HomeMy WebLinkAboutCC Minutes 1984-05-07SRCC Minutes (Regular) 5/7/84 Page 1
In the Council Chambers of the City of San Rafael, Monday, May 7, 1984
at 8:00 PM.
Regular Meeting:
Present: Lawrence E. Mulryan, Mayor
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Jerry Russom, Councilmember
Absent: Dorothy L. Breiner, Council -
member
(Absent through Item No. 22 -
Arrived @ 9:50 PM)
Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City
Clerk; Peter J. Muzio, City Attorney
CONSENT CALENDAR
Councilmember Frugoli moved and Councilmember Nave seconded, to approve
recommended action on the following consent calendar items:
Item
1. Approval of Minutes of Regular
Meeting of April 2, 1984 and
Special Meetings of April 9 and
April 16, 1984 (CC)
3. Agreement and Grant of Easement
from State of California for
Drainage Facilities at End of
Robinhood Drive (China Camp
State Park) (PW) - File 4-8-21
x 2-4-10
4. Request for Authorization to
Call for Bids - 1984 Street
Resurfacing Project (PW) -
File 4-1-365
5. Request for Authorization to
Call for Bids - Albert Park
Grandstand Painting (PW) -
File 4-1-362
6. Appeal of Handicapped Access Re-
quirements - 2130 Fourth Street
(PW) - File 13-1-1
S. Bid Opening and Award of Contract -
Sound Equipment and Installation
for Multi-purpose Room, Pickleweed
Park Community Center (CM) -
File 4-2-189 x 2-1-55
Recommended Action
Approved as submitted.
RESOLUTION NO. 6795 - AUTHORIZING
SIGNING OF AGREEMENT AND GRANT OF
EASEMENT WITH THE STATE OF CALIFORNII
(For Maintenance of drainage facili-
ties End of Robinhood Drive - China
Camp State Park)
Approved staff recommendation.
Approved staff recommendation.
Set public hearing for May 21, 1984.
RESOLUTION NO. 6796 - AUTHORIZING
PURCHASE AND INSTALLATION OF EQUIP-
MENT FOR A SOUND SYSTEM FOR MULTI-
PURPOSE ROOM, PICKLEWEED PARK COM-
MUNITY CENTER (CM) (To Pro Media,
low bidder, in amount of $3,416.59)
9. Report on Annual Filings - Fair Accepted report.
Political Practice Commission
Form 730, Statement of Economic
Interests for Designated Employees
(CC) - File 9-4-3
11. Claims for Damages:
a. Ron Broyles, Automatic
Amusements Corp. (PW) -
File 3-1-867
b. Ron Broyles (PW) - File 3-1-867a
c. Justine Astrin (PW) -
File 3-1-870
d. Margaret Aragon (PD) -
File 3-1-873
e. Suzanne R. Daily (PW) -
F; l 1� R_l _R7A
Approved George Hills Co., Inc.
recommendations for denial of
claims.
SRCC Minutes (Regular) 5/7/84 Page 1
13. Agreement Re Placement of
Sculpture on Falkirk Grounds
(Lib/Cult. Aff.) - File 4-3-118
14. Status Report on City of
San Rafael Canal Pollution Study
(PW) - File 13-12
AYES: COUNCILMEMBERS: Frugoli,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
SRCC Minutes (Regular) 5/7/84 Page 2
RESOLUTION NO. 6797 - AUTHORIZING
THE MAYOR TO SIGN AN AGREEMENT WITH
INTER -ARTS OF MARIN AND SCULPTOR
JOHN ROLOFF FOR THE TEMPORARY PLACE-
MENT OF A SCULPTURE ON THE GROUNDS
OF FALKIRK
Accepted report.
Nave, Russom and Mayor Mulryan
2. AWARD OF CONTRACT - 1983/84 AUDIT SERVICES (Fin) - File 8-1
Councilmember Russom indicated he had talked with Mr. Ted Israel of
Eckhoff Accountancy Corp. who stated he would be happy to meet with
individual councilmembers to explain the accounting procedures being
followed.
Councilmember Russom then moved and Councilmember Frugoli seconded,
to authorize Eckhoff Accountancy Corp. to proceed with the 1983/84 audit.
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
7. REPORT ON CALTRANS' PROJECTS: (PW) - File 11-16 x 171 x 9-3-40
a. SOUTHBOUND AUXILIARY LANE
b. HOV PROJECT
Mayor Mulryan asked Public Works Director David Bernardi for a brief
summary of Caltrans' report. Mr. Bernardi indicated that Caltrans'
policy for 1983 indicates a new direction they want to take as far as
working with local government and getting projects out to bid. He
stated there is a 1.2 billion dollar capital improvement program for
this and half of the next fiscal year for Caltrans. Of all the monies
allocated to Caltrans, 6070 automatically goes to Southern California,
because of the population.
The report was accepted, without motion, with the suggestion that Mayor
Mulryan and City Manager Beyer, along with Public Works Director Bernardi
meet with Caltrans to make a new contact.
10. STATUS REPORT ON COUNTY REVIEW OF NORTHGATE ACTIVITY CENTER PLAN (Pl) -
File 10-2
Mayor Mulryan suggested the City take an active roll in this matter, and
commented that Planning Director Moore's letter had not received a response
but he thought it was excellent. Planning Director Moore indicated this
is something we need to continue coordinating with them, as they have not
been very responsive in replying to our concerns about their adoption of
the plan. There are difficulties over Deerfield Park. County staff does
not fully understand our Plan; they are trying to have us give certain
kinds of credits.
Councilmember Nave stated there are philosophical differences on the way
traffic mitigation is being handled. Planning Director Moore pointed
out the difficulty is that they have not identified the alternate funding
source that will take care of the shortfall from the credit system the
County is proposing, and it is very unclear whether the County feels they
have a responsibility to maintain a reasonable level of service at the
Lucas Valley -Smith Ranch Road interchange.
Council accepted report without motion.
12. APPROVAL OF NEGOTIATED SETTLEMENT WITH POLICE OFFICERS ASSOCIATION (POA)
(PD) - File 7-8-3
Mayor Mulryan stated that in accepting this recommendation, there will
be no cost this year, because of certain savings, but asked what the
long term impact to the City will be. City Manager Beyer replied the
cost will be $20,000 annually.
SRCC Minutes (Regular) 5/7/84 Page 2
SRCC Minutes (Regular) 5/7/84 Page 3
Councilmember Nave then moved and Councilmember Frugoli seconded, to
approve the recommended settlement and authorize the changes in P.S.A.
and Patrol Officer positions, which reduces the number of allocated
Police Service Aides positions to two (2) and restores two (2) of the
four (4) deleted Police Officer positions.
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
15. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS -
1821 FOURTH STREET (PW) - File 13-1-1
Mayor Mulryan opened the public hearing.
Public Works Director Bernardi indicated that Phillip__Bonanno-'and"Steve
Chaikin are proposing to remodel the existing store at 1821 Fourth Street
and open a furniture refinishing business. They have estimated their
remodeling costs at $25,000. Accessibility requirements would necessitate
the enlargement of the existing toilet room and access ramps. Structural
revisions to the building would be required. This work is estimated to
cost $2,000. Vernon Cox of the Center for Independent Living has notified
the City that they do not feel that the toilet room and related access
ramps are warranted at this time.
There being no comments from the public, the hearing was closed.
Councilmember Nave moved and Councilmember Frugoli seconded, to approve
staff recommendation that the City Council, sitting as the Board of Appeal:
determines that in this particular case the provision of a handicapped
accessible toilet room and related access ramps would represent an un-
reasonable hardship, and directs staff to prepare an appropriate Resolutioi
with Findings upholding the appeal and bring said Resolution back -.for
adoption at the next meeting.
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
16. PUBLIC HEARING - KERNER BOULEVARD ASSESSMENT DISTRICT (PW) - File 6-35
Mayor Mulryan opened the public hearing.
Public Works Director Bernardi informed the Council that the packet of
information given to them specifies all the action to be taken to finally
form the assessment district; plans and specifications were advertised;
bids were opened.Edwin Ness, Bond Counsel is here to provide any legal
assistance. Because of the Protest Hearing tonight, there are property
owners who wish to address the Council. Lee Oberkamper, Project Engineer,
is also here to give any details needed.
Mayor Mulryan then inquired as to whether there was anyone protesting the
assessment district formation.
Tom Foley spoke, indicating he and his associate, Jim Curtis, real estate
advisors for the Marin County Employees Retirement Association, wanted
their letter of protest,which had been presented previously,to be included
as part of the record. Mr. Foley commented he did not feel they would
benefit from the proposed assessment district, and they object to the
allocation of land acquisition, construction, and indirect costs concern-
ing the proposed Morphew Avenue.
David Hellman, Attorney representing Fred Grange, spoke and said he be-
lieved the Council has a letter which had been submitted which summarizes
the concerns Mr. Grange has. Mr. Grange does not oppose the formation
of the district, but there are certain issues that he feels are inequitablE
in relation to him. He owns Parcels 22A and 22B. These are the only two
parcels in the entire district which do not have access to one of the
proposed new roads. Mr. Hellman indicated Mr. Grange is being assessed
for "traveled way" which amounts to over $100,000 in assessments. Mr.
Hellman stated it,is their contention that this particular assessment will
not benefit Mr. Grange. He stated that Mr. Grange has access on
Francisco Blvd. and has paid assessments in the past and there are more
assessments included in this district which will improve Francisco Blvd.,
and he is certainly not objecting to this; however, his feeling is that
SRCC Minutes (Regular) 5/7/84 Page 3
SRCC Minutes (Regular) 5/7/84 Page 4
none of the joint new streets that will be in the area will directly
benefit him. Therefore, Mr. Grange feels he should not be assessed for
those two parcels. Mr. Hellman stated that the second point in his
letter points out that Mr. Grange has dedicated some property to the
City that will be part of the new Kerner Boulevard, and also part of
the pond. There is a proposal before the Council, at least in terms of
the budget, to reimburse Phoenix Leasing for that property. We under-
stand there is an issue as to whether anybody should be compensated. We
feel if anybody is to be compensated, Mr. Grange should be.
There is also the issue of reimbursement to property owners on Morphew
Street for the property that is being taken in order to put in the street.
Again,when Mr. Grange owned a parcel that abutted onto what will be
Morphew Street, he then dedicated the property to the City. He should
also receive reimbursement for this.
Finally, there is the issue of levee improvements that are to be made
for the pond. The initial agreement between the owners did not include
the pond levee. At this point, the feeling is that the property owners,
in particular those connected with south of Kerner, should not have to
bear any of the levee assessments. Mr. Hellman indicated that the City
policy on this, as we understand it, has been to make property owners
pay for their own levee improvements. We feel at this point and time
that those persons south of Kerner should not have to bear that cost, even
if the spread is to include other parcels. He indicated that his client,
Fred Grange, is also concerned about the impact of this assessment distric-
on the area, in two policy areas which are not directly related to the
assessment spread, but in terms of future traffic mitigation fees. Mr.
Hellman asked the Council to recognize the fact that this is an assessment
district of approximately 52' million dollars; because of traffic mitiga-
tion fees and because of the uncertainty of future development in the
area, particularly with consulting reportsthat could be presented in the
future, use of this whole area could be somewhat restricted. We would
like to see the property owners allowed to develop the property in terms
of compatibility and consistent with present development in the area.
In terms of variances where the property owners are having part of their
parcels taken, they should be allowed to have certain variances, or the
City would recommend that as a potential possibility, as they have done
in the past.
Mr. Raymond Piombo came forward to state that Piombo Bros. would like
to be included in the new assessment district. He indicated he had sub-
mitted a letter dated May 7, 1984, to the Council, asking to be included
so that they may receive the promised reimbursements for the improvements
which they have constructed.
Lee Oberkamper, Project Engineer, stated he would like to review briefly
for the Council the rationale that was used in determining the manner in
which the assessments were spread, i.e., basically the areas in which
questions have arisen. The Marin County Employees Retirement Association
has frontage on Francisco Blvd.;the new street Morphew Blvd. will run
along its westerly boundary and new Kerner Blvd. along its northerly
boundary. The assessments for the new streets to be constructed within
the assessment district were uniformly assessed on the basis of "traveled
way" within the assessment district on the basis of area, figuring that
each property contributes to the use of the "traveled way". The frontage
improvements, that is, the parking lane and curb, gutter and sidewalk
improvements were assessed on the basis of front footage. We have
heard and reviewed the position of the Marin County Employees Retirement
Association. Mr. Oberkamper indicated it was his feeling that they
benefit from the construction of Morphew Street along their property line,
particularly with respect to the frontage improvements, since on -street
parking is thereby created along their frontage, and the "traveled way"
improvements provide for improved traffic circulation, including to their
property.
Councilmember Frugoli commented that he definitely would think it would
improve the value of their property -- with a corner lot surrounded by
three streets.
Concerning Parcels 22A and 22B, which were created at the time the Phoenix
Leasing parcel was created and sold. to them, Mr. Oberkamper indicated
it was his view that they do benefit from the improvement of the traffic
circulation in the area as a whole. Concerning the question of right-of-
way acquisition, and the desire for payment for those rights-of-way by
SRCC Minutes (Regular) 5/7/84 Page 4
SRCC Minutes (Regular) 5/7/84 Page 5
Mr. Grange, Mr. Oberkamper indicated that right-of-way acquisition has
been uniformly treated as being related to the property on which the
street right-of-way fronts, rather than based on who the person was who
granted the right-of-way. Further, since properties can, and do, change
hands, street right-of-way runs with the property, and it is appropriate
that the right-of-way costs go to those ownerships.
With respect to the levee assessment, the assessment for the breakwater
levee which lies along the bayfront adjoining the pond was assessed
uniformly on the basis of area. The East San Rafael Drainage Assessment
District No. 1, which was formed a number of years ago, did include in
it provision for levee construction, and those levee constructions were
to be assessed and were set on the basis of all of the properties that
were being protected by the levees. Mr. Oberkamper indicated that basis
is appropriate in this assessment district also.
Edwin Ness, Bond Counsel, commented on Mr. Piombo's statements and the
letter he presented, concerning the question of the work Mr. Piombo has
done and also the question of some P.G. & E. improvements and who should
pay for the cost of these improvements.
Mayor Mulryan suggested that Mr. Ness and Mr. Piombo discuss these prob-
lems to try to resolve them. A discussion was then held about whether
to continue the public hearing for two weeks or to close the public
hearing, overrule the protests and continue on.
Mario Ghilotti, who owns property within the assessment district, urged
the Council to accept the low bid, which is 15% below the Engineer's
estimate, representing almost $300,000, and go forward with the formation
of the assessment district.
Jim Curtis., representative of the Marin County Employees Retirement
Association, again contested their $45,000 assessment.
With no further comments from the public, Mayor Mulryan closed the
public hearing.
a. Resolution Overruling Protests
RESOLUTION NO. 6798 - RESOLUTION OVERRULING PROTESTS -
KERNER BOULEVARD ASSESStIENT DISTRICT
AYES: COUNCILMEMBERS: Frugoli,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
b. Amended Engineer's Report - Filed
Nave, Russom and Mayor Mulryan
c. Resolution Approving Agreement with the Marin Municipal Water District
RESOLUTION NO. 6799 - RESOLUTION APPROVING AGREEMENT WITH
MARIN MUNICIPAL WATER DISTRICT -
KERNER BOULEVARD ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
d. Resolution Approving Agreement with the San Rafael Sanitation District
RESOLUTION NO. 6800 - RESOLUTION APPROVING AGREEMENT WITH THE
SAN RAFAEL SANITATION DISTRICT -
KERNER BOULEVARD ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILNIEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
e. Resolution Approving Amended Report and Assessment and Ordering
Improvements
RESOLUTION NO. 6801 - RESOLUTION APPROVING REPORT AND ASSESSMENT AND
ORDERING IMPROVEMENT -
KERNER BOULEVARD ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILVEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
SRCC Minutes (Regular) 5/7/84 Page 5
SRCC Minutes (Regular) 5/7/84 Page 6
f. Resolution Authorizing Change Orders
RESOLUTION NO. 6802 - RESOLUTION AUTHORIZING CHANGE ORDERS -
KERNER BOULEVARD ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILME1kBERS: Breiner
At this point, Mr. Ness asked Mayor Mulryan to have the Council not take
any further actions, and asked if he could leave the Council Chambers
and discuss further the awarding of the contract with Mr. Mario Ghilotti.
Mayor Mulryan granted the request.
(Balance of this item was acted on after item No. 20, as follows:)
Mr. Ness spoke, indicating it was his recommendation that the City
Council go forward with the adoption of the Resolution awarding contract
to Ghilotti Bros, low bidder.
g. Resolution Awarding Contract
RESOLUTION NO. 6803 - RESOLUTION AWARDING CONTRACT -
KERNER BOULEVARD ASSESSMENT DISTRICT
(To Ghilotti Bros.,low bidder, in amount of
$1,861,522.00)
AYES: COUNCILME14BERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
h. Notice Awarding Contract - Original filed.
i. Appraisal Report - Filed.
j. Resolution Certifying Negative Declaration
RESOLUTION NO. 6804 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION
FOR KERNER BOULEVARD ASSESSMENT DISTRICT AND
WETLANDS PLAN
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
17. PUBLIC HEARING - UP83-116 & ED83-120 - APPEAL OF TRAFFIC MITIGATION FEES
FOR OFFICEWAREHOUSE COMPLEX AND RELATED SITE IMPROVEATNTS; ANDERSEN DRIVE
AND DODIE STREET; GRADY FAMILY, OWNER; RAY HOFFMAN III, REPRESENTATIVE
AND APPELLANT; AP 11-142-39 (Pl) - File 10-2
Mayor Mulryan opened the public hearing.
Planning Director Anne Moore stated that the Planning Commission had
conditionally approved use permit and design review applications for
approximately 29,000 gross sq. ft. office/light industrial building on
a 1.7 acre site directly east of Marin Surplus on Andersen Drive. Clover
Dairy currently uses the majority of the site as an office and dispatch
yard and a portion of the site is fenced for recreational vehicle storage.
The proposal consists of the development of a single story structure.
The Planning Commission approval action of April 10, 1984 imposed several
standard conditions, including a condition requiring the payment of a
$74,841 traffic mitigation fee prior to the issuance of a building permit.
This is the condition being appealed tonight. The requirement that the
traffic mitigation fee be paid at the time of building permit issuance is
consistent with Council Resolution No. 6716.
Ms. Moore indicated that staff is recommending adoption of resolution
upholding the Planning Commission approval of the use permit and denying
the appeal.
Appellant Ray Hoffman stated it is his contention that the number of peak
hour trips is overestimated and the per trip fee is excessive and burden-
some. In addition, he felt that limiting the payment of traffic mitigation
fees to new developments is discriminatory. He stated the payment of
traffic mitigation fees upon issuance of the building permit is unjust
when compared to the prior policy of delaying payment of fees until the
funds were to be used.
SRCC Minutes (Regular) 5/7/84 Page 6
SRCC Minutes (Regular) 5/7/84 Page 7
Mayor Mulryan indicated that the policy to impose interim mitigation
fees has been discussed at length and it is hoped that eventually the
mitigation fees can be spread out more evenly; in the meantime these
funds are required to go along with other "hoped for" sources of
revenue to get the needed improvements accomplished.
With no further comments from the public, the hearing was closed.
RESOLUTION NO. 6805 - RESOLUTION UPHOLDING THE PLANNING COMMISSION'S
APPROVAL OF UP83-116 AND ED83-120 AND DENYING
THE APPEAL (Andersen Drive and Dodie Street)
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
18. PROCESSING OF DEVELOPMENT APPLICATIONS DURING PREPARATION OF EAST
SAN RAFAEL NEIGHBORHOOD PLAN (Pl) - File 218
Planning Director Moore briefed her report for the Council, indicating
a checklist has been devised which has been very well received by most
of the property owners and homeowners. Both the Planning Commission and
Planning staff recommend adoption of the review process in preparation
of the neighborhood plan.
Councilmember Russom mentioned that the process will allow the Council
to look at each project on its own merits.
Councilmember Russom moved and Councilmember Frugoli seconded, to adopt
the development application review process during preparation of the
East San Rafael Neighborhood Plan, as presented.
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
19. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1483 - AMENDING
VARIOUS SECTIONS OF TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE CON-
CERNING REGULATION OF LATE NIGHT CONVENIENCE MARKETS AS CONDITIONAL
USES (Pl) - File 10-3
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
SECTIONS 14.08.130, 14.40.020IIa, 14.44.020IIa, 14.46.040f,
14.47.020IIb, AND 14.56.025m OF THE SAN RAFAEL MUNICIPAL CODE TITLE
14 CONCERNING REGULATION OF LATE NIGHT CONVENIENCE MARKETS AS
CONDITIONAL USES"
Councilmember Frugoli moved and Councilmember Nave seconded, to dis-
pense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1483 by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
20. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1484 - REPEALING
CHAPTER 2.38 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED "MUNICIPAL
ELECTION CAMPAIGN CONTRIBUTION CONTROL" (CA) - File 9-4-2
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING
CHAPTER 2.38 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED "MUNICIPAL
ELECTION CAMPAIGN CONTRIBUTION CONTROL"
Councilmember Frugoli moved and Councilmember Russom seconded, to dis-
pense with the reading, to refer to it by title only, and adopt
Charter Ordinance No. 1484 by the following vote, to wit:
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
SRCC Minutes (Regular) 5/7/84 Page 7
SRCC Minutes (Regular) 5/7/84 Page 8
21. CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT (PW) - File 6-42
Council reviewed a staff report regarding the proposed Civic Center -
Northgate Assessment District for which petitions have been signed by
more than 607o of the property owners, regarding acquisition of capacity
in Northgate Activity Center Plan traffic improvements, including: the
proposed Merrydale Road overcrossing of Highway 101 northbound on-ramp
from Manuel T. Freitas Parkway interchange, and other traffic improve-
ments proposed in the City of San Rafael Activity Center Plan. The
Council then took the required steps toward formation of the Assessment
District.
a. Petitions - Filed
b. Certificate Re Petition - Filed
c. Resolution Accepting Petition
RESOLUTION NO. 6806 - RESOLUTION ACCEPTING PETITION -
CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEDIBERS: Breiner
d. Boundary Map - Filed
e. Resolution Approving Boundary Map
RESOLUTION NO. 6807 - RESOLUTION APPROVING BOUNDARY MAP -
CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
f. Resolution Approving Agreement for Legal Services
RESOLUTION NO. 6808 - RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES -
CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT
(With Sturgis, Ness, Brunsell & Sperry a pro-
fessional corporation)
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
g. Resolution Approving Agreement for Engineering Services
RESOLUTION NO. 6809 - RESOLUTION APPROVING AGREEMENT FOR ENGINEERING
SERVICES - CIVIC CENTER-NORTHGATE ASSESSMENT DIST.
(With Coleman, Selmi & Wright)
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
h. Resolution of Preliminary Determination to Undertake Special Assessment
Proceedings and Setting Time and Place of Hearing
RESOLUTION NO. 6810 - RESOLUTION OF PRELIMINARY DETERMINATION TO
UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND
SETTING TIME AND PLACE OF HEARING (Monday,
June 18, 1984, at 8:00 PM in the Council Chambers)
AYES: COUNCILDIEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
i. Resolution of Intention
RESOLUTION NO. 6811 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN
CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
j. Engineer's Report - Filed
k. Resolution Accepting Report and Setting Hearing
RESOLUTION NO. 6812 - RESOLUTION ACCEPTING REPORT AND SETTING HEARING
OF PROTESTS - CIVIC CENTER-NORTHGATE ASSESSMENT
DISTRICT (Monday, June 18, 1984, at 8:00 PM in
Council Chambers)
SRCC Minutes (Regular) 5/7/84 Pave 9
SRCC Minutes (Regular) 5/7/84 Page 9
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Alulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMBMBERS: Breiner
1. Notice of Improvement - Filed
22. REQUEST TO PRESENT LATE APPEAL - THREE LOT SUBDIVISION AT THE END OF
SANTIAGO WAY; HASSAN SABBAGHIAN, OWNER AND REPRESENTATIVE; AP 165-141-30
(Pl) - File 10-2
Planning Director Moore briefed her report, indicating that Hassan
Sabbaghian of S & Z Construction has filed a late appeal of a condition
that was imposed by the Planning Commission on a design review permit
approved in October 1983 for three new single family dwellings at the
end of Santiago Way. The condition that is being appealed pertains to
payment of a traffic mitigation fee in the amount of $6,348 which was
imposed by the Planning Commission for conformity with the Northgate
Activity Center Plan. The applicant contends that the fee is unjustified
given the size of the development and the fact that the subject property
is not located within the boundaries of the Northgate Activity Center.
As with numerous other projects including Meadow Oaks and Laurel Glen,
the Planning Commission required the fee because traffic generated by
this project is tributary to the critical intersections with the Northgate
area. The applicant did not protest the fee at the time of Planning
Commission review nor appeal to the City Council at that time.
Staff contends there is not"basis for the appeal. In fact, if the appeal
were approved, the project would not be consistent with the Northgate
Activity Center Plan and the City's insistence that the County impose
traffic mitigation fees on County projects in the areas tributary to
the Activity Center.
Mayor Mulryan indicated he felt the City would be on dangerous ground in
granting exceptions and recommended denial of request to present late
appeal.
After further discussion, Councilmember Russom moved and Councilmember
Frugoli seconded, to deny request to present late appeal.
AYES: COUNCILMEMBERS: Frugoli, Nave, Russom and Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Breiner
23. PROPOSAL TO ADVERTISE CITY -OWNED PROPERTY FOR LEASE - LOCATION OF
PROPERTY, 522 "B" STREET (RA) - File 2-8-25 x 2-8-19
Redevelopment Program Manager Howard Ours presented his report, indicating
522 "B" Street consists of 18,675 sq. ft. of land improved with a 9,854
sq. ft. warehouse building of which 728 sq. ft. is office. The property
was acquired in 1978 for future expansion of Albert Park.
The current lease, at $1,500 a month, is due to expire on May 14, 1984.
The City has experienced a great deal of difficulty collecting rent from
the present tenant, Mr. William Ferrua. Staff is proposing to advertise
for offers to lease 522 "B" Street for uses which would be consistent with
the property's C-2 zoning at a monthly rental of $2,000 a month. The
lease would be for a five-year period with cancellation by either party
upon one year's notice. Lessee would agree to waive any relocation costs
due to cancellation by the City for any reason.
(Councilmember Breiner arrived during discussion,at 9:50 PM)
Mr. Ours stated that Mr. Ferrua has indicated he is willing to pay all
of the back rent and would like to pay the $2,000 per month.
Councilmember Russom moved and Councilmember Frugoli seconded, to have
staff proceed with advertising for lease offers and bring the results of
this advertising before the Council at meeting of June 4, 1984.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC Minutes (Regular) 5/7/84 Page 9
SRCC Minutes (Regular) 5/7/84 Page 10
24. AMENDMENT TO AGREEMENT WITH CITY MANAGER (CM) - File 9-3-11
Council reviewed a memorandum from Mayor Mulryan, presenting an
amendment to the Agreement with City Manager Beyer, recommending
a salary increase of 7.170 retroactive to May 1, 1984, and extending
the Agreement to November 1, 1985, for a total annual salary of $60,000.
RESOLUTION NO. 6813 - AMENDING THE AGREEMENT BETWEEN CITY MANAGER AND
CITY OF SAN RAFAEL (RESOLUTION NO. 5985)
(Retroactive to May 1, 1984, extending Agree-
ment to November 1, 1985)
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
25. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Councilmember Nave moved and Councilmember Frugoli seconded, to oppose
SB 1509 (Bill Greene) Workers' Compensation re: Public Agency Self -
Insurance.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russcm & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Frugoli moved and Councilmember Russom seconded, to support
AB 2894 (Condit) Amendment of Vehicle Code, re: Vehicles.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Nave moved and Councilmember Breiner seconded, to oppose
AB 3683 Public Contracts re: Contract Compliance Programs.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CLOSED SESSION
26. Council adjourned to closed session to discuss litigation. They then
reconvened in public and authorized settlement of Claim No. 3-1-875 (PW),
John DeMarchi, in amount of $1,525.21.
Council then adjourned to their next regular meeting to be held on Monday,
May 21, 1984.
JFQNM. LEtINI, City Clerk
APPROVED THIS DAY OF , 1984
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 5/7/84 Page 10