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HomeMy WebLinkAboutCC Minutes 1985-05-06SRCC MINUTES (Regular) 5/6/85 Page 1 In the Conference Room 201 of the City of San Rafael, Monday, May 6, 1985 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1-4-1.a. No. 85-12, Item #2. No action taken. In the Council Chambers of the City of San Rafael, Monday, May 6, 1985 at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Dorothy L. Breiner, Councilmember (arrived at 8:30 PM) Absent: None Also Present: Pamela J. Nicolai, Acting City Manager; Jeanne M. Leoncini, City Clerk; Gary T. Ragghianti, City Attorney CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Nave seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action 2. Approval of Minutes of Regular Approved as submitted. Meeting of April 1, 1985, and Special Meeting of April 8, 1985. (CC) 3. Approval of Subdivision Final RESOLUTION NO. 7087 - RESOLUTION Map - Grove Hill (PW) APPROVING FINAL MAP OF SUBDIVISION File 5-1-269 ENTITLED "GROVE HILL" 4. Bid Opening and Award of RESOLUTION NO. 7088 - RESOLUTION Contract - Riding Turf Mower AUTHORIZING THE PURCHASE OF ONE (1) (CM) - File 4-2-196 RIDING TURFMOWER UTILIZING EQUIPMENT REPLACEMENT FUNDS (t0 H.V. Carter Co., lowest responsible bidder, in the amount of $9,540.00). 5. Approval of Parcel Map - Lands of Knoles (PW) - File 5-6-2 x 2-4 6. Approval of Subdivision Final Map - Peacock Manor (Former School District Property) (PW) - File 5-1-293 RESOLUTION NO. 7089 - RESOLUTION APPROVING PARCEL MAP LOT CONSOLIDATION, LANDS OF KNOLES (End of Mitchell Boulevard) RESOLUTION NO. 7090 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "PEACOCK MANOR" 7. Bid Opening and Award of RESOLUTION NO. 7091 - RESOLUTION Contract - Drainage Improve- OF AWARD OF CONTRACT FOR DRAINAGE ments Vicinity of Bellam IMPROVEMENTS VICINITY OF BELLAM Boulevard and Andersen Drive BOULEVARD AND ANDERSEN DRIVE PROJECT (PW) - File 4-1-375 NO. 19-19908000854 (To Ghilotti Bros., Inc., low bidder, in amount of $18,000) 9. Report on Annual Filings - Fair Political Practices Commission Forms 730, State- ments of Economic Interests for Designated Employees, Including Consultants (CC) - File 9-4-3 Accepted staff report. SRCC MINUTES (Regular) 5/6/85 Page 1 SRCC MINUTES (Regular) 5/6/85 Page 2 10. Bid Opening & Award of RESOLUTION NO. 7092 - RESOLUTION Contract - Underground Gas, AWARDING CONTRACT - KERNER BOULEVARD Electric and Telephone ASSESSMENT DISTRICT (To Community Facilities - Kerner Boulevard Electric Co., low bidder, in amount of Assessment District (PW) - $382,500) File 6-35 12. Award of Contract - 8 Law RESOLUTION NO. 7093 - RESOLUTION Enforcement - 4 -Door Sedans AUTHORIZING THE PURCHASE OF EIGHT (8) (CM) - File 4-2-197 LAW ENFORCEMENT 4 -DOOR SEDANS UTILIZ- ING EQUIPMENT REPLACEMENT FUNDS (From State Department of General Services Office of Procurement - Total Expenditure - $87,092.19) 13. Resolution of Appreciation for Clarice Kraemer, Library Board Member (Lib) - File 102 x 9-2-3 14. Claims for Damages: [MP 11. a. Judith Jedeikin - File 3-1-967 (PW) b. Walter Caswell - File 3-1-968 (PD) C. John Gray - File 3-1-975 (PW) RESOLUTION NO. 7094 - RESOLUTION OF APPRECIATION FOR CLARICE KRAEMER, (For Ten Years as a Member of the Library Board of Trustees) Approved Insurance Consulting Associates, Inc. recommendations for denial of claims. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner ABSTAINED: COUNCILMEMBERS: Russom (from Minutes of April 1, 1985 only due to absence). DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT REVIEW OF SAN RAFAEL'S ADOPTED HOUSING ELEMENT (Pl) - File 115 Mayor Mulryan acknowledged publicly, a letter from the State, complimenting the Planning Staff for a thorough job, and praising Jeff Baird for the excellent work he did on this project, and stated that a letter would be forthcoming from the Council thanking Mr. Baird. Council accepted report, without motion. AUTHORIZATION TO CALL FOR BIDS - HILLSIDE AVENUE OPEN SPACE SLIDE REPAIRS (PW) - File 4-1-384 x 13-14-1 Councilmember Russom voiced his concern regarding the estimated $250,000 repair cost for the slide repair from the Open Space Bond Funds, and asked what the present balance was and how the expenditure would affect the remaining balance. Acting City Manager Nicolai stated that there presently is approximately $835,000 in the Open Space Fund; that $250,000 is allocated for the Hillside repair, that $231,000 is committed for the Sun Valley Open Space District with another $83,000 for shoreline, leaving an unallocated balance of $271,000 in the open space fund. Ms. Nicolai referred to the time the report first went to Council in November, 1983, it was estimated then that the repairs would cost approximately $150,000. It is now estimated to cost $250,000. Mayor Mulryan inquired if there is another avenue to draw funds for this project, and Ms. Nicolai indicated that there are reserve funds with some revenue sharing available. However, the problem with reserve and revenue sharing is, that there is more flexibility in using this money, and that the Open Space Funds are limited to acquisitions of open space. SRCC MINUTES (Regular) 5/6/85 Page 2 SRCC MINUTES (Regular) 5/6/85 Page 3 After a brief discussion, Council agreed that staff should investigate alternative funding sources to preserve use of the Open Space Funds if possible, and report back to Council at a later meeting. Public Works Director Bernardi indicated to Council that staff would prefer authorization to call for bids at this meeting so the process could continue while staff reviews other funding alternatives. Councilmember Nave moved and Councilmember Frugoli seconded, to authorize staff to call for bids for Hillside Avenue Open Space Slide Repairs. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner SPECIAL PRESENTATION 15. 16. 17. PRESENTATION OF RESOLUTION OF APPRECIATION TO LIBRARY BOARD MEMBER CLARICE KRAEMER - File 102 x 9-2-3 Mayor Mulryan presented Clarice Kraemer with a Resolution of Appreciation for her service on the Library Board for ten years. PUBLIC HEARING - CONSIDERATION OF PROPOSED ORDINANCE TO CONTROL RECYCLED MATERIALS (CM) - File 4-3-32 Mayor Mulryan opened the public hearing. Acting City Manager Nicolai stated that at a previous meeting, Council considered a request to change the Recycling Ordinance to incorporate commercial recycable materials, whereas the previous ordinance was restricted to curbside recycling. Mayor Mulryan closed the public hearing. The Title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE, TITLE 9, CHAPTER 9.18, REGULATING RECYCLED MATERIALS COLLECTION" 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. 1505 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner PUBLIC HEARING - Z85-2; AMENDMENT TO ZONING ORDINANCE ESTABLISHING CHAPTER 14.87, GASOLINE SERVICE STATIONS (P1) - File 10-5x 9-1-2 Mayor Mulryan opened the public hearing. Planning Director Moore informed Council that this ordinance is to regulate the conversion of gasoline service stations from "full- service" to "self-service" stations. The ordinance requires use permits for specific types of new facilities, including carwashes and minimarts, and conversions of existing gasoline service stations only when all attended pumps or mechanic's bays are proposed for deletion. Such conversions would require the consideration to include the elderly, handicapped, and motorists in emergency situations, who are in need of the services to be lost. (Councilmember Breiner arrived at meeting) Mr. Philmore Wood, of Arco Petroleum spoke on the following four issues and requested rejection or modification of the ordinance: 1) The ordinance is designed to preserve the current level of service (but that there is recognition that the necessary level of service and the current level of service is different). 2) There is not enough consideration of the balance between mandating service levels and facilitating low prices. 3) The ordinance is not sufficient to the SRCC MINUTES (Regular) 5/6/85 Page 3 SRCC MINUTES (Regular) 5/6/85 Page 4 findings made as to where repair services are performed in the City of San Rafael. 4) Hours of operation specified. Mayor Mulryan closed the public hearing. Planning Director Moore made a clarification that the proposed ordinance regarding Section 14.87.010 - Purpose - does not indicate that the intent of the ordinance is to maintain the existing level of service. RESOLUTION NO. 7095 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR AMENDMENTS TO THE ZONING ORDINANCE AMENDING SECTION 14.08.080G, DEFINITIONS, AND ESTABLISHING CHAPTER 14.87, GASOLINE SERVICE STATIONS (Z85-2) 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 TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.08.080G, DEFINING GASOLINE SERVICE STATIONS, AND ESTABLISHING CHAPTER 14.87, REGULATING THE CONSTRUCTION, REMODELING, AND CONVERSION OF GASOLINE SERVICE STATIONS" Councilmember Russom suggested that in Section 14.87.040 APPROVAL (c) - second to last line - "motorists of the location of the nearest station offering the services listed." change word station to facility. 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. 1506 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PUBLIC HEARING - STATUS REPORT ON HIGHWAY 101 TRAFFIC MANAGEMENT PLAN DURING HOV LANE CONSTRUCTION - File 11-16 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi stated that the environmental checklist form analyzed the potential impacts of the temporary traffic improvements proposed, and indicated that staff has done the necessary legal noticing. He indicated that it is estimated Caltrans project will take about 30 months to complete. Mr. Bernardi explained that the purpose of the traffic management plan is to relieve traffic congestion by diverting traffic through the use of other roads, and discussed using the emergency access ramp between Lincoln Avenue and Los Ranchitos Road as a reversible flow non -freeway connection. Councilmember Breiner pointed out that this is only a temporary connector during the time of the highway construction. She also referred to the Negative Declaration under Item 1.E and 1.F, and urged the Council to approve the installation of traffic signals at Mission and Grand Avenues. Mr. Alan Parks, resident of Vineyard Drive stated that there has been an increase in traffic within the last year, up Coleman to Fair and up Coleman down to Vineyard. Mr. Richard Lister of 6 Fair Drive spoke on bicycle paths for commuter vehicles, and asked Council to drop the consideration of this proposed plan. Mr. Bob Kline, resident at 234 Coleman Drive, commented on the environmental checklist where the report indicated there will be no impact on the environment. Mr. Kline strongly urged the Council to SRCC MINUTES (Regular) 5/6/85 Page 4 SRCC MINUTES (Regular) 5/6/85 Page 5 review Item g under Earth; Item f under Water; Items a and b under Noise; Items a and f under Transportation and Circulation, Item e under Public Services, and and Item e under Utilities. He indicated the impact will be at Fair and Coleman Drives. Mr. Gene Brusatori, resident at 34 Fair Drive indicated that in providing additional access on the bottom of Fair Drive would be allowing people to use this road as a thoroughfare which is dangerous, narrow and unsuitable for this use, and would also alter the character of the neighborhood. Mr. Bruce Beimer, 420 Prospect Drive, stated that to consider having the homeward bound traffic make a left turn across the exit at Lincoln Avenue in the evening is dangerous, and indicated it will cause many accidents. After hearing the concerns from the public, Public Works Director Bernardi indicated that unless the situation becomes intolerable, no further action will be taken. Mr. Dave Holloman, resident at 230 Coleman Drive also agreed that traffic conditions will become worse, and stated that the problem of Highway 101 will not go away. Mayor Mulryan closed the public hearing. Councilmember Frugoli moved and Councilmember Breiner seconded, to: a) Delete Number I of the staff report dated 4/15/85... Consideration of using emergency access road between Lincoln Avenue and Los Ranchitos Road as a reversible flow non freeway connection. b) Approve #II ... Installation of signals at Grand Avenue & Mission Avenue, to be implemented now. c) Approve #III... modification of the following intersections: 1) prohibit left turns from northbound Grand Avenue to Westbound Mission Avenue between 4:00 PM and 6:00 PM. 2) install temporary stop signs at Grand Avenue and Belle Avenue; 3) prohibit left turns between 4:00 PM and 6:00 PM at Belle Avenue and Elm Street; 4) eliminate 3 parking spaces and create a permanent right turn lane on Hetherton at Third Street; 5) visually delineate intersections and post large "Do Not Block Intersection" signs at Second and Irwin and Third and Irwin. d) Approve Negative Declaration and authorize staff to implement proposed temporary traffic improvement project. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Public Works Director Bernardi informed Council that staff will report back to Council on alternatives in solving the traffic diversion problem. 19. P83 -10 -DRAFT NORTH SAN RAFAEL POLICY PLAN (Pl) - File 210 x 191 Planning Director Moore reported that as a result of the previous meeting of April 15, 1985, City and County staff generated additional information and have made some recommended changes to the April draft, and a Resolution of Intent has been prepared to amend the San Rafael General Plan by adopting the North San Rafael Policy Plan. Ms. Moore then summarized the staff report. Councilmember Nave stated there is not enough housing in Phase I, and indicated that there should be more commercial developed. Also, regarding Alternative A, Large Scale Development - Job Emphasis; and Alternative B, Large scale Development - Residential Emphasis, there should be heavier density allowed. Ms. Moore indicated that the proposed Resolution of Intent is to amend the San Rafael General Plan. It would then become the City's General Plan for these properties. Presently, Silveira and St. Vincent's properties are designated "agricultural review areas". This would conform the City with the land use designation that the Countywide Plan has had for many years, identifying this as mixed use/urban development area. SRCC MINUTES (Regular) 5/6/85 Page 5 SRCC MINUTES (Regular) 5/6/85 Page 6 Mr. Irving Schwartz, representing the owners of the Daphne/Bacciocco and St. Vincent's properties, expressed concerns he still had with the proposed plan. Councilmember Frugoli stated he still had some concerns about the plan as proposed, indicating the plan would not control densities. RESOLUTION NO. 7096 - RESOLUTION OF INTENT BY THE SAN RAFAEL CITY COUNCIL TO CERTIFY A NEGATIVE DECLARATION AND TO AMEND THE SAN RAFAEL GENERAL PLAN BY ADOPTING THE NORTH SAN RAFAEL PLAN AYES: COUNCILMEMBERS: Breiner, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Nave ABSENT: COUNCILMEMBERS: None 20. REPORT ON SAN RAFAEL "MISSION CITY" POLICE BOAT (PD) - File 4-10-193 Police Chief Ingwersen summarized the staff report regarding the City's Marine Safety and Enforcement program and its history, including the need for the service in the community and reasons why the boat needs replacing. Chief Ingwersen indicated that a substantial part of the cost will be borne by a grant from the California Department of Boating and Waterways in amount of $40,000. In addition, $30,000 has been set aside in the Vehicle Replacement Fund, leaving a balance of between $30,000 and $40,000 to be requested during this year's 1985/86 budget hearings to fully replace the boat and equipment. Mayor Mulryan asked to what degree the boat is being taken outside of San Rafael waters, and why. Chief Ingwersen replied that the boat presently responds outside of the jurisdiction in the case of life saving calls. He indicated the department operates in conjunction with the Coast Guard as we are between Yerba Buena Island and the Vallejo stations, and that if a boat is in trouble, response is made under a mutual aid situation until the Coast Guard can make contact by boat or helicopter. Councilmember Breiner asked staff for a statistical record to be kept on the number of times boats outside of the City's jurisdiction call upon the City for help, as opposed to boats in San Rafael. RESOLUTION NO. 7097 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH THE CALIFORNIA STATE DEPARTMENT OF BOATING AND WATERWAYS RE: BOATING SAFETY AND ENFORCEMENT GRANT (to partially fund the construction of a new patrol boat). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1502 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, CREATING SECTION 14.11.10, ESTABLISHMENT AND ORGANIZATION OF THE DESIGN REVIEW BOARD (P1) - File 9-2-39 x R-65 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, CREATING SECTION 14.11.10, ESTABLISHMENT AND ORGANIZATION OF THE DESIGN REVIEW BOARD" Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1502 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 5/6/85 Page 6 SRCC MINUTES (Regular) 5/6/85 Page 7 22. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1503 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.11.02 CLARIFYING MATTERS THAT ARE SUBJECT TO ENVIRONMENTAL AND DESIGN REVIEW AND SECTION 14.82.030, EXPANDING THE AUTHORITY OF THE ZONING ADMINISTRATOR (Pl) - File 10-7 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.11.02 CLARIFYING MATTERS THAT ARE SUBJECT TO ENVIRONMENTAL AND DESIGN REVIEW AND SECTION 14.82.030, EXPANDING THE AUTHORITY OF THE ZONING ADMINISTRATOR" Councilmember Nave moved and Councilmember Russom seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1503 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1504 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 6 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING THE LEASHING OF DOGS (CM) - File 13-3 x 4-13-54 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 6 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING THE LEASHING OF DOGS" Councilmember Frugoli moved and Councilmember Russom seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1504 by the following vote to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. MARIN COUNTYWIDE PLAN ECONOMIC ELEMENT (P1) - File 191x149 Planning Director Moore indicated that the Planning Commission, on April 23, 1985, unanimously approved the following recommendations to the City Council: 1) Commend the County for compiling important economic data into the format of an element. 2) Endorse the Countywide Plan Advisory Committee's recommended changes. 3) Recommend that the County include information about the revenue bases of communities in Marin County. 4) Request that the County adopt Implementation Alternative No. 3 only if an advisory committee of elected officials oversees the County's "more active advocacy of the objectives of the Economic Element, on behalf of the 11 cities as well as the County". Ms. Moore then called upon Ms. Carol Williams of the Marin County Planning Department who explained the process of the Marin Countywide Plan Economic Element. Ms. Williams stated that a 7 -person committee was appointed to work with staff on this plan, which would be a refinement that is in the Countywide Plan Community Development section. She indicated that it took the committee nine months to develop the draft, and in respect to the advocacy position, the committee recommended that Alternative 3 (Recommend that the County include information about the revenue bases of communities in Marin County) be approved. This draft element has been submitted to other cities for comments and review, which will then be taken back to the County Planning Commission for their consideration, and a public hearing will be held on June 3, 1985. SRCC MINUTES (Regular) 5/6/85 Page 7 SRCC MINUTES (Regular) 5/6/85 Page 8 Mr. Chris FitzGerald, from the Marin County Planning Department, spoke on the goals, jobs, transportation, policies, and implementations of this plan. After hearing from the Marin County Planning Department staff, it was the consensus of the Council to take no action. 25. SPINNAKER ON THE BAY; APPLICANT'S REQUEST FOR PLANNING COMMISSION CONSIDERATION (P1) - File 5-1-292 Planning Director Moore stated that the April 17 letter from Richard Tarrant, attorney for the applicants, Messrs. Dennis Horne and Sid Hendricks, asked that Council direct staff and the Planning Commission to process the Spinnaker On The Bay application pending adoption of the East San Rafael Neighborhood Plan. Mr. Tarrant requested that the project be processed independent of the neighborhood plan time frame and indicated that continued deferral of the project amounted to an informal moratorium which prejudices his clients' rights. Ms. Moore indicated that Mr. Tarrant indicated that the proposed project is consistent with the last draft of the East San Rafael Neighborhood Plan, but, Ms. Moore stated there is no such draft of the East San Rafael Neighborhood Plan. While the Spinnaker On The Bay project is consistent with what the consultant and staff will be recommending for the property for the East San Rafael Neighborhood Plan, i.e. residential development on existing filled area, and overall density of 20 units to the acre, there is controversy over that density by Friends of Spinnaker Point, Spinnaker Point Homeowners' Association and Canal Community Alliance who are on record to support no more than 15 units to the acre on the property. Ms. Moore continued to state that another item Mr. Tarrant correctly mentions in his letter as being unresolved, is the location of a future neighborhood park. Staff and consultant recommend in the neighborhood plan that a small park be located in conjunction with development of the City owned property on Bellam. There was not total agreement between staff and consultant on this matter, and significant neighborhood discussions during Planning Commission and Council reviews on the size and location on the neighborhood park are expected. Richard Tarrant, attorney for the owners of the project, stated that his request is to have the review take place concurrently with the City Council's review of the East San Rafael Neighborhood Plan. Councilmember Russom moved and Councilmember Nave seconded, that the Planning Commission consider the Spinnaker On The Bay project on June 11, 1985. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. MARIN COUNTY BOARD OF SUPERVISORS' REQUEST RE: DAPHNE PROPERTY (P1) - File 210 x 191 x 149 Council accepted the staff report, without motion. 27. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Frugoli moved and Councilmember Russom seconded, to OPPOSE SB 1454 (B. Greene) - New Restrictions on Development Fees and Dedications. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom moved and councilmember Frugoli seconded, to OPPOSE SB 952 (Dills) - Local Public Agency Employer/Employee Relations Access Rights. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 5/6/85 Page 8 SRCC MINUTES (Regular) 5/6/85 Page 9 Councilmember Frugoli moved and Councilmember Breiner seconded, to SUPPORT SB 964 (Morgan) - Highways: Funding for Federal Aid Urban Systems. AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM: Frugoli, Nave, Russom & Mayor Mulryan 1. REQUEST FROM LEAGUE OF CALIFORNIA CITIES - File 9-11-1 x 9-1 Mayor Mulryan stated that he had received a request from the League of California Cities that the City of San Rafael join in with other larger chartered cities to support a request to the Attorney General, to deny quo warranto actions by various municipal labor organizations filed as a result of a 1984 California Supreme Court Decision in the case of People ex rel. Seal Beach Police Officers Association v. City of Seal Beach, which struck down a voter -approved charter amendment prohibiting strikes. Council agreed, without motion, to support the request from the League of California cities to the Attorney General. 2. HIGHWAY 101/INTERSTATE 580 INTERCHANGE FUNDING - File 11-16 Mayor Mulryan stated that he has been seeking help from Mr. William Bagley of the Public Utilities Commission who has contacted staff and the County. County Board of Supervisors' Chairman Stockwell wrote a letter to Mr. Bagley outlining the rationale for the County's decision on the Bellam/Highway 101 issue. One of the statements made is that although the city has come up with the $9,000,000 assistance, unlike other cities, we are not coming up with 100% of the funding for road improvements. Mayor Mulryan asked Public Works Director Bernardi to respond to Mr.Stockwell's letter. There being no further business, the City Council meeting was adjourned. tc� JEANIJ Fr-- LEONCINI, C3�ty Cler APPROVED THIS DAY OF 1985 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 5/6/85 Page 9