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HomeMy WebLinkAboutCC Minutes 1984-01-16C SRCC MINUTES (Regular) 1/16/84 Page 1 In the Council Chambers of the City of San Rafael, Monday, January 16, 1984 at 8:00 P.M. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Also Present: Robert F. Beyer, City Manager; Peter J. Muzio, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of the Special Joint Meeting of January 3, 1984 (CC) 2. Resolution of Appreciation - Paul Sasse, Fire Captain, 29 Years 9 months Service (FD) - File 102 Recommended Action Approved as submitted. RESOLUTION NO. 6722. RESOLUTION OF APPRECIATION - Paul Sasse, retired December 21, 1983, 29 years 9 months. Fire Captain 3. Resolution of Findings re Appeal of RESOLUTION NO. 6723 - Handicapped Access Requirements - THE CITY COUNCIL (IN ITS CAPACITY 209 Third Street (PW) - File 13-1-1 AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIRE- MENTS - 209 THIRD STREET. 4. Appeals of Handicapped Access Re- quirements: (PW) - File 13-1-1 a. 633 Del Ganado Road b. 260 Northgate I (Hunt's Donuts) 6. Report Re Issues and Priorities for Library Planning Study (Lib) - File 9-3-61 x 4-13-68 x 4-3-115 Public Hearings were set for February 6, 1984. Accepted report and approved staff recommendations. 8. Request for Authorization for City Accepted staff recommendation to Participate as a Friend of the and authorized City's partici- Court in Litigation Entitled Amigos pation in the court brief being de Bolsa Chica v. Signal Properties, written by the Long Beach City 142 Cal. App. 3d 166 (CA) - Attorney's Office. File 9-3-16 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. STATUS REPORT ON NEIGHBORHOOD 30 PLANNING PROCESS (P1) - File 218 Councilmember Russom asked for a brief explanation of the reason for the basic work to take from February to December, as indicated in the staff report. Planning Director Moore replied that this is a more complex development. This is a much larger neighborhood and there are more difficult issues. Councilmember Russom stated that he is concerned with the timing on this plan because it does impinge on some of the other projects coming up for review. SRCC MINUTES (Regular) 1/16/84 Page 1 SRCC MINUTES (Regular) 1/16/84 Page 2 Councilmember Russom moved and Councilmember Nave seconded, to accept the report with a condition that the time to work on the project be decreased if at all possible. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. REPORT ON INTEGRATED PEST MANAGEMENT PROGRAM FOR ELM LEAF BEETLE (PW). - File 9-3-40 Councilmember Breiner stated that she wished to commend Jerry Hyde, Parks Superintendent, for having decreased the use of pesticides, which is of interest to many people. Also, she was pleased with the dollar savings on this project. Councilmember Breiner moved and Councilmember Nave, seconded to accept the report. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulrya.n NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. BID OPENING AND AWARD OF CONTRACT - 5 USED VEHICLES (GS) - File 4-2-186 Councilmember Frugoli stated he was concerned that the two cars for the Police Department undercover service were priced too high. Mayor Mulryan also expressed his concern. After discussing various options with City Manager Beyer, Councilmember Frugoli moved and Councilmember Nave seconded, to take the following action: That Hertz Corporation be designed as low bidder for one (1) two -door Sedan (Police Department Service), one (1) four -door Sedan forward wheel drive (Vehicle Pool Service), one (1) four -door Sedan (City Manager Service), and that staff be authorized to negotiate a lower price for two (2) four -door Sedans (Police Department Service), for a total price not to exceed $42,612.00. RESOLUTION NO. 6724 - AUTHORIZING THE PURCHASE OF FIVE USED VEHICLES FOR USE AS POLICE DEPARTMENT UNDERCOVER SERVICE, VEHICLE POOL SERVICE, AND CITY MANAGER SERVICE, UTILIZING EQUIPMENT REPLACEMENT FUNDS (As amended). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. REQUEST FROM RADIO CAB COMPANY FOR CERTIFICATE OF PUBLIC CONVENIENCE (FIN) - File 9-9 Mayor Mulryan asked that this item be taken out of order, as he had received a request from Mr. Grey Homen, owner of Yellow Cab Company, to continue the item to meeting of February 6, 1984, to allow Mr. Homen time to confer with legal counsel. Mr. R. Russo pleaded with Councilto allow another cab company to come to San Rafael. He complained of having to wait for long periods of time and having to call the present company several times with promises of assistance, but the cab never came. Because he has a problem walking, Mr. Russo told Council he would write a letter supporting the grant of permit to another company, rather than try to attend the next meeting. Council then agreed to continue item to the next meeting of February 6, 1984. SRCC MINUTES (Regular) 1/16/84 Page 2 SRCC MINUTES (Regular) 1/16/84 Page 3 10. FINAL EIR CERTIFICATION: TS80-4, APPEAL OF CONDITION (s) OF PLANNING COMMISSION APPROVAL FOR 13 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION; AND REZONING (Z81-24) FROM R -1-B-2 & R -1-B-3 TOP-D, IRWIN STREET WEST OF BRET HARTE VILLAGE; HOWARD & HUTSON, OWNERS; R.C. MARTIN, REP. & APPELLANT; A.P. 13-271-29 (P1) - File 5-1-287 x 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed Council on the application for a conventional 13 -lot subdivision which was filed in May 1980. Many meetings have been held by neighborhood groups and the Planning Commission, and much work has been done on this application. The Planning Commission recommended that an EIR be prepared. They re- viewed the access to the property via Lynn Court. This, however, involves encroachment through City -owned open space. The Planning Commission recommended that the applicant concentrate on access to the site from Irwin Street. The draft EIR was prepared and recircu- lated. During review of the EIR, consideration was given to an attached townhouse proposal and a detached single family cluster design. The project has been designed to minimize grading and tree removal and to permit preservation of three acres of valuable hillside for open space. The proposed density is within the current zoning and restrictions of the slope ordinance. In June 1983, Planning Commission held a hearing on the final EIR. The item was continued by the Planning Commission in order to obtain geologic and hydrologic information. Condition (s) of the tentative map, which limits building height to 20 feet from any location from grade, has been appealed by the ap- plicant. Mayor Mulryan asked if the delay was due to the appeal by the appli- cant because of the height limitation. Planning Director Moore replied that that was not the reason. At the time of the Planning Commission hearing, it was determined necessary to obtain more information regarding the Lynn Court access. Last November, the information given to the Planning Commission was deemed adequate, and they recommended approval of the project. Councilmember Breiner asked who would be responsible to pay to clear the roadway if there were landslides in the area. Planning Director Moore replied that on the private improvements, it would be the re- sponsibility of the property owners. Councilmember Breiner asked if that would also apply to the open space easement that the homeowners will maintain, and Planning Director Moore said that it would their responsibility. Councilmember Breiner, referring to drainage, asked about maintenance when it is done by a private group. Is there a risk that maintenance will not be done when the City is not involved. Public Works Director Bernardi stated that there are two drainage systems which are privately maintained in San Rafael. The City has the right to go in and maintain drainage easements if the homeowners do not do it. This is contained in Condition (b) 6 of Exhibit A of the staff report. Mr. Sam Fedeli, 265 Irwin Street, gave Council three photographs of the drainage ditch. He stated that the drainage system does not always work; flooding is aggravated by an already bad system, and is not maintained properly, the result being that his backyard is flooded. Also, he said he has seen children play in and block the drainage, and it is a nuisance but it could also be a tragedy. Mr. Fedeli stated that when drainage is City maintained, the people have a re- course; he feels that these should not be maintained by the home- owners associations. The City should contol that maintenance through a contractor SRCC MINUTES (Regular) 1/16/84 Page 3 SRCC MINUTES (Regular) 1/16/84 Page 4 Councilmember Russom asked Public Works Director Bernardi if under the kind of arrangement the City would make for the maintenance of the drainage, it is true that Mr. Fedeli could call Public Works and ask that the City check the drainage, the City -would have the right to ask the homeowners association that the work be done. Public Works Director Bernardi replied that that is correct. He stated that Public Works would have to contact the homeowners association and if nothing was done, Public Works would take care of the problem, but it is not a standard practice. Mayor Mulryan asked whether Public Works had experienced this pre- viously, and Public Works Director Bernardi said when approval is received ultimately they will make sure that there is someone who is responsible for the people in the neighborhood if there is no one in the homeowners association. Generally the home owners enter into a contract for maintenance of the drainage .ditches with a firm which does this kind of work. Councilmember Frugoli asked if a condition of apphoval could be added in this respect, and Public Works Director Bernardi replied that it could. Mr. Richard Carlsen - 217 Irwin. Objected to the access road from Irwin because of the danger to children at the playground. He said that he had appealed this condition to the Planning Commission, and he hoped that Council would accept the responsibility for locating the access road elsewhere, as a road through a park is not accept- able. Mr. Solis -335 Irwin. Has signed a letter which was sent to Council and wished to reiterate his and other persons' concern on this access road, and he added that Mr. Carlsen is not the only one affected by it. Sue Scott, had not intended to address Council, but wished to lend her support to Mr. Carlsen's objections because he will be affected by extra noise, lights flashing in his windows, trees being removed or dying, etc. David Young - 34 Irwin. Opposed to the Lynn Court access, saying that lights will flash on the windows when cars come down the hill. Jim Graham, stated that the property was donated as open space by the City, and that this open space would now be taken away in order to provide access to the -new project. Councilmember Frugoli moved and Councilmember Nave seconded, to - adopt resolution certifying a Final Environmental Impact Report for Rezoning of Property along Irwin Street West of Bret Harte Village. RESOLUTION NO. 6725 - CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR REZONING OF PROPERTY ALONG IRWIN IRWIN STREET WEST OF BRET HARTE VILLAGE. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner asked whether the City had ever entered into an agreement such as Mr. Fedeli suggested whereby the City would be able to check the work done instead of a private firm. Public Works Director Bernardi replied that this would be very difficult to ad- minister. Mayor Mulryan stated that, particularly because there is a possibility of phazing this project, that a condition be added that the developer be required to engage a firm to do the work, that could be contacted when needed: by the City, but that would be the obligation of the home owners. Councilmember Breiner said that she would like to see this as a condition to be added. SRCC MINUTES (Regular) 1/16/84 Page 4 SRCC MINUTES (Regular) 1/16/84 Page 5 Councilmember Nave stated that there is now a much better drainage system, more safeguards, with City back-up; there are many indi- cations that there will be a much better drainage than there exists at the present time. Councilmember Breiner asked about the responsibility of the drainage, and Public Works Director Bernardi said that Condition (b) (6) of Exhibit A could be modified to reflect the changes the Council wishes. Councilmember Breiner stated that she would like to see this modifi- cation included so that it will be clear to future buyers that this policy was established at this meeting. Councilmember Russom stated that he continued to have concerns about the access. He felt the development does not have a satisfactory access. He asked how many feet there are from the point of access to Mr. Carlsen's house. Paul Jensen, Associate Planner replied that there are fifteen feet. Councilmember Russom asked if the fifteen feet were to the property line or the house itself, and Mr. Jensen said to the house. Cindy Hunt a resident at 334 Irwin referred to the drainage issue. She stated that perhaps the problem is not entirely understood. With buildings on the steep hill, there will be increased runoff. The drainage will not be better, it will be worse and nobody will be responsible when there is unusual rainfall which causes flooding and properties are damaged. We will not have a re- course. Public Works Director Bernardi stated that these consi- derations have been included in Exhibit A under Condition(e),Para- graphs (5) and (6). It says that "Site drainage shall be discharged into an engineered retention system which has been designed to miti- gate increases in the runoff rate during peak storm periods. This system shall be constructed at the base of the project area adjacent to the existing drainage channel." ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R -1-B-2 AND R -1-B-3 (SINGLE FAMILY RESIDENTIAL, MINIMUM SITE AREA 10,000 SQUARE FEET AND 20,000 SQUARE FEET, RESPECTIVELY) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (Irwin Street West of Bret Harte Village) (Pl) - File 5-1-287 x 10-3 The title of the Ordinance was read: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 1/16/84 Page 5 "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R -1-B-2 AND R -1-B-3 (SINGLE FAMILY RESIDENTIAL, MINIMUM SITE AREA 10,000 SQUARE FEET AND 20,000 SQUARE FEET, RESPECTIVELY) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (Irwin Street West of Bret Harte Village), Q1 as amended (Exhibit "A" - Paragragraph (b) (6) ), as follows: •r c o "The CC&Rs for the Homeowners Association shall establish a sink- - ing fund for the future maintenance and/or replacement of facili- tn ties. The association shall contract with a professional firm to o � provide regular maintenance of all on-site'4-facilities. The name co and telephone number of this professional firm shall be made avail- able to the City's Public Works Department. Additionally, the c� City shall have the right to enforce the maintenance of said faci- 4-a C 4- lities at the Homeowner Association's expense." o _P o c an N r E.� Councilmember Frugoli moved and Councilmember Nave seconded to dis- pense with the reading of Ordinance No. 1476 in its entirety and '-a refer to it by title only for the first reading and pass the Ordi- nance to print. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 1/16/84 Page 5 SRCC MINUTES (Regular) 1/16/83 Page 6 Planning Director Moore, referring to appeal of Condition (s) by the applicant, stated that the reason the condition was imposed was mainly for appearance purposes. Mr. Bill Howard, applicant, stated that he did not have access to the maps and drawings available at this meeting. He feels that this height limitation is discriminatory, and that the time to look at the height is during the design review. Mr. Howard also stated that the data in the draft EIR was inaccurate and had been prepared without any contact with the developer. As a result, his firm had to engage an architect. "It was not possible to determine what the EIR consultant had in mind because there was nothing to indicate what we had in mind either. Nowhere in Marin is there a limitation of 20 feet on a hillside projectof this magnitude" he said. Councilmember Nave questioned Planning Director Moore about the statement made by Mr. Howard that this is the only project where the restriction of 20 feet has been imposed on the height of the buildings. She replied that there are many projects where the height has been less than 28 feet, but it should be noted that it is within the City's discretion to determine what is an appropriate limitation. The 20 -foot limitation could be imposed at this time with a clause that at time of design review consideration could be given to higher limitation if feasible. Councilmember Nave said that this might produce a better design, and Councilmember Breiner stated that she liked Planning Director Moore's proposal. Councilmember Breiner moved and Councilmember Russom seconded to deny the Applicant's appeal of Condition (s) of the Tentative Map with a revision that "Building heights to 30' may be allowed pro- vided that findings can be made that the additional height will not have an adverse visual impact on adjacent properties or the neibor- hood. RESOLUTION NO. 6726 - A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING APPEAL OF PLANNING COMMISSION CON- DITION (s) OF TS80-4 (TENTATIVE MAP) FOR THE IRWIN STREET 13 -UNIT RESIDENTIAL DEVELOPMENT; UPPER IRWIN STREET AT HAZEL COURT, AP 13-271-29 (As amended). AYES: COUNCILDIEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 227 THIRD STREET (VITA BUONO DELI) (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed Council on this appeal which is based on the unreasonable hardship the extra expense would cause the applicant, Ms. del Fiorentino. Her intention is to renovate a small space in the Montecito Shopping Center and open a "deli" restaurant. Enlargement of the existing toilet room would require that structural modifications be made to the existing building as one of the walls, which would have to be relocated, supports the roof. The Marin Center for Independent Living has been contacted by mail but no reply has been received from them at this time. Joyce Rifkind asked whether any facility was available for handi- capped persons at the Montecit6 Center at this time. Public Works Director Bernardi replied that he did not know. With no further comments from the public, the public hearing was closed. Councilmember Frugoli moved and Councilmember Breiner seconded, that the City Council, sitting as the Board of Appeals, uphold the appeal on the basis that in this case a handicapped accessible toilet room would represent an unreasonable hardship. Staff was directed to pre- pare an appropriate Resolution with findings and bring it back for adoption at the next meeting -of February 6, 1984. SRCC MINUTES (Regular) 1/16/84 Page 6 SRCC MINUTES (Regula 1/16/84 Page 7 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner added that a message should be conveyed to the owners of the Montecito Shopping Center informing them that there is a law requiring facilities for handicapped persons, and that if further remodeling is done at the Center, this public facility should be added at the Center. 12. APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 11 "G" STREET (MONK'S INN) (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi informed the Council that Mr. J.'Durkin had applied for a permit to modify the kitchen and the entry to the Monk's Inn at an estimated cost of $15,000 to $20,000. The possibi- lity that the existing toilet rooms could be made accessible to handi- capped persons by converting them to "single accommodation" toilet rooms has'�been discussed but it does not seem possible because the toilets available are the minimum the Plumbing Code allows. Cost to enlarge the existing toilet rooms to comply with the State regulations is estimated at $20,000 to $25,000, and the work would require en- croaching on the bar area and replumbing toilet rooms. Mr. J. Durkin, representing the Monk's Inn, has filed an appeal. The Marin Center for Independent Living has been notified and their representative feelsthat the improvements are not warranted at this time. With no comments from the public, the public hearing was closed. Councilmember Nave moved and Councilmember Breiner seconded, that the City Council, sitting as the Board of Appeals, uphold the appeal on the basis that in this particular case, the provision of handicapped accessible toilet rooms would represent an unreasonable hardship. Staff was directed to prepare an appropriate Resolution with findings and bring it back for adoption at the next meeting of February 6, 1984. 13. CONSIDERATION OF ACCEPTANCE OF DEED - SAN RAFAEL SANITATION DISTRICT (RA) - File 2-17 Redevelopment Program Manager Ours informed Council that the San Rafael Sanitation District had requested that the City exchange City -owned property. The Council had held a Public Hearing on the matter on October 3, 1983 at which time, Ordinance No. 1467 was passed to print and adopted on October 17, 1983. Independent ap- praisals have been conducted and both appraisals have indicated that the two parcels have an equal square foot value. Councilmember Breiner moved and Councilmember Russom seconded to adopt Resolution No. 6727 authorizing Acceptance of Conveyance of Real Property from the San Rafael Sanitation District. RESOLUTION NO. 6727 - AUTHORIZING ACCEPTANCE OF CONVEYANCE OF REAL PROPERTY FROM THE SAN RAFAEL SANITATION. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. FLOODING IN EAST SAN RAFAEL: (PW) - File 4-2-185 A. Proposed Acquisition of Three (3) Emergency Generators B. Discussion Re Levee Improvements Mayor Mulryan stated that in reviewing Public Works Director Bernardi's staff report, there was mention of involving an outside engineer to review the report prepared by the consultant because of the high costs of repair and the urgency to correct the situation. Mayor Mulryan stated that he approved of this suggestion because through the many meetings with residents and businesspersons from the Canal Area, it has been clear that something needs to be done as early as possible. SRCC MINUTES (Regular) 1/16/84 Page 7 SRCC MINUTES (Regular) 1/16/84 Page 8 Public Director Bernardi reviewed briefly some of the facts: Three pump stations require generators for emergency services. The locations are Kerner -Canal Pump Station (which has space for the generator); The Mosquito Abatement Pump Station, would require more land for the installation of a permanent generator; and the Rossi Pump Station where, because of the implementation of the Storm Drainage Master Plan recommendation that the pump station be re- located, it does not seem appropriate at this time to install a permanent generator. The alternative is to rent a generator and a truck to carry the generator. Prices for these would total approxi- mately $5,000 per month. In addition, the control panel for the pump must be modified to accept the electric connection from the portable generator and provide internal switching gear to use when there is power failure from PG&E. Mayor Mulryan asked whether it was better to buy or rent the gener- ator. Public Works Director Bernardi said that it is recommended to lease -purchase, or rent a generator until the City buys it's own, but regardless of the way the generator is obtained, it will be necessary to install the switching gear. There were a few more questions from Councilmembers, and one in particular from Councilmember Russom regarding his concern about the surge problem at the Rossi pump. Public Works Director Bernardi replied that the only way to correct that situation is to .reloc-ate the pump,station. Councilmember Breiner moved and Councilmember Nave seconded to adopt staff recommendations . w;tth ,amendment to b . , as follows: a. Council to authorize staff to seek competitive bids for instal- lation of an emergency standby generator at the Kerner -Canal pump station. b. To modify the existing control panel and install switching gear at the Rossi Pump Station,to include lease -purchase of the generator. C. To investigate the cost of purchasing additional property for the installation of a generator at the Mosquito Abatement Pump Station. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Regarding the Levee Improvement subject, Public Works Director Bernardi reviewed the problem. The original levees (between Harbor Center and Pickleweed Park), were constructed under an assessment district ap- proximately 25 years ago. The levees have settled about two feet during that time, with their present elevation low enough to be over- topped during periods of extreme tidal and wind conditions. En- croachment permits issued to developers of buildings adjacent to the Canal area prevented the City from maintaining the levees in easements of buildings. Provisions for the repair and maintenance of the levees have been made in the Storm Drainage Master Plan, and they include the installation of locks at the mouth of the San Rafael Canal. This has cost implications, and it would take approximately 7 to 10 years to be implemented. There must be some immediate interim work to correct the existing situation. One option is to consider the review of the whole drainage question by another engineering firm, to provide a fresh perspective on the whole issue of flood protection. Councilmember Breiner said she thought the Corps of Engineers was supposedly doing a study of the levees also, and Public Works Director replied that this was true and that he and Mr. Beyer were going to meet with the Corps this week and a time schedule would be discussed. SRCC MINUTES (Regular) 1/16/84 Page 8 SRCC MINUTES (Regular) 1/16/84 Page 9 Mr. Dan Seright, East San Rafael businessman, stated that he felt Mr. Bernardi had done a good job. He asked Council to hire a con- sultant engineer. He stressed the urgency of getting the repairs made on the levees and hoped that the good weather would not allow - Council to forget the problems on the rainy days. Mr. Whitey Litchfield, property owner in East San Rafael, stated that he was one of the first owners/developers of that area and owns land which has been flooded by as much as 4 feet of water. Businesses have suffered great losses,. He urged the Council to take action, because his properties are disintegrating. Councilmember Frugoli moved and Councilmember Nave seconded, to authorize staff to proceed with a site -by -site investigation of the levee system within City jurisdiction and report back to the Council with specific recommendations for the repair of same, the site in- vestigation shall be completed within two months. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom moved and Councilmember Nave seconded to authorize staff to take necessary steps to seek bids from a quali- fied hydrolic engineering firm to perform the further studies that are needed in the Canal Area. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS:. None 15. PRESENTATION OF DKS REPORT RE EAST SAN RAFAEL (PW) - File 4-3-114 Following a short discussion, the motion was made: Councilmember Frugoli moved and Councilmember Russom seconded to accept the report and approve utilization of the traffic model. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom requested that future reports of this nature be written in a simpler and more concise style. 16. SECOND READING AND ADOPTION OF ORDINANCE NO. 1473 - PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY (RA) - File 2-7 k 2-10 The title of the Ordinance was read: "ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY (to Fred -Grange)' Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1473. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mylryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1474 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFER- ENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM "U" AND P -C -M (UNCLASSIFIED AND PLANNED COMMERCIAL LIGHT INDUSTRIAL) DISTRICTS TO P -D (PLANNED DEVELOPMENT ) DISTRICT - (Francisco Boulevard, South of Pelican Way) (Bayview Business Park) (P1) - File 10-3 SRCC MINUTES (Regular) 1/16/84 Page 9 SRCC MINUTES (Regular, 1/16/84 The title of the Ordinance was read: Page 10 "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM "U" AND P -C -M (UNCLASSIFIED AND PLANNED COMMERCIAL LIGHT INDUSTRIAL) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (Francisco Boulevard, south of Pelican Way) (Bayview Business Park)" Councilmember Frugoli moved and Councilmember Breiner seconded to dispense with the reading, to refer to it by title only, and adopt Ordinance No. •1474. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. SECOND READING AND ADOPTION OF ORDINANCE NO. 1475 - AMENDING THE SAN RAFAEL MUNICIPAL CODE, TITLE 5, TRAFFIC REGULATIONS, BY ADDING NEW CHAPTER 5.34 PROHIBITING SKATEBOARDS, ROLLER SKATING, AND BICYCLES IN CERTAIN AREAS WITHIN THE CITY WHERE APPROPRIATELY SIGNED, AND AMENDING SECTION 5.12.020 MAKING A VIOLATION OF THE ABOVE PROHI BITION AN INFRACTION (PD) - File 11-27 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING THE SAN RAFAEL MUNICIPAL CODE, TITLE 5, TRAFFIC REGULATIONS, BY ADDING NEW CHAPTER 5.34 PROHIBITING SKATEBOARDS, ROLLER SKATING, AND BICYCLES IN CERTAIN AREAS WITHIN THE CITY WHERE APPROPRIATELY SIGNED, AND AMENDING SECTION 5.12.020 MAKING A VIOLATION OF THE ABOVE PROHI- BITION AN INFRACTION. Councilmember Breiner moved and Councilmember Nave seconded,to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1475. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILFEMBERS: None 19. RESOLUTION AMENDING RESOLUTION NO. 6715 RESTRICTING SKATEBOARDS, ROLLER SKATES AND BICYCLES IN THE THIRD & "A" PARKING STRUCTURE (PD) - File 11-27 City Manager Beyer informed the Council that since the approval of Resolution No. 6715 restricting usage of skateboards, roller skates and bicycles on Fourth Street in San Rafael, it has been discovered that a problem exists at the new Third & "A" Parking Structure with skateboards, roller skates and bicycles being used within the structure. A resolution amending the Resonation No. 6715 has been prepared for Council's review and approval, which Resolution would restrict further the use of skateboards, roller skates and bicycles in that garage. Councilmember Breiner moved and Councilmember Nave seconded to adopt a Resolution amending Resolution No. 6715 establishing the list of sidewalks, streets, and other areas within the City where the use of skateboards, roller skates, and bicycles is restricted (to include Parking Structure on Third Street between "A" and "B" Streets). RESOLUTION NO. 6728 - AMENDING RESOLUTION NO. 6715 ESTABLISHING THE LIST OF SIDEWALKS, STREETS, AND OTHER AREAS WITHIN THE CITY WHERE THE USE OF SKATEBOARDS, ROLLER SKATES, AND BICYCLES IS RESTRICTED (TO INCLUDE PARKING STRUCTURE ON THIRD STREET BETWEEN "A" AND "B' STREETS). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 1/16/84 Page 10 SRCC MINUTES (Regular) 1/16/84 Page 11 20. CONSIDERATION OF MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS (MCCMC) NEEDS LIST FOR SAN FRANCISCO FOUNDATION (CM) - File 113 Councilmember Breiner explained that the list offered for con- sideration by Council is to see mainly if there are projects that have directional concerns. Councilmember Nave stated that he would like to see "Playfields" included under Recreation & Parks. Councilmember Frugoli requested that high priority be given to the 101 Corridor Study. Councilmember Frugoli moved and Councilmember Breiner seconded to approve Marin County Council of Mayors & Councilmembers Needs List for San Francisco Foundation, with the additions of Playfields under Recreation & Parks, and a high priority to the 101 Corridor Study. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. CONSIDERATION OF IMPACT OF AB866 ON LARGER TRUCKS USING LOCAL CITY STREETS (CM) - File 9-1 Councilmember Breiner had requested information on any possible impacts of AB 866 which became law in June 1983. Concerns were raised about impacts on City streets and turning radius needed for longer and wider vehicles. Assistant City Manager Pamela Nicolai stated that since streets and highways in Marin County do not fall within the category of roads where these larger vehicles are allowed, there will be no impact. 23. REQUEST BY MARIN ASSOCIATION OF PUBLIC EMPLOYEES (MAPF) TO RECOGNIZE THE THIRD MONDAY IN JANUARY AS MARTIN LUTHER KING, JR. HOLIDAY (CM) - File 7-8-1 City Manager Beyer recommended that Council not declare Martin Luther King, Jr. Day a holiday, and that Mr. Burneo of M.A.P.E. consider this a proper subject for next year's negotiations. Council agreed to accept this recommendation. 24. REQUEST BY COUNTY OF MARIN FOR COMMENTS ON PROPOSED LEVY OF SUR- CHARGE OF $2.00 ON PARKING CITATIONS FOR PURPOSE OF CONSTRUCTION OF MUNICIPAL COURT FACILITIES (CM) - Fiel 9-10-2 City Manager Beyer recommended that Council indicate to the Marin County Board of Supervisors its opposition to the proposal to add a $2.00 surchage for parking citations. Council agreed to accept this recommendation. CLOSED' .SESSION 25. CLOSED SESSION TO DISCUSS PENDING LITIGATION The Council adjourned to Closed Session to discuss pending liti- gation, then reconvened in public and agreed to settle the follow- ing claims: Claim 3-1-824, Richard F. Karschner, for $1,588.00; Claim 3-1-835, Gail L. Thiede, for $1,259.84; Claim 3-1-839, Jeffrey Rich, for $1,387.86. The Council then adjourned to a Special Workshop to discuss City's Capital Improvement needs, on Wednesday, January 18, 1984 at 7:30 P.M. J E M. LEONCI�CILIIIK APPROVED THIS OF 1984 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/16/84 Page 11