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HomeMy WebLinkAboutCC Minutes 1985-02-04SRCC MINUTES k.,_ filar) 2/4/85 Page 1 In Conference Room 201 of the City of San Rafael, Monday, February 4, 1985 at 7:00 P.M. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1-4-1a Beatrice Hough v. City of San Rafael, et. al, (Claim No. 3-1-772); Forest Brandon v. City of San Rafael (Workers Compensation Claim); Silvestri v. City of San Rafael (C.S.R.) Sequoia Insurance, Reiss, Reiff, LaRock, Miller, John Beckstrom, Boro, Ganiard v. Guenza v. C.S.R. No action taken. In the Council Chambers of the City of San Rafael, February 4, 1985, at 8:00 P.M. 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: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Gary T. Ragghianti, City Attorney ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 P.M. COMPLAINTS OF NOISE AT T&T BAR AND GRILL, 1325 FOURTH STREET - FILE 13-9 Mr. Joe Territo, of 1330 Fourth Street, spoke on complaints against the T&T Bar and Grill located at 1325 Fourth Street, indicating that fellow merchants were deceived by the Alcoholic Beverage Control (ABC) that T&T Bar and Grill would sell only beer and wine but, in fact, has a full service bar which has resulted with patrons being loud and rowdy. He asked Council have ABC contacted to ask if the information given to the surrounding merchants was factual. Mayor Mulryan directed staff to submit a report from the San Rafael Police on the calls to them and their nature, to be brought back at the next Council meeting on February 19, 1985. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Nave seconded, to approve the recommended action on the following consent calendar items: Item 3. Change in Meeting Date to Tuesday, February 19, 1985 Due to Presidents' Day Holiday on Monday, February 18, 1985 (CC) - File 9-1 4. Resolution Authorizing Execution of Grant Deed for Lot Line Adjust- ment 21PM88 (SMITH RANCH ROAD) (PW) - File 2-1-74 5. Approval of Subdivision Final Map - Project "S" (Brent Dickens' Property) (PW) - File 5-1-294 Recommended Action Approved staff recommend- ation. RESOLUTION NO. 7018 - AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A GRANT DEED BETWEEN THE CITY AND MEDICAL RETIRE- MENT COMMUNITIES, INC. RESOLUTION NO. 7019 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "PROJECT 'S "' SRCC MINUTES (Regular) 2/4/85 Page 1 IU- SRCC MINUTES k.. lar) 2/4/85 Page 2 6. Resolution of Appreciation for RESOLUTION NO. 7020 - George Gerth, Traffic Engineer RESOLUTION OF APPRECIATION (PW) - File 102 x 9-3-40 TO GEORGE E. GERTH (Who served as Traffic Engineer for the City of San Rafael for Ten Years) 8. Adoption of Resolution Amending Resolution of Intention No. 6447 - Kerner Boulevard Assessment District, to Provide for Alter- native Method of Payment of Assessments (PW) - File 6-35 12. Addendum to Vehicle Replacement List (CM) - File 9-3-80 13. Claims for Damages: a. b. c. AYES: NOES: ABSENT: Bonnie Cooke Adams, Claim No. 3-1-925 (PW) Leonard Appiano, Claim No. 3-1-942 (PW) RESOLUTION NO. 7021 - AMENDING RESOLUTION OF INTENTION NO. 6447 - KERNER BOULEVARD ASSESSMENT DISTRICT Approved staff recommenda- tion that staff be auth- orized to bid on vehicles on the Addendum to the Vehicle Replacement List, FY 1984/85; staff to report back to Council for the award of bids prior to purchase. Approved Insurance Con- sulting Associates, Inc. recommendations for denial of claims. American Motorist Ins. Co. ( Insured, Dr. Wm. Shekter), Claim No. 3-1-944 (PW) COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan COUNCILMEMBERS: None COUNCILMEMBERS: None 2. APPROVAL OF MINUTES OF REGULAR MEETING OF JANUARY 21, 1985 (CC) - File 1-4 Councilmember Breiner requested that the following amendments be made: Page 3, Item 9 - change words "this clarified" to "verifi- cation that this practice be continued"; Page 3, Item 14, 1st para- graph, change "for non -patient transports" to "to United for non - transport ambulance calls". Councilmember Breiner moved and Councilmember Nave seconded, to approve Minutes of regular meeting of January 21, 1985, as amended. AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Frugoli (due to absence from meeting) 7. RENEWAL OF TELEPHONE MAINTENANCE CONTRACT WITH COMPATH (CM) - File 4-3-88 Councilmember Frugoli asked why this item had not gone through the bidding process, as the contract was over $5,000. City Manager Beyer indicated that staff did speak with other vendors, but presently, Compath was the only firm within the area that could service the system in the City. It is anticipated that next year there will be some competition for the maintenance service. Councilmember Frugoli asked that the bidding process be used in the future when a contract is over $5,000. SRCC MINUTES (Regular) 2/4/85 Page 2 SRCC MINUTES � alar) 2/4/85 Page 3 RESOLUTION NO. 7022 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT - RENEWAL OF THE TELEPHONE MAINTENANCE CONTRACT WITH COMPATH NATIONAL (Maintenance Service Agreement for a period of one year commencing December 21, 1984 at $7,272 per year) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. RENEWAL OF CONTRACT WITH DATACOM SYSTEMS, INC. RE PROCESSING OF OUT- OF-STATE PARKING CITATIONS (Fin) - File 4-3-98 Councilmember Frugoli asked Finance Director Coleman what amount of money is collected yearly from Datacom for out-of-state parking citations, and Mr. Coleman replied the average per month is approxi- mately $200. RESOLUTION NO. 7023 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH DATACOM SYSTEMS CORPORATION TO COLLECT OUT- OF-STATE PARKING CITATIONS (For one (1) year, commencing 2/4/85 thru 2/3/86) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. ADOPTION OF RESOLUTION RESCINDING RESOLUTION NO. 5737 WHICH ESTABLISHED THE MOBILE HOME PARK ADVISORY COMMITTEE (CM) - File 9-2-29 Councilmember Russom wanted to be certain that members of the Mobile Home Park Advisory Committee and the Citizens Advisory Committee on Energy had been acknowledged by letters of the action taken on these two committees. City Manager Beyer assured Council that this had been done. RESOLUTION NO. 7024 - RESOLUTION RESCINDING RESOLUTION NO. 5737 DIS- BANDING THE SAN RAFAEL MOBILE HOME ADVISORY COMMITTEE AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. RESOLUTION DISBANDING THE CITIZENS ADVISORY COMMITTEE ON ENERGY (CM) - File 9-2-34 RESOLUTION NO. 7025 - RESOLUTION DISBANDING THE CITIZENS ADVISORY COMMITTEE ON ENERGY AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14a.PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS RE�UIRE MENTS - 2200 FOURTH STREET (GOLD NUGGET RESTAURANT) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Director of Public Works Bernardi reported that the applicant proposed to remodel the Gold Nugget Restaurant, and the work would consist of enclosing an existing covered open -sided area outside of the restaur- ant area to provide a waiting area out of the weather for the res- taurant's patrons. Estimated cost of the work is approximately $15,000, and the accessibility requirements for the restrooms would add an additional $9,500. Upon contacting the Marin Center for Independent Living, their representative feels that the access improvements are not warranted at this time. Mayor Mulryan closed the public hearing. SRCC MINUTES (Regular) 2/4/85 Page 3 S RCC MINUTES lar) 2/4/85 Page 4 Councilmember Breiner moved and Councilmember Nave seconded, to direct staff to prepare Resolution with Findings and bring said Resolution back for adoption at the meeting of February 19, 1985. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14c.PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 30 GOLDEN GATE DRIVE, SUITE 5 - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi reported that the applicant, Mr. Christopher Desmond, proposed to have tenant improvements done to create a photographer's studio for his own use. His budget is $10,000, and improvements to provide accessible toilet room and ramp would cost an additional $6,000, creating a hardship. Mr. Vernon Cox, of the Marin Center for Independent Living, had been contacted and stated that the access appeal is valid. Mayor Mulryan closed the public hearing. Councilmember Nave moved and Councilmember Frugoli seconded, to direct staff to prepare Resolution with Findings and bring said Resolution back for adoption at the meeting of February 19, 1985. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14d.PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 1119 FOURTH 61'hhhT - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi reported that the applicant, Mr. Mark N. Thompson, proposed to remodel a storefront into a takeout res- taurant. His budget for this project is $26,000 and access require- ments for an accessible toilet room and entry would be approximately $15,000 - $20,000. Mr. Thompson proposes to make the entry acces- sible, but is requesting an exemption for the toilet room. Mr. Vernon Cox, of the Marin Center for Independent Living, stated that an exemption for an accessible toilet room could be granted, but that an effort should be made to correct the entry. Councilmember Russom asked if the entry access was to come before the Council for a waiver at a later date, or if this applied only to restrooms, and Mr. Bernardi explained that access to the business is required under State law. Originally, Mr. Thompson requested that this provision be waived also because structural modifications to the entryway would be needed. Mayor Mulryan closed the public hearing. Councilmember Nave moved and Councilmember Russom seconded to grant the appeal and directed staff to prepare Resolution with Findings and bring said Resolution back for adoption at the next meeting of February 19, 1985. Provision for accessible restrooms and entry waived but an effort to correct entry is to be studied further. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14e.PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 842 FOURTH STREET - THE NEW GEORGE'S SALOON - File 13-1-1 Mayor Mulryan opened the public hearing. SRCC MINUTES (Regular) 2/4/85 Page 4 SRCC MINUTES lar) 2/4/85 Page 5 Public Works Director Bernardi reported that the applicants, Messrs. Tom Hutt and Don Swartz proposed to remodel by adding an 18" platform for live music. The cost of the stage is $1,500 and access to that stage would be between $1,500 and access to that stage would be between $1,500 for ramp and $4,000 for a lift. In contacting the Marin Center for Independent Living, they stated that access to the stage could be waived. Mayor Mulryan declared the public hearing closed. Councilmember Frugoli moved and Councilmember Breiner seconded to waive the access requirement for the $1,500 stage and directed staff to prepare Resolution of Findings and bring said Resolution back for adoption at the next meeting of February 19, 1985. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14b.PUBLIC HEARING - APPEAL OF BUILDING CODE SECTION 504 - RE: 25 DODIE STREET; JOHN MEYER, APPELLANT - File 9-3-40 x 1-6-1 Mayor Mulryan opened the public hearing. Public Works Director Bernardi pointed out to Council as a matter of information, that the last four items regarding Handicapped Access Appeals represent one-half percent of all permits issued by the Public Works Department in one month, and that 99% have met the handicapped requirements. Mr. Bernardi continued that the item is an appeal of Building Code Section 504. Mr. John Meyer, the owner, has leased his building to two new tenants, necessitating an additional exit be provided. Mr. Meyer wants to place the doorway on a common property line with the adjacent parcel of land, prohibited by Section 504 of the Uniform Building Code. Mayor Mulryan closed the public hearing. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the staff's recommendation as follows: 1. A two-hour fire door which closes automatically shall be installed. 2. The opening is approved only for the duration of the current uses and tenants shall be reviewed for appropriateness upon termination of the use by the existing tenants. 3. Documentation shall be submitted by the respective property owners stating that they have no objection to the opening. 4. Staff prepare Resolution of Findings and bring said Resolution back for adoption at the next meeting of February 19, 1985. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PUBLIC HEARING - NUISANCE ABATEMENT - COST FOR CANALWAYS' LEVEE REPAIR (PW) - File 13-9 x 5-1-288 Mayor Mulryan declared the public hearing opened. At the request of City Attorney Ragghianti, City Clerk Leoncini administered oath to Public Works Director Bernardi for testimony on this item. Mr. Bernardi then stated that on January 26, 1983 during a severe storm, erosion to the outer face of a private levee on property on East San Rafael owned by Mr. James Bledsoe/Canalways occurred. City's action was prompted because the owner could not be reached at that time and the levee was rapidly deteriorating. Had the levee failed, significant property damage and liability due to flooding and SRCC MINUTES (Regular) 2/4/85 Page 5 SRCC MINUTES - lar) 2/4/85 Page 6 inundation of bay waters in the East San Rafael area would have happened. It was estimated that 400 to 500 acres could have been affected, including portions of Highway 17, Andersen Drive, Bellam Boulevard and Francisco Boulevard. Ghilotti Bros., Inc. was called in to make the repairs on January 26, 1983, at a cost of $23,248.36. The property owner's representative was notified on the same date, and staff has met with the owner at different times with the intent of securing reimbursement for the City's cost to repair his levee. In addition, the property owner has been invoiced on a monthly basis in the amount of $23,248.36. Since a proposed development plan for the property was pending before the City, and staff had conditioned any approval of said plan with the stipulation the City be reimbursed for the levee repair, staff did not actively pursue recovery by means of the nuisance abatement process. Recent action by the City in denying the proposed development along with the fact that the pro- perty may be changing hands, now requires that staff consider prompt, positive action to recover those funds due to the City. Mayor Mulryan asked Mr. Bernardi what the basic dispute is, and Mr. Bernardi replied basically, Mr. Bledsoe owes the City $23,000 for work performed on his property. Staff believes that Mr. Bledsoe feels that because of the East San Rafael Drainage Assessment Dis- trict No. 1 proceedings, that the levees are owned by the City and should be maintained by the City. The District Bond Counsel, Mr. Ed Ness, has indicated that the levees are privately owned because the improvement work specified under the Assessment District proceedings was never constructed. The property owners at that time requested that Council not sell bonds for the levee improvements until such time as their property was to come before the Council for develop- ment, and Council agreed. Mr. James Bledsoe stated that on February 2, 1983, he requested from David Gold, the attorney for the previous trust that owned the property, to let him know in writing why this property would be his responsibility as far as repairs were concerned. A copy of Reso- lution of Intention No. 3998 was sent to Mr. Bledsoe, stating that it is the responsibility of the City of San Rafael to maintain that particular levee. (Mr. Bledsoe submitted a copy of the Resolution along with a copy of Attorney David Gold's cover letter.) Mr. Bledsoe contends that the Resolution indicates to him that it is not his responsibility to bear the expense of the repair to the levee. Mr. Bernardi stated that the Resolution Mr. Bledsoe referred to is the Resolution from the property owners to the City Council request- ing the formation of the district. One of the items of construction of the assessment district was the improvement of the levees. Subsequent to the receipt and the adoption of the Resolution by the Council during the Assessment District proceedings, (Mr. Bernardi referred to Mr. Ness's 1983 letter), "the property owner and the City agreed that no bonds for the levee improvements would be sold even though the original petition included levee improvements". Also, "an assessment was levied to perform all of the work and to acquire all of the property required for public improvements. That assessment included $300,000 for the construction of the levee. Bonds were issued to cover all costs for all of the construction and acquisition items in the Assessment District plus the payment of incidental expenses with the exception of the amount necessary to construct the levee, and to fund the incidental expenses. The City has never invoked the provision for the construction of the levee, and therefore it has not been constructed with public funds derived through the Assessment District proceedings. The City has never accepted the levee since it has not been constructed. The mainten- ance of the levee therefore, remains the obligation of the property owners" . Mayor Mulryan asked Mr. Bledsoe if he had a copy of the letter, and Mr. Bledsoe replied he did not. Mr. Bernardi stated he sent the letter on September 29, 1983 to Mr. Bledsoe. Mr. Bledsoe asked for a continuance so this could be investigated more thoroughly with Mr. Ness and his attorney. SRCC MINUTES (Regular) 2/4/85 Page 6 SRCC MINUTES i_.a,alar) 2/4/85 Page 7 Mayor Mulryan asked City Attorney Ragghianti if there would be any procedural problems, and Mr. Ragghianti replied that if there was a problem, it would be recording the lien after the transfer of the property to a purchaser. The lien must be recorded before the property is transferred in order to protect the City's interest. If there is a misunderstanding after the lien is recorded, it could be released. Mr. Ragghianti did not suggest that Council continue this, but stated that it is possible to release the lien if the information Mr. Bledsoe has is sufficient to convince Council that they are wrong and Mr. Ness also is wrong. City Attorney Ragghianti indicated that the Resolution recites that at the conclusion of the hearing Council would confirm the report indicating that $23,248.26 owed to the City of San Rafael for the work done on an emergency basis was a public nuisance. The Resolu- tion prepared authorizes that this constitutes a special assessment against the property involved, and authorizes the City to record a Notice of Lien document with the County Recorder so that it is of record at the time the property is transferred. The Resolution concludes that after the Notice of Lien is prepared and is recorded, a certified copy of the decision made tonight will be sent to the tax division of the County so it may be added to the assessments and taxes on the next regular tax bills. It was also pointed out by Mr. Ragghianti that this lien can be lifted if the owner of the property convinces the City that the City's previously adopted position is wrong. Mayor Mulryan closed the public hearing. Councilmember Frugoli moved and Councilmember Nave seconded, to adopt the Resolution declaring existence of a public nuisance under emer- gency conditions and confirming report of record of cost for summary abatement for emergency levee repair on Canalways property, Asses- sor's Parcel 9-010-22. If unfounded, Mr. James Bledsoe, owner of the property, may come back to Council to request removal of the lien. RESOLUTION NO. 7026 - RESOLUTION DECLARING EXISTENCE OF PUBLIC NUISANCE UNDER EMERGENCY CONDITIONS AND CON- FIRMING REPORT OF RECORD OF COST FOR SUMMARY ABATEMENT FOR EMERGENCY LEVEE REPAIR ON CANALWAYS PROPERTY, ASSESSOR'S PARCEL NO. 9-010-22 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. PUBLIC HEARING - REZONING AND REVISED BMR AGREEMENT: Z82 -18(b) - CENTERTOWN - 63 UNIT SENIOR CITIZEN CONDOMINIUM COMPLEX; 1301 THIRD STREET; U.F. SERVICE CORP., OWNER; GERALD K. BEVILACQUA, REP.; AP 11-254-18 (P1) - File 5-1-286 x 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore reported that in November 1983, Council approved the 95 unit Centertown Senior Condominium project. After approval, construction commenced. However, after a marketing analysis was done in May 1984, which showed poor market acceptance of the small senior ownership units, the applicant requested a reduction in the total number of units within the approved building. The proposed revisions involve interior modifications only, reducing the project from 95 studios to 63 studios, one bedroom and two bedroom units. The revision would involve rezoning the Use Permit tentative and final subdivision map amendments along with the change to the existing Below Market Rate Agreement. The revised agreement would provide five below market rate units with lower sales prices than under the previously negotiated agreement approved by the City Council. Planning Commission requested additional information on adequacy of parking and the market ability to a seniors only group for even the larger units. Information was submitted by the appli- cant in November. The parking information concludes, and staff concurs that the parking ratio, even though less than one parking space per dwelling unit, would be sufficient for the proposed pro- ject. It should be noted that parking would be adequate only because it is a senior project. SRCC MINUTES (Regular) 2/4/85 Page 7 SRCC MINUTES k�..E lar) 2/4/85 Page 8 The revised 63 unit project would have greater market acceptance than the approved 95 unit project due to the larger size and mixed units and improved parking ratio. Units are slated to sell from $69,500 to $149,500. If the project does not successfully sell to seniors, the applicants, as a last resort, would rent the project to seniors. Councilmember Breiner asked Ms. Moore if anyone could buy these units having no age barrier. Ms. Moore stated that anyone can buy the units; however, not anyone can occupy them, only senior citizens. Councilmember Russom asked Ms. Moore that if the condominiums did not sell as a senior project, and the alternative would be that the project would be rezoned and the City required additional off-site parking, if this would be feasible. Ms. Moore replied it would be difficult. Staff and the Planning Commission have been concerned about the marketability of this project in the event it would not be a viable senior project. It is expected that the property developer -owner would have a difficult time to provide additional parking. Mayor Mulryan indicated that this would be putting the proposers on notice that if a rezoning was ever sought additional parking would be a condition, as difficult as it might be. Councilmember Breiner urged the Council to include a policy statement that, if there should be a request later from the developers for a rezoning, the Council would possibly require a combination of units in an effort to cut down the total number of units which may affect parking. Mayor Mulryan added that Council would have input on where parking is allowable. Councilmember Frugoli included that Council is to have the flexibility to raise the density to its original status on parking should it be necessary to rezone. John Wallace, representative of Carpenters Union Local 35 and the Building Trades, spoke on the project regarding the marketability, the size of the units, and the inadequate parking including parking for the handicapped. Two concerns they have are: 1) the owner stated that they would retain title to rent unsold units, which they question because of outstanding bills and mechanics liens totaling in excess of $100,000. 2) The contractor's ability to complete the job satisfactorily within the standards of the UBC and the Ordinances of the City of San Rafael given their penchant for sub -standard work for sub -standard pay. Mr. Wallace recommended that Council return this proposal to staff for modification of parking by the owner to meet the minimal standards that will assure the prospective homeowner a chance for resale, and that the five low-cost units be assured a parking space. Mayor Mulryan closed the public hearing. RESOLUTION NO. 7027 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR REZONING OF PROPERTY AT 1301 THIRD STREET, KNOWN AS CENTERTOWN AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (1301 Third Street, "Centertown") Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1498 to print by the following vote, to wit: SRCC MINUTES (Regular) 2/4/85 Page 8 SRCC MINUTES • ilar) 2/4/85 Page 9 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7028 - RESOLUTION AUTHORIZING THE SIGNING OF A JOINT POWERS AGREEMENT WITH MARIN COUNTY HOUSING AUTHORITY REGARDING BELOW MARKET RATE UNITS AT CENTERTOWN AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Russom seconded, to direct Public Works' staff to implement Final Map Changes. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Frugoli left meeting) 17. PUBLIC HEARING - REZONING: Z84-10 - ZONE CHANGE FROM R-2 TO C-1 DISTRICT FOR WESTERN BOAT SHOP AND BARBARY COAST YACHTS; 101 THIRD STREET; DUANE B. & HELENE FREDERICK, OWNERS & REPS.; AP 14-161-20 (P1) - File 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore reported that what is proposed is to have a C-1 Restricted Commercial District between the R-2 Duplex Residential Zoning to the East and the C-2 General Commercial District to the West. In January, Planning Commission approved a use permit for the Western Boat Shop and Barbary Coast Yachts at 101 Third Street. This rezoning would bring the existing businesses into conformance with the Zoning Ordinance. Mayor Mulryan closed the public hearing. RESOLUTION NO. 7029 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR REZONING OF PROPERTY AT 101 THIRD STREET AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R-2 (DUPLEX RESIDENTIAL) DISTRICT TO C-1 (RESTRICTED COMMERCIAL) DISTRICT (101 Third Street)" Councilmember Russom moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1499 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 18. GREATER EAST SAN RAFAEL TRAFFIC ANALYSIS: REPORT ON PUBLIC COMMENTS AND PnhbtN•r FUNDING STATUS (PL) - File 11-13 x 4-3-119 x 11-16 x 171 Planning Director Moore reported that this was a followup to the Council's November consideration of the Greater East San Rafael Traffic Analysis report when staff was directed to circulate the report for review and comment and to continue work on State and Federal funding options for improvements projects. Several alter- native improvements to the Irene Street undercrossing were proposed. Staff has concluded that an Irene overcrossing, while accomplishing a SRCC MINUTES (Regular) 2/4/85 Page 9 SRCC MINUTES , . lar) 2/4/85 Page 10 connection, could be less expensive than the undercrossing originally proposed by staff and consultant. A letter was received from C. Tolomei & Company, new owners of the Andersen Drive Business Park, where Viacom intends to build their new service center. Mr. Tolomei raises a concern with the Irene Street overcrossing in that signi- ficant right-of-way take would be necessary, and may adversely affect potential development of his property. Ms. Moore suggested to Council that there is a need for additional staff work to identify the properties where the improvements will involve right-of-way takes. Staff must clearly identify all of the properties that could be affected and provide a forum for those interested property owners to review those plans and schedule them for additional Council review. Ms. Moore continued to state that in a related manner, the Calif- ornia Transportation Commission directed CalTrans last year to prepare a special study for Highway 101, Interstate 580 (formerly designated Highway 17) interchange for future improvements and funding options. This report will be submitted to the California Transportation Commission in the middle of March. CalTrans will present their findings and draft version of that report to staff tomorrow. Until the report is reviewed, staff cannot inform Council what the formal response of CalTrans' staff will be to some of the improvements staff have been studying. Council also directed staff to provide additional analysis for formation of an assessment dis- trict - financing for some of the needed transportation improvements in the neighborhood. Staff is conducting an in depth survey of selected property owners of existing developed properties in East San Rafael to judge their response to a proposed assessment district. Staff will be able to report back to Council within a few weeks in more detail. Ms. Moore also indicated that at the end of last week, there was a meeting held with representatives of CalTrans, Golden Gate Bridge District, County of Marin, City of San Rafael and City of Larkspur to discuss the potential for short term use of railroad right-of-way between Bellam and Larkspur Landing. There is interest to see if there are some short range ways that right-of-way could be used to provide some relief to the congestion in the morning and afternoon on Highway 101 and in the Calpox fill area. (Councilmember Frugoli returned to meeting) Councilmember Nave stated re funding - that existing businesses, neighborhood groups, new residences, everyone in the tributary traffic area are making many suggestions and demands, but no one wants to pay for improvements and everyone should pay for them; and he asked that the assessment district be diligently pursued, because the new undeveloped properties did not cause the entire problem and should not have to pay for it all. Councilmember Breiner asked that when the workshop meeting is held on West Francisco, that staff report what they might have at that time. Councilmember Frugoli asked Ms. Moore when the neighborhood plan would be completed and Ms. Moore replied that a draft plan will be submitted in early April. Mr. Frugoli brought up the issue where two large projects were denied because they were deemed "prejudicial" to the neighborhood plan, and stated it seems that a "ghost type mora- torium" exists. Mr. Larry Tolomei, who recently purchased the Andersen Drive Business Park in December, reiterated Ms. Moore's comments, and stated that he has received two sketches of the proposed Irene Street overcrossing and both sketches are detrimental to his project - one takes one- third of the proposed Viacom site. He asked Council and staff to explore other alternatives for the overcrossing. Ms. Valerie Castalano, Manager with Viacom Cablevision, spoke con- cerning the proposed overcrossing, indicating that they are on an expedited timetable to relocate into their new facility by November 4th, and any slow down or change will create an environment where Viacom will not be able to move forward. SRCC MINUTES (Regular) 2/4/85 Page 10 SRCC MINUTES k�t(=ti,ular) 2/4/85 Page 11 Council accepted staff recommendations on report on Public Comments and Present Status Funding and directed staff to revise the Trans- portation Improvement Program as recommended, without motion. 19. CONSIDERATION OF AMENDMENT TO UNIFORM FIRE CODE ORDINANCE RE INSTALLATION OF WIRED SMOKE DETECTORS IN HOTEL ROOMS (FD) - File 1-6-4 City Manager Beyer reported that the Ordinance presented was in draft form and incorporates the elements Council had discussed at the previous meeting. If this is acceptable, it will be scheduled for public hearing at the March 4, 1985 meeting. Councilmember Breiner requested addition to Section 10.307(G) - 3rd paragraph, insert #5, "alarm signaling devices shall be clearly audible in all rooms when all intervening doors are closed". Councilmember Breiner moved and Councilmember Frugoli seconded, to approve wording as amended and set a public hearing on the Wired Smoke Detector Ordinance in Hotel Rooms for March 4, 1985. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. RESOLUTION ESTABLISHING PROCEDURES AND REgUIREMENTS FOR IMPLEMENTING OCCUPANCY PERMIT REQUIREMENTS OF THE UNIFORM BUILDING CODE (FD) - File 1-6-1 x 9-3-40 x 10-2 City Manager Beyer reported that this was the result of a coordinated effort by Chief Marcucci working with Public Works and Planning Departments to tie the procedures together for review of a project prior to final inspection. What is proposed is taking the Occupancy Permit procedure in the Uniform Building Code and creating an admin- istrative procedure to be adopted by Council by Resolution, that insures that all departments have made a final inspection and that a permanent record will be kept of those inspections in each department. A five part form and the process will be submitted to Council for review. Councilmember Nave suggested that all inspections be coordinated and made in a timely manner and that someone be designated to be avail- able at all times to be able to make the inspections. Councilmember Breiner asked that on the "Application for Certificate of Use and Occupancy", middle of page, that the words "Toilet Room Handicapped Accessible" include "Are the Entry and Toilet Room Handicapped Accessible?" RESOLUTION NO. 7030 - RESOLUTION ESTABLISHING AN ADMINISTRATIVE PROCEDURE IMPLEMENTING THE OCCUPANCY PERMIT REQUIREMENTS OF THE UNIFORM BUILDING CODE AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. CONSIDERATION OF PROPOSED ORDINANCE REPEALING ORDINANCE NO. 1180, PERTAINING TO THE CREATION AND DUTIES OF THE POLICE ADVISORY COMMISSION (CM) - File 9-2-28 City Manager Beyer stated that when the Police Advisory Commission was created, it was done by Ordinance and must, therefore, be rescinded in the same manner. Councilmember Frugoli stated that since he was not at the last meet- ing, he wanted Council to know that his vote would have been to keep the Commission. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING SECTIONS 2.16.300 THROUGH 2.16.380 OF THE SAN RAFAEL MUNICIPAL CODE (POLICE ADVISORY COMMISSION)" SRCC MINUTES (Regular) 2/4/85 Page 11 SRCC MINUTES agular) 2/4/85 Page 12 Councilmember Nave moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1500 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None 22. CONCEPTUAL APPROVAL OF CITY PARTICIPATION IN JOINT PROGRAM WITH BUSINESS IMPROVEMENT DISTRICT (BID) AND SAN RAFAEL CHAMBER OF COMMERCE FOR ENHANCING THE DOWNTOWN (CM) - File 183 x 4-6 City Manager Beyer stated that Council had accepted a report from the Downtown Ad Hoc Retail Committee last year who looked at the Downtown area and submitted 13 recommendations, one of which was, "Retain an agency, firm, or individual to promote downtown San Rafael for quality retail development and act as an information clearinghouse." $7,500 was set aside from budget to assist in implementing this project. This concept has been discussed with several people and Ms. Pandora Nash-Karner submitted a proposal at a cost of $6,000 per month, as follows: 1) Continuing work by the City and Redevelopment Agency in defining downtown San Rafael, i.e., parking, beautifi- cation, freeway access, and traffic engineering; 2) Promotion and public relations; 3) Economic development in relation to mixed use and attracting the right type of businesses downtown; and 4) Business education, which includes merchandising, marketing, etc. Mr. Beyer indicated that the Chamber of Commerce has reviewed this package and supports it conceptually, with timing being important; should there be an effort downtown, it should be before November of this year. Councilmember Breiner added that when staff meets with BID, that the subject of validated parking be discussed. Councilmember Nave stated that the program is timely but expensive, but that there are various areas that the City will not be involved with financially, so this would change the figure of $6,000 per month. Mr. Beyer explained that while the $6,000 was the cost of production, some would be paid back from actual newspaper advertising. The key is to have someone do some work on what is necessary. Councilmember Russom agreed with the concept and that the four points related by Mr. Beyer were good points, but felt the key first step with the Chamber of Commerce and BID is to set basic objectives of what is to be accomplished. After further discussion, Councilmember Breiner moved and Council - member Nave seconded, to direct staff to work with the Chamber of Commerce and the Business Improvement District on - a) defining downtown San Rafael, i.e., on parking, beautification, freeway access, traffic engineering; b) promotion and public relations; c) economic development re mixed use, attracting right businesses downtown and d) business education including merchandising, market- ing, etc. and inquire re validated parking. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. PROPOSED BUDGET MODIFICATIONS - 1984/85 BUDGET (CM) - File 8-5 City Manager Beyer reported that at the time the budget was adopted, the State was in the process of working on local financing and there was a possibility that the City would be receiving its full share of motor vehicle in -lieu fees estimated at $720,000 The City has now received those funds. Amendments to the budget are being submitted that reflect potential use for some of the funds during this fiscal year. In addition, Council has taken action since the budget was adopted on additional projects and programs outlined in the report, totaling $513,288 from the General Fund. Council designated that $333,888 should come from the reserves. The balance would come from the additional revenue, about $179,400. We propose an amendment to the budget totaling $966,288 reflecting previous actions taken by the Council plus additional requests totaling $347,000. SRCC MINUTES (Regular) 2/4/85 Page 12 SRCC MINUTES lar) 2/4/85 Page 13 RESOLUTION NO. 7031 - RESOLUTION AMENDING THE 1984/85 BUDGET AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. CONSIDERATION OF PURCHASE OF RADIO SYSTEMS FOR POLICE, FIRE AND PUBLIC WORKS (CM) - File 4-2-193 Assistant City Manager Nicolai reported that over the past several years, various issues have arisen concerning the Police, Fire and Public Works radio systems, involving not only the annual equipment replacement but, also, the broader scope of effectiveness of the overall systems in providing services needed. Concerns were relayed to the Council following the storms of 1982 on the dependence on land wires, the "dead spots" and the lack of interdepartmental communi- cations between Police, Fire and Public Works in emergency situ- ations. Staff thought it was wise to have an independent analysis of the three systems prior to expending any funds, to assess the present and future adequacy of the three networks, recommend modifications and to address the issue of redundancy in the systems which would be critical in an emergency situation. Mr. Dan Dufficy, of Marin Pacific Company, Inc., has included a comprehensive overview of the history of each system as well as specific recommendations. The City has $15,000 in revenue sharing and an additional $80,000 is being requested. Councilmember Breiner moved and Councilmember Russom seconded, to approve staff recommendation authorizing 1) the expenditure of $80,000 (plus $15,000 Revenue Sharing) for recommended improvements and equipment acquisition for the Police/Fire/Public Works communi- cation systems; 2) $20,000 from the Public Facility Maintenance Fund for modifications to the facility on San Rafael Hill; 3) the use of a technical authority to develop specifications for the equipment needed; 4) sole source purchase when required for system compatibility. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. SUN VALLEY OPEN SPACE - OPTION TO PURCHASE AGREEMENT BETWEEN OWENS MORTGAGE COMPANYIMARIN COUNTY OPEN SPACE DISTRICT/CITY OF SAN RAFAEL FOR OWENS MORTGA E COMPANY PROPERTY (AP 10-011-18 and 10-041-42) (CM) - File 4-13-69 x 13-14-1 City Manager Beyer reported that this option to purchase agreement is for 9.02 acres at a value of $170,000. The option is for $1.00 and is good through December 31, 1985, and the City has no obligation until the Assessment District is formed. He indicated that two meetings have been held on the formation of the Assessment District which Councilmember Nave attended. RESOLUTION NO 7032 - AUTHORIZING THE SIGNING OF AN OPTION TO PURCHASE AGREEMENT BETWEEN OWENS MORTGAGE COMPANY AND THE MARIN COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL (FOR OWENS MORTGAGE COMPANY PROPERTY - (AP 10-011-18 and 10-041-42) (Shall extend through to and expire 12/31/85) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Council adjourned to continuation of Closed Session. JEA OANIa\�Citylerk, APPROVED THIS DAY OF , 1985 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 2/4/85 Page 13