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