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Home My WebLink AboutCC Minutes 1987-05-18SRCC MINUTES (Regular) 5/18/87 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MAY 18, 1987 AT 7:00 P.M. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LITIGATION, LABOR NEGOTIATIONS AND PROPERTY ACQUISITION - File 1.4.1.a 1. No. 87-10(a) - (#2). No. 87-10(b) - (#1) Fields vs. City of San Rafael, et al. No. 87-10(c) - (#7). Mayor Mulryan announced in Open Session that the Council would meet in Closed Session to discuss property acquisition - 1900 "D" Street, San Rafael, with negotiator Neil L. Rogers, Jr., with Alpha, Heath, Rogers Trust. Council then went back into Closed Session. No. 87-10(d) - (#5) 1900 D Street, San Rafael. Neil L. Rogers, Jr., with Alpha, Heath, Rogers Trust. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 18, 1987 AT 8:00 P.M. Regular Meeting: Present: Lawrence E. Mulryan, Mayor San Rafael City Council Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Maynard H. Willms, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Item 2. Approval of Minutes of Special Joint Workshop Meeting with Planning Commission of April 20, 1987 and Special Meetings of April 27 and May 4, 1987 and Regular Meeting of May 4, 1987 (CC) Recommended Action Approved as submitted. 4. Set Date for Public Hearing on Approved staff recommendation, Consideration of Joint Powers setting date for public hearing Agreement (JPA) for Transferring on June 15, 1987. Sanitary Sewer System to San Rafael Sanitation District (PW) - File 4-12-8 5. Authorization to Call for Bids for Drainage and Foundation Improvements - 335 Forbes Avenue (PW) - File 4-1-409 Approved staff recommendation. Replacement of City -maintained storm drain adjacent to 335 Forbes Avenue to be done by July 31, 1987. 6. Statements of Disclosure - Two Accepted reports. (2) Newly Appointed Planning Commissioners: (CC) - File 9-4-3 x 9-2-6 Paul M. Cohen - Ross L. Cobb SRCC MINUTES (Regular) 5/18/87 Page 1 SRCC MINUTES (Regular) 5/18/87 Page 2 7. Report on Library Centennial Celebration (Lib) - File 9-3-61 8. Resolution of Appreciation for Joanne Cottle, President, Friends of the San Rafael Public Library (Lib) - File 102 x 9-3-61 10. Resolution Proclaiming Marin Suicide Prevention Center Week, "A Celebration of Youth" May 31 - June 6, 1987 (CM) - File 110 12. Legislation Affecting San Rafael (CM) - File 9-1 13. Claims for Damages: a. Duane & Eileen Smith (PW) - File 3-1-1212 b. Steve Takesh (PW) - File 3-1-1217 c. Dixie K. O'Connell (PW) - File 3-1-1225 d. Ralph McGrath (PW) - File 3-1-1232 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Accepted report, setting date of Saturday, June 20, 1987 for celebration. RESOLUTION NO. 7536 - RESOLUTION OF APPRECIATION TO JOANNE COTTLE WHO SERVED AS PRESIDENT OF THE FRIENDS OF THE SAN RAFAEL PUBLIC LIBRARY FOR FOUR YEARS RESOLUTION NO. 7537 - PROCLAIMING MAY 31 - JUNE 6, 1987 TO BE MARIN SUICIDE PREVENTION CENTER WEEK, "A CELEBRATION OF YOUTH" Approved staff recommendation: SUPPORT Tort Reform Legislation Package for 1987: AB 986 (Harvey); AB 1212 (Hannigan); AB 1561 (McClintock & Wyman); SB 282 (Maddy); SB 821 (Boatwright); SB 865 (Beverly); SB 1661 (Nielsen); SB 1662 (Nielsen); SB 1663 (Nielsen); SCA 27 (Doolittle). OPPOSE SB 1425 (Vuich) Change in Lien Date for Property Tax Assessments. OPPOSE AB 923 (Floyd) "Time Banks" for Extended or Terminal Illness. Approved Insurance Consulting Associates, Inc. recommendations for denial of claims. Frugoli, Nave, Willms & Mayor Mulryan 3. AUTHORIZATION TO CALL FOR BIDS FOR "D" STREET WALKWAY (PW) - 4-1-408 In response to Mayor Mulryan's concern about the estimated cost in amount of $31,000, Public Works Director Bernardi explained the State has alloted $25,000 to build a four foot walkway similar to what is on the opposite side of Wolfe Grade from the top of hill down to Antoinette Avenue adjacent to the road. The additional construction cost is to be paid by the City with funds available from gas tax under the Miscellaneous Right -of -Way Improvement project. Councilmember Breiner moved and Councilmember Frugoli seconded, to authorize staff to call for bids for "D" Street Walkway. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 5/18/87 Page 2 SRCC MINUTES (Regular) 5/18/87 Page 3 9. STATUS REPORT ON GENERAL PLAN UPDATE (Pl) - File 115 x 10-2 Mayor Mulyran asked Planning Director Moore if she was generally satis- fied with the format being followed with the drafting of the General Plan, and Ms. Moore replied the public participation workshops are over and next on the program will be public hearings held by the Plan- ning Commission. After discussion, Councilmember Nave moved and Councilmember Frugoli seconded, directing staff to target August 17, 1987 as the date for the General Plan Draft to be brought to Council for their review. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. REPORT ON BID OPENING AND AWARD OF BIDS FOR NEW AND USED VEHICLES PER VEHICLE REPLACEMENT LIST (Gen. Svcs.) - File 4-2-214 Mayor Mulryan questioned the cost of $13,778.94 for a used Oldsmobile for the Police Department and City Manager Nicolai responded that was the only qualifying bid. She informed Council the car would be utilized by the Chief of Police, and that the size of the car is part of the specifications. RESOLUTION NO. 7538 - AUTHORIZING THE PURCHASE OF VARIOUS NEW AND USED VEHICLES UTILIZING EQUIPMENT REPLACEMENT FUNDS One z ton short bed mini pickup for use by Code Enforcement (Planning Dept.) through Wayne Cross Ford, low bidder, at $8,067.36. One k ton long bed mini pickup for use by Pickleweed Park (Recreation Dept.) through Wayne Cross Ford, low bidder, at $8,200.90. One 2 passenger cargo van for use by the Police Dept. through Wayne Cross Ford, low bidder, at $12,822.07. Two 2 door sedans for use by building inspection (Public Works Dept.) through Wayne Cross Ford, low bidder, at $15,196.92. Three 4 door compact station wagons, two for use by Engineering Division (Public Works Dept.) and one for use in the vehicle pool (General Services Dept.) through Wayne Cross Ford, low bidder, at $22,338.13. One used 1986 4 door Oldsmobile sedan through Hertz Corporation, low bidder, at $13,778.94. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. ABANDONMENT OF PROCEEDINGS - EAST FOURTH STREET PARKING ASSESSMENT DISTRICT - (PW) - File 6-41 x (SRRA) R-230 Public Works Director Bernardi stated that as directed at meeting of January 19, 1987, staff has reviewed financial options made by Mr. David Hellman and arrived at the same solution that the options presented will not work for the City in terms of the annual deficit to be burdened by the City. He indicated that the Assessment District is set up with a "site speci- fic project"; therefore, the City is dealing with the former County Garage site, and informed Council should they look at another site they would have to leave the Assessment District open and amend the proceedings. SRCC MINUTES (Regular) 5/18/87 Page 3 SRCC MINUTES (Regular) 5/18/87 Page 4 David Hellman, Attorney and representative for the downtown business area, indicated he has met with some of the property owners who are inclined to pay an additional assessment above and beyond what was initially proposed, which was one-half, and added they believed it to be more feasible if property on Third Street could be included. He noted that Mr. Richard Clayton had spoken with Ms. Bacigalupe who lives on part of the property on Third Street who indicated some willingness to give up her land but only if the City moves her home. Mr. Hellman asked to be kept informed as to what the City planned to do with the County Garage site should they abandon the proceedings. Mr. Richard Clayton stated he could not offer Council anything positive with regard to Ms. Bacigalupe's property except that he did not feel it is a "dead issue". Mr. Clayton asked Council to keep the door open in seeking a place for parking at the East Fourth Street area. After further discussion, Councilmember Frugoli moved and Councilmember Nave seconded, to not abandon the assessment district and have staff explore different alternatives for parking in the East Fourth Street area, with a report to be brought back to Council at the first meeting in September. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Nave seconded, to make the former County Garage site as productive as possible by August 17, 1987. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. AUTHORIZATION TO ADVANCE FUNDS TO CONDUCT SURVEY AND TESTING WORK FOR SAN RAFAEL CANAL (PW) - File 12-10 x 8-5 Public Works Director Bernardi informed Council of an addendum to the staff report which is a letter from the Corps of Engineers with an agreement between The United States of America and the City, including a Resolution authorizing the Mayor to sign the agreement; also, a letter of support for the private dredging from the Newport Boating Association. He noted the Corps of Engineers is gearing up to dredge its portion of the San Rafael Canal. The Federal portion of the channel is sixty feet wide and the area outside of that area becomes private property. Now is the time for the private property owners to dredge their portion of the San Rafael Canal when the dredging contractor for the Corps of Engineers is doing the work, as this is an efficient manner to proceed and allows the property owners to get a good price. Mr. Bernardi stated the Corps require having testing of the dredged material already in place as well as hydrosurvey to get a contour of the bottom as it presently exists so they can calculate quantities which the bid documents will be based upon. He indicated because the Corps will only pay a part of it, the property owners have to pay for anything outside of the Corps of Engineers' channel, and because of timing, they have not been able to get the Assessment District formed because of not knowing what the costs would be or what would be involved. Mr. Bernardi mentioned that on May 20, 1987, a property owners meeting will take place with the adjacent residents along the San Rafael Canal who would be involved with the Assessment District for the purposes of getting them to agree to form the district. In the interim, the Corps of Engineers require that funds be advanced by the City to take care of the testing and hydrosurvey. The letter from the Corps of Engineers requests $5,100 in advance to pay for the first phase of hydrosurveying, with the total amount requested being $36,000 to take care of the testing and all of the surveying work now and in SRCC MINUTES (Regular) 5/18/87 Page 4 SRCC MINUTES (Regular) 5/18/87 Page 5 the future. There is a concern that if the Assessment District is not formed, the City will be out the $36,000. He stated some commit- ments have been received that if, in fact, the Assessment District is not formed, the City would be reimbursed the $5,100. Mr. Bernardi recommended the Council adopt the Resolution authorizing the expenditure of $36,000 from unappropriated reserves and condition that authorization subject to the successful formation of the Assessment District; said funds are to be reimbursed to the City upon formation of a dredging assessment district. Councilmember Frugoli moved and Councilmember Breiner seconded, to adopt the Resolution authorizing appropriation of $36,000 from unallo- cated reserves to conduct survey and testing work for dredging of the private property adjacent to San Rafael Canal, on the condition that the Assessment District is formed by the property owners. RESOLUTION NO. 7539 - AUTHORIZING THE APPROPRIATION OF $36,000 FROM UNALLOCATED RESERVES TO CONDUCT SURVEY AND TESTING WORK FOR DREDGING OF THE PRIVATE PROPERTY ADJACENT TO SAN RAFAEL CANAL AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Willms seconded, to adopt the Resolution authorizing the Mayor to sign the agreement with The United States of America to conduct a hydrosurvey of the Non -Federal portion of the San Rafael Canal, with an immediate advancement of $5,100.00. RESOLUTION NO. 7540 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE UNITED STATES OF AMERICA TO CONDUCT A HYDROSURVEY OF THE NON-FEDERAL PORTION OF THE SAN RAFAEL CANAL (Cost: $5,100). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Mulryan referred to dredging upstream in the Federal area having resulted in a wall of mud at Grand Avenue which accelerates the silting process. He noted the City is exploring ways to take care of the problem aesthetically and have a deeper area. Public Works Director Bernardi indicated he would be coming back to Council with more information on the matter including costs involved and options to reduce the cost amount. There being no further business, the meeting was adjourned. JEANNE 6 LEONCINI, 1ty Clerk APPROVED THIS DAY OF 1987 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 5/18/87 Page 5