cove in North San Rafael. Mr. Beyer indicated that as soon as the City has developed a plan to meet these problems staff will be reviewing the plan with the State Department of Health Services, especially in view of the Neighborhood Plan process. After further discussion, Council, without motion, accepted report indicating that staff will work with City's Consulting Engineer and the State to develop Mitigation Measures for hazardous materials and estimates of the costs of these measures before any disposal of this property is undertaken. 18. REPORT ON "USED CAR LOT" ON LUCAS VALLEY ROAD (PW) - File 13-9 (VERBAL) Mayor Mulryan gave an oral report on a conversation with Supervisor Robert Roumiguiere and members of the County staff, in which the Mayor was asked if the City's primary concern was with the used cars, produce truck or both, and Mayor Mulryan responded that it was the used cars as opposed to the produce, as'the produce truck provides a service to the people. As a result of the conversation, the County staff have agreed to have signs posted with either "no parking" or "time limit parking" on Lucas Valley Road. City Manager Beyer stated that he had a similar conversation with the County and a letter to that effect will be forthcoming. 19. REPORT ON BOARDS AND COMMISSIONS (CM) - File 9-2 Mayor Mulryan stated that staff had submitted a comprehensive report and pointed out that the Fire Commission was the only one that seemed controversial. The report recommended that Council consider eliminat- ing the Fire Commission and that a ballot measure be prepared to that effect to be taken to the voters. However, the Fire Commission sent a letter to the City Council saying that their commission plays a vital role in the City and should be continued. After reviewing the staff report on the various commissions, the following recommendations were agreed to by Council without motion: FIRE COMMISSION - File 9-2-5 - Recommended that Fire Commission to continue, however, to meet every other month. Councilmember Breiner also recommended that all Commissions and Boards summarize productivity within their respective groups and submit a report annually with the exception of the Planning Commission. POLICE ADVISORY COMMISSION - File 9-2-28 - Recommended that the Police Advisory Commission not be extended and that the concept of an Ad Hoc Committee be used in the future to review any problems. CULTURAL AFFAIRS COMMISSION - File 9-2-24 - Recommended that staff report back to Council after further discussion with the commission regarding expansion to seven members, etc. so there will be some kind of agreement on the Falkirk Development Committee and the Cultural Affairs Commission. DESIGN REVIEW BOARD - File 9-2-39 - Recommended that the Committee be expanded to four members and that the Design Review Board be formally created by City ordinance which would delineate the qualifications for membership, number of members, terms of service, and specific responsibilities of the Design Review Board. Councilmember Breiner suggested that staff have included in the qualifications, that there be overlapping terms. MOBILE HOME ADVISORY COMMITTEE - File 9-2-29 - Recommended that this Committee be disbanded, and if new problems arise, an Ad Hoc Committee could be created with a sunset provision. CITIZENS ADVISORY COMMITTEE ON ENERGY - File 9-2-34 - Recommended termination of committee. SRCC MINUTES (Regular) 1/21/85 Page 4 SRCC MINUTES (Regular) 1/21/85 Page 5 City Manager Beyer to come back to Council with specifics on recommendations to make Committees more effective, including the Redevelopment Citizens Advisory Committee. 20. STATUS REPORT ON STAFF EVALUATION OF REGULATING SERVICE STATION CONVERSIONS (Pl) - File 9-1 x 9-1-2 x 10-5 Planning Director Anne Moore reported that previously, staff had indicated a complete report would be available in January, however, submitted is a status report showing that work is being done on this and a full report with preliminary recommendations will be done for the meeting of February 4, 1985. Planning staff is looking at ordinances that other communities have adopted or are considering adopting, which impose generally, use permits and sometimes per- formance standards on service stations. Also, a comprehensive survey of all service stations in San Rafael has been done so staff may know which services are offered at which stations. Councilmember Nave indicated that he wants to know the status of what has happened in the last year and last six months in converting service stations. Mr. Nave stated that because of the change in oil prices, that service stations are reverting back to giving more services to the people, remaining open longer hours, and indicated that Council may be fighting a battle two years back. Council accepted the staff report without motion. 21. STATUS REPORT ON SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVISIONS (P1) - File 10-1 Planning Director Anne Moore stated that this item was a followup to the hearing on the Housing Element at which time Council asked for a status report on revisions to the Subdivision and Zoning Ordinances. Substantial work has been done on the Subdivision Ordinance but has not proceeded to a final draft stage for public hearing. Staff had determined that it is important to have as a companion, new regulations upgrading the Grading Ordinance for the City. Public sensitivity has heightened since the storms; one example is the Meadow Oaks site. The difficulty with both the Subdivision Ordinance and Grading Ordinance is, withthe reduced staff in the Planning Department, the Ordinances cannot be completed before the end of the fiscal year. In relation to the Zoning Ordinance modifications, there is no comprehensive revision that has been under consideration or part of a departmental work program. The time to make modifications to the Zoning Ordinance is when comprehensive revisions are being considered or as part of a departmental work program. San Rafael has had "piece meal" modification: to the Zoning Ordinance as needed. However, a complete revision is very expensive, a major undertaking (probably a year or two), and staff does not think that the present Zoning Ordinance warrants that kind of attention. Mayor Mulryan asked Ms. Moore if staff will recommend in the future, that a comprehensive revision of the General Plan be done, and Ms. Moore replied that presently, her recommendation would be to discuss this with the City Manager and City Attorney, as it has been 12 years since the City has looked at San Rafael's General Plan. Mayor Mulryan related that it would be beneficial to the Council to have an overview of what is involved, the relation to the ongoing process of adopting Neighborhood Plans, and to know where a general revision would fit in. Councilmember Russom stated that the City has been revising various elements of the General Plan and asked if this was being done because of the State law requirements? Ms. Moore indicated that the Housing Element revisions have been mandated by State law,and some ongoing land use revision work for which Revenue Sharing funds have been budgeted. Neighborhood Plans which have been handled as General Plan Amendments have been dictated by the General Plan itself. Only the Housing Element is specifically State mandated. SRCC MINUTES (Regular) 1/21/85 Page 5 SRCC MINUTES (Regular) 1/21/85 Page 6 Councilmember Breiner stated that Council should have the Subdivision Ordinance done, circulated and adopted. Mrs. Breiner continued that much time had been put into a draft which was completed over two years ago, and some complications arise because this is lagging behind and she would like to see this completed and at the same time work on an improved Grading Ordinance. Councilmember Breiner moved and Mayor Mulryan seconded, that staff be directed to come back to Council at the meeting of February 4, 1985 with information as to what time would be involved and the approximate cost to complete work on the Subdivision Ordinance and to bring forward an improved Grading Ordinance for the City of San Rafael. AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 22. REPORT ON ISSUE OF REVISION OF UNIFORM FIRE CODE RE: SMOKE DETECTORS (FD) - File 1-6-4 City Manager Beyer briefed the staff report, indicating that following a recent hotel fire, Council directed the Fire Department to analyze the possibility of enacting a retroactive Smoke Dector Ordinance, with associated costs and approximate numbers of buildings involved. Since 1972, the Fire Code has been amended several times to include smoke detectors in various types of occupancies, primarily single and multiple family dwellings. There presently exists a Smoke Detector Ordinance for hotels but the Ordinance is not retroactive. Councilmember Russom asked Fire Chief Marcucci what would be involved in having a retroactive Ordinance enforced, and Chief Marcucci replied that it would involve physical inspections of the apartments which would be difficult because the Fire Department does not have the authority to enter these apartments. There is an ordinance however, stating that when an apartment is sold, a battery operated smoke detector is to be placed in every unit. The Fire Department does have the authority to enter a hotel and make a physical inspection. The difference between a battery smoke detector and a wired smoke detector is that when the battery needs replacing, one does not know until it is checked as opposed to a wired detector that works all the time. Councilmember Breiner asked Chief Marcucci for clarification when the ordinance was adopted some years ago if the concern was over retro- activity dealing with smoke detectors or sprinkler systems. Chief Marcucci responded that there was a general concern over retro- activity. At that time, the Marin Builders Exchange, whom the Fire Department had negotiated with regarding the Smoke Detectors and Sprinkler Ordinance in commercial structures, made it evident to Council that they did not want to have a retroactive ordinance and the issue was not pushed. The Fire Department then went with the new construction rather than the retroactive ordinance which was about the year 1972/73. Fire Chief Marcucci pointed out the total number of apartments and hotel rooms and pointed out that none of these have smoke detectors at this time, and should an ordinance become retroactive, the total rooms would have to be involved. Councilmembers agreed that hotel rooms should be required to have smoke detectors, and Councilmember Breiner strongly recommended that apartments should also have the smoke detectors. Councilmember Breiner moved and Councilmember Nave seconded, to have staff draft a Retroactive Ordinance requiring wired smoke detectors in hotel rooms in the City of San Rafael for Council review. AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli SRCC MINUTES (Regular) 1/21/85 Page 6 23. SRCC MINUTES (Regular) 1/21/85 Page 7 Councilmember Breiner moved and Councilmember Russom seconded, to have a report brought back to Council requiring Smoke Detectors in apartments. AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli GEOTECHNICAL REVIEW RECORD KEEPING - a. CREATION OF DATA BASE MAPS INDICATING POTENTIAL GEO-SEISMIC HAZARDS ZONES AND RELATIVE STABILITY OF NATURAL'SLOPES - File 10-2 x 9-3-40 x 9-2-26 Councilmember Breiner pointed out her concerns on Geotechnical Review Record Keeping as follows: 1) Having information in a concise, easy to find configuration so the general public, contractor or City departments may locate the information easily. 2) Re the geo-seismic maps - since the storms of 1982/83, changes have taken place in what were considered "safe areas" and asked if the maps reflect these changes. 3) When soils engineers are hired for a development, is their information monitored and transferred to the maps. Mrs. Breiner relayed that this information is important and that problems have come up in supposedly "safe zones". Planning Director Moore stated that staff does not have people rely on these maps. Ms. Moore directed Council to maps on a bulletin board which were done by the Division of Mines and Geology and were more detailed andbetter scaled, but explained that the maps are not so precise that staff would have people believe that there are no problems on certain sites. Ms. Moore continued that when someone needs information on geotechnical reviews with subsurface borings (which have increased in the last few years), should the map indicate that there is unstable soil conditions, the burden of proof is on the applicant to prove the site is buildable. Councilmember Breiner asked Ms. Moore what would need to be done to have the process of record keeping formalized in one area. Ms.; Moore responded that it would probably involve a full time staff person to handle the task to keep it up to date. Public Works Director Bernardi stated that once the soils engineer gets the general idea of the geology of the development, they then do the borings or whatever is necessary to make their analysis site specific. Once this information is developed it may be entered in 3 places; the Planning Department file, the Public Works Subdivision file, and portions of the report as the lots develop are filed in the Building Permit file. The information is site specific and refined. Should someone need information that staff does not have on file, that person is then notified to consult with a soils engineer to look at the site for this information, and this may be the case in so-called "best zone" areas also. Staff also recommends that site drainage should be looked into which a perspective buyer may not know about, and may give them an approximate cost. Planning Director Moore stated that San Rafael is ahead of many other communities by having the routine use of a third party review - the Geotechnical Review Board System - which gives the City the opportunity to have the applicant's geotechnical report critiqued by that independent third party who does not work for the applicant but is under contract to the City. Council took no further action at this time. SRCC MINUTES (Regular) 1/21/85 Page 7 SRCC MINUTES (h,�,gular) 1/21/85 Page 8 24. DISCUSSION RE CORRESPONDENCE FROM LAWRENCE LODER/ROBERT H. SAN CHEZ CONCERNING PROPOSED 18 UNIT STUDIO APARTMENT STRUCTURE TO BE CONSTRUCTED AT 516 CANAL STREET (P1) - File 10-2 Dlayor Mulryan explained that the staff report indicated that this matter is currently on the Planning Commission's agenda for January 29, 1985 and called upon Mr. Lawrence Loder. Mr. Robert San Chez approached the podium instead and submitted a. letter to Council on their behalf concerning items to be brought to the Planning Commission. Mr. San Chez was informed by Mayor Mulryan that these items could not be discussed with the Council at this time because it is to be directed to the Planning Commission first. Mr. San Chez claimed that the item before the Planning Commission concerns whether or not their redevelopment project, which he believes does not require the usual discretionary review, is or is not prejudicial to the East San Rafael project and claims that the procedure is not applicable to this particular project. Mr. San Chez continued to explain that the staff report did not speak of the same subject they wished to address and did not answer the concerns of their original letter and asked that Council review their letter as opposed to the staff report which included a discrepency involving the process of the Design Review Board. Mayor Mulryan asked City Attorney Ragghianti if he had reviewed the letter before tonight, and Mr. Ragghianti answered that he had not. Mayor Mulryan pointed out that what was being submitted was technical and called upon Planning Director Moore for clarification. Ms. Moore stated that there is a Descretionary City Review involved, and indicated the project would need to go to the Planning Commission to get a Descretionary Design Review application. Any Descretionary Permits being issued for projects in East San Rafael are subject to a special procedure that was recommended by the Planning Commission and adopted by Resolution by the City Council, and that is the procedure staff is following. Ms. Moore informed Mr. San Chez that the Design Review application will be before the Planning Commission at the next meeting as well. Mr. San Chez indicated his agreement with this procedure. 25. RENEWAL OF LIABILITY AND PROPERTY INSURANCE FOR 1985 (Fin) - File 9-6-1 (Mayor Mulryan stated for the record, he had a potential conflict of interest and left the Council Chambers.) Finance Director Coleman gave his report on the 1985 Liability and Property Insurance, pointing out that the liability insurance had gone up dramatically. One reason is the change in the insurance industry over the last several years with significant underwriting losses which were covered by investment income which is no longer the case. The other aspect as it applies to San Rafael is the problem the City has had in the past couple years particularly with the storms, with substantial number of claims having been filed with the City. Unfortunately, many of these claims have not been resolved and it may be a while before they are resolved, resulting in the insurance companies not being able to determine what their exposure may be, and a combination of these two reasons caused the insurance to rise. The third coverage is the auto physical damage where again, the increase has been astronomical. At the moment, staff is recommending not to buy insurance in this area as it is not as critical as having liability insurance; we are,in effect,self insuring any physical damage to the City's vehicles. Mr. Coleman indicated he has asked Marsh and McLennan, our insurance broker, to continue to explore several options to find a policy to cover the City's vehicles during the coming year. SRCC MINUTES (Regular) 1/21/85 Page 8 SRCC MINUTES (Regular) 1/21/85 Page 9 RESOLUTION NO. 7015 - AWARDING LIABILITY AND PROPERTY INSURANCE FOR THE YEAR 1985 (Liability Insurance to Industrial Underwriters, Inc. and Midland Insurance Company, and Property Insurance to Zurich American Insurance Company, effective January 4, 1985) AYES: COUNCILMEMBERS: Nave, Russom and Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli and Mayor Mulryan 26.a. SUN VALLEY OPEN SPACE - EXTENSION OF JOINT POWERS AGREEMENT (CM) - File 4-13-69 x 13-14-1 (Mayor Mulryan returned to the Chambers) Mayor Mulryan informed the Council that he and Councilmember Nave met with Supervisor Robert Roumiguiere and representatives of the approximately 2,000 homeowners in the area regarding formation of the assessment district. Appraisals are in the process of being obtained. RESOLUTION NO. 7016 - AUTHORIZING THE SIGNING OF A MODIFICATION TO JOINT POWERS AGREEMENT BETWEEN THE COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL RE: ACQUISITION OF SUN VALLEY OPEN SPACE (EXTENDING AGREEMENT AND MANAGEMENT CLAUSE TO SEPTEMBER 30, 1985) AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 26. b. SUN VALLEY OPEN SPACE: OPTION TO PURCHASE AGREEMFTPT' FOR DUCA PROPERTY ( AP 10-011-07, 10-011-46 AND PORTIONS OF AP177-240-11 AND 177-240-18) - File 4-13-69 x 13-14-1 RESOLUTION NO. 7017 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT - OPTION TO PURCHASE AGREEMENT BETWEEN EMMA DUCA AND THE MARIN COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL (FOR DUCA PROPERTY - AP 10-011-07, 10-011-46 AND PORTIONS OF AP 177-240-11 AND 177-240-18) (To June 30, 19 85 ) AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 27. PLANNING LEGISLATION AFFECTING SAN RAFAEL (Pl) - File 9-1 x 10-2 Mayor Mulryan commended Planning Director Moore for a thorough staff report, which was accepted without motion. ADD ITEM: STATUS REPORT ON WATER SLIDE - McINNIS PARK (FANTASEA) - File 215 Mayor Mulryan stated that it was his understanding that concept approval has been given by the County on the McInnis Park project but that the County has not yet decided on mitigation and the contractual terms with the proposed developer, and other pertinent information, and indicated that it is appropriate at this time to reiterate the City's concern regarding traffic to be sure that the County does not misunderstand that the City is expecting mitigation on the proposal from the developer. He mentioned there will be a very significant impact on the developments coming in to the Smith Ranch area. SRCC MINUTES (Regular) 1/21/85 Page 9 SRCC MINUTES (Regular) 1/21/85 Page 10 Planning Director Moore indicated that in an earlier report to Council, she had advised that when the Board of Supervisors adopted the Northgate Activity Center Plan, the one remaining item that needed to be taken care of was to work out the details of the traffic assumptions made for McInnis Park. That has not been finalized. Councilmember Breiner moved and Councilmember Russom seconded, to authorize Mayor Mulryan to write a letter to the County regarding the traffic mitigation and conditions to be imposed on the proposed development at McInnis Park before any final approval is given. AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli Council adjourned to the next regular meeting to be held on Monday, February 4. 1985. JEAM. LEONCI I , CAy Clerk APPROVED THIS DAY OF 1985 MAYOR OF TIME CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/21/85 Page 10