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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