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HomeMy WebLinkAboutCC Minutes 1987-08-17SRCC MINUTES (Regular) 8/17/87 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 17, 1987 AT 7:00 PM. Regular Meeting: CLOSED SESSION CLOSED SESSION TO DISCUSS LABOR NEGOTIATIONS - File 1.4.1.a 1. No. 87-16(a) - (#7). No reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None. CONSENT CALENDAR 2. Approval of Minutes of Special and Regular Meetings of August 3, 1987 (CC) 3. Resolution Authorizing Execution of License Agreement Concerning Mueller/ Nolte Properties - End of Ridgewood Drive (Re Open Space Acquisition) (PW) - File 2-1-75 x 13-14-1 4. Amended Agreement between City and San Rafael Sanitation District for Transfer of City's Sewer Collection System to District (PW) - File 4-12-8 x 4-12-5 x 4-12-6 6. Authorization to Call for Bids - 349 Mountain View Avenue Drainage Improvements (PW) - File 4-1-412 9. Authorization to Call for Bids - Pickleweed Park Levee Repair Project (PW) - File 4-1-413 12. Community Development Block Grant Program; Open Letter to Congress Supporting Future Funding (CM) - File 147 x 9-1 8:00 PM ACTION Approved as submitted. RESOLUTION NO. 7592 - AUTHORI- ZING THE SIGNING OF A LICENSE FOR SPECIFIED USE RELATIVE TO THE PURCHASE OF OPEN SPACE LANDS AT THE END OF RIDGEWOOD DRIVE (with Horst and Ingeborg Mueller and Heinz and Hannelore Nolte) RESOLUTION NO. 7593 - AUTHORI- ZING EXECUTION OF AMENDED AGREEMENT BETWEEN CITY AND THE SAN RAFAEL SANITATION DISTRICT FOR TRANSFER OF CITY'S SANITARY SEWER GRAVITY COLLECTION SYSTEM TO THE DISTRICT (Re City agreeing to hold harmless, indemnify, etc. District from all claims, lawsuits, etc. in performing City's maintenance responsi- bilities) Approved staff recommendation. Approved staff recommendation. (Community Development Block Grant funds available in amount of $30,000). Approved staff recommendation to include City of San Rafael as a Signer Urging 100th Congress to Adopt Housing Legislation in 1987. 13. Alternate Representative Amendment to Approved staff recommendation California Joint Powers Insurance authorizing designation of Authority (CM) - File 4-10-202 Suzanne Golt, Assistant to the City Manager, as alternate member. 14. Legislation Affecting San Rafael (CM) - Accepted report. File 9-1 15. Claim for Damages: Approved City Attorney's recommendation for denial Dora Lee Simeone (PW) - File 3-1-1260 of claim. SRCC MINUTES (Regular) 8/17/87 Page 1 5. 7. SRCC MINUTES (Regular) 8/17/87 Page 2 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Frugoli (from Item #2 only due to absence from meetings of August 3, 1987) BID OPENING AND AWARD OF CONTRACT - DRAINAGE AND FOUNDATION IMPROVEMENTS AT 335 FORBES AVENUE (PW) - File 4-1-409 Public Works Director Bernardi responded to Mayor Mulryan's concern on the costs involved with the bid as presented tonight, stating that subsequent to the preparation of the staff report, staff met with the City Attorney's office to revise the Resolution to reject the bids and direct staff to reseek bids for the project with the scope of the project to be revised. This was done because the bid was way over the engineer's estimate and available funding. Mr. Bernardi added that the City Attorney indicated he would discuss the issue with the claimant and noted that the action is appropriate. Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt the Resolution as revised. RESOLUTION NO. 7594 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REJECTING BIDS FOR PROJECT ENTITLED "335 FORBES AVENUE DRAINAGE AND FOUNDATION IMPROVEMENTS" AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AGREEMENT WITH CORPS OF ENGINEERS RE DREDGED DISPOSAL SITE AT ALCATRAZ (PW) - File 6-44 Mayor Mulryan stated a request was made by Mr. Fred Grange to use a local site for the dredged spoils instead of Alcatraz which could possibly save the City money. Mr. Fred Grange, owner of Mud Cat, Inc. in San Rafael stated he has been working with Public Works staff on possibly disposing the dredged spoils on land (Spinnaker Point) rather than in the bay at Alcatraz. He noted the plan could reduce the cost by $200,000 depending on the amount of yardage from private dredging. In meetings with staff, owners, project engineer, soils engineer and City Engineer, they were all in agreement that the plan is viable. However, Mr. Grange indicated that this afternoon a technicality was discovered which would cause a delay beyond the time where savings could have been realized. This involved a modification to the existing fill permit to allow fill materials to be pumped rather than trucked onto the site. Mr. Grange therefore requested that the item be approved to allow the process to go forward with the Corps of Engineers but at the same time he requested that the Planning staff expedite the alternate proposal to be approved by the Zoning Administrator in time to obtain the savings. Mr. Grange indicated this may involve services of an outside consultant for some environmental work and that he is willing to pay the fees involved. Planning Director Moore stated it is within the jurisdiction of the Zoning Administrator to act on the modification of the fill permit and indicated it is important that the project proponents, among them the City, consult with nearby property owners should there be objections to the proposal. This would allow the City to know of the objections early and mitigation conditions of approval could be taken. RESOLUTION NO. 7595 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING EXECUTION OF AGREEMENT WITH THE UNITED STATES OF AMERICA FOR USE OF DISPOSAL SITE AT ALCATRAZ - SAN RAFEL CANAL DREDGING ASSESSMENT DISTRICT NO. 1 (With staff to expedite the possibility of having dredged spoils on land at Spinnaker Point rather than at Alcatraz) SRCC MINUTES (Regular) 8/17/87 Page 2 SRCC MINUTES (Regular) 8/17/87 Page 3 AYES: MEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None 8. EXTENSION OF TIME RE DOMINICAN ESTATES SUBDIVISION (PW) - File 5-1-259 Mayor Mulryan called upon Mrs. Ursula C. Davidson of 134 Linden Lane who spoke of her and other residents' concerns regarding drainage affecting a hill above their homes that has been denuded of trees, indicating the existing drain is completely covered. She commented they have had many conversations with the parties building the site as well as multiple phone calls and have submitted several letters. Mrs. Davidson asked that Council deny the extension of time for comple- tion of the improvement work in the Dominican Estates Subdivision until the requests made by the residents are met. Public Works Director Bernardi responded that staff has been working with the homeowners on the drainage issue and stated he felt they could reach some kind of resolution before the rains come but indicated that should the Council deny the extension of time, it would be more counter-productive than productive in this case. Staff needs the ability to force the developer into taking action and to do this the City would have to cash the bonds which have been posted as security for the improvements. He stated if Council does not approve the extension, staff would not have an agreement, bonds or insurance and any hold the City has on the Developer would be minimized. Mr. Bernardi recom- mended Council approve the Resolution, if not for the one year extension of the agreement, then for two or three months, at which time staff would bring a status report back to Council who could then extend it further. He noted if Council indicates to staff that the developer has to take positive action before the rains begin, staff will transmit this to them. Councilmember Willms asked if the extension of time could be passed with an addition whereby a date would be included and if not done by that date, the City would then have the Public Works Department do the work and the bonds would be used for that purpose. City Attorney Ragghianti pointed out that his experience with bonds as improvement security has been less than satisfactory. Therefore, if Council states the work is to be accomplished by October 15, 1987, the City may be able to move on it but he was not certain the bonding company will permit that to happen without some intervention on his part. Mr. Ragghianti referred to a similar problem in Tiburon which took several months to work out. In response to Mayor Mulryan's suggestion that authority be given staff to retain the security and commence the work, Mr. Ragghianti suggested that it would be fine, but that if a specific date is set, staff be directed that should the work not be performed by that date, staff could make immediate demand on the security. Mr. Bernardi stated the work could be done by October 15, 1987. Mrs. Grace Imes, resident of Linden Lane who lives at the foot of the hill, spoke against granting the extension of time. Mrs. Anita Strom of 260 Linden Lane, resident beneath the hill, spoke against granting the extension of time. Mr. E.R. Cullen of 243 Linden Lane, spoke against granting the exten- sion of time. In response to Mayor Mulryan's concern of having the problem worked on between now and the rains, Mr. Bernardi stated that when the project was first approved, there were certain improvements required to be constructed as part of the subdivision improvements. Staff fully intends to have the drainage items in the approved plans constructed. He pointed out that the original approvals never contemplated a complete storm drain system to be installed from Mountain View Avenue up to where this project is at Linden and Worthington Lanes. Staff is able to SRCC MINUTES (Regular) 8/17/87 Page 3 SRCC MINUTES (Regular) 8/17/87 Page 4 operate under what was originally approved and they fully intend to make sure these issues are addressed and the drainage improvements from the top of the hill down to Mountain View Avenue will be taken care of by October 15, 1987. Mr. Bernardi suggested meeting with the homeowners to show them what the City has on file which might alleviate their concerns. Mr. Grant Atken of 250 Linden Lane, agreed with the previous speakers. He suggested that Council look at the site to see what the situation is really like. Acting City Manager Marcucci suggested that because there is a differ- ence of perception as to what the neighborhood thinks is going to happen and what is in the plans, it might be helpful to have the devel- oper come to the next Council meeting of September 8, 1987 and explain the work he is planning to do. Councilmember Breiner referred to Dr. Paul Davidson's letter where he was told that Linden Lane would be repaved this summer, stating she did not recall seeing it listed, but if berms were put in, that would provide further protection for the properties. Mr. Bernardi stated he would check on this. Mayor Mulryan stated that this item would be continued to the next meeting of September 8, 1987, requesting from staff a full statement of what is needed, with the developer to be present and invited the residents to take part in that meeting. 10. APPROVAL OF 1987/88 CITY VEHICLE REPLACEMENT LIST (CM) - File 9-3-80 In response to Mayor Mulryan's concern about some Police Department cars having only 40,000 miles, Police Chief Ingwersen stated their cars are purchased through the State bid process before June 30th of each year; however, cars are replaced after that date. He indicated by the time of bid, the cars to be replaced have either reached 75,000 miles or over, adding that policy guidelines call for replacement of police patrol and undercover vehicles upon reaching 75,000 miles. Councilmember Nave moved and Councilmember Frugoli seconded, to approve staff recommendation and that staff report back to Council for approval and award of all bids. In response to a question by Councilmember Breiner as to what the amount is in the replacement account, Administrative Assistant Alan Harry indicated it is just under $400,000 and the total cost to replace the vehicles for 1987/88 is $330,500. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. RESOLUTION AUTHORIZING MAYOR TO SIGN CONTRACTS FOR CONSULTANT PLANNING SERVICES (P1) - File 4-3-185 x 10-2 Councilmember Frugoli was concerned about hiring consultants when the City's planners terminate and wanted to know what the costs will be to hire consultants for the next six months. Planning Director Moore responded that hourly rates are typically between $45/$60 per hour depending on which person in the firm is working on the project, but would probably average $55/$60 per hour. She indicated several developers have been paying this amount to help facilitate the processing of their projects. These costs will be funded out of unspent monies that would otherwise be used on salaries, noting the City has not had to expend funds in this manner except for the General Plan. Councilmember Nave agreed with concerns about the Planning Department staff turnover but indicated there is no choice at the moment but to hire a consultant. SRCC MINUTES (Regular) 8/17/87 Page 4 SRCC MINUTES (Regular) 8/17/87 Page 5 Councilmember Breiner stated for the record, that Planning Department staff become highly trained and skillful at their profession indicating that private developers recognize their expertise and therefore offer them more money and perhaps a more prestigious position. She commented that some staff who are in a lower echelon here become Senior Planners elsewhere, and added it is both a pleasure and a problem and Council should be aware of the intricacies involved. Councilmember Willms commented that a program should be set up to either restructure or restaff the Planning Department as soon as possible and that a consultant definitely should be hired. Assistant to the City Manager Golt reported on the recruiting for two Associate Planners and an Assistant Planner which has been completed; a Planning Technician is underway and soon a Principal Planner recruit- ment will take place. Ms. Golt indicated recruitment has been widely advertised, noting many agencies are now recruiting for planning posi- tions, causing high level competition, and adding the positions of Assistant Planner and Associate Planner should be filled shortly. RESOLUTION NO. 7596 - RESOLUTION AUTHORIZING THE SIGNING OF AGREEMENTS WITH QUALIFIED PROFESSIONAL PLANNING CONSULTING FIRMS AND INDIVIDUALS INCLUDING BUT NOT LIMITED TO BRYAN AND MURPHY ASSOCIATES, INC., FORSHER + GUTHRIE AND JOHN ROBERTO ASSOCIATES AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. PUBLIC HEARING - PROTEST HEARING - SAN RAFAEL CANAL DREDGING ASSESSMENT DISTRICT NO. 1: (PW) - File 6-44 a. RESOLUTION OVERRULING PROTESTS b. RESOLUTION APPROVING REPORT AND ASSESSMENT c. RESOLUTION ADVANCING $75,000 FROM UNAPPROPRIATED RESERVES Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi stated this is the last step in a series of actions Council has taken regarding the formation of the San Rafael Canal Dredging Assessment District No. 1. Prior to any official action being taken by Council, meetings with property owners were held between City staff and a number of consultants. Mr. Bernardi indicated the purpose of tonight's meeting is to consider any and all protests or objections to the proposed improvements to dredge the Federal portion of the Canal and the extent of the Assessment District on the proposed assessments. He stated after considering all comments made and at the conclusion of the public hearing, if Council wishes to move forward, the Bond Counsel recommends that Council adopt the Resolution Overruling Protests received, written or oral; adopt the Resolution Approving Report and Assessment and adopt the Resolution Advancing $75,000 from Unappropriated Reserves to barge the material to Alcatraz. Mr. Bernardi indicated that the Corps of Engineers requires the City to have the $75,000 submitted by Thursday, August 20th with bids to be opened on Friday, August 21, 1987 for the project, noting the $75,000 will be reimbursed to the City through the Assessment District upon selling the bonds. He stated there is a 30 day cash collection period that needs to occur prior to any bonds being sold. He also noted the Council indicated at the last meeting that it would look favorably upon buying the bond for this particular district, which is another way the City can save the homeowners some additional funds for bond printing, bond discounts and reserve funds. Those funds do not have to be included in the district if the Council were to purchase a bond for $104,000. In response to Mayor Mulryan's question if action was taken would it include definition of all properties that will be in and thereafter no futher discussion would take place as to who would be in and who would not, Mr. Bernardi responded affirmatively. SRCC MINUTES (Regular) 8/17/87 Page 5 SRCC MINUTES (Regular) 8/17/87 Page 6 Mr. Bernardi explained if a property fronted on the canal, it would be included in the district. In response to Mayor Mulryan's information from Dr. Aby who objected because his property does not front the canal, Mr. Bernardi responded if his property does not front on the Canal he should not be in the district and this will be taken care of. Councilmember Nave referred to a letter from P. G. Miller who lives across the street from the canal, and Mr. Bernardi indicated he also should not be included and that too will be taken care of. In regard to the Montecito property, Mr. Bernardi stated their property fronts on the canal and as part of the settlement of Allardt's Canal, Montecito deeded the trust of those lands immediately adjacent to their property to the City. It was explained to him that Montecito will lease part of that property from the City as part of their overall development plan and as a result, Assistant Executive Director Ours of the Redevelopment Agency feels it is appropriate they be included. Councilmember Frugoli indicated Montecito has not as yet made a deal with the City, stating the City got the property as part of the sale of the Montecito Shopping Center, but we do not know in fact if we will lease it to them or someone else. Mr. Frugoli felt the City should bear that cost until such time it is leased back to Montecito or whoever, then the money could be included into the lease over a three to five year period. Mr. Dominic Selmi, consultant on the project, stated that Montecito acquired the property from the City about 1955 when it was then a Yacht Harbor. Montecito developed it and in 1965 a survey was made, known as Allardt's Canal, and it was discovered the old canal went through their property. There was a "clouded title" through the middle of Montecito Shopping Center on dry land and not on the water. Mr. Dennis P. Fisco, one of the general partners and new owners of the Montecito Market Place Associates stated they were assessed approxi- mately $7,000. He stated as part of the settlement of the Allardt's Canal project, they deeded to the State, with the City acting as Trustee to the State, approximately 45,000 square feet of land lying between mean high tide and roughly the construction line in the Canal. Under- standing they were trading "clouded title" on approximately 45,000 square feet of land in the parameters of the shopping center property, they, through the sellers, gave the State $103,000 as part of the settlement. Another aspect is that they are encumbered with a lease to Marin Engineering on a dock they have out in the Canal and as part of the settlement they master leased back that portion of the Canal property that underlies that dock to provide their lessee with the use of the dock. Mr. Fisco indicated he would not protest any assessment on the portion they are leasing back from the City but agreed with Councilmember Frugoli's comments that the City has the right to lease the balance of the property to whomever it pleases and they would like to be the ones who receive the lease, but there have been no discussions held to date. Mr. Rudy Lindquist, Commodore of the Marin Yacht Club read a letter protesting the method of allocation of assessment. In response to Mayor Mulryan's question as to the method being used now as opposed to the past, Mr. Bernardi referred to the map showing the properties assessed and pointed to the outside of the dark blue area, stating each of the property owners had previously paid for their own dredging and that no assessment district was formed. He noted the last time the City arranged to use the disposal site referred to earlier by Mr. Grange so there was no extra cost to haul the spoils to Alcatraz. Mr. Bernardi stated a number of factors were taken into consideration when the assessments were calculated for each individual property. Parcel size,square footage of improvements, and front footage on the Canal were used, and each of these different factors were weighted so there was a certain amount attributed to each property. He indicated SRCC MINUTES (Regular) 8/17/87 Page 6 SRCC MINUTES (Regular) 8/17/87 Page 7 the larger the parcel the bigger the assessment, and although some people felt this to be unfair, it was the best method staff could do to fairly spread the costs around. Mr. Lance Lowrie, of Lowrie's Yacht Harbor also protested the assessment, noting he has 120 berths and is being assessed $11,200 which makes it almost impossible for him to amortize the cost into the berth rents. He also presented a letter of protest to City Clerk Leoncini. Mr. L. E "Bud" Weisenburg, Jr. of 29 Sorrento Way, who indicated he has filed litigation against the City on this matter and noted the first hearing will be heard on August 27, 1987 in Superior Court, stated he believes the use of the assessment district is an improper use of the Improvement Act, and is concerned on the precedent being set by formation of an assessment district. Instead, he suggested the basis of assessment should be based on the number of boats using the Canal with an ongoing yearly tax levied to be used for the complete Canal dredging. Mr. Weisenburg also mentioned some people were never told the City is planning a second assessment district, using the same basis, to widen the Canal to 120 feet, which he stated will not benefit his property or his neighbors' property. He also asked why the City has not sought funds from the State and the County. In response to Councilmember Willms' question as to what the City contributed, Mr. Bernardi responded it was almost $53,000. In response to Councilmember Frugoli's question as to the percentage needed for an assessment district, Mr. Daniel Bort, Bond Counsel, stated if there was a majority protest it would need to be 50 percent plus one. Mr. Bernardi stated that one of the first proceedings which took place because of the importance of this project, was to begin the process without the 60 percent petitions, noting that at that time he made a statement saying it was in the public's interest, health and safety for the Council to proceed with this project without the 60 percent petitions being received, which was recommended by Bond Counsel as a way for the City to proceed. Mr. Bill Garvey who operates the San Rafael Yacht Harbor, supported Mr. Weisenburg's comments and protested the assessment based on the parameters used, noting every property in the City should be assessed. Mr. Alan Larkins of Newport Homeowners Association along the Canal, stated after attending extensive meetings and working with the City staff, they are 100 percent in favor of the dredging. Mr. Dominic Selmi, noting he was speaking for Michael Cheney who had to leave the meeting early, stated the method used on spreading assess- ments for the district was that each parcel within the district was looked at within the border of Third Street/Point San Pedro Road and East San Rafael with the Canal in between. A value was obtained for parcel size, improvements constructed and front footage on the Canal, with each being given equal value on a prorated basis, arriving at an adjusted number. Mr. Selmi then explained the method of the assessment spread from the Engineer's Report: Single family lot, unimproved, valued at .8. Single family improved lot with a house at 1. Single family unimproved lot at .6. Single family improved but not on the water .6. Single family not improved and not on the water .6. Multiple family unimproved on the water .9. Multiple family improved on the water 1.2. Multiple family improved but not on the water .8. Commercial water dependent, improved, on the water 1.3. Commercial non -water dependent, improved and non -water .3. Commercial non -water dependent, improved, .1. Commerical marina 1.3. Yacht Club Commercial 1.3. Yacht Club Facilities (such as the building in San Rafael Basin) 1. Open Water .8. SRCC MINUTES (Regular) 8/17/87 Page 7 SRCC MINUTES (Regular) 8/17/87 Page 8 He stated everyone is being assessed on benefits received. He further stated for the record that as the Canal sits now with no dredging, it will not cause flooding at the present time, as the dredging is not needed for drainage - it is needed for navigation. Mr. John Reed of 6 Harbor View Court, was uncertain if he was being assessed or not and indicated he had just completed building a seawall to keep the Canal out of his property because he was flooded 11 times. Mr. Reed also stated he was protesting the assessment and had sent a certified letter of protest to the City. Staff was directed to look into this. Mr. Richard Harris, property owner along the Canal opposed being assessed and asked why they are being assessed now as they have never been assessed before? He also indicated with the second assessment ahead, he would like to know what the costs will be per property. Mr. Bernardi responded that figures on the second district will not be available until the Corps of Engineers opens the bids this Friday, and when that is done, property owners will be provided with information as to whether or not they wish to form the district. He indicated Council made it clear that the first district was important for the area and the second district was subject to the wishes of the community and if they decided they did not want to form the district the Council would take no further action. Mr. Osborn who resides in the Newport section, commended the Council in their effort to have the dredging done. Mr. Roger Ellis, representing people in the Marina Vista Tract area stated he is not protesting the first assessment but might protest district number two. He indicated that they dredge their own canal including the center line and the private property areas on each side of the center line. He stated the whole of the City of San Rafael benefits to some degree and some long range planning should be done to keep the Canal open. Mr. Ellis felt all residents of the City should be taxed. There being no further comments, Mayor Mulryan closed the public hearing. Councilmember Frugoli asked if Council adopts the Protest Resolution, if the properties of Montecito and Dr. Aby would be excluded with the City picking up their fair share of the Montecito property to be put back into the lease. Mr. Bort responded that would be the understanding and added properties that should not be included in the assessment will be taken out but indicated that the Montecito property may be more difficult but will be looked into. RESOLUTION NO. 7597 - RESOLUTION OVERRULING PROTESTS - SAN RAFAEL CANAL DREDGING ASSESSMENT DISTRICT NO. 1 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7598 - RESOLUTION APPROVING REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT - SAN RAFAEL CANAL DREDGING ASSESSMENT DISTRICT NO. 1 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 7599 - RESOLUTION ADVANCING FUNDS FROM UNAPPROPRIATED RESERVES - SAN RAFAEL CANAL DREDGING ASSESSMENT DISTRICT NO. 1 (In amount of $75,000) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 8/17/87 Page 8 SRCC MINUTES (Regular) 8/17/87 Page 9 17. MARIN COUNTY REVISED DRAFT SOLID WASTE MANAGEMENT PLAN (1985 - 2005) (P1) - File 13-2 Planning Director Moore referred to a memo dated August 4, 1987 from Mr. Rick Borgwardt, Principal Planner, Marin County Planning Department, under 1. Siting Study, in parenthesis, where it states 1989 at the end, implying by what time frame the County -initiated study would need to be undertaken, and asked if Council would be comfortable with that time frame. Ms. Moore also inquired of Mr. Borgwardt, what was the final disposition by the Board of Supervisors on funding the Recy- cling Coordinator's position in the County Budget. Mr. Borgwardt stated the representatives of Redwood Sanitary Landfill have hired consultants to do the Siting Study because they are aware of difficulties in securing permits for the 102 acres authorized by the draft plan. He noted that should Redwood not follow through, the plan policy reference in No. 1 of his supplement would be operative and if Council desired, it could be altered to 1988 in the expectation that if this plan is approved with management board in the autumn of this year 1987, this would be coincident with the otherwise policies of the plan calling for performance standards of Redwood within one year. It was the consensus of the Council that because the 102 acres is a sensitive area that the Siting Study be done. Councilmember Breiner suggested amending the wording of the August 4, 1987 memo by the County, No. 1., second paragraph, third line after would "study." should be ...", no later than the end of 1988.". After further discussion, Council agreed to change the date only, to 1988. Councilmember Willms referred to item 3 - Closure - where it states if Redwood and West Contra Costa sites were to close unexpectedly, the Marin Sanitary Service Transfer Station is capable of processing waste for out -of -County disposal. Mr. Borgwardt responded that a portion of Marin County's waste is now being exported; most of Southern Marin's is currently being disposed of at the West Contra Costa facility and this is expected to continue. He indicated the Transfer Station does have the capacity to move that amount of waste; however, if this were to occur, based upon the permits and titlements issued to that operation by the City, those permits would have to be amended. The City would require additional environ- mental documentation, particularly the impacts of that on traffic and noise, should the worst possible situation arise. He pointed out that one of the other aspects of the modification of the plan is that greater latitudes are provided for the establishment of new transfer facilities. Councilmember Breiner moved and Councilmember Willms seconded, to adopt the Resolution as amended to include wording in the 5th paragraph, last sentence after "Board"..."with the timing for Measure 4-7.4 by the end of 1988". RESOLUTION NO. 7600 - RESOLUTION ENDORSING AND RECOMMENDING ADOPTON BY THE MARIN COUNTY BOARD OF SUPERVISORS OF THE MARIN COUNTY FINAL SOLID WASTE MANAGEMENT PLAN 1985-2005 (as amended) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. DISCUSSION RE ENDORSEMENT OF A POTENTIAL MASS TRANSIT LINK (GUIDEWAY) TO THE PROPOSED SUPERCONDUCTING SUPER -COLLIDER (SSC) PROJECT - File 11-15-1 Mayor Mulryan stated he asked that this be on the agenda not as a sponsor but to question if this would affect San Rafael, and he under- stands this does not. SRCC MINUTES (Regular) 8/17/87 Page 9 SRCC MINUTES (Regular) 8/17/87 Page 10 Council took no action. 19. DISCUSSION OF REAPPOINTMENT OF COUNCILMEMBER TO CATV JOINT POWERS AUTHORITY (JPA) - File 9-7-4 Councilmember Breiner indicated she has been the representative for the City Council on the CATV Joint Powers Authority, which has members from each of the Cities and County other than Novato, and from this group an Oversight Committee is selected which meets quarterly to review the progress of the County's local channels. Councilmember Nave moved and Councilmember Willms seconded, to reappoint Councilmember Breiner to represent the City Council on the CATV Joint Powers Authority. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. REQUEST BY MARIN SYMPHONY FOR CITY TO ASSIST IN UNDERWRITING TWELFTH ANNUAL "POPS IN THE MEADOWS" CONCERT (CM) - File 8-5 Mayor Mulryan stated proponents wished to carry this item over to the meeting of September 8, 1987. 21. DISCUSSION OF REQUEST FOR STREET CLOSURES FROM 6:00 AM SATURDAY, SEPTEMBER 26, 1987 UNTIL 7:00 PM SUNDAY, SEPTEMBER 27, 1987, AT THE FOLLOWING LOCATIONS: FOURTH STREET BETWEEN "B" AND COURT AND "A" STREET BETWEEN FIFTH AVENUE AND THIRD, FOR SAN RAFAEL CHAMBER OF COMMERCE ARTS AND CRAFTS FAIR (PD) - File 11-19 Police Chief Ingwersen stated the San Rafael Chamber of Commerce has requested having an Arts and Crafts Fair on Fourth Street between "B" and Court and "A" Street between Fifth Avenue and Third, and that these streets be closed on the weekend of September 26 & 27, 1987. He indicated the closures would not include the two intersections between "B" and Court but include "A" Street North and South of Fourth Street bounded by the parking lot to the South and the alleyway on Julia Street. Chief Ingwersen noted that Fourth Street traffic would be diverted Westbound on Fourth to go up Court Street and "B" Street traffic would be diverted south to flow East on Second Street. He indicated 100-120 self -standing booths running down the middle of the street will be constructed, leaving a portion of the street and the parking lanes open for pedestrian use and enabling emergency vehicles to pass through. Councilmember Frugoli moved and Councilmember Nave seconded, to approve staff recommendation that the City Council authorize the closing of Fourth Street between "B" Street and Court and "A" Street between Fifth Avenue and Third Street for the San Rafael Chamber of Commerce Arts and Crafts Fair on September 26 and 27, 1987. Said authorization to close the streets contingent upon the City Manager's approval of final plans for the event. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCLIMEMBERS: None 22. DISCUSSION OF CITY COUNCIL GENERAL PLAN REVIEW PROCESS (Pl) - File 115 Mayor Mulryan suggested that Council should go into the field and also meet with the Planning Commission and staff on a workshop basis prior to holding segmented public hearings. Regarding field trips, by using a bus, staff could give Council input with discussions held while they are looking at parcels and overviewing the problems. SRCC MINUTES (Regular) 8/17/87 Page 10 SRCC MINUTES (Regular) 8/17/87 Page 11 Councilmember Frugoli voiced concern that Planning Commissioners at previous public hearings were not responding directly to questions from the public, instead the responses were being given at a later time in writing. He asked that during the next five scheduled public hearings, the Planning Commissioners have an exchange of dialogue with the public. Planning Commission Chairman Al Boro explained they had been accepting public input and comments to the report as it stands and the intent was to accept public testimony and not debate the issues with the public, but have the questions noted and provide a response both to the Commissioners as well as the public. He noted that at any point in time Commissioners have asked the public questions and for informa- tion at previous meetings. Chairman Boro stated at the next round of hearings which is called the "decision making process" the Commission will be literally taking the plan a page at a time, and before the Commission decides anything on a given issue the public will have the opportunity to make any comments they want, with the Planning Commissioners to ask and answer questions. He noted that the record should show that during the first round of meetings held earlier in the year, the Commission had given direction to the staff to change the whole concept of the plan; instead of a total buildout it is now a phased approach. After further discussion, staff was directed to give Council estimates on costs to provide an integrated plan to Council. Staff is to highlight the various major changes made to the plan, i.e., Floor Area Ratios, Circulation, Traffic, Densities, Housing, etc. Planning Director Moore indicated staff would also provide a consolidated Environmental Impact Report document. Council agreed to have a dinner meeting with the Planning Commission at the end of the process to thank them for the time and effort given by the Planning Commission. There being no further business, Mayor Mulryan adjourned the meeting commemorating Councilmember Willms' 50th birthday. JEAN *. LEONCINI,\City Clerk KT APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 8/17/87 Page 11 1987