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HomeMy WebLinkAboutCC Minutes 1984-04-02SRCC Minutes (Regular) 4/2/84 Page 1 In the Council Chambers of the City of San Rafael, Monday, April 2, 1984 at 8 : 00 PrR . 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; Jeanne M. Leoncini, City Clerk; Peter J. Muzio, City Attorney CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action 1. Cultural Affairs Commission RESOLUTION NO. 6770 - AUTHORIZING. Recommendation re $2,000 Expendi- $2,000 EXPENDITURE FROM J. HAROLD ture from J. Harold Dollar Trust DOLLAR TRUST FOR FALKIRK PHASE III for Falkirk Phase III Restoration RESTORATION (Installation of a (Lib/Cult. Aff) - File 8-10 Magnesite floor in kitchen) 2. Fine Free Week for Library, April 9 - 14, 1984 (Lib) - File 9-10-2 x 9-3-61 3. Annual Telephone Maintenance Agreement with COMPATH (CM) - File 4-3-88 4. Request by San Rafael Chamber of Commerce for Street Closure - "B" and "C", between Third and Fourth, to hold Annual Flea -Esta, Sunday, May 13, 1984 (CM) - File 11-19 6. Resolution of Appreciation for Design Review Board TSember Charles F. Schrader (P1) - File 102 Approved Library Fine Moratorium April 9 - 14, 1984. RESOLUTION NO. 6771 - AUTHORIZING EXECUTION OF AGREEMENT (with ALLTEL SYSTEMS, INC., COMPATH DIVISION - Maintenance Service Agreement for period of one (1) year, commencing on Dec. 21, 1983, at a cost of $6,300 Approved request to use City parking lot on Third & "C" Sts., and the closing of "B" & "C" Sts. bet. Third & Fourth Sts. from 7;00 AM to 5:00 PM on Sunday, May 13, 1984, RESOLUTION NO, 6772 - RESOLUTION OF APPRECIATION - Charles F. Schrader, resigned Design Review Board member. 7. Resolution Accepting Grant of RESOLUTION NO, 6773 - ACCEPTING Right -of -Way from New York- CONVEYANCE OF STREET RIGHT-OF-WAY California Industrial Corporation FOR REALIGNMENT OF PORTION OF NORTH for Slide Repair on San Pedro SAN PEDRO ROAD, SAN RAFAEL, Road (PW) - File 2-2 8. Resignation of Commissioner V. H. Nicholson from the Park and Re- creation Commission (CC) - File 9-2-4 x 102 a. Acceptance of Resignation and Call for Applications b. Resolution of Appreciation 10. Bid Opening and Award of Con- tract - Bret Harte Road Slide Repairs (PW) - File 4-1-363 13. Claims for Damage: (PW) a. Stephen M. Thomson - File 3-1-863 c. Peter Greene Mathews and Leslie Mathews - File 3-1-866 Approved staff recommendations: Call for applications to fill unexpired term to end of Nay 1986; set deadline for receipt of applications for Tues. 4/24/84 - 12 Noon; set date for inter- views at Special Mtg,, Monday, 5/7/84 @ 7:00 P11, RESOLUTION NO, 6774 - RESOLUTION OF APPR..ECIATION - V. H. Nicholson, resigned. RESOLUTION NO, 6775 - AWARDING CONTRACT FOR BRET HARTE ROAD SLIDE REPAIRS (To WILDCAT CONSTRUCTION - low bidder, in amount of $4,330). Approved George Hills Co., Inc, recommendations for denial of claims, SRCC ?.`.mutes (Regular) 4/2/84 Page 1 SRCC Minutes kAegular) 4/2/84 Page 2 Item Recommended Action 14. Request for Out -of -State Training Approved staff recommendation. for Police Lieutenant P. Robert Krolak (PD) - File 9-3-30 x 7-4-6 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. NEIGHBORHOOD CRIME WATCH SIGNS (PD) - File 125 x 9-3-30 Councilmember Russom inquired about the cost of this project statin that the backup material indicated the neighborhood signs will be paid for by the neighborhood groups who requested them. He asked who would be responsible for placing signs at the City limits and the cost. City Manager Beyer replied that the City will be responsible and the cost is minimal. Councilmember Russom moved and Councilmember Breiner seconded, to adopt the crime "eye" signs and approve the installation of these signs. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Fayor Mulryan NOES: COUNCILDIEMBERS: None ABSENT: COUNCILMEDIBERS: None 9. ALBERT PARK CONCESSION CONTRACT (DOLLY NAVE) (Rec) - File 4-10-161 (This item was removed from the Consent Calendar as Councilmember Nave indicated he would be abstaining from voting). RESOLUTION NO. 6776 - AUTHORIZING THE SIGNING OF AGREEMENT (With Dolly Nave, Snack Bar Manager/Albert Park Concession - from April 1, 1984 to March 31, 1985). AYES: COUNCILMEMBERS: Breiner, Frugoli, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED:COUNCILMEMBERS: Nave 11. CONSIDERATION OF AWARDS OF BIDS: a. ONE AMBULANCE FOR PARAMEDIC SERVICE - File 4-2-187 Mayor Mulryan stated that in reviewing this item, he noticed that a modular system had been recommended rather than a van, and asked what the difference in price is. Fire Chief Marcucci replied that a van -type vehicle costs from $35,000 to $36,000 and is expected to last about 5 years, at the end of which the van is retired and put in reserve. The modular -type vehicle costs more to begin with, but at the end of 5 years, the chassis can be re- placed (one body can probably last through 2 or 3 chassis). RESOLUTION NO. 6777 - AUTHORIZING THE PURCHASE OF ONE PARAMEDIC AMBULANCE UTILIZING EQUIPMENT REPLACEMENT FUNDS (From the STONER AMBULANCE MANUFACTURING COKPANY, low bidder in amount of $43,151.59) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. LIFE SUPPORT EQUIPMENT - File 4-2-188 Mayor Mulryan asked why new electronic equipment is needed. Fire Chief Marcucci replied that this particular equipment deteriorates very rapidly as it is used daily in all types of emergency situations, and needs replacement about every 5 years. Councilmember Russom asked why there was only one bidder for this equipment. Chief Marcucci indicated that the equipment used in Marin County is unique in that it is necessary to use mountain -top repeaters and equipment in the ambulance to repeat the signal because of topog- raphy. There is only one company that basically manufactures this type of equipment, and the price is acceptable. Councilmember Frugoli asked that the old ambulance be kept as backup equipment if repair is needed on the new one and Council agreed. RESOLUTION NO. 6778 - AUTHORIZING THE PURCHASE OF LIFE SUPPORT EQUIPMENT FOR THE PARAMEDIC AMBULANCE (From PHYSIO -CONTROL COMPANY, low bidder, in amount of $8,018.90). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 4/2/84 Page 2 SRCC Minutes (Regular) 4/2/84 Page 3 12. CONSIDERATION OF AWARD OF BID - FURNITURE FOR PICKLEWEED RECREATION CENTER (Rec) - File 4-2-189 x 2-1-55 Mayor Mulryan asked why some of the bids were found unacceptable. Assistant City Manager Nicolai stated that the bids were awarded to the low bidders for all of the material which was specified. Much time was spent in the selection of chairs and the conference table. Regarding the stacking chairs, one of the alternatives was rejected because of the quality of the chairs. RESOLUTION N0. 6779 - AUTHORIZING THE PURCHASE OF FURNITURE FOR USE AT PICKLEWEED PARK COMMUNITY CENTER (To low bidders: ADVENT OFFICE FURNITURE - $18,179.16; INNER LIVING FURNITURE AND DESIGN CO. - $9,293.85; BOISE CASCADE, OFFICE PP_ODUCTS DIV. - $385.80; and MOORE'S OFFICE SUPPLIES - $2,621.38) AYES: COUNCILMEP:4BERS: Breiner, Frugoli, Nave,Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13b. CLAIMS FOR DAMAGE (PD) - MARK SUMMERS - FILE 3-1=864 Mayor Mulryan asked that this item be discussed in closed session. ADD ITEM RESOLUTION OF APPRECIATION - VERNON H. NICHOLSON, PARK AND RECREATION COMMISSION MEMBER, RESIGNED - File 102 Mayor Mulryan presented the Resolution of Appreciation to Mr. V. H. Nicholson and thanked him for the fifteen years of dedicated service he gave to the City as a member of the Park and Recreation Commission. 15. PUBLIC HEARING-,VACATI:.ON OF PORTION OF JACOBY-STREET (PW) - File 2-12 x 2-7 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed Council stating that the original purpose of Jacoby Street was to provide for additional access to properties as they developed along Andersen Drive. Because of the type of use PG&E is proposing, the extension of the roadway to serve PG&E is not necessary, and the existing properties on that part of Jacoby Street have adequate access from Andersen Drive. However, repre- sentatives of the adjoining property owner to the south have indicated that he is not in favor of the vacation as it would remove his direct access to Andersen Drive. Therefore, staff has proposed that the eastern most 60 -foot section of the right-of-way not be vacated. No additional environmental review is necessary for the vacation process. Joseph Lemon, Attorney representing Mr. Said Mokhtarzadeh, stated that Mr. Mokhtarzadeh was concerned about the abandonment on the other side of the road. He understood the 60 -foot wide street was necessary, and now 30 feet are being taken away; and not only does that take 30 feet of his road which is in front of his property, but it is very difficult for him to replace it even on his own side because of the steep topog- raphy at that location. He also expressed his desire to work cooperative) with the City. It is understood that one reason why this street can be narrower than 60 feet is that on the PG&E side, the expressed intention is that there would not be any access or driveway on that side, or park- ing. There would be a fence there. That should be a part of the con- ditions imposed on PG&E so that, at some point in the future, Mr. Mokhtarzadeh will not be required to provide an adequate roadway for more traffic. Also, the keeping of the last 60 feet was because Mr. Mokhtarzadeh has barely adequate access from Jacoby on to Andersen Drive for his own development. Mr. Mokhtarzadeh will be making a bid for that last triangular piece of property so that he will have even better access, closer than Jacoby and Andersen. The development is now at the starting stage, and Mr. Mokhtarzadeh wants to ascertain that if he comes back to the City Council, he will not be required to put in what he would now be physically unable to do once you take this 30 feet away. Public Works Director Bernardi stated that a very preliminary property development scheme Mr. Lemon had showed him has been reviewed. It was indicated to Mr. Lemon that nothing could be guaranteed at this point because the plan is not precise enough to determine what an adequate roadway width would be. It was explained to him that the 60 -foot right- of-way that is there does not require the road. The development standard has been that there is a 40 -foot wide curb -to -curb roadway within the 60 -foot right-of-way. No commitment on the part of the City can be SRCC Minutes (Regular) 4/2/84 Page3 SRCC Minutes (Regular) 4/2/84 Page 4 made until a more precise development plan has been presented. It may very well be that after analysis of the project, there would not be a need for roadway along the property line. With no further comments from the public, the hearing was closed. RESOLUTION NO. 6780 - ORDERING VACATION OF PORTION OF JACOBY STREET, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. PUBLIC HEARING - SALE OF SURPLUS LAND TO SAN RAFAEL REDEVELOPMENT AGENCY - VACATED PORTION OF JACOBY STREET (PW) - File 2-7 x 2-12 Mayor Mulryan declared the public hearing opened. City Manager Beyer stated that because that portion of the easement is City -owned property, it is being recommended that the City sell that portion to the Redevelopment Agency to combine the total parcel which the Agency would then put on the market as surplus property. The value of the property is fair market value. With no comments from the public, the hearing was closed. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY " (Portion of Jacoby Street) Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only for the first reading and pass Charter Ordinance No. 1481 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PUBLIC HEARING - FLOOD DAMAGE PREVENTION ORDINANCE (PW) - File 12-9 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi indicated that the proposed Ordinance will put San Rafael on a regular flood insurance program. At this point, the City is on the emergency program; that in itself is limiting the amount of insurance coverage that is available to homeowners and businesses. The staff report, on Page 4, lists the amount of coverage provided under the regular program. The Ordinance will delete the existing Chapter 18 and expand dramatically the provisions of the old chapter, especially the areas covering development permits: Standards for Flood Hazard Reduction; Certification and Variance Procedures. The flood hazard maps that were prepared by FEMA are available; they are the ones that will be used in the regular program. Under Development Permits clearly defined are the conditions under which development will be allowel to occur in these areas designated as flood hazard areas. Under the old Ordinance, we only required that the elevation of the property be developed to elevation +6 on Mean Sea Level Datum after 30 year settle- ment. Under the new Ordinance, it requires in certain areas.that__there be elevations in some cases higher than +6 Mean Sea Level Datum because of the study that was done by the consultant who worked for FEMA. As far as the Standards for Flood Hazard Reduction are concerned, that section deals with areas of construction, storage of materials and equipment, utilities, subdivisions and mobile homes and parks. Again, it deals with the base flood elevation. Another item is Certification. Under the proposed Ordinance, a regis- tered professional engineer, architect and/or land surveyor may be re- quired to certify that certain standards providing for flood hazard reduction have been met. Certification will apply, but not be limited to construction, subdivisions, mobile homes, etc. Under Variance Procedures, the City Council shall hear and decide appeals and requests for variances, from the requirements of the proposed Ordin- ance. If a variance is granted by Council, the insurance rates increase ' significantly for the property that wishes to develop below the base flood elevation. Councilmember Breiner asked whether there are any properties currently being processed that would be affected by this, and do the property SRCC Minutes (Regular) 4/2/84 Page 4 SRCC Minutes (Regular) 4/2/84 Page 5 owners know that the proposed Ordinance is being considered. Mr. Bernardi replied that notices were sent out, not to specific property owners, but to homeowners associations, Builders Exchange, Board of Realtors, and certain major title companies in San Rafael. There will be some prop- erties, especially in the West Francisco Boulevard area, that will be affected, and all of East San Rafael will be affected as well. But they have been required already to meet the existing Title 18, and if they meet the existing Title 18, they are not going to have any problems with this. Councilmember Nave asked about problems in relation to filled areas. Mr. Bernardi indicated that each application is reviewed for its impact on adjacent properties, and a lesser elevation may be required. With no comments from the public, the hearing was closed. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING FLOOD DAMAGE PREVENTION" Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only for the first reading and pass Charter Ordinance No. 1482 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PUBLIC HEARING - R.EZONING - Z83-16 - FROM P -D TO P -D FOR AMENDMENT TO SMITH RANCH MASTER PLAN, "GALLINAS VILLAGE", AREAS 5 & 12; SMITH RANCH ROAD; GALLINAS PROPERTIES, OWNER & INITIATOR; TMW & OBERKAMPER & ASSOC REPS.; AP 155-251-06, 07 11, 14 AND 31 THROUGH 37 (P1) - File 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council stating that the applicant has requested approval of "Gallinas Village", a 400 -unit luxury life care retirement project to be located on Parcels 5 and 12 of Smith Ranch. Ms. Moore stated that the Planning Commission has reviewed the applica- tion and concurred with staff that the project is consistent with the Housing Element. Also, because of its location there will be few visual impacts. Ms. Moore gave a short review of the staff report. Mayor Mulryan asked Ms. Moore to explain how the below-market rate is determined. Ms. Moore stated that generally when staff is negotiating for below-market rate units in a project, they use 10% as a goal that they try to achieve; or 10% of the number of units proposed in the pro- ject would be affordable to households with low and moderate income. So, in the project of 423 units, there would be 42 below-market rate in- clusionary units. Councilmember Russom asked Ms. Moore if, as mentioned on Page 1 of the report, when the applicant states that he would dedicate the site to a non-profit organization, it is meant that he would donate it at no cost. Ms. Moore replied that that is correct, and that conditions would be applied to the land to insure that it would be utilized to generate below- market rate units. The other question was on Page 4 of the staff report, where it states: "The developer has expressed a willingness to pay a fee in lieu of property taxes should the project receive non-profit status." Councilmember Russom asked Ms. Moore to elaborate on that statement. Ms. Moore stated that it was one of the concerns expressed by Council when reviewing the Villa Marin project, which was in reaction to other projects in the County Senior facilities such as this, which become non-profit entities and are not subject to the same tax provisions. At the present time, this developer does not know if they would even- tually set the corporate entity up as a non-profit organization. Councilmember Russom asked another question regarding Economics in the Section Environmental Status oh Page 5 of the staff report, which says that "topics included employment, commercial and industrial revenues", and asked if that Master Plan EIR, in reaching conclusions on the economic impact, include the 423 family housing units that were originally envisioned. Ms. Moore said it did not. That is essen- tially because the subsequent environmental document that is relied on primarily in the entire Northgate Activity Center area is a Northgate Activity Center Plan EIR. It does not have an economic or fiscal SRCC MINUTES (Regular) 4/2/84 Page 5 SRCC Minutes (Regular) 4/2/84 Page 6 analysis section in it. Economic analysis is a permissive section under CEQA; it is not required or mandated by the definition of environment that is contained in the CEQA. Councilmember Russom stated that it did not address 11!�_ms such as the sales tax and the economic impact of residents living in the area. Ms. Moore said that she thought these questions must have been reviewed, but it could have been in the time frame when the original Smith Ranch Master Plan was approved in 1972. Councilmember Breiner stated that Associate Planner Len Nibbi was going to check some questions she had posed - whether the numbers 2,924 were the expected number of total elderly units in 1985. Planner Nibbi replied that the figures were checked. Councilmember Nave asked for clarification of a sentence within the Recreation Element Paragraph on Page 9, which states: "Additionally, upon adoption of the City's revised Recreation Element and the Quimby Act Subdivision Parkland Dedication Requirements, the project would be subject to in -lieu park fees at some time in the future if subdivision of the property is proposed." Mr. Nave stated that, as he understood it, that is the 4 to 3 Planning Commission vote that was on the park mitigations which has not come before the Council yet or been accepted. Ms. Moore replied that this item is scheduled for late April or early May for Council consideration. Councilmember Frugoli asked Ms. Moore whether this project is consistent with the General Plan. Ms. Moore replied that, in staff's estimation, the recommendations were that the project was consistent with the General Plan in the Northgate Activity Center Plan. The Planning Commission concurred with that. Dr. Henry Grausz, Physician and project developer spoke, stating that the project includes 400 elderly retirement community homes. It would be a full service retirement community which would include meals and various services as well as health care services on the premises. On the issue of whether this addresses the General Plan of the City, it is believed that it does. In the City of San Rafael, in 1980 there were 5,084 people over the age of 65. The projections, however, show that by 1985, that will almost double to 8,300 people and by 1990, 13,602. These are the projections of the U.S. Census Bureau. This elderly popu- lation increase will occur due to the decreased birth rate, decreased death rate, the number of people that move into the community and those who leave it. By 1985, there will be 765 units in San Rafael, which is 44% of the projected need for these types of units. If this development is approved, there will be 1,165 units sometime after 1985, and that will only take up 657o of the need of San Rafael. - Further, the Government Census shows that in 1970 there were 66,000 people in Marin County under the age of 18. In 1980, there were 50,000 and in 1990 there will be less than 40,000. On the other hand, in 1970 there were 15,000 over the age of 65, by 1990 there will be 31,000. Mayor Mulryan asked Dr. Grausz what income level for the elderly would be required in order to purchase these units, and what percentage of the elderly that are projected to be in San Rafael at different periods would be in that income category so they can afford to buy them? Dr. Grausz replied that the the projected required income for a couple is about $22,000 per year. This is from the 1980 Census. Councilmember Russom told Dr. Grausz that the statistics that he used do not correspond necessarily, as he feels that a great portion of householdE over age 65, probably the majority, do not move into what is classified as retirement homes, and that instead they stay where they are living or move to another residence that might be classified as mainstream rather than retirement residence. Dr. Grausz replied that the Villa Marin pro-- ject prior to its construction sold out 807o of its units or 170 out of 225. Councilmember Russom stated that this was not the question, and that Dr. Grausz was establishing a need for retirement residences in San Rafael based on increase in the over 65 population. Dr. Grausz replied that the market demand is there. There are_many people over the age of 65 who have lived on hillsides, climbed steps in homes they owned for over 30 years, which were adequate in the past, but no longer are. The reason for the retirement community is because the homes are smaller, well done, and many services will be provided which are not provided in individual homes. Councilmember Breiner stated that one of the reasons that we have a large percentage of elderly right now in our community is the fact that we SRCC MINUTES (Regular) 4/2/84 Page 6 SRCC Minutes (Rei:lar) 4/2/84 Page 7 have had such a good track record in building senior housing, especially for low and moderate income and having Villa Marin going up. San Rafael has probably done more than any other community in Marin in terms of providing anc working actively for housing for the elderly. If we are to include the 170 other units out of the total of 400 in the statistics that we have before us in the staff report, San Rafael in 1985 or shortly thereafter, would have a total of 1,165 elderly units out of the County total of 4,924, and that's not 367o, that's 40%. That would have a terrific impact on the schools. There arE very limited areas that exist for high density residential. She indicated that we have only identified 4 housing opportunity areas in San Rafael, and this is a perfect one because it has few problems. It could accommodate more units; we could develop 500 units without affecting the traffic problem. On Page 5 of the staff report on the Housing Element it says that the number of San Rafael residents who are employed grew by 800 between 1970 to 1980. One half of those are in potentially lower paying jobs, and we all know the stat- istics of our own San Rafael Police and Fire personnel who have to live out- side Marin. A well designed residential development on this site could ac- commodate starter families, older citizens who may want to move out of the single family homes and all those in between. If there is Council interest in it, and the incentive and the motivation, we can make a greater effort to have rental housing built on the site. Councilmember Frugoli stated that in order to have density, the building must be multi -story. Presently, people are moving north (Petaluma, Santa Rosa) because of the prices in Marin. San Rafael should take care of its elderly population. Many won't be able to move to Villa Marin which will cost $300,000/$400,000. This project will cost $150,000/$160,000. This is a life care center like Tamalpais which is a great project and the people who live there love it. There are other areas also that should be investigated for housing for the lower income individuals. Councilmember Russom stated it was his understanding that the proposed "Gallinas Village" project differs from Villa Marin in that the occupants will not hold title to the units, be able to sell them or pass them on to their heirs. Dr. Grausz indicated that was correct. Councilmember Russom asked Dr. Grausz how much it would cost an occupant to move into the development. Dr. Grausz said it would cost him, if he used it for more than 6.8 years, $150,000 to live in it for the rest of his life. Councilmember Russom asked if there was a monthly fee? The answer was that it would be exactly the same as at Villa Marin, about $1,000 or $1,200 a couple per month. Councilmember Russom then asked if an income of $22,000 would be adequate to cover that kind of expenditure. Mr. John Wallace, Carpenter Delegate to the Building Trades Council, stated he is opposed to the project, for several reasons: because of luxury units proposed, because of the increased height, increased density, and because of the minimal amount of low cost housing. Dan Rossi, representing Ecumenical Association for Housing, stated that, whilE EAH is not taking a position on the Gallinas Village, they would like to see as much family housing on the site as possible. In terms of their goals as ar organization, family housing is the number one priority in San Rafael. As pointed out today, Smith Ranch site is one of four housing opportunities. Paul Cohen stated that he was raised in Marin County and cannot afford to livE in the city in which he was raised. Mr. Cohen felt the site should be developed with affordable housing. Steve Witcher, a resident of Novato, stated that he too wished to voice his opposition to this project. There is a desperate need for low income housing and middle income housing. Affordable housing on this site would benefit the community. Jeff Widman, attorney for Las Gallinas Fitness Center, stated he submitted a letter, regarding his concerns and that he was not necessarily in opposition to the project. There are some legitimate environmental concerns which are detailed in the letter. He felt that the City would not be in compliance with CEQA if the project is acted on by the Council. Abralh+am Yang', President of San Rafael Housing Corporation, stated that he wanted to commend Councilmember Breiner for taking a strong leadership pub- licly for the need for housing. There is a need to look at far-reaching policies and it is sad to see that elderly housing is pitted against young people. There is a need for housing of all kinds and there has been more elderly housing built in the past few years than housing for all people. As policy -makers, he said he hoped that the City Council would look at what the City needs in terms of the General Plan and general direction in the future. SRCC MINUTES (Regular) 4/2/84 Page 7. SRCC MINUTES .Legular) 4/2/84 Page 8 Dr. Grausz stated that he wanted to clarify one point with regard to the in -lieu property taxes. This is not a non-profit corporation, nor is it intended to be. The taxes will be paid. If the project becomes a non-profit organization, we have agreed with the City that we will pay the in -lieu fee to the'City. Furthermore, we also have donated a piece or are willing to donate a piece of land for 40 below market rate homes, which some people in the audience have not understood. With no further comments from the public, the hearing was closed. Councilmember Nave stated that the Planning Commission has recommended approval of this project; it will serve a certain part of our community and build 400 units. It has been quite a while since we have had a significant project like this. It will employ a lot of people and will get the elderly part of our housing plan started. Councilmember Nave stated that the project will serve a unique segment of the population in San Rafael and in Marin County. The 2.5 acres dedication and the possibility of 40 below market rate units will provide affordable housing. Councilmember Russom noted that it would be a mistake to view this pro- posed development as a project that would serve the need of the elderly. The amount of money that would be required to move into, and to live in this project, would limit it to people who can afford to live where - ever they wish. It does not meet the criteria in our plan or just the morality of serving a needy element of our community. He noted that it is perfectly logical for the Planning staff and the Planning Commission to take the kind of action they did on this project because responsibilit3 of setting policy is the City Council's. The overriding question for the City Council is, as a policy, does this project best serve the interests of the community. Councilmember Russom concluded that the project does not best serve the interests of the community. Councilmember Frugoli stated that the project is consistent with the General Plan. The project might not be affordable for all the elderly, but if older people move into it, and vacate their large homes, it pro- vides housing in the City. There are many who wish to leave their homes and go to a health care facility with someone cooking meals for them. Another consideration is traffic that would be generated if there were single family houses on that site with each member of the house driving a car. At Tamalpais and Villa Marin, people are transported in groups and this helps to cut down on traffic. Councilmember Frugoli supported the staff and Planning Commission recommendation. Councilmember Breiner stated that one of the considerations that the Council has to realize is that there is no guarantee that the people moving into this particular luxury housing development would be from San Rafael. As for the issue of traffic, if housing could be provided on this site for the people who live in Petaluma and Novato or further north, and this would be affordable housing, it would help cut down on traffic. Councilmember Breiner moved and Councilmember Russom seconded, to deny the rezoning of this project. Under discussion, Councilmember Nave stated that it might be years be- fore there is a project such as this. It doesn't take care of low and moderate cost housing, but it takes care of a certain element of our population. There are people who would love to move into this and it could be a successful program. Mayor Mulryan stated that there is no doubt that there is a market in Marin for the project. The question is whether we allow market demand to dictate what we put in our City exclusively as opposed to how closely we adhere to our Master Plan which has been given a great deal of thought. Mayor Mulryan emphasized that this is a housing impact area. Councilmember Russom stated that he wished to clarify why he is support- ing the motion. It is because this is one of our last major areas in San Rafael where we can develop some high density housing without a lot of the political problems that we run into in other parts of town, and we can have a very good mix of affordable and below market rate along with market rate housing. AYES: COUNCILMEMBERS: Breiner, Russom and Mayor Mulryan, NOES: COUNCILMEMBERS: Frugoli and Nave ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 4/2/84 Page 8 S;RCC Minutes (Regular) 4/2/84 Page 9 19. DESIGNATION OF PROPERTY AS A HISTORIC LANDMARK: 115 "J" STREET, A.P. 10-171-05 (Pl) - File 13-14-2 Mayor Mulryan declared the public hearing opened. Ms. Jeanine Gisvold, owner, addressed the Council stating they have great plans to restore the house to the way it was when it was owned by the Dollar family; they will be using a 1895 photograph as a guide. With no further public comments, the hearing was closed. RESOLUTION NO. 6781 - DESIGNATING 115'"J" STREET AS A HISTORICAL LANDMARK AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom'& Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. REPORTS TO CITY COUNCIL: (Pl) a. DOWNTOWN AD HOC RETAIL COMMITTEE - File 9-2-38 Planning Director Moore briefed the Council stating that in November, 1982 City Council formed the Downtown Ad Hoc Committee to report back on City activities. The Committee has met on a weekly basis. Ms. Lynn Sedway, Chair of the Downtown Ad Hoc Committee, gave a brief review of the work done by the Committee and thanked the students of San Rafael High School who, with the assistance of Mrs. Virginia Franklin, conducted a survey of the City's shoppers. She also thanked Mr. Bob Peterson of Fireman's Fund for putting the survey on the com- puter, and Ms. Jean Freitas,from City staff. Among the recommendations made, it was suggested that all efforts be made to retain Macy's as a quality store; to encourage more office and residential development in the Courthouse Square area;in order to remedy the break that occurs at the Courthouse Square building, to have more retail spaces on the Plaza; in order to correct the downtown linear character, to encourage retail uses along "A", "B" and "C" Streets, and to make an all out effort to discourage auto -related uses on Fourth Street. A great deal of time was spent discussing transportation, and it is obvious that public transit and a terminal are badly needed. It was also agreed that the beautification of San Rafael should continue, and it was recommended that an agency be retained to promote downtown retail and service. Missing from the recommendations is the source of funding. Councilmember Frugoli asked Ms. Sedway how she feels about retaining this Committee, considering the shopping centers slated to open in Corte Madera and Novato, and the need to revitalize the downtown. She replied that there is some merit to it, but the Committee need not meet more than on an "as needed" basis. In response to a question from Councilmember Russom, Ms. Sedway indi- cated that auto -related uses referred to garages and gas stations on Fourth Street near Lincoln and the used car lots on Fourth Street in the West End area. Mayor Mulryan thanked Ms. Sedway for her presentation and Council agreed with Ms. Sedway's suggestion that the Committee meet on an "as needed" basis. b. DOWNTOWN PARKING DISTRICT ADVISORY COMMITTEE - File 9-2-37 Planning Director Moore stated that the Downtown Parking District Advisory Committee was established in July, 1982 and was to review and present recommendations re parking for office projects outside the Downtown Parking Assessment District, and review and make recommenda- tions regarding parking within the Parking District boundary. Recommendations have been made and changes to the zoning ordinance were made in December, 1982. After that, the Committee reviewed many refer- rals from the City Council. The Committee has requested a workshop in- cluding City Council, the Planning Commission and the Committee to discuss their recommendations. Mayor Mulryan stated that rather than review the report in full at this meeting, with Council's approval, he is recommending that the workshop meeting be set at which time the report and recommendations will be discussed. After a short discussion, the date for the joint workshop was set for April 23, 1984, at 8:00 Phi in the Council Chambers. Councilmember Russom moved and Councilmember Nave seconded, to accept the staff report with thanks for the work done by both the Downtown Ad Hoc Retail Committee and the Downtown Parking District Advisory Com- mittee. SRCC Minutes (Regular) 4/2/84 Page 9 21 22 �3. SRCC Minutes (Regular) 4/2/84 Page 10 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None REPORT ON ACCESS TO THIRD AND "A" STREETS PARKING STRUCTURE (PW) - File 140 x (SRRA) R-195 Public Works Director Bernardi reviewed the actions taken so far on the subject of ingress to the Third and "A" Streets Parking Structure, and referred to meetings of the Redevelopment Agency on July 6, 1981, July 20, 1981 and January 18, 1982. No changes have been made so far to the access to the parking structure, but the Redevelopment Agency adopted a Resolution certifying an Amended Negative Declaration on the parking structure project and determined that this project would not have a significant effect upon the environment. Because of the physical conditions, it is not possible to provide direct ingress to the parking structure from Third Street. It is possible to provide an indirect access from Third Street via a "contra flow lane" on "B" Street. The cost for this work would be approximately $20,000. Because of the action taken previously by Council with regard to new signs on the building, it is recommended that some time be allowed to assess the effectiveness of the signs, and that Council take no action at this time After discussion, Councilmember Frugoli moved and Councilmember Breiner seconded, to take no action at this time. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Mayor Mulryan left meeting) HIGHWAY 101 CORRIDOR PROGRAM POLICY ISSUES (P1) - File 170 Planning Director Moore stated that Memorandum 3 which was sent to Councilmember Frugoli and other members of the Council and to staff raised substantial policy questions. Staff feels that the City response should be fairly genera, and that the City's position be not to preclude or prejudge any of the options or alternatives that are being considered at this stage. The consultant is just now developing some evaluation criteria. After discussion, Councilmember Russom moved and Councilmember Nave seconded, to authorize Councilmember Frugoli to meet with Highway 101 Corridor Program Consultants to relate City of San Rafael's responses to Technical Memorandum 3. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave and Russom NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan (Mayor Mulryan returned to meeting) REVIEW OF MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION ORDINANCE (CA) - File 9-4-2 City Attorney Muzio briefed Council stating that after the 1983 election, his office received inquiries about the Ordinance and whether it had been violated during the campaign. The City Attorney's Office has reviewed the Ordinance and found it to have many limitations; (1) The Ordinance is not enforceable against a candidate. The intent of the Ordinance as a whole was to make it illegal for a candidate to solicit or accept contributions exceeding $250. The statute merely limits the contribution by a person other than a candidate, but does not limit the solicitation or acceptance of such a contribution by a candidate; (2) The Ordinance does not limit expenditures in support of or in opposition to a particular candidate, it only limits contributions to the candidate or his campaign committee. It is not a violation for a person to contribute the $250 maximum to a candidate's campaign and at the same time take out advertising in support of the candidate at an additional cost. Neither does the Ordinance limit the amount a person might spend in opposition to a particular candidate by way of advertis- ing; (3) The definition of "person" is unclear. The definition of person should probably be reworded so that it is more inclusive. Councilmember Russom stated that the defects pointed out by the City Attorney have been felt by councilmembers who find the Ordinance not workable and effective. He questioned the need for the Ordinance at all and stated that the State laws that require a disclosure of con- tributions are sufficient. Councilmember Nave concurred with Councilmember Russom. SRCC Minutes (Regular) 4/2/84 Page 10 SRCC Minutes (Regular) 4/2/84 Page 11 Councilmember Nave moved and Councilmember Russom seconded, to direct the City Attorney to prepare an Ordinance repealing the campaign con- tribution control Ordinance. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Breiner left meeting) 24. APPROVAL OF CONTRACT WITH CMSI TO PROVIDE A COMPUTER MANAGEMENT INFORMATION SYSTEM (CM) - File 4-3-117 Assistant City Manager Nicolai stated that on February 6, 1984, Council received a report on options for automating the various functions throughout the City's operation. Council accepted the report and authorized staff to negotiate a five year contract with CMSI (Computer Management Services, Inc.). A Resolution and a contract are included with the staff report. Councilmember Russom stated that at the previous meeting it had been requested that staff make sure other suppliers were not being over- looked. Ms. Nicolai replied that there have been contacts with other people but none are in the same category. City Manager Beyer stated that the gentleman who had addressed the Council about this contract at the previous meeting never came back. RESOLUTION NO. 6782 - AUTHORIZING THE SIGNING OF AGREEMENT(W/COMPUTER MANAGEMENT SERVICES, INC. TO PROVIDE A COMPUTER MANAGEMENT INFORMATION SYSTEM - 5 Year Agreement) AYES: COUNCILMEMBER�3: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner (Councilmember Breiner returned to meeting) 25. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1480 - 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" (UNCLASSIFIED) DISTRICT TO P -C -M (PLANNED COMMERCIAL AND LIGHT INDUSTRIAL) DISTRICT (1220 ANDERSEN DRIVE) (Pl) - File 10-3 x R-232 x SRCC 4-4-4 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP 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" (UNCLASSIFIED) DISTRICT TO P -C -M (PLANNED COMMERCIAL AND LIGHT INDUSTRIAL) DISTRICT (1220 Andersen Dr.) Councilmember Russom moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1480 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. NOVATO/SAN RAFAEL SPHERE OF INFLUENCE BOUNDARY (LAS GALLINAS AREA) (Pl) - File 149 Councilmember Frugoli moved and Councilmember Nave seconded, to authorize the Mayor to communicate to LAFCo that the City of San Rafael has no position at the present time regarding the Las Gallinas area amendment to the San Rafael Sphere of Influence. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 27. RECISION OF PREVIOUS ACTION RE PORTABLE POLICE RADIOS AND ADOPTION OF NEW RESOLUTION TO AWARD BID (CM) - File 4-2-173 City Manager Beyer briefed the Council stating that this item was brought to Council's attention at the previous meeting at which time it was thought that this was the total package. The next day, it was found that we had not presented all of the information. The recom- mendation is the same. RESOLUTION NO. 6783 - RESCINDING RESOLUTION NO. 6769 AND AUTHORIZING THE PURCHASE OF RADIO COMMUNICATION EQUIPMENT FOR THE POLICE DEPARTMENT SERVICE (From the MOTOROLA COMMUNICATIONS ENGINEERS, INC., low bidder, meeting specifications, for eight (8) Walkie-Talkie radios and ancillary equipment for a total price of $11,020.40) SRCC Minutes (Regular) 4/2/84 Page 12 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 28. APPROVAL OF NOMINATION FOR SENIOR CITIZEN OF THE YEAR AWARD - File 109 x 9-2-3 Mayor Mulryan stated that he recommended nominating Lyman B. McBride for Senior Citizen of the Year Award. Councilmember Frugoli moved and Councilmember Breiner seconded, to nominate Lyman B. McBride for Senior Citizen of the Year Award. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 29. ANNUAL HOUSING REPORT (Pl) - File 10-6 After a short discussion, Councilmember Breiner moved and Councilmember Frugoli seconded, to accept the Annual Housing Report. Workshop with the Planning Commission to be scheduled. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 30. REQUEST FOR ENCROACHMENT PERMIT TO INSTALL PRIVATE SEPTIC SEWER SYSTEM ON CITY OPEN SPACE - 19 INDIAN ROAD (PW) - File 2-11 Public Works Director Bernardi stated that what is being asked at this time is a policy decision on whether this concept is acceptable to the Council. If it is, staff will proceed to modify the Ordinance to allow for an exception procedure, the matter will be referred to the Park and Recreation Commission and an agreement will be prepared for the use of open space. Mayor Mulryan asked Mr. Bernardi if the installation will be noticeable on the surface, and Mr. Bernardi replied that the main part of the septic system will remain on private property. The leach lines will be in open space and will be covered by gravel, dirt and be reseeded. In response to a question from Councilmember Breiner, Mr. Bernardi indicated that the previous system had failed because of a bad design. Councilmember Frugoli moved and Councilmember Russom seconded, to accept staff recommendation to consider the request to place a portion of a septic sewer system in City -owned open space and directed staff to: (1) refer this issue to the Park and Recreation Commission for recom- mendations; (2) prepare a revision to the existing Ordinance to allow for the granting of exceptions, and (3) to prepare an agreement, for Council consideration, between the City and the applicant. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEMS: I. POLICE MANNING OF INTERSECTIONS TO DIRECT TRAFFIC - File 11-1 x 9-3-30 Mayor Mulryan stated that there had been interest in seeing the inter- sections manned by police officers at rush hours, but it seems this has not been implemented. City Manager Beyer indicated that he has discussed this item with Police Chief Ingwersen. Chief Ingwersen stated a commitment has been made to man the intersections when necessary. II. MITIGATION FEES IN EAST SAN RAFAEL - File 10-2 x (SRRA) R-189 At the request of Councilmember Russom, Council agreed to ask staff to pursue the feasibility of assessment district proceedings in East San Rafael to incorporate traffic mitigation fees. This would broaden the base and involve older projects which would benefit from the roadway improvements, but still put a large burden on new businesses. CLOSED SESSION 31. CLOSED SESSION TO DISCUSS PENDING LITIGATION AND LABOR NEGOTIATIONS The Council adjourned to Closed Session to discuss pending litigation and labor negotiations, then reconvened in public and unanimously approved George Kilts Company,,, Inc.recommendation to deny Claim for Damages in the name of: Mark Summers - File 3-1-864 (SRCC Item No. 13b). SRCC Minutes (Regular) 4/2/84 Page 12 SRCC Minutes (Regular) 4/2/84 JUNt M. LEONCIN,City Clerk APPROVED THIS OF Page 13 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 4/2/84 Page 13