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HomeMy WebLinkAboutCC Minutes 1984-02-06SRCC Minutes (Regular) 2/6/84 Page 1 In the Council Chambers of the City of San Rafael, Monday, February 6, 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 Items 3 through 9 of the following consent cal- endar items: Item Recommended Action 3. Appropriation of San Rafael's RESOLUTION NO. 6929 - APPROPRIATING Allocation from California Public SAN RAFAEL'S ALLOCATION FROM Library Fund (Lib) - File 9-3-61 CALIFORNIA PUBLIC LIBRARY FUND (In amount of $11,669 to the Library's Temporary Help Account) 4. Award of Bids: (GS) RESOLUTION NO. 6730 - AUTHORIZING AWARD OF BID FOR JANITORIAL SERVICES a. Janitorial Services for City FOR SAN RAFAEL CITY HALL AND Hall & City Library - SAN RAFAEL PUBLIC LIBRARY (To File 4-3-116 Marin Supply Co. for a total of $37,155/yr.) b. Radio Equipment for Police and Fire Departments - File 4-2-173 5. Authorization to Call for Bids - Albert Park Stadium Renovation (PW) - File 4-1-362 6. Resolutions of Findings Re Appeals of Handicapped Requirements: (PW) a. 227 Third Street - File 13-1-1 b. 11 "G" Street (Monk's Inn) - File 13-1-1 RESOLUTION NO. 6731 - AUTHORIZING THE PURCHASE OF RADIO COMMUNICATION EQUIPMENT FOR FIRE DEPARTMENT SER- VICE AND POLICE DEPARTMENT SERVICE: (Motorola Communications Engrs.,Inc. for 3 Motorcycle Radios and 1 Base Statior� T tal ppric $8,404.74, for Police $epartmen. Radio Communications Service for 6 Base Stations and 1 Walkie-Talkie for a total price of $4,339.00 for Fire Department. Silverado Avionics, Inc. for 2 Mobile Radios and 2 White Net Mobile Radios for a total price of $3,029.37 for Fire Department.) Approved staff recommendation. RESOLUTION NO. 6732 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 227 THIRD STREET. RESOLUTION NO. 6733 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 11 "G" STREET. 7. Change in Meeting Date to Approved Staff recommendation. Tuesday, February 21, 1984, due to Presidents' Day Holiday on February 20, 1984 (CC) - File '9-1 SRCC Minutes (Regular) 2/6/84 Page 1 SRCC Minutes (Regular) 2/6/84 Item 8. Status Report on Update of the Housing Element (Pl) - File 115 x 9-2-33 x 4-3-80 x 10-6 9. Claims for Damage: a. Ellin M. O'Brien (PD) - File 3-1-837 b. Gunvor Jorgensen (PW) - File 3-1-840 C. Orion Group, Inc. (PW) - File 3-1-843 d. Lewis A. Morgret (PW) - File 3-1-845 e. Prentis C. Rayford (PW) - File 3-1-846 f. Josette Castogne-Kwok (PW) - File 3-1-850 Recommended Action Accepted report. Page 2 Approved George Hills Co., Inc. recommendations for denial of claims. AYES: COUNCILAIEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1. APPROVAL OF MINUTES' OF REGULAR MEETING OF JANUARY 3, 1984 AND SPECIAL AND REGULAR MEETINGS OF JANUARY 16, 1984 (CC) At the request of Councilmember Breiner, the following corrections were made in Minutes of regular meeting of January 3, 1984, Page 10, Item 34, last paragraph, second line, to read: "Andersen Drive Extension and Sir Francis Drake Boulevard", instead of Francisco Boulevard. In the Minutes of regular meeting of January 16, 1984, Page 5, Item 10, in Exhibit A, amended Paragraph (b)(6), fourth line, to read on-site "drainage" facilities. Councilmember Breiner moved and Councilmember Frugoli seconded, to amend the Minutes as requested, and approve Minutes of Regular meeting of January 3, 1984 and Special and Regular meetings of January 16, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2. BASIC LIFE SUPPORT (BLS) AMBULANCE CONTRACT (FD) - File 4-3-105 Councilmember Russom was concerned that the amount of $1,000,000 indi- cated in Paragraph 4E of the contract for public liability and Workers' Compensation Insurance would not be sufficient if an award higher than that amount were granted. Mayor Mulryan agreed and asked staff to bring back the resolution at the next meeting of February 21, 1984, revising the amount to $5,000,000. Item was continued to meeting of February 21, 1984. 10. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 633 DEL GANADO ROAD (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed the Council indicating that Mr. Howard Crittenden, Jr., owner of the property, has a prospective tenant who wishes to remodel the space for a florist shop. The space contains 360 square feet. The refrigeration equipment cannot be made to fit the space if the enlarged handicapped toilet room is required. SRCC Minutes (Regular) 2/6/84 Page 2 11. 12. SRCC Minutes (Regular) 2/6/84 Page 3 Mr. Crittenden feels that this creates an unreasonable hardship and is requesting relief from the State mandated requirement. The Marin Center for Independent Living has been contacted, but no re- ply has been received at this time. With no comments from the public, the public hearing was closed. Councilmember Breiner moved and Councilmember Nave seconded, that the City Council, sitting as the Board of Appeals, uphold the appeal and directed staff to prepare an appropriate resolution and bring it back for consideration and approval at the next meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 260 NORTHGATE I (HUNT'S DONUTS) (PW) File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Director Bernardi briefed Council indicating that Mr. Jeffrey Jones, representing Hunt's Quality Donuts, has requested relief from the requirement for an accessible toilet room stating that his business is not required to provide toilet rooms for the public. Even though this is true, it is felt that the small estimated cost of $1,460 (Hunt's is spending approximately $8,000 for the alterations) is modest and the improvements should be required. The Marin Center for Independent Living has been contacted, but no reply has been re- ceived at this time. With no comments from the public, the public hearing was closed. Councilmember Frugoli moved and the City Council, sitting as the and directed staff to prepare an it back at the next meeting. AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner seconded that Board of Appeals, deny the appeal appropriate resolution and bring Frugoli, Nave, Russom & Mayor Mulryan APPROVAL OF POLICE ADVISORY COMMISSION REAPPOINTMENTS, INCLUDING STAGGERING OF TERMS (CM) File 9-2-28 City Manager Beyer referred to the interviews of January 16, 1984 of the Police Advisory Commission, during which the question of staggering the terms of Commission members was raised. Council took no action at that time. Also, Council discussed the desire to have an evaluation of all the City's advisory boards and commissions carried out by the Office of the City Manager. In view of the fact that it is expected the analysis and recommendations will not be com- pleted for three months, it is recommended Council take no action at this time on the issue of staggered terms and reappoint the members for a period of one year. Council accepted City Manager's recommendation and reappointed the Commission members for a period of one year, to the end of January 1985. AYES: COUNCILMEMBERS: Breiner, Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Item No. 13 discussed after Item No. 22) 14. SALE OF SURPLUS PROPERTY AT ANDERSEN DRIVE MARIN SQUARE PARTNERS (RA) File 2-7 Nave, Russom & Mayor Mulryan AND BELLAM BOULEVARD TO Redevelopment Program Manager Ours briefed Council indicating that in March 1983 Council had authorized an encroachment permit to Marin Square for 973 square feet of City -owned right-of-way at Andersen Drive SRCC Minutes (Regular) 2/6/84 Page 3 SRCC Minutes (Regular) 2/6/84 Page 4 and Bellam Boulevard. Council also authorized issuance of Industrial Development Bonds to finance construction of the Marin Square project. The various financing institutions involved in the issuance of the bonds expressed extreme reluctance to proceed with the bond sale be- cause of the encroachment permit, and they have requested that the en- croachment area be owned in fee in order to proceed with the financing. Council authorized staff to have the property appraised. This has been done and Marin Square Partners have offered to buy the 973 square feet of encroachment. The City -owned property and Gary Place have been improved and will be maintained by Marin Square, in the amount of $25,915.00, plus traffic signal of $10,854.00 for a total amount of $36,769.00. In addition to these improvements, the City will receive cash payment of $5,000 for the 973 square feet. The total compensation the City will receive including improvements, traffic signals, cash and mainte- nance equals $41,769 - the fair market value of the 973 square feet is $11,700. The value of the easement to be granted by Marin Square to serve Gary Place has not been calculated but it will be considerably more than the value of the 973 square feet. Staff is recommending first reading and passing the ordinance to print. In addition that an encroachment permit be granted so that the remainder of the surplus parcel be maintained by Marin Square. The title of the Ordinance was read. "ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROP- ERTY (at Andersen Drive and Bellam Boulevard TO MARIN SQUARE PART- NERS) Councilmember Breiner moved and Councilmember Nave seconded, to dis- pense with the reading of the Ordinance in its entirety and to refer to it by title only for the first reading, and pass Ordinance No. 1477 print. Also to grant the encroachment permit. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Maryo Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. RENEWAL OF AGREEMENT TO PROVIDE FOR GRAZING SHEEP ON OPEN SPACE LANDS (PW) File 4-10-158 Public Works Director Bernardi stated that this item was continued from a previous meeting to allow time to resolve some of the questions Councilmember Russom had posed. Since that time, Councilmember Russom has met with the Park Superintendent and has surveyed the area, and it is now recommended that Council adopt the resolution authorizing the renewal of the agreement with Mr. Donald Mills for the grazing of sheep for one more year. The agreement has been modified to reflect changes requested by Councilmember Russom. Councilmember Russom moved and Councilmember Breiner seconded, to adopt a Resolution authorizing the signing of an agreement with Donald Mills for the grazing of sheep in City open space lands. RESOLUTION NO. 6734 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH DONALD MILLS FOR THE GRAZING OF SHEEP IN CITY OPEN SPACE LANDS. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom commented on the fact that when the Mont Marin Open Space Assessment District was formed 10 or 12 years ago, the people within the District voluntarily added an assessment to pay for improving the playing field. The money raised for that is restricted to be used only for the improvement of the open space. At the present time, there is about $5,000 in the fund which cannot be used for any- thing else. Councilmember Russom then stated that he would like to ask SRCC Minutes (Regular) 2/6/84 Page 4 SRCC Minutes (.Regular) 2/6/84 Page 5 Council authorization to meet with the Association in Mont Marin and see if they agree to use the money for the purchase of portable fencing. There has been a problem with the sheep (eating flowers and getting in the playfield) which the ranger says can be solved by buying some fencing. The rest of the money could be used to improve the sprinkler system. He added that this would be legal and a reasonable use for the money. Mayor Mulryan asked the Council Members if they agreed to this, and permission was given to Councilmember Russom to approach the Mont Marin Association. Councilmember Breiner stated that she had received a telephone call from someone who takes tours to look at wild flowers and that person indicated that native wild flowers are being destroyed by the sheep. Councilmember Breiner requested that this be checked. Councilmember Russom stated that he, too, had received a couple of complaints along the same line and passed the letters on to Public Works Director Bernardi. It is feared that the area might be over- grazed. 16. FINAL ADOPTION OF ORDINANCE NO. 1476 - 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) DISTRICT TO P -D (PLANNED DEVELOPMENT DISTRICT (IRWIN STREET WEST OF BRET HARTE VILLAGE)(Pl)-File 5-1-287 x 10-3 Councilmember Breiner stated that it had been requested at the meeting of January 16, 1984 that the Ordinance reflect an amendment in Exhibit "A", Paragraph (b)(6), fourth line down, to read - on-site"drain- age"facilities. City Attorney Muzio indicated to Council that the Charter requires that when an ordinance is amended after it has been passed to print, there must be a re -publication in full of the entire ordinance before it can be adopted. City Attorney Muzio suggested that Council could either ask for the amendment with re -publication or to adopt the ordinance as presented, and to ask staff to prepare an amendment of Exhibit "A" to be brought back at the next meeting. The title of the Ordinance was read: "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) DISTRICT TO P -D (PLANNED DEVELOPMENT DISTRICT)(IRWIN STREET WEST OF BRET HARTE VILLAGE') Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1476. Staff was instructed to bring amended Ordinance to include the words-L'on-site"drainage"facilities -in Paragraph (b)(6) of Exhibit "A" at the next meeting of February 21, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. SAN RAFAEL CANAL (PW) -File 12-9 x 12-10 a. Report on Meeting with Corps of Engineers Public Works Director Bernardi stated that he and City Manager Beyer met with a number of staff members from the Corps of Engineers. They indicated that they were in the process of reviewing two alternatives outlined in the City's Phase I Storm Drainage Master Plan, namely levee improvements along the entire length of San Rafael Canal or the lock SRCC Minutes (Regular) 2/6/84 Page 5 SRCC Minutes (Regular) 2/6/84 Page 6 system. They have indicated that the lock system, if constructed, would cost approximately 20 to 25 million dollars. They stated that the concept they are considering is a "fibra -dam". It is similar to that currently being used on Alameda Creek in Sonoma County. The other option they are considering is the construction of a flood wall/levee which is estimated to cost between 15 and 20 million dollars. They have estimated that the length of this wall would be 24,000 linear feet. They have indicated that this would be very difficult to implement because of the physical improvements constructed by various property owners along the Canal. This study will be completed by mid-March., 1984. The Corps staff are now in the process of evaluating the cost benefit ratio for each of these alternatives. Once the cost benefit ratio is established, then the Corps will determine whether or not either alter- native is worth pursuing for further investigation and ultimate imple- mentation. Finally, Corps of Engineers staff indicated to us that once the improve- ments were constructed, that maintenance of these improvements would be the responsibility of the City of San Rafael, We have preliminarily estimated the cost of maintenance for the lock system to be approximately $250,000 per year and have very roughly estimated the cost of levee maintenance to be approximately $50,000 per year. b. Report on Site Investigations As directed by Council, City staff has begun the task of completing a site -by -site survey of those properties along San Rafael Canal that the City has maintenance responsibilities over. The precise mapping of these easements is now completed, and the field survey phase has begun. It is estimated that it will be necessary to spend approximate- ly $1,000 for the purchase of supplies and equipment rental to assist in meeting the commitment to the Council. The survey work should be completed in approximately one month. All the work should be completed and presented to the Council at the second meeting in March. Council accepted the report. (Item taken out of order) 22. CONSIDERATION OF REFERRAL FROM LOCAL AGENCY FORMATION COMMISSION (LAFCo) RE DEERFIELD ANNEXATION (CM)- File 5-2787 Mayor Mulryan stated that this item has been brought to the Council meeting as a response to LAFCo's request for City comment and recom- mendation re the Deerfield Park Reorganization proposal. The City is well acquainted with this subject which has been discussed a number of times, and the staff report recommends that the Deerfield Park sub- division annex only if the Marinwood and Upper Lucas Valley communities annex at the same time. City Manager Beyer reaffirmed the Mayor's statement and said that, upon direction from Council, the policy in relation to this general area has been reviewed. What has been found in reviewing this issue is that there is a distinct difference in looking at property in Upper Lucas Valley and in looking at those bordering the 101 Corridor whether they be on the east or west side of the 101 freeway. The only major revenue source from the area is the property tax, and the cost of the three potential services we would provide would be for Public Works, Police and Fire. It would not be cost effective to do this because of the cost of providing the fire protection, the maintenance of public streets in the area to be annexed (the estimated annual ongoing public costs for maintenance and repair would be approximately $80,000). The Police services would approximate $40,000 annually because of the ad- ditional patrol and traffic and accident investigation services which would have to be provided. There would be immediate annual costs of $120,000 annually, against revenues of $243,750. However, there must be included a fire station relocation which would cost approximately $750,000. SRCC Minutes (Regular) 2/6/84 Page 6 SRCC Minutes (Regular) 2/6/84 Page 7 One of the major concerns has been the slow response from the County to the City's adoption of the Northgate Activity Center Plan, and the recommended conditions to be imposed on the development, especially as it relates to traffic mitigation fees. A letter was sent to the County last October indicating the City's reluctance to deal any further with the North San Rafael Plan until a response from the County was received as to how to deal with the issue of the Northgate Activity Center Plan. A response from the County Planning Department arrived late on February 3, 1984 which indicates their position, mainly on traffic mitigation fees. It also states that conditions have been imposed on this development as it was approved in the County; however, the flat fees and the impact in terms of funding and what con- tribution it will make to Lucas Valley 101 intersection have not been determined. The City has a concern about that and it is felt that the subject should be dealt with at the County level. Mrs. Margor;e Macris, Marin County Planning Director, stated that the subject of traffic mitigation fees will be discussed with the County Planning Commission in March, 1984. She indicated they want to work with the City re the Northgate Activity Center Plan. Councilmember Breiner requested that more detail be given about the Fire Agreement and how it works at the present time. Fire Chief Marcucci showed on a map the locations of the Civic Center Station, the Joseph Court and Marinwood Stations and stated that the station having jurisdiction will first arrive on the scene, and if it determines that it cannot take care of the problem, it can call the next station for assistance. As far as Marinwood is concerned, if there is a medical emergency, Marinwood is the closest one to respond to the call. Also in the case of Marinwood, if there is a structural fire in the area, we would dispatch one Marinwood engine along with two of the San Rafael station, backed up with a paramedic unit. The section west of Juvenile Hall is referred to as CSA 13 and is a part of the Lucas Valley area. Marinwood then provides fire protection to that area. Several persons in the audience addressed the Council with their com- ments and concerns. They were Messrs. Howard Council, Ron Marinoff, John Hammond, Irving Schwartz and Chuck Carl. City Manager clarified to Council that inherent in his recommendations was the waiving of the dual annexation policy. Councilmember Breiner wanted to know what would be the expectation if the City were to cover Deerfield. She indicated there is quite a difference in geographical coverage, and in looking at the statistics, it is evident that the City is doing a lot more than giving fire assistance. She stated that she is reluctant, if we do not annex, that the City will take on further burden of back-up free of charge. Councilmernber Frugoli stated that it is not free of charge, that it will be handled the same as is done now with the Community Services District. After further discussion, Councilmember Breiner moved and Councilmember Frugoli seconded, that the City Council affirm its policy adopted in April 1983 providing that the Deerfield Park subdivision annex only if the Marinwood and Upper Lucas Valley communities annex at the same time, and waiving of the dual annexation policy. AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None 13. CERTIFICATE OF CONVENIENCE/RADIO CAB COMPANY (Fin) - File 9-9 This item was taken out of order at the request of Mr. Greg Homan of Yellow Cab Co., while awaiting the arrival of his attorney, James Kennedy Finance Director Coleman stated that at the present time there is only one taxi cab company operating in San Rafael. The cars have been deteriorating, generating complaints from persons who ride in them, and SRCC Minutes (Regular) 2/6/84 Page 7 M SRCC Minutes (Regular) 2/6/84 Page 8 there have also been problems concerning an adequate amount of insurance for the cabs and the proper meter rates. The present appli- cant is the Radio Cab Company which will operate 6 to 7 cabs in San Rafael, if approved. This would provide a choice for the persons who ride cabs, and would alleviate some of the parking problems. It is recommended that Council approve the resolution granting a Certificate of Convenience. Mr. Tad Alvord, General Partner of the Radio Cab Company, referred to the present situation of the Yellow Cab Company which is deteriorating and affirmed that the Radio Cab Company was anxious to offer its ser- vices to the City of San Rafael, and had several letters from businesses and the Chamber of Commerce in support of the application. The Eompany will offer 10% discount to handicapped persons and senior citizens, and a free drunk -driver program around the holidays. James- Kennedy, Attorney representing Yellow Cab Company, Stated that Mr. Homan presently has the franchise to operate his cabs in San Rafael. Before the granting of the Certificate of Convenience, it is.felt that the City should make the findings under Section 10.60.030 of the Municipal Code. Nothing in the report demonstrates that these findings have been made. Regarding the condition of the company, they have been under but are emerging, and would be hurt by another company operating in the same area. It is requested that the application be denied. Attorney Herbert Hawkins, Attorney representing Radio Cab Company, indicated they could see nothing wrong with having two cab companies in San Rafael. He stated 'There is a viable, energic, well-equipped company which is prepared to succeed in San Rafael, and itappears thatt the staff report was well researched and, -.its conclusions are sound. Mr. Lawrence Harvey, owner of the Mill Valley Bel Air Taxi Cab, said that he has been in business for 10 years and sees no need for another cab company in San Rafael. It is for that reason that he has not applied for a permit to serve San Rafael. As far as equipment and services are concerned, they are all about the same. Consideration should be given to others who might be interested in operating taxis in San Rafael also. Councilmember Frugoli stated that he had checked with a number of estab- lishments in San Rafael on the time response of the Yellow Cab Company. He found that people have waited as long as one hour and sometimeslonger for the cab to arrive. Also, it seems that the equipment is in dis- repair. Councilmember Nave stated that he, too, had inquired about the Yellow Cab Company and found the same problems of lateness, and even cabsthat did not show at all. Councilmember Frugoli moved and Councilmember Russom seconded, to ap- prove granting the Certificate of Public Convenience to Radio Cab Company. Staff to come back with Resolution with findings at the next meeting of February 21, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CONSIDERATION OF ACTION OF SAN FRANCISCO FOUNDATION RE BUCK FUNDS (CM) File 194 Mayor Mulryan stated that perhaps Council would like to have a public discussion on this subject. He added that he would like to offer assistance as amicus curiae to the County in their law suit regarding the Foundation. Also, .he would like to see the City take a leadership role and see that all the cities take a unified position with respect to how we, as the City, and representatives of the County feel about the action the Foundation has taken. City Attorney Muzio stated that his office will look into the status of litigation and how the County is handling this matter and report back. SRCC Minutes (Regular) 2/6/84 Page 8 SRCC Minutes (Regular) 2/6/84 Page 9 Councilmember Breiner stated that she attended a meeting at which one of the discussions centered on the possibility of the mayors getting together. City Manager asked Council if they wished to take some action to counter the direction taken by the San Francisco Foundation. Staff was directed to investigate Cities and County actions and to come back at next meeting of February 21, 1984 with specific recom- mendations. 19. PEACOCK GAP IMPROVEMENT DISTRICT (PW) -File 6-37 Public Works Director Bernardi stated that petitions have been signed by property owners representing more than 600 of the land area subject to assessment in this proposed improvement district. Property owners within the district include N.Y.-Cal Industrial Corporation, American Savings and Loan, San Rafael School District, Lands of Dole and the Roman Catholic Church. Improvements will involve (1) the installation of a water storage facility to be owned and operated by Marin Muni- cipal Water District; (2) the realignment and change of grade of San Pedro Road from Riviera Drive to Biscayne Drive; (3) the acquisition and improvement of Peacock Gap Neighborhood Park; and (4) the instal- lation of complete street improvements and associated public utilities on lands of N.Y.- Cal Industrial Corporation and San Rafael School District. It is proposed the improvement district be formed under the Municipal Improvement Act of 1913 and bonds issued under the provisions of the Improvement Bond Act of 1915 for the acquisition and construction of the public improvements described previously. Mayor Mulryan asked whether there was any controversy on this, and Public Works Director Bernardi replied all the aspects of the assessment district procedures have been reviewed with the Peacock Gap Homeowners Association, and the next phase will be the Engineer's Report coming before the Council and the authorization from Council to call for bids. Councilmember Frugoli moved and Councilmember Nave seconded,to accept petitions for filing . AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Russom seconded,to adopt resolution determining to undertake Proceedings (PG -1). RESOLUTION NO. 6735 - DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND ISSUE BONDS IN SAID PROCEEDINGS UNDER THE PROVISIONS OF THE IMPROVEMENT BOND ACT OF 1915. AYES: COUNCILME34BERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILME31BERS: None ABSENT: COUNCILMEMBERS: None Councilmember Frugoli moved and Councilmember Nave seconded to adopt Resolution appointing Engineer of Work, Project Engineer, Underwriter and Bond Counsel (PG -2). RESOLUTION NO. 6736 - APPOINTING ENGINEER OF WORK, PROJECT ENGINEER, UNDERWRITER AND BOND COUNSEL. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 2/6/84 Page 9 SRCC Minutes (Regular) 2/6/84 Page 10 Councilmember Nave moved and Councilmember Breiner seconded, to adopt Resolution Approving Map of Proposed Boundaries of Assessment District, (PG -3) RESOLUTION NO. 6737 - APPROVING MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom moved and Councilmember Frugoli seconded,to adopt Resolution of Intention (PG -4). RESOLUTION NO. 6738 - RESOLUTION OF INTENTION AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. CC83-14 AND CC83-15 - CERTIFICATES OF COMPLIANCE FOR TWO LOTS ON SANTA MARGARITA DRIVE: R. BERNT AND SONS, OWNERS - A.P. 10-262-21 AND 22. (Pl) File 2-7 Planning Director Moore stated that the owner of two contiguous lots located at 334 and 340 Santa Margarita Drive, Lots 23 and 24, has re- quested that the City recognize two legal building sites and issue two Certificates of Compliance. The square footage for each lot is 6,650 square feet and a slope of 357o to 40%. The lots do not meet slope standards and are subject to the City's lot merger ordinance. In 1983, the City received a similar request for two Certificates of Compliance for two identical adjacent lots (Lots 25 and 26). Staff recommends that the City recognize both Lots 23 and 24 as legal building sites through issuance of individual Certificates of Com- pliance. This is consistent with previous Council action on the ad- jacent properties and would grant equivalent rights to the applicant. It is also recommended that design review by the Planning Director be required, and that Design Review submittals be accompanied by geo- technical reports adequate to insure proper design of foundations, retaining walls, etc. Public Works Director Bernardi stated that as far as the development of these properties is concerned, a geotechnical investigation has been required, so that the concerns with regard to geologic instabi- lity have been addressed. They will basically require Level C in- vestigation which requires borings and subsequent investigation to determine if the site can be developed adequately without damage to the properties down below it. Councilmember Nave moved and Councilmember Frugoli seconded to recog- nize the two legal building sites and direct Staff to issue individual conditional certificates of compliance. City Attorney Muzio reminded Council to declare its intent now and that Resolution of Findings be brought back at the next meeting of February 21, 1984. Mayor Mulryan concurred and asked that this be made a part of the motion. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. RECOMMENDATION FOR IMPLEMENTATION OF COMPUTER MANAGEMENT INFORMATION SYSTEM (CM) File 4-3-117 City Manager Beyer stated that for several years now the City has been looking at its computer needs, and has looked at a number of options in 1984. SRCC Minutes (Regular) 2/6/84 Page 10 SRCC Minutes (_Regular) 2/6/84 Page 11 Pam Nicolai, Assistant City Manager, briefed Council indicating that about a year and a half ago a Task Force consisting of City staff was created by the City Manager to review the needs of the different depart- ments and to determine which are individual needs which are not uni- versal to the other departments. It has been determined that there are common needs in the areas of Personnel, finance, budget preparation, word processing, and geo-base file. In-house management information system would involve acquiring hard- ware as well as software programs. It would also require additional personnel to staff, manage and implement these programs. The service bureau approach would involve contracting with one or more companies which provide data base and software. This method is present- ly being used in the Finance Department The facilities management company would use their company to create a data processing department for the City. The company would be re- sponsible for the acquisition and development of the hardware and soft- ware programs that would solve our management information needs. We would be contracting with that company for a service level only. The facilities management company would also assign personnel with knowledge of programming and developing the system to meet our needs as those needs change. In reviewing the three programs, staff has concluded that the facilities management approach is the best for San Rafael at this time. It is recommended that Council authorize staff to negotiate a five-year contract with CMSI. It is highly recommended, in addition, that Council agree to implementation of all of Phase I during this fiscal year (83-84). It is further recommended that Phases II and III be implemented over the next two to five years. Funds are budgeted through Revenue Sharing for the one time installation/hardware upgrade costs. A short period of questions and answers followed during which Council - members asked for some clarification of the report, and it was pointed out that it would be important to ascertain that this supplier will give the best service. City Manager Beyer replied that other companies could still be checked, and that the contract will be written so that, if in a year or two,things are not working out the City could get out of the contract. He also stated that he would like to see the program approved so that it can be implemented by the beginning of the fiscal year. Councilmember Breiner moved and Councilmember Frugoli seconded to authorize staff to negotiate a five-year contract with Computer Management Systems Inc., to be implemented at the start of next fiscal year. 23. LEGISLATION AFFECTING SAN RAFAEL (CM)- File 9-1 Assistant City Manager Pam Nicolai reported that SB 778 (Dills) Binding Arbitration bill was defeated, and that thanks should be extended to S:Onator Marks for his role in helping to defeat SB 778. SB 1300 (Marks) and AB 2468 (Cortese) Long -Term Local Government Financing. The League expects the constitutional guarantees and the level of city funding to be hotly contested. The League encourages city officials to participate in the League's "March on the Capital" on February 28, to reinforce the importance of these two issues. Council accepted report. ADD ITEM - REQUEST BY REDEVELOPMENT CAC CHAIRMAN FOR MEETING WITH COUNCILMEMBERS - File 140 x R-140 IV (Verbal) At the request of Don'Dickenson, Redevelopment CAC Chairman, Council - members Frugoli and Russom to meet with Redevelopment CAC on Thursday evening March 1, 1984, to discuss the Committee's future role and responsibilites. SRCC Minutes (Regular) 2/6/84 Page 11 CLOSED SESSION SRCC Minutes (Regular) 2/6/84 Page 12 24. Closed Session to discuss pending litigation - File 3-2-41 The Council adjourned to Closed Session to discuss pending litigation, then reconvened in public and authorized Mayor to approve on behalf of the City, settlement of litigation involving the City entitled FARRELL/O'KEEFE, et al, v. EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, et al, on the terms recommended by the City Attorneys. The Council then adjourned to a Special Joint Workshop with Planning Commission to discuss East San Rafael, on February 13, 1984 at 7:30 PM. JE N'E M. LEONCIINI , CITY CLERK APPROVED THIS OF , 1984 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 2/6/84 Page 12