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HomeMy WebLinkAboutCC Minutes 1984-05-21SRCC Minutes (R( lar) 5/21/84 Page 1 In the Council Chambers of the City of San Rafael, Monday, May 21, 1984, at 8:00 p.m. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Also Present: Robert F. Beyer, City Manager; Linda Downey, Deputy City Clerk; Peter J. Muzio, City Attorney 1. SAN RAFAEL CENTENNIAL YOUTH COMMUNITY SERVICE AWARD - File 109 Irving Chapman, Trustee of the San Rafael Centennial Trust, pro- vided a history of the San Rafael Centennial Trust and introduced Superintendent Nancy Marley who presented certificates and coins to nine of the nominees: Jill Angerbauer, Jo Ann Deasy, Sheri Greenbaum, Steve Ghio, Andrew Parnell, Joy Schaber, Mark Sedway, Anne Thompson, Dorothy Louise Vickroy. Mayor Mulryan presented the 1984 San Rafael Centennial Youth Service Award to Cynthia Stewart. 2. PRESENTATION BY MARIN CONSERVATION CORPS - File 9-3-40 Mr. Don Perkins, Associate Director of the Marin Conservation Corps, explained to the Council that the Corps is planning for their Summer Program, and has had discussions with City staff concerning an eight- week program. He indicated the Corps' mandate is to provide a meaningful work opportunity to youth and young adults in Marin as well as a cost effective labor resource to public land management agencies. The cost to the City for a crew of twelve plus two super- visors would be $32/person per day or approximately $14,500 for the program. City Council approved the program in concept, and directed that staff work with the Corps. Money has been set aside in the Public Works Department budget for the program. CONSENT CALENDAR: Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 4. Acceptance of Grant of Drainage Easement from Golden Gate Bridge, Highway F Trans- portation District (Andersen Drive) (PW) - File 2-4-9 x 112-2 x R-237 S. Resolution of Findings Re Appeal of Handicapped Access Requirements - 1821 Fourth Street (PW) - File 13-1-1 8. Agreement with Canal Community Alliance Re Funds for the East San Rafael Neigh- borhood Plan (P1) - File 4-10-182 x 218 Recommended Action RESOLUTION NO. 6814 - RESO- LUTION ACCEPTING GRANT OF DRAINAGE AND MAINTENANCE EASEMENT FROM GOLDEN GATE BRIDGE, HIGHWAY & TRANSPOR- TATION DISTRICT (Andersen Drive) RESOLUTION NO. 6815 - RESO- LUTION OF CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIRE- MENTS - 1821 FOURTH STREET RESOLUTION NO. 6816 - RESO- LUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE CANAL COMMUNITY ALLIANCE FOR DISBURSEMENT OF ALLIANCE FUNDS TO THE CITY IN CONJUNCTION WITH THE PREPARATION OF A NEIGHBORHOOD PLAN FOR EAST SAN RAFAEL 10. Request for Leave to Present Late Claim - Approved George Hills Co., Michael & Bella Kushinsky on Behalf of Inc. recommendation for Deceased Minor Son, '.`Mark Kushinsky, and denial of leave to rresent Alexander Kriventsov (Fin) - File 3-1-841 late claim. SRCC Minutes (Regular) 5/21/84 Page 1 SRCC Minutes (R lar) 5/21/84 Page 2 Item 11. Claims for Damage: (PW) b. Richard and Jacqueline Sieke - File 3-1-877 AYES: CGUNCILMEMBERS: Breiner, I.7OES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Recommended Action Approved George Hills Co., Inc. recommendation for denial of claim. Frugoli, Nave, Russom & Mayor Mulryan 3. MINUTES OFREGULAR MEETING OF APRIL 16, 1984, AND SPECIAL AND SPECIAL JOINT MEETINGS WITH PLANNING -COMMISSION DOWNTOWN PARKING DISTRICT ADVISORY COMMITTEE OF APRIL 23, 1984 (CC) - File 1-4 Councilmember Russom moved and Councilmember Nave seconded to approve the minutes with an amendment to the minutes of April 23, 1984 to indicate that Councilmember Breiner suggested that the Council receive a map showing where all the different meters and time limits are in the downtown area. AYES: CGUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Breiner (from minutes of 4/16/84 only due to absence from meeting) 6. BID OPENING AND AWARD OF CONTRACT - BUTTERNUT DRIVE SLIDE REPAIR PROJECT (PW) - File 4-1-364 Public Works Director Bernardi reported on the bid results for the - repair of the Butternut Drive slide. Mayor Mulryan commented that there was a wide spread on the bid results. Mr. Bernardi indicated he checked with Piombo General Engineering Contractors and they were willing to perform the work for the amount bid. RESOLUTION NO. 6817 - AWARD OF CONTRACT (Butternut Drive Slide Repair; Project No. 19-1998980 (A).) - (To Piombo General Engineering Contractors, Inc. in amount of $14,791.30) AYES: CGUNCILMEMBERS: Breiner, Frugoli, Nave, Russom $ Mayor Mulryan NOES: CGUNCILMEMBERS: None ABSENT: CGUNCILMEMBERS: None 7. CC84-3-CERTIFICATES OF COMPLIANCE FOR SEVEN RECORD LOTS ON BAYO VISTA AND TIERRA VISTA WAY: Paul and Eleanor Sade, owners; Ronald G. Gaither, representative; AP 10-283-43, 44, 45, 46 & 47 and 10-286-02 $ 03 (P1) - File 10-2 Planning Director Moore reported that the City received a request to issue certificates of compliance to recognize seven record lots as legal building sites. The parcels, located on Bayo Vista Way and Tierra Vista Way have been under the same ownership since 1967 when the subdivision was created. Staff's analysis was that the property should be recognized as seven legal lots because (1) the lots were subdivided after the City's August 15, 1966 adoption of slope den- sity standards for the Subdivision Ordinance; (2) the seven lots are the only remaining undeveloped lots within the 52 -lot subdivision; (3) all other surrounding lots are similar in size and shape; and (4) at the time of City subdivision approval, a specific provision .for a common driveway easement serving Lots 22--26 was created to encourage proper hillside development and to minimize excessive grading. Councilmember Breiner stated she would like to see staff impose geotechnical review on any future development on any of the parcels if any slide areas show up during the course of construction. Councilmember Nave moved and Councilmember Frugoli seconded to approve the staff recommendation. A„LS: COUNCILAEMBE.S: Breiner, Fruaoli, Nave, Russom U Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 5/21/84 Page 2 SRCC Minutes (R( lar) 5/21/84 Page 3 9. RESOLUTIONS RE PERSONNEL MATTERS: (Pers) A. POLICE SERVICES AIDE AND ADMINISTRATIVE AIDE - File 7-3 x 7-8-3 B. LEGAL SECRETARY - File 7-3 x 9-3-16 Included in the 1983/84 authorized budget were proposals for three new job classifications, Police Services Aide, Police Administrative Aide and Legal Secretary. Staff recommended adoption of two resolu- tions which would modify the existing Memorandum of Understanding with the Police Association and MAPE to include these new job classifications. RESOLUTION NO. 6818 - AMiNDING RESOLUTION NO. 6689 PERTAINING TO -THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL (Police Services Aide and Police Administrative Aide) RESOLUTION NO. 6819 - AMENDING RESOLUTION NO. 6690 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MIS- CELLANEOUS PLRSONNEL; AND AMENDING RESOLUTION NO. 6453 PERTAINING TO CONFIDENTIAL POSITIONS (Legal Secretary) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom $ Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. CLAIMS FOR DAMAGE: (PW) (a) Michael Tompkins - File 3-1-876 At the request of City Manager Beyer, this item was withdrawn pending further review. 12. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS-_2130FOURTH STREET (FUJIYAMA RESTAURANT) (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi reported that the Fujiyama Restaurant has requested a building permit to make certain improvements to the restaurant at an approximate cost of $12,000. In order to meet the handicapped access requirement, there would be an additional $8,000 required to modify the bathroom to comply. Both staff and the Marin Center for Independent Living agree that the cost is more than reasonable and would create a hardship, and recommended that the City Council, acting as the Board of Appeals, determine that the provision of handicapped accessible toilet rooms would represent an unreasonable hardship and direct staff to prepare an appropriate resolution with findings to bring back for adoption at the next meeting. There was no public input and the hearing was closed. Councilmember Nave moved and Councilmember Breiner seconded to accept the staff recommendation. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom $ Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. RECREATION ELEMENT (Pl) - File 115 Mayor Mulryan declared the public hearing open. Associate Planner Jean Freitas stated that the Recreation Element of the General Plan is a plan to maintain, enhance and develop recreation facilities to meet existing and future needs of San Rafael .residents. She explained that San Rafael has not had a Recreation Plan except for a general policies document that was adob_ted in 1976. The three reasons for preparing one at this time are: (1) The Naylor Bill allowed cities to purchase certain surplus school recreation facilities at a reduced cost. In order to do this, cities must have a plan identifying the school sites they are interested in retaining for recreation purposes. (2) Cities must have recreation elements with identifiable standards in order to be able to obtain parkland through the subdivision approval process. Parkland dedication at the time subdivisions are approved is the most effective way to assure neighborhood parks. (3) The City needs a Bicycle Plan to be eligible to apply for federal and state bicycle funds. SRCC Minutes (Regular) 5/21/84 Page 3 SRCC Minutes (RL .lar) 5/21/84 Page 4 Ms. Freitas reported that the Plan was developed with input from numerous agencies and organizations and that the draft was distributed for review in August 1983 for comment. Additionally the Planning Commission and Park $ Recreation Commission established a four -member joint Recreation Element Subcommittee to review the draft and modifi- cations. Prior to a public hearing, a revised draft was widely distributed. The Planning Commission and Park & Recreation Commission held a joint public hearing in January 1984 to consider the draft Element. Primary discussion at that hearing dealt with the proposed Policy 4 which would require parkland dedication or in -lieu fees of new residential development. Both the Planning Commission and Park $ Recreation Commission recom- mended adoption of the draft Element. A majority of the Commissioners felt parkland dedication is important to insure that existing parks don't become over used and that parkland dedication requirements are a major tool that cities have to reserve and develop park sites. A majority of the Commissioners also felt that case by case negotiations tend to be inequitable to developers as they don't know early on in the process what may be expected by the City. Ms. Freitas stated that an item that attracted attention at the public hearing was the Recreation Element recommendation on Hartzell School. Staff indicated to the School District that at the time the Council makes a decision on the Recreation Element is the appropriate time to make a decision on Hartzell School since the Element lists surplus school sites by priority for retention and potential purchase. The draft Element rated that school site as a "lower priority" than other schools and does not recommend it for retention. The City has until June 18 or until the Recreation Element is adopted to respond to the School District regarding its interest in Hartzell. Bob Livingston, a Planning Commission member, spoke in support of the Recreation Element stating that due to physical restraints, we must look to the builders and developers to provide for the open space we need. Patrick Webb, Park & Recreation Commission Chairman, said the Com- mission recognized the parkland dedication issue is objectionable to some people, but brought attention to the past difficulties in developing facilities in the Canal area. He said the Recreation Element alerts developers to park needs and requirements in the future. He stated the Park & Recreation Commission believes it is good policy and urges the Council to pass the Element as proposed. Councilmember Nave expressed concern about the in -lieu fees and what it would do to affordable housing. He suggested that staff look into a credit system in the case of wetlands, park dedication along the water and mitigation fees. Herb Nienstedt, of the Marin Property Owners Association, indicated concern with regard to property owner liability and specifically with regard to trails that pass through or are adjacent to large parcels of land. He requested that on page 13 of the Hiking and Equestrian Trails Plan that the following wording be added to the last sentence of the first paragraph: "Providing a clear exemption from liability can be granted property owners for bodily injury, property damages or other claims resulting from trespass on private land." Councilmember .Breiner agreed with Mr. Nienstedt's proposal and also sugggested that as part of the implementation of the Element that con- trI utions to the City be encouraged such as an endowment fund or the Community Gifts Catalog, and that the interest be used for scholar- ships or camperships. She also asked that the City strengthen its policy in seeing that private park facilities in subdivisions are better maintained. Councilmember Nave stated it was essential to have wording in the Element in regards to parkland dedication that negotiations for land be used rather than fees. He also asked that there be a clarification of the dedication policy in that the map reflects that locations.are not precise. Mayor Mulryan ciosed the -public hearing. SRCC Minutes (Regular) 5/21/84 Page 4 SRCC 1.,Iinutes (R alar) 5/21/84 rage 5 Councilmember Breiner moved and-Councilmember Russom seconded, to adopt a Resolution certifying the negative declaration. RESOLUTION NO. 6820 - CERTIFYING THE NEGATIVE DECLARATION FOR THE 1934 RECREATION ELEMENT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom 8, Mayor ,"Iulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom moved and Councilmember Breiner seconded to direct staff to prepare for Council adoption, a Resolution adopting; the Recreation Element with the following amendments to be added: (1) Revision of in -lieu fees policy to have City negotiate for lard as opposed to fees. (2) Addition of liability provision for private property owners as indicated by the Marin Property Owners Association. (3) Clarification of the dedication policy that the map reflect that locations are not precise. (4) Issue of the maintenance of private park facilities in subdivisions. (5) Contributions to the City such as an endowment fund or the Communtiy Gifts Catalog, with interest -c0 be used for scholarships or camperships. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor iiulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. REVIEW OF FOURTH STREET AREA BET?-'EEN LOOTENS PLACE AND LINCOLN A'r` NU - File 11-8 x R-195 x R-140 Councilmember Breiner recommended that the City Council, "Planning Commission and Redevelopment Citizens :kdvisory Committee jointly tal=e a walking tour of the downtown area in order to review some of the problems and possible solutions. Specific topics would include pos- sible sites for a new parking lot, upgrading of some facades and beautification, and possibly taking a look at the "A" Street entrance to the parking structure. The Council agreed to have a field trip on Saturday, June 2, 1981 at 9:00 a.m. 15. REQUEST FOR AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR PREPARATION OF EAST SAN F.'__r='_) L TRAFFIC IMPROVEMENT PROGRAM (Pl) - File 4-3-119 x 218 Senior Planner Art Brook reported that staff has proceeded with a traffic analysis in the East San Rafael area which is necessary to finalize and set improvement priorities for the area. The City is at a point where modeling of traffic impacts for specific land uses —.1r]. traffic improvements will be needed. Staff sent out a request for consultant services to eight firms and received three proposals: JHK, TJKM and Wilbur Smith & Associates. JHK's proposal appeared to be the best in staff's estimation, as the cost was the lowest, it addressed all items in the City's request for proposal, it included specific items in the proposal indicating they understood the situation such as calibrating the model and additional surveying of traffic patterns. They will coordinate with the Neighbor- hood 30 effort. Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the selection of the consultant firm of JHI< & Associates. AYES: COUNCILMEMBERS: Breiner, FrUgoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCIL`4EMBERS: None AESOLff!ON_AO. 6821 -'AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (with JHK $ Associates to Provide traffic engineering services for greater East San Rafael) AYES: COUNCILNEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC iNlinutes (Regular) 5/21/84 Page 5 16. 17. SRCC Minutes (Regular) S/21/84 Page 6 REQUEST FOR AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR PREPARATION OF EAST SAN RAFAEL NEIGHBORHOOD PLAN (P1) - File 4-3-120 x 218 Planning Director Anne Moore stated that an RFP for the preparation of the East San Rafael Neighborhood Plan was sent to nine consultant firms. Proposals were received from five firms: Sedway-Cook Associates, Jefferson Associates, Ruth $ Going/CHNMB and Blayney-Dyett. After an evaluation of the proposals, the selection committee recom- mended the firm of Blayney-Dyett. Ms. Moore also reported that Oberkamper & Associates, listed in the Plan as the civil engineers for the project, will not be doing; the work as they are currently representing some property owners in the area. Another civil engineer will be selected. Marta Sullivan, Corte Madera Town Councilmember, expressed concern about the biology in the area and that there are endangered species. She felt there was no provision for a biological evaluation and asked if it was too late to have that included into the report. Ms. Moose said if biological expertise was needed the City could sub -contract for this kind of specialized service. Councilmember Frugoli moved and Councilmember Nave seconded, to approve the selection of the consultant firm of Blayney-Dyett. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6822 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (with Blayney-Dyett for preparation of the East San Rafael Neighborhood Plan, not to exceed $90,000) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None HEARING ON REPORT OF COSTS FOR ABATEMENT OF PUBLIC NUISANCE -22 Cala Vista Drive (PW) - File 3-3-37 Public Works Director David Bernardi explained that during the storm in January 1982, this property incurred a large landslide which remained unrepaired and endangered adjacent properties. The prol�erty owner was unable to make the necessary repairs and the mortgage company would not comply. Because the slide was hazardous and could be potentially injurious to the public health, safety and welfare, on April 4, 1983, the Council declared it a public nuisance and ordered the property owner to abate the nuisance within thirty days. This was not done so the City contracted to have it repaired. The purpose of this item on the agenda was to show the Council an itemized list of the expenses, and to recommend approving the staff report and author- izing the City Attorney to recover the costs through a lien on the property. No one representing the property owner was present to speak on the item. After discussion, it was moved by Councilmember Breiner and seconded by Councilmember Nave to accept the staff report and adopt the Resolution. RESOLUTION NO. 6823 - CONFIRMING REPORT OF RECORD OF COST FOR ABATE- MENT - SLIDE REPAIR AT 22 CALA VISTA DRIVE, ASSESSOR'S PARCEL NO. 12-132-01 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCIT, MEMBERS: None: ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) S/21/84 Page 6 18. SRCC Minutes (Rebalar) 5/21/84 Page 7 REVIEW OF CAL-PDX (SAN QUENTIN LAND FILL) REQUEST FOR AN EXEMPTION FROM EAST SAN RAFAEL TRAFFIC MITIGATION FEES (CA) - File 160 x 10-2 City Attorney Peter Muzio stated that at the April 16, 1984 meeting, when the Council was considering the possible addition of a zoning ordinance in East San Rafael which would involve imposition of traffic mitigation fees, an issue was raised as to whether or not Shoreline Industrial Park should be exempted from traffic mitigation fees as an aspect of that ordinance. Council directed staff to determine if the City was under any legal obligation to exempt Shore- line Industrial Park. In 1978/79 the City issued a tentative subdivision map to what was then the Bayview Industrial Park, and rezoned the subdivision to P -D. In the summer of 1979, the developer sought a two-year extension of the tentative map. Staff suggested as a condition of the extension, each lot in the subdivision be assessed $1,500 for an anticipated traffic signal. The developer met with the Planning Director, and as a result of that meetin , the staff recommendation was revised to recommend a maximum of 21,150 to be assessed to the project for the traffic signal. The Planning Commission approved the extension. In the fall of 1983, it was determined by staff that the traffic situ- ation was considerably worse than had been believed. The Council directed staff to prepare a zoning ordinance setting interim East San Rafael traffic mitigation fees on March 19, 1984. The purpose would be to provide partial funding for needed traffic improvements and to insure that development doesn'taggravate existing traffic congestion. Developments which would increase traffic would be required to pay a fee calculated by the project's p.m. peak hour trip generation. City Attorney Muzio stated there are two possible legal bases why Shoreline Industrial Park would be exempt from the zoning ordinance: (1) If they had acquired a vested right to proceed with the develop- ment. In order to acquire a vested right, the developer would need to have received a permit to begin construction and would have incur- red substantial liabilities and expended substantial funds in reliance on that permit. (2) If there had been a development agreement entered into with the City within the meaning of the Government Code §65864. Since neither one of these occurred, the City is not legally bound to exempt Shoreline Industrial Park from traffic mitigation fees. Planning .Director Anne Moore indicated that the development is on 39.47 acres out of a total of 581.3 acres to be developed in the area and could generate 10-200 of the total projected traffic increase. Based on that kind of development, it would generate between $1.2 and $4 million in funds. If an exemption was granted, there would be a shortfall of funds and a possibility of adjustment of other traffic mitigation fees to compensate for that difference. Lee Jordan, representing Cal -Pox, spoke in favor of exempting the development from additional monies for traffic mitigation fees. He said the issue was a policy one, and that it was his belief, as well as that of the developer, that the City, in the past, had reached an understanding with Cal -Pox that the level of traffic miti- gation fees connected with this property is the amount of fees previously determined by official action of the Planning Commission and City Council. Mr. Jordan previously furnished staff with a letter summarizing the facts as he understood them and attached minutes from City Council and Planning Commission meetings, as well as declarations from former City officials. Martin Bramante, President of Cal -Pox, gave a description of the pro- ject and re -stated Mr. Jordan's comments that it was their under- standing that the extent of the traffic mitigation fees was not to exceed $21,150. Fred Grange, an adjacent property owner, spoke against the possible exemption of Cal -Pox from traffic mitigation fees and asked that if an exemption was granted, that -the matter come back to the Council in order to give property owners a chance to speak, since they might have to absorb the costs. SRCC Minutes (Regular) 5/21/84 Page 7 SRCC Minutes (Ruaalar) 5/21/84 Page 8 Both Councilmember Frugoli and Nave expressed they felt it was a moral obligation on the part of the City to exempt Cal -Pox from any additional traffic mitigation fees. They felt that it was the intent of the City to settle the matter that $21,150 would be the extent of traffic mitigation fees for that project. Councilmember Breiner said she found it difficult to allow this developer to build after everyone else and yet pay less than their share regarding traffic mitigation fees. Councilmember Russom said he was sympathetic to the argument of the City's moral obligation to an agreement that was made, but felt that if that agreement was an example of faulty judgment, it would not be in the best interests of the people to support a decision made by a previous Council. In addition, he felt the burden should not be placed -on new developers in the area and that all developments that generate traffic need to pay a fair share of the cost. He suggested that the City negotiate with Cal -Pox toward an equitable sum of money. Councilmember Frugoli moved and Councilmember Nave seconded, to exempt Cal -Pox from additional traffic mitigation fees, other than the $21,150 they previously agreed to. AYES: COUNCILMEMBERS: Frugoli, Nave NOES: COUNCILMEMBERS: Breiner, Russom and Mayor Malryan ABSENT: COUNCILMEMBERS: None Councilmember Russom moved and Councilmember Breiner seconded, to deny the request for exemption of traffic mitigation fees for Cal - Pox and instruct staff to enter into a negotiating process, based on specific unique aspects of this particular situation. AYES: COUNCILMEMBERS: Breiner, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli, Nave ABSENT: COUNCILMEMBERS: None 19. RESOLUTION OF FINDINGS DENYING Z83-16 - REZONING FOR AMENDMENT TO SMITH RANCH MASTER PLAN, "GALLINAS VILLAGE", AREAS 5 AND 12 (P1) .- File 10-3 x 5-1-290 City Manager Robert Beyer stated that this matter had been continued in hopes that Dr. Grausz could present to the Development Review Committee the possibility of a modified plan prior to action on this Resolution. The item was scheduled for this meeting because the Development Review Committee was to have met last week, but has rescheduled its meeting for next week. He indicated that the Council had the option of acting on the Resolution or continuing the matter to the next meeting. The Council agreed to continue the item to the meeting of June 4, 1984. 20. CONSIDERATION OF REQUEST FOR INDUCEMENT RESOLUTION RE: INDUSTRIAL DEVELOPMENT BONDS FOR CIVIC CENTER VENTURES (CORNER OF SCETTRINI DRIVE AND CIVIC CENTER DRIVE TO ALLOW IT TO TAKE ADVANTAGE UN INiJIJS- TRIAL DEVELOPMENT BOND FINANCING (CM) - File 8-22 City Manager Rober Beyer reported that since April 15, 1984 when the item was before the Council and staff recommended denial, the applicant has responded with a proposal that, in addition to raising the size of the bond issue from $8.5 million to $10 million, that an additional provision be made to allow for them to try to get tenants into the office building who would provide substantial sales tax revenues for the City. Mr. Beyer indicated that additional wording was proposed as part of the paragraph in Section 2 of the Inducement Resolution: "Provided further that prior to commencing preparation of the documentation for issuance of the Bonds, Participating Party shall have demonstrated to City's reasonable approval, that leases have been, or will be, executed with tenants, which will produce significant incremental sales tax revenue for City." City Manager Beyer stated that there are still other steps to be taken prior to the actual issuance of the bonds, so the Council will not be placed in jeopardy, but it is a benefit to the applicant in terms of working out financing, assuming he can get tenants to meet SRCC Minutes (Regular) 5/21/84 Page 8 21. SRCC Minutes (R alar) 5/21/84 Page 9 this criteria. Staff further recommended that if the applicant is successful in getting tenants who produce significant incremental sales tax revenue for the City, that there be some commitment that it will be over a long term; at least a minimum of ten years. Councilmember Russom said he would like to have a discussion of IDB's as well as any other City -backed financing, when the matter comes up again. Mayor Mulryan directed staff to come back with a report. Councilmember Frugoli moved and Councilmember Nave seconded, to adopt the Resolution concerning the issuance of industrial develop- ment bonds for Civic Center Plaza, but the applicant must demonstrate that the leases will be with tenants producing significantly higher sales tax revenue for the City, and that there will be a commitment for long term. leases of at least a minimum of ten years if IDB's are to be issued. RESOLUTION NO. 6824 - CONCERNING iSSJANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR CIVIC CENTER PLAZA AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CONSIDERATION OF POLICIES ON: (ADISPLACEMENT OF EXISTING HOUSING IN THE DOWNTOWN AREA (B) LOCATION O� AFFORDABLE AND REPLACEMENT HOUSING (PI) - File 9-1-2 x 115 Planning Director Anne Moore reported that the Council had requested discussion of some housing policy questions as a result of the Kuykendall -Chatham proposal to construct an office building at Fifth and Nye and the Grausz proposal fora senior citizens residential complex at Smith Ranch. Regarding the Kuykendall -Chatham project, it would involve demolition of a 14 -unit rooming house, a 5 -unit apartment building and a massage parlor. Although this area is zoned C-1, it currently allows only residential uses by right. All others require a use permit. The staff report lists several of the existing policy statements in the San Rafael Housing Element that pertain to situations such as that proposed by Kuykendall -Chatham, the most important being #17 which states it is the City's policy to discourage conversion of residential uses to other uses unless equivalent housing can be maintained. The matter of affordable housing was recently brought to the Council in the annual Housing Report and certain policy direction issues were brought to the Council for guidance, such as the displacement of residential units, especially in the downtown. The downtown has nearly 1,110 residential units; approximately 50 of the City's afford- able housing stock. Forty percent of those are in commercially zoned areas. When this came to the Council, it concurred with the Planning staff and Planning Commission's recommendations that included in the revised Housing Element, there be a strong policy regarding compen- sation for replacement housing when existing units are displaced, but that the system be flexible so that if a new project was deemed meritorious enough, it could replace existing housing. Planning Director Moore stated the second policy matter concerns the location of replacement housing or voluntary affordable housing units, and whether the Council should designate policywise which is preferable. To -date, the City has not made any decisions on projects that involve off-site locations for replacement housing. Staff feels that any such projects should be.considered on a case-by-case basis, but that there is a need to streamline the City's decision-making process regarding off-site locations so the planning process time to evaluate the merits of a project doesn't pass before such a basic policy is resolved. Edward Kuykendall, of Kuykendall -Chatham, gave a description of his project and indicated he feels the present residential units are in such bad condition it would take total rehabilitation to make the structures habitable. He indicated he is willing to work with the Ecumenical Association for Housing to provide affordable housing. SRCC Minutes (Regular) 5/21/84 Page 9 SRCC Minutes (k..,,�ular) 5/21/84 Page 10 After some discussion, it was determined that since the Kuykendall - Chatham project was not specifically being discussed at this meeting, the next step was for them to be put on the Planning Commission agenda. It was the consenus of the Council to include, in the Housing Element revision, some language which gives consideration to neighborhood character with replacement housing. The Council also reaffirmed its previous position concerning the maintenance of housing in the down- town area. Council accepted the report without motion. 22. REPORT OF DEVELOPMENT REVIEW COMMITTEE (CM) - File 9-1-3 Mayor Mulryan reported that the Development Review Committee recently reviewed the proposed San Rafael Commercial Park. This project proposes a high quality industrial park consisting of approximately 90 acres out of a total 120 acres on the site, with 21 acres of com- mercial development, 20 acres as a gift to the City, 21 acres of marsh/tidelands, and 7 acres of streets and sidewalks. The 20 -acre gift has been designated for relocation purposes, assisting the West Francisco Boulevard area by moving some of the existing businesses to the new site. Four acres have also been set aside for possible relocation of City's corporation yard. Mayor Mulryan stated the Development Review Committee is interested in the fact that the City might be able to obtain 20 acres for use in helping re -vamp the West Francisco Boulevard area. The princip.a:1 problem they found with the proposal is traffic, and if the issues can be worked out, the Development Review Committee would like to recommend that staff work with the developers to accomplish this park. The Council conceptually approved the project, without motion, and asked staff to convey this to the developers. 23. AN INTERIM URGENCY ORDINANCE PROHIBITING THE USE OF PROPERTY WITHIN THE CITY FOR THE STORAGE OR SALE OF FIREWORKS, MAKING FINDINGS WITH- RESPECT ITHRESPECT THERETO, DECLARING THE URGENCY THEREOF, AND THAT IT SHALL TAKE IMMEDIATE EFFECT (FD) - File 9-3-31 The staff report by Fire Chief Robert Marcucci, stated that on February 16, 1984, in the case of Anthony Ventura vs. City of San Jose, the California Court of Appeals for the First District, Division 3 found that state law preempts local ordinance which imposed a total ban on the sale of so-called "safe and sane" fireworks. This ruling is being appealed to the Supreme Court. Presently, in those cities where permitted, fireworks can only be sold from 12:00 noon on June 28 through 12:00 noon on July 6th each year. Two bills are moving through the Legislature to maintain the right of local authority to prohibit the sale of fireworks within its jurisdiction. The City Council, on April 16, 1984, indicated support of these bills. It is not known at this time if the Supreme Court will hear the case, and the possibility thatthe June 28th date could arrive without a decision invalidating the City's long-standing prohibition on the sale and discharge of "safe and sane" fireworks is very real. Staff recommends adopting an interim Urgency Ordinance, which requires a 4/5 vote, pruhibiting the use of property within the City for storage or sale of fireworks. The title of the Ordinance was read: Charter Ordinance No. 1485 "AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF SAN RAFAEL PRO- HIBITING 1HE USEOF PROPERTY WITHIN THE CITY FOR THE STORAGE OR SALE OF FIREWORKS, MAKING FINDINGS WITH RESPECT THERETO, DECLARING THE URGENCY THEREOF, AND THAT IT SHALL TAKE IMMEDIATE EFFECT." Councilmember Breiner moved and Councilmember Nave seconded, to adopt the interim Urgency Ordinance. SRCC Minutes (Regular) 5/21/84 Page 10 SRCC Minutes (RL,,alar) 5/21/84 Page 11 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. RESOLUTION AMENDING THE 1983/84 BUDGET (Fin) - File 8-5 City Manager Robert Beyer reported that this item would allow the appropriate fund transfers for salary adjustments that were pre- viously approved by the Council, as well as additional monies for the operation of the Pickleweed Park Community Center, and the shifting of funds to the Workers Comp and Liability Funds. Over the past two years, fund balances have been declining, and the intention is to keep them at a level where interest accruing on the funds is paying for the annual draw. Councilmember Frugoli moved and Councilmember Russom seconded, to adopt the Resolution amending the 1983/84 budget. RESOLUTION NO. 6825 - AMENDING THE 1983/84 BUDGET AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. CITY MANAGER QUARTERLY ACTIVITY REPORT (CM) - File 9-3-11 The staff report consisted of a summary of quarterly reports from each of the City's operating departments. The purpose is to bring the Council up-to-date on the activities of the departments during the last quarter. Council accepted the report without motion. 26. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Mayor Mulryan stated he received a letter from David Roberti asking the support of SB 2333 which would make certain that cities had the ability to prohibit the sale of fireworks in their jurisdictions. City Manager Robert Beyer indicated that the Council has already taken action in support of that bill. City Manager Beyer reported that SB 2216 (Keene)Brown Act Exemption re: Real Property Negotiations, would allow the Council to discuss real property transactions and negotiations in closed session. Councilmember Frugoli moved and Councilmember Nave seconded, to support SB 2216. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM REALLOCATION OF CDBG FUNDS - File 147 x 4-13-38 City Manager Robert Beyer reported that at the County Priority Set- ting Committee meeting, the allocations were approved for the San Rafael Planning Area and the County Planning Area as they affect San Rafael, but after discussion relating to issues raised by the City of Novato, the question came up as to the possibility of San Rafael giving Novato $35,000 of the money allocated for Bellam Boulevard. Staff rec6,nmends approval with a caveat that the City receive $35,000 off the top for housing a year from now. The $35,000 would not impact the project this year. City Manager Beyer stated that staff needs direction on this because the item will be on the County Board of Supervisors agenda on May 22, 1984. Councilmember Nave moved and Councilmember Russom seconded, to give $35,000 of San Rafael's allocation of CDBG funds to Novato, with a caveat that San Rafael receive top priority for $35,000 in next year's funding. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regalar) 5/21/84 Page 12 CLOSED SESSION 27. The Council adjourned to Closed Session to discuss litigation. LINDA S. DOWNEY, Deputy City erk APPROVED THIS DAY OF , 1984 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 5/21/84 Page 12