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HomeMy WebLinkAboutCC Minutes 1985-12-16SRCC MINUTES (Regular) 12/16/85 Page 1 In Conference Room 201 of the City of San Rafael, Monday, December 16, 1985 at 7:00 PM. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a No. 85-24(a) - (#2) and No. 85-24(b) - (#4). No action was taken. In the Council Chambers of the City of San Rafael, Monday, December 16, 1985 at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: None Also Present: Pamela J. Nicolai, 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 November 18, 1985, Special Meetings of November 26, 1985 and December 2, 1985 and Special Joint Meeting of December 2, 1985 (CC) 4. Resolution Authorizing Mayor to Sign an Agreement for 625 Grand Avenue - Ferro Plaza - to Provide an On -Site Parking Deck Should Caltrans Terminate its Lease of Adjacent Property (P1) - File 4-10-198 5. Reappointment of John Govi to Marin/Sonoma Mosquito Abatement District Board for 4 -Year Term (CC) - File 9-2-9 6. Ratification of Resolution No. 7229, Resolution Denying a Portion of Appeal and Partially Upholding the Planning Commission's Decision to Conditionally Approve Use and Design Review Permits for Bayview Business Park - Francisco Boulevard East at Pelican Way (UP82-65 (b) and (ED85-54) (P1) - File 10-5 x 10-7 RESOLUTION 7239 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH THE OWNER OF FERRO PLAZA (A 28,000 sq. ft. office building, AP 14-133-05 & 07) Approved staff recommendation, reappointing John Govi to a 4 -Year Term, to expire 12/31/89. Approved ratification of Resolution No. 7229. 7. Authorization to Call for Bids for Approved recommendation authoriz- Pickleweed Stage (Rec) - File ing staff to call for bids on 4-2-205 x 9-3-65 Pickleweed Park Community Center Stage. 8. Authorization to Apply for Grant RESOLUTION NO. 7240 - RESOLUTION from State Board of Education APPROVING THE APPLICATION FOR for Childcare Scholarships (Rec) - GRANT FUNDS UNDER THE EXTENDED DAY File 4-10-199 CARE SERVICES BILL (ROBERTI SB303) ($44,149 grant fund) SRCC MINUTES (Regular) 12/16/85 Page 1 SRCC MINUTES (Regular/ 12/16/85 Page 2 10. Renewal of City's Excess Workers RESOLUTION 7241 - RESOLUTION Compensation Insurance (Fin) - AWARDING WORKERS COMPENSATION File 9-6-3 INSURANCE FOR THE YEAR 1986 (Excess renewal to Employees Reinsurance Corp. at 14.55 per $100 of payroll) 11. Resolution of Findings - Appeal of Building Official's Enforce- ment of Section 504(b) of the Uniform Building Code at 901 "A" STREET (PW) - File 1-6-1 x 9-3-32 13. Resolution Authorizing Execution of New Subdivision Agreement - Oakwood Unit No. 1 (Management Services Group) (PW) - File 5-1-244 14. Resolution Re "AVOID THE 13" Driving Under the Influence Campaign 1985/86 (PD) - File 4-10-190 RESOLUTION NO. 7242 - RESOLUTION OF CITY COUNCIL (IN ITS CAPACITY AS THE BOARD OF APPEALS) GRANTING CONDITIONED APPROVAL OF AN APPEAL FROM SECTION 504 OF THE BUILDING CODE AT 901 "A" STREET (RE OPENING PROTECTION OF PROPERTY LINE FIRE WALL) (and Authorizing Execution of Compliance Agreement) RESOLUTION NO. 7243 - RESOLUTION CONDITIONALLY AUTHORIZING THE SIGNING OF A NEW AGREEMENT FOR SUBDIVISION IMPROVEMENTS IN OAKWOOD UNIT NO. 1, SAN RAFAEL, CALIFORNIA (subject to City Attorney's review and approval of the agreement and contract security). RESOLUTION NO. 7244 - RESOLUTION SUPPORTING THE "AVOID THE 13" DRIVING UNDER THE INFLUENCE PROGRAM (Period from 12/21/85 thru 1/2/86) 15. Request for Authorization to RESOLUTION NO. 7245 - RESOLUTION Close Library at 5:00 PM, AUTHORIZING STAFF TO CLOSE THE December 24, 1985 (Christmas Eve) LIBRARY AT 5:00 PM ON CHRISTMAS and December 31, 1985 (New Year's AND NEW YEAR'S EVE (this year and Eve) (Lib/Cult. Affs.) - in future years) File 9-3-61 16. Claim for Damage: Approved Insurance Consulting Associates, Inc. recommendation for a. Lily Rydman (FD) - denial of claim. File 3-1-1037 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3. APPROVAL OF FIVE-YEAR FEDERAL AID URBAN PROGRAM COMMENCING FY 1986/87 (PW) - File 4-10-66 At the request of Mayor Mulryan, Public Works Director Bernardi explained that the projects on the top of the list which are scheduled for 1985/86 were programmed four and one half years ago. The projects were prioritized, and _given point ratings based upon the traffic safety indexes, relief of congestion, ease and facilitation of transient uses and were rated higher than other projects submitted. The City's Francisco Boulevard West Extension Project is scheduled for Program Year 1989/90 with estimated FAU funds in amount of $950,000. RESOLUTION NO. 7246 - RESOLUTION APPROVING A FIVE-YEAR FEDERAL AID URBAN PROGRAM COMMENCING FY 1986/87 RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE AYES: COUNCILMEMBERS: Breiner,Frugoli, Nave, Russom & Mayor Mulrvan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/16/85 Page 2 SRCC MINUTES (Regulars 12/16/85 Page 3 9. RENEWAL OF CONTRACT WITH R. L. KAUTZ FOR WORKERS COMPENSATION CLAIMS ADMINISTRATION (Fin) - File 7-1-31 Concerning the method of payment to R. L. Kautz, Councilmember Frugoli inquired if there were to be less claims in 1986, would it be more advantageous for the City to be charqed for claims on a per claim basis rather than using a flat fee as proposed. Finance Director Coleman stated that there is no way of knowing there will be less claims in 1986, and suggested that if this does happen, the City switch back to the old method of payment next year. RESOLUTION NO. 7247 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH R. L. KAUTZ AND COMPANY FOR WORKERS COMPENSATION CLAIMS ADMINISTRATION (Effective December 1, 1985, monthly fee of $2,100.00) AYES: COUNCILMEMBERS: Breiner, Frugli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. RENEWAL OF ANNUAL TELEPHONE MAINTENANCE AGREEMENT WITH TEL -PLUS (FORMERLY COMPATH) (CM) - File 4-3-88 Mayor Mulryan inquired whether the present telephone system is working properly. Administrative Assistant Harry stated that the system is meeting the needs of the City on a day-to-day basis, and that the maintenance currently being provided is satisfactory. RESOLUTION NO. 7248 - RESOLUTION AUTHORIZING THE SIGNING OF A MAINTENANCE SERVICE AGREEMENT WITH TEL PLUS COMMUNICATIONS, INC. (Commencing 12/21/85 at a cost of $8,700 for one year) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PUBLIC HEARING - PROTEST HEARING - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT: (PW) - File 6-42 Mayor Mulryan declared the hearing opened. Public Works Director Bernardi noted that amendments were made to the district whereby an additional property had been added which changed the boundaries, and also additional improvements were added to the district over and above what was originally conceived, namely, the cost of the Merrydale Overcrossing. The addition is the cost of the main trunkline sewer facilities and new pump station to be owned and operated by the Las Gallinas Valley Sanitary District. As there were no comments from the public, Mayor Mulryan closed the public hearing. a. RESOLUTION NO. 7249 - RESOLUTION FINDING AND DETERMINING THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. RESOLUTION NO. 7250 - RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 6811 - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryabn NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None C. Second Amended Engineer's Report - Filed. SRCC MINUTES (Regular) 12/16/85 Page 3 SRCC MINUTES (Regular) 12/16/85 Page 4 d. RESOLUTION NO. 7251 - RESOLUTION APPROVING AMENDMENT OF PROCEEDINGS, SECOND AMENDED ENGINEER'S REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None e. Waiver of Notice and Hearing on Increased Assessments and Cash Collection Period - Filed. f. Paid and Unpaid List - Filed. g. RESOLUTION NO. 7252 - RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None h. RESOLUTION NO. 7253 - RESOLUTION AUTHORIZING ISSUANCE OF BONDS - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None i. RESOLUTION NO. 7254 -ORDERING SALE OF BONDS - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT (to Stone & Youngberg) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None j. RESOLUTION NO. 7255 - RESOLUTION APPROVING AGREEMENT WITH LAS GALLINAS VALLEY SANITARY DISTRICT - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 4050 REDWOOD HIGHWAY (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi stated that Fitness USA is proposing to remodel its business at a cost of $57,000. The cost of providing full access is estimated at $47,000. He indicated that Marin Center for Independent Living has reached a satisfactory agreement with the Appellant. Mayor Mulryan closed the public hearing. Councilmember Russom moved and Councilmember Breiner seconded, that Council, sitting as the Board of Appeals, approve the staff recommendation that the provision of an accessible entry and an accessible women's toilet room would represent an unreasonable hardship. Also, staff was directed to prepare an appropriate Resolution with Findings and bring said Resolution back for Adoption at the next meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: none SRCC MINUTES (Regular) 12/16/85 Page 4 SRCC MINUTES (Regular) 12/16/85 Page 5 19. PUBLIC HEARING - SR85-7; APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL FOR MARIN SQUARE SHOPPING CENTER SIGN PROGRAM REVISIONS: 25 BELLAM BOULEVARD; BLUMENFELD ENTERPRISES, OWNER; JOSEPH BERM, JR., REP.; DR. DINU GRAY, APPELLANT; AP 18-051-20 (Pl) - File 10-11 x 125 Mayor Mulryan opened the public hearing and continued hearing to the meeting of January 20, 1986 at the request of the Appellant. 20. AN URGENCY ORDINANCE TO AMEND TITLE 15 (SUBDIVISIONS) OF THE SAN RAFAEL MUNICIPAL CODE TO PERMIT FILING OF A VESTING TENTATIVE MAP. THIS AMENDMENT HAS BEEN PROPOSED TO BRING THE CITY'S SUBDIVISION ORDINANCE IN CONFORMANCE WITH THE STATE SUBDIVISION MAP ACT AS AMENDED SEPTEMBER 13, 1984 (P1) - File 10-8 x 10-6 Mayor Mulryan declared the public hearing opened. Planning Director Moore stated that last year, the State's Map Act was modified to require local agencies to allow procedures for a Vesting Tentative Map to allow a longer time period, and requiring that the ultimate development of the tentative map be approved by the City. As there were no comments from the public, Mayor Mulryan closed the public hearing. RESOLUTION NO. 7256 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR AN URGENCY ORDINANCE TO AMEND TITLE 15 (SUBDIVISIONS) OF THE MUNICIPAL CODE BY ADDITION OF CHAPTER 15.18 "VESTING TENTATIVE MAPS" AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Myulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: "AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 15 (SUBDIVISIONS) BY ADDING CHAPTER 15.18 "VESTING TENTATIVE MAPS" Councilmember Breiner moved and Councilmember Russom seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1521 (Urgency Ordinance) by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. SUN VALLEY OPEN SPACE PROJECT: (CM) - File 6-36 a. RESOLUTIONS AUTHORIZING EXECUTION OF EXTENSIONS OF FOUR (4) OPTIONS TO PURCHASE AGREEMENTS, TO MARCH 1, 1986. b. RESOLUTIONS OF CONDITIONAL ACCEPTANCE OF GRANTS OF REAL PROPERTY (4). Public Works Director Bernardi stated that Council previously approved option agreements which tied up various properties in the open space district. Council was asked to consider extending the Option to Purchase Agreements to March 1, 1986; and adopt the Resolutions of Conditional Acceptance of Grants of Real Property. In the event the details could be worked out prior to the next regularly scheduled Council meeting, the City Attorney, the County Counsel and the County of Marin Real Estate section, once approving the sale and details of the purchase of the property, could then proceed with the closing of the property. Mr. Berne Holman informed the Council that there were 340 parcels that favor an assessment district; and that there was a petition signed by 546 people who requested that the purchase of the property be set aside. SRCC MINUTES (Regular) 12/16/85 Page 5 SRCC MINUTES (Regular) 12/16/85 Page 6 Councilmember Frugoli moved that this item be brought back to Council for reconsideration. Motion died for lack of a second. RESOLUTION NO. 7257 - RESOLUTION AUTHORIZING THE SIGNING OF THE AGREEMENT WITH SECOND AMENDMENT TO 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 - Extending date to and including March 1, 1986). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7258 - RESOLUTION AUTHORIZING THE SIGNING OF THE AGREEMENT WITH AMENDMENT TO OPTION TO PURCHASE AGREEMENT BETWEEN OWENS MORTGAGE COMPANY, NOW KNOWN AS OWENS FINANCIAL GROUP, INC. AND THE MARIN COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL (FOR OWENS MORTGAGE COMPANY PROPERTY - NOW KNOWN AS OWENS FINANCIAL GROUP, INC.) - (A.P. 10- 011-18 AND 10-041-42) (Shall extend through to and including March 1, 1986). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7259 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH AMENDMENT TO OPTION TO PURCHASE AGREEMENT BETWEEN WILLIAM T. MURPHY AND JUDITH M. MURPHY, MARIN COUNTY OPEN SPACE DISTRICT AND CITY OF SAN RAFAEL RE MURPHY PROPERTY - A.P. 10-011-35 (Extending date to and including March 1, 1986). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7260 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH AMENDMENT RE PROPERTY AP 10-011-06. (Extending date to and including March 1, 1986). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7261 - RESOLUTION OF CONDITIONAL ACCEPTANCE OF GRANT OF REAL PROPERTY KNOWN AS: EMMA DUCA PROPERTY A.P. 10-011-07, 10-011-46 AND PORTIONS OF A.P. 177-240- 11 AND 177-24-18 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7262 - RESOLUTION OF CONDITIONAL ACCEPTANCE OF GRANT OF REAL PROPERTY KNOWN AS: OWENS MORTGAGE COMPANY NOW KNOWN AS OWENS FINANCIAL GROUP, INC. A.P. 10- 011-18 AND 10-041-42 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/16/85 Page 6 SRCC MINUTES (Regular) 12/16/85 Page 7 RESOLUTION NO. 7263 - RESOLUTION OF CONDITIONAL ACCEPTANCE OF GRANT OF REAL PROPERTY KNOW AS: WILLIAM T. MURPHY AND JUDITH M. MURPHY - A.P. 10-011-35 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7264 - RESOLUTION OF CONDITIONAL ACCEPTANCE OF GRANT OF REAL PROPERTY KNOWN AS: A.P. 10-011-06 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT: (PW) - File 6-36 a. SECOND AMENDED COST ESTIMATE. THIS IS TO BE FILED. b. RESOLUTION APPROVING SECOND AMENDED COST ESTIMATE. C. PAID AND UNPAID LIST. THIS IS TO BE FILED. d. RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID. e. RESOLUTION AUTHORIZING ISSUANCE OF BONDS. f. RESOLUTION ORDERING SALE OF BONDS. No discussion was held. 23. REPORT ON TRAFFIC SYSTEMS MANAGEMENT ORDINANCE PROPOSAL (PW) - File 11-13 x 11-16 Public Works Traffic Engineer Rumsey stated that the business community had been surveyed on the proposed ordinance relating to traffic problems in the City, and many people felt that a broader program county -wide or region -wide was needed. He stated that the County is in the process of pursuing a grant to allow the hiring of a consultant to develop a County -wide model ordinance. Staff recommends moving ahead to start the process in San Rafael by forming a Task Force having equal representation with the City staff and the business community with a member of the City Council as Chairman. Mayor Mulryan and all Councilmembers indicated their interest in serving on the task force. Councilmember Russom was concerned about having only one representative from the private employment sector and urged that the Chamber of Commerce representative be someone who could speak for medium and large employers as well as small businesses. Councilmember Breiner suggested that the business representative have an alternate available to attend meetings as needed. Councilmember Russom moved and Councilmember Nave seconded, to accept the report and approve the staff recommendation to form a task force composed of representatives of business community and City staff to develop and implement a City-wide TSM Program and coordinate with County_ of Marin to implement a County -wide program. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. REPORT ON SHOPPING CENTER OVERLAY ZONE (PL) - File 10-2 x 12-1 Planning Director Moore stated that the majority of the shopping centers were found to be in good condition and that several had major upgrading done, especially in the Northgate Mall. On a smaller scale, the Bret Harte Shopping Center was redeveloped within the last couple years. Of the 10 shopping centers reviewed, the Terra Linda Center, Montecito Shopping Center, Lee's and Loch Lomond Shopping Centers, which vary in SRCC MINUTES (Regular) 12/16/85 Page 7 SRCC MINUTES (Regular, 12/16/85 Page 8 size, need special attention. The Montecito Shopping Center particularly has not kept up with the times, and its maintenance, design and major vacancy is not keeping pace with what is going on in the commercial area in San Rafael and in Marin County. Councilmember Russom moved and Councilmember Breiner seconded, to refer this matter to the Planning Commission. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. REPORT ON STREET SWEEPING PROGRAM (PW) - File 8-5x 9-3-40 Public Works Director Bernardi stated that formerly with two street sweeper positions and three street sweeper machines, the downtown area was swept five nights a week and the outlying residential areas, approximately every two weeks. Currently, with the reduction in staff, there now are only two sweeping machines and one street sweeper. With this level of staffing, the downtown area gets swept three nights a week and the other two nights a week are used for the residential areas in town. In addition, during the "leaf season", the most critical time, with only one sweeper position, additional overtime costs have been incurred of approximately $7,500. During rainstorms, the sweeper positions have also been an "early warning" system in the event storms got bad. After discussion, the Council unanimously approved: a) Staff to work with Canal Community Alliance and develop a model, voluntary street sweeping program; b) Redevelopment Agency to pay for hiring of two new employees to maintain the downtown area; c) To restore the street Sweeping program to its original level of service (by hiring an additional street sweeper operator and purchase of a third street sweeper). RESOLUTION NO. 7265 - RESOLUTION DISPENSING WITH THE COMPETITIVE BIDDING AND AUTHORIZING A SOLE SOURCE PURCHASE OF ONE STREET SWEEPER AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. REPORT ON TRANSPORTATION RELIEF IMPLEMENTATION PROGRAM (TRIP) (Pl) - File 11-31 Planning Director Moore gave a brief report stating that the staff report discussed the individual recommendations of the ad hoc TRIP Committee, and that a comprehensive report would be brought to Council at a later date. Mr. Rick Norman, member of the TRIP Committee, and representative of San Rafael Forward, stated that the City Council should take a progressive stance on the traffic problems and that a long term moratorium is extreme and will not solve the existing problems. Mr. Norman submitted a petition with over 1,000 signatures who support his opposition to a moratorium. Councilmember Nave moved and Councilmember Frugoli seconded, to approve the staff recommendation that a program of the relatively simple, easy to implement, short term options be prepared and implemented as soon as possible; also that a comprehensive report describing a coordinated program for analyzing, discussing and implementing appropriate longer term options be prepared for Council consideration at an appropriately noticed hearing. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/16/85 Page 8 SRCC MINUTES (Regular) 12/16/85 Page 9 27. NO CHARGE FOR PARKING METERS ON SATURDAYS, WITH TWO-HOUR PARKING LIMIT ENFORCEMENT (Fin) - File 11-18 Finance Director Coleman stated that if there were free parking in San Rafael on Saturdays, that $40,000 would be lost in the parking meter revenue, including additional undetermined costs relating to parking citations, of which approximately $50,000 worth of tickets on expired meters are written on Saturdays each year. After discussion, Council accepted staff report without motion and directed staff to place signs on the street (both "A" and "B" Streets) indicating "Free Parking On Saturdays Only" at the Third and "A" Parking Structure. 28. DISCUSSION RE ACTIVITIES AT CARMEL HOTEL - File 13-16 (Verbal) Mayor Mulyran asked that this item be discussed because of information received regarding the residential health care program which seems to be developing at the Carmel Hotel. Acting City Manager Nicolai stated that this item was discussed with the City's Code Enforcement Officer Butts who informed Ms. Nicolai that the name of the program is called the "Voyager Program" and is handled through the Avanti House. There are 12 rooms rented at the Carmel Hotel for placement of chronically ill adults in temporary housing. City Attorney Ragghianti informed Council that the Carmel Hotel does .not require a permit or license to use the rooms as such, and that he knew of no legal basis where action could be taken to prevent them from renting the rooms to these people. Planning Director Moore indicated that when staff became aware of the program last year, they investigated it to determine if it constituted a care facility, and it did not. Council directed staff to bring a report back at the meeting of January 6, 1986 after contacting the County to learn more about the criteria for placing transients at the Carmel Hotel, as well as asking the County to set up an agreement or program to allow the City to monitor the activities. 29. STATUS REPORT ON CITY'S LIABILITY INSURANCE (Fin) - File 9-6-1 Finance Director Coleman stated that if the City's liability insurance were to expire tonight, there would be no insurance companies willing to write policies at this time. Mr. Coleman added that it is a critical problem, and suggested that Council have a special meeting to consider any options. Council accepted the report and called for a special meeting to be held either on Janaury 2 or 3, 1986 to discuss this problem. 30. REPORT ON CITY'S INVESTMENT POLICY (Fin) - File 8-14 x 9-2-13 Finance Director Coleman stated that the State Legislature has passed legislation which involves extensive reporting by cities on what they are doing on investment policies. He indicated his staff report outlines options available to the City in the investment area, for Council approval. Councilmember Nave moved and Councilmember Russom seconded, to adopt the Statement of Investment Policy as presented. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/16/85 Page 9 SRCC MINUTES (Regular, 12/16/85 Page 10 31. ORDINANCE PROVIDING FOR AN INCREASE IN COMPENSATION FOR CITY COUNCIL - File 7-3-2 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR AN INCREASE IN COMPENSATION FOR CITY COUNCIL" (Mayor's salary increased to $600 and Councilmembers' salary to $400, effective January 1, 1986). Councilmember Frugoli moved and Councilmember Russom seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only and pass Charer Ordinance No. 1522 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 32. DISCUSSION OF STAFFING IN CITY ATTORNEY'S OFFICE: (CA) - File 9-3-16 x 8-5 x 7-3-2 City Attorney Ragghianti stated that his staff report points out the method for having a replacement for the vacancy caused by Assistant City Attorney Stewart Andrew, who has given notice to seek a six-month leave of absence. Mr. Ragghianti noted that the seeking of a leave of absence had not been done before; however, the Charter provides that the City Manager may approve such a request. The proposal is to allow Mr. Ragghianti's law office to provide the services needed to the City for the first six months of 1986 at an increase in the City Attorney's salary of $3,000 per month. Also, that the contract of the present Deputy City Attorney, Mary Casey, be extended through June 30, 1986, and that her salary be increased to $3,000 per month for the added responsibilities, requiring no increase in the City Attorney's budget. City Attorney Ragghianti recommended that Council grant Mr. Andrew a leave of absence with a condition that the Council be notified no later than April 1, 1986, as to whether or not he would be returning. Mr. Ragghianti addressed the request made by Mr. Andrew whereby he asked that he spend four hours per month working on City matters in exchange for the City covering his health insurance benefits through June 30, 1986. Councilmember Frugoli indicated he was opposed to granting a six month leave of absence to Assistant City Attorney Andrew. a. Ordinance Re Salary of the City Attorney (to provide that the salary of the City Attorney be set by Resolution). The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, AMENDING TITLE 2.08.160 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED "SALARY OF THE CITY ATTORNEY" Councilmember Breiner 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. 1523 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None b. Resolution Setting the Salary of the City Attorney. RESOLUTION NO. 7266 - RESOLUTION SETTING THE SALARY OF THE CITY ATTORNEY (as amended, to include expiration date of June 30, 1986. Salary increased to $5,545 per month, effective January 1, 1986). AYES: COUNCILMEMBERS: Breiner, Nave, Russsom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 12/16/85 Page 10 SRCC MINUTES (Regular) 12/16/85 Page 11 C. Resolution Amending the Contract of the Deputy City Attorney. RESOLUTION NO. 7267 - RESOLUTION AMENDING THE CONTRACT OF THE DEPUTY CITY ATTORNEY (Increasing salary to $3,000 per month; City to contribute $138.44 per month for health care benefits; Term of amended agreement from January 1, 1986 to June 30, 1986; Continue accumulation of both paid vacation time off and sick leave at rate of 6.6 hours per month) AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None City Attorney Ragghianti to report back to Council on the status of Mr. Andrew, at meeting of April 7, 1986. Councilmember Russom moved and Councilmember Nave seconded, that Council approve the request for leave of absence for Assistant City Attorney Andrew with the condition that Mr. Andrew respond to Council on his status no later than April 7, 1986, and that the leave be no longer than six months. AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None Council took no action on request for health care coverage for Assistant City Attorney Andrew as proposed. There being no further business, the meeting was adjourned. Jean -"-M. Leoncini, City C erk Approved this day of 1986 Mayor of City of San Rafael SRCC MINUTES (Regular) 12/16/85 Page 11