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HomeMy WebLinkAboutCC Minutes 1984-07-02SRCC Minutes (Reg ar) 7/2/84 Page 1 In the Council Chambers of the City of San Rafael, Monday, July 2, 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; Jeanne M. Leoncini, City Clerk; Peter J. Muzio, City Attorney CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of May 21, 1984 and Special Meeting of June 4, 1984 (CC) 2. Resolution Commending Mark Sedway on Appointment to State Board of Education (CM) - File 102 3. Approval of Contract Between the City of San Rafael and Marin County Conservation Corps (PW) - File 13-14 4. Resolution of Appreciation for Eileen Staub, Retired Librarian (Lib) - File 102 7. Resolution Setting Fee Schedule for Pickleweed Park Community Center (CM) - File 4-10-164 x 9-10-2 Recommended Action Approved as submitted. RESOLUTION NO. 6857 - RESOLUTION COMMENDING MARK SEDWAY ON APPOINTMENT TO STATE BOARD OF EDUCATION RESOLUTION NO. 6858 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE MARIN CON- SERVATION CORPS Authorized Expenditure of $14,336; $5,336 from 1983/84 and 9,500 from proposed 1984/85 Budget. RESOLUTION NO. 6859 - RESOLUTION OF APPRECIATION TO EILEEN STAUB RESOLUTION NO. 6860 - RESOLUTION AMENDING THE MASTER FEE SCHEDULE RE: PICKLEWEED PARK COMMUNITY CENTER AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. APPROVAL OF MEMORANDUM OF UNDERSTANDING FOR PICKLEWEED PARK COMMUNITY CENTER (CM) - File 4-10-164 Assistant City Manager Pam Nicolai's staff report indicated that the City of San Rafael is entering into an Agreement with the Canal Com- munity Alliance for joint use of the Pickleweed Community Center. This fulfills one of the special conditions of the grant from the San Francisco Foundation. This Agreement outlines the terms and conditions of use for the Canal Community Alliance in the Center; specifically the terms and types of uses for C.C.A. activities in the Center, the use of office space and Game Room and specific times for their priority use. Mayor Mulryan asked if the staff felt comfortable with the terms of the Agreement. City Manager Robert Beyer said there have been numerous discussions on this matter and that one room to be used by C.C.A. has a separate access, and the other room will be where its staff will be operating from (in relation to activities at the Center). The office does not have a separate access, but C.C.A. will have a key which will provide access to the front door and that room. All the other rooms will have different keys. City Manager Beyer stated that the Agreement was a very workable one. RESOLUTION NO. 6861 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH CANAL COMMUNITY ALLIANCE FOR JOINT USE OF PICKLEWEED COMMUNITY CENTER AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None .qRr.(' Minutes (Regular) 7/2/84 Page 1 SRCC Minutes ( _ .gular ) 7/2/84 Page 2 6. CLAIMS FOR DAMAGE (PW) a. KATHRYN L. KINGSTON - File 3-1-895 b. BEATRICE KINDELAND - File 3-1-896 Councilmember Russom asked if traffic staff and the Police Depart- ment had reviewed the street lighting situation at the location of the accident. It was determined that staff did not have the information on the item as it was concerning litigation. The Council agreed to discuss the matter in closed session. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve George Hills Company, Inc. recommendations for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. PUBLIC HEARING - REZONING - Z83-16 FROM P -D TO P -D FOR AMENDMENT TO SMITH RANCH MASTER PLAN, "GALLINAS VILLAGE", AREAS 5 & 12; SMITH RANCH RD.;,GALLINAS PROPERTIES, OWNER & INITIATOR: TREFFINGER: WALZ & MACLEOD, AND GRAUSZ INVESTMENTS, REPS.; AP 155-251-06, 07, 10, 11 & 12 (Pl) - File 5-1-290 x 10-3 Mayor Mulryan opened the public hearing. Planning Director Anne Moore reported that on June 18, 1984, the City Council voted to rescind its action of April 2, 1984, denying the Gallinas Village proposal. At that time, the Council requested that the applicant submit a revised plan to City staff for Council consideration on July 2, 1984. Planning Director Moore stated that the applicant has proposed an alternative scenario for development which would include an increased family residential component of 100 units, deletion of the relocated pool/fitness club, and revision in the previously proposed height standards as it pertains to parcel 5. The revised submittal includes the dedication of 5.75 acres to the Marin County Housing Authority for the development of 100 family residential units. The housing site would be donated to the Housing Authority and the applicant and the Housing Authority would joint venture to build and manage the rental units. The project would be approved as a condominium development, but units could only be sold after ten years. For the first ten years, 207o of the rental units would be for low income households. Additionally, after the ten year period, 20% of the units would be made available for purchase to moderate income households. Staff has developed recommended Master Plan conditions in response to the revised submittal and recommended that development of parcels 5 and 12 be contingent upon a development agreement between the City and the developer to address all details of the below market rate unit site. The details of the development agreement would be reviewed by both the Planning Commission and the City Council in public hearings. There is not enough amendment to the original zoning proposal to warrant referral to the Planning Commission for reconsideration. Planning Director Moore indicated that staff supports the added family residential component of the project, but the Council could consider alternatives. (1) Dedication of the 5.75 acre site for use as an inclusionary housing site for other projects that may require off-site inclusionary units. (2) Dedication of the 5.75 acre site and development as proposed, but for permanent rental units. Staff recommends adoption of the Resolution that certifies that project impacts are adequately addressed under the certified Smith Ranch Master Plan EIR, the certified Northgate Activity Center Plan EIR, and the project's initial study; and pass Ordinance to print adopting Master Plan revision. Dr. Henry Grausz, developer of Gallinas Village, explained that he intended to build a 400 unit retirement community that in addition to providing maintenance and other services, would include a health care facility and a nursing care facility. The health care facility SRCC Minutes (Regular) 7/2/84 Page 2 SRCC 11•iinutes (�,,.gular) 7/2/84 Page 3 would contain the cost of health care and allow people to be taken care of in their homes. The nursing care facility would provide for those persons who were unable to live in their homes, but would care for them in the community so the spouses would be able to visit daily. Dr. Grausz explained that he hoped to have 100 below market rate units. The Housing Authority would be in a joint venture to build and manage the units. He also stated that the City Council would have the opportunity to set up a lottery for employees of the City and County and residents of the community, so that they will be able to lease/purchase twenty of the units. Dr. Grausz explained that there would be no profit for the first ten years on the project. "There will be a formal letter of agreement between th@ City and DN. Grausz which stipulates that there will be��no profit taken for the first 10 ears on the 100 below market rate units. Y ce the financing znruLrs-L. ., He said this proposal would be coming back to—cilC-vv.._.._ form of a development agreement. Councilmember Breiner expressed concern about the possibility of the project not being on the property tax rolls. Dr. Grausz assured the Council that the project was not a non-profit organization and if ever it was sold to a non-profit group, there would be something worked out in -lieu of property tax, which would be in the development agreement. Councilmember Breiner also expressed concern over the size of the units. She felt that 700 sq. ft. units seemed somewhat small to attract families. Councilmember Russom asked if the possibility of increasing the size of some of the units to accommodate families could be worked out in the development agreement. Staff indicated this was possible. Councilmember Breiner said she would like to see the 400 unit retirement community cut down as opposed to the other units. She also indicated she would like to see the rental units be extended longer than the ten years proposed. Dr. Grausz stated that they would not be willing to cut back on the 400 units and that the reason for the ten year limit on the rentals is because the bond financing is due at the end of ten years. He did say that if they could refinance at the end of ten years, then the rentals could be extended. Dr. Grausz stated that if the Housing Authority would be willing to commit to include in -the development agreement some language that would state at the end of ten years they would attempt to get some financing that would allow the continuance of the rental units, then he would agree as well. Abraham Yang, President of the San Rafael Housing Corporation, said that he felt his organization could support the project with 100 units below market rate. He did ask that staff and the Council look at the time frame in regard to phases of the development as to when the rental units would be developed. Mayor Mulryan closed the public hearing. Councilmember Breiner said she felt the new proposal was better, but would not vote for it because the land use designation was not what she had hoped it would be. RESOLUTION NO. 6862 - RESOLUTION CERTIFYING PRIOR ENVIRONMENTAL IMPACT REPORTS FOR SMITH RANCH MASTER PLAN AMENDMENTS AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 7/2/84 Page 3 SRCC Minutes (Regular) 7/2/84 Page 4 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) TO P -D (PLANNED DEVELOPMENT) DISTRICT FOR AMENDMENT TO SMITH RANCH MASTER PLAN FOR GALLINAS RETIREMENT VILLAGE (Smith Ranch Road) It was amended to include the following sentence under (h.) in C.4. Area 5 of the Proposed Master Plan Conditions for Smith Ranch Master Plan: "The development agreement shall include the developer's commitment not to receive any cash profit from Parcel 5B for a period of ten years from the date of final City approval of that parcel's development." Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1488 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. PUBLIC HEARING - UP84-17 & ED84-19 - APPEAL OF PLANNING COMMISSION DENIAL FOR AN ADDITION OF RESIDENTIAL STUDIO AND FIVE CAR CARPORT TO EXISTING DUPLEX STRUCTURE; 34 BROOKDALE AVE., ANTONIO GARCIA, OWNER & APPELLANT; D. HUGH GREGORY COLEMAN, REP.; AP 11-094-03 (P1) - File 10-5 x 10-7 Mayor Mullyan opened the public hearing. Planning Director Anne Moore reported that on May 29, 1984, the Planning Commission adopted a resolution denying use permit and design review applications for a residential studio addition to a duplex structure at 34 Brookdale Avenue. The Planning Commission's denial was based on findings that the proposed addition would be incompatible with the neighborhood scale and characterand would result in an overdevelopment of the site and ultimately the neigh- borhood. The Commission directed staff to study rezoning of the area as it felt the R-4 zoning is not a compatible zoning designa- tion for the area. The original staff recommendation was to approve the project, with part of the reason being that the five car carport would alleviate the off-street parking problem, as the original structure only has a long driveway which allows tandem parking. The applicant has filed an appeal of the Planning Commission's decision based on the contention that the studio addition is appro- priate for the site and would provide an affordable rental, as well as improving the on-site parking. The proposal has been designed to follow the same general architectural style in respect to the two-story character of the neighborhood. Planning Director Moore stated that the staff recommendation is to uphold the Planning Commission's denial and to adopt the resolution of denial. William Bullard, Jr., attorney for the appellants, explained that in the neighborhood there are many additions to the buildings and there are multiple dwellings on most of the properties. He said that staff had originally recommended approval of the project and had to come back with a later recommendation that embodied the Planning Commission's actions. He said that the carport would help allievate the parking problem and that the proposed use is com- patible with the other dwellings in the neighborhood. Mr. Bullard indicated that the Garcia's are willing to eliminate some windows which would face the neighbors, as well as putting in horizontal windows close to the ceiling. Mr. Gregory Case, adjacent property owner, spoke against the project. He stated that the increased density would be a problem, as well as the elimination of open space to the southern exposure of his prop- erty. He said that his privacy would be invaded with the windows on the proposed addition facing his property. SRCC Minutes (Regular) 7/2/84 Page 4 SRCC Minutes (Regular) 7/2/84 Page 5 Jody Becker, a property owner in the neighborhood, stated that she felt the proposed project would be an enhancement to the neighbor- hood. Mr. Steven'Wilgenbush, of 14 Brookdale Avenue, read a letter from Mr. P. Pitman (who was unable to attend the meeting) stating that he was not in favor of the proposed addition, due to an already overdeveloped neighborhood. Mr. Gil Gamlen, owner of property at 37 Brookdale, stated that the Garcia's project was an improvement in the neighborhood and felt that they should be allowed to build. Mayor Mulryan closed the public hearing. Councilmember Breiner said she felt there was a need for a survey and a hearing to consider rezoning the neighborhood. Councilmember Russom urged that the Garcia's pursue the widening of the driveway to 15 feet, if it could be worked out with the adjacent property owner. He also indicated support of the con- sideration of down -zoning the area. Councilmember Frugoli moved and Councilmember Nave seconded, to grant the appeal of the Planning Commission denial for an addition of a residential studio and five car carport to an existing duplex structure. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - UP84-8 & ED84-14 - APPEAL OF PLANNING COMMISSION DENIAL WITHOUT PREJUDICE FOR DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF 15,000 SQ. FT. OFFICE BUILDING; 900 FIFTH AVENUE; KUYKENDELL/CHATHAM, OWNERS & REPS.; C-1 DISTRICT; AP 11-221-05 & 06 (P1) - File 10-5 x 10-7 Mayor Mulryan opened the public hearing. Planning Director Anne Moore stated that this is the first project since the 1981 Housing Element that involves a discretionary review of demolition of existing housing units for a non-residential housing project. Kuykendall/Chatham have appealed the Planning Commission's denial of their use permit and design review applica- tion to demolish a 14 -unit rooming house, a five -unit apartment and a small commercial building to construct a 15,000 square foot office building at the northwest corner of Nye Street and Fifth Avenue. The main question is the project's consistency with the Housing Element's Policy 17 which states the City policy to dis- courage residential to non-residential use conversions unless equivalent housing can be maintained. Planning Director Moore said that staff had explored several options for mitigating the loss of the housing units on this site. Any of the in -lieu formulas that have been discussed by staff in the staff report would not maintain or fully compensate for the number and type of units that exist on the present site. Since the applicants proposed no way to replace or compensate the housing units which would be lost, staff concluded that the proposed project would be inconsistent with policy and feels that approval of this project without a commitment to a housing mitigation plan would be a clear precedent for future applicants wanting to convert other residential units in the downtown to non-residential uses. The cumulative effect of such conversions could mean a permanent loss of a significant proportion of the City's more affordable housing. Councilmember Breiner expressed concern over the in -lieu fee idea and would like to have staff come back with more information, whether it be establishing boundaries where commercial properties are to dominate, or inventory the properties to determine which residential sites are to be preserved as such. Councilmember Nave stated that he felt the proposed office building was at the most appropriate location as it was adjacent to commercial properties and located in an area with the least amount of housing. SRCC Minutes (Regular) 7/2/84 Page 5 R E V I S E D SRCC Minutes (regular) 7/2/84 Page 6 Councilmember Russom said he felt that it should only be as a last resort to go for in -lieu fees or replacement housing off-site. Edward Kuykendall, developer of the project, stated that he felt in the opinion of Kuykendall/Chatham, the use for the site is commercial. He said the present use is economically unfeasible and that the buildings are hazardous in the present state. Mr. Kuykendall also stated that nowhere in the ordinance is there wording which calls for mitigation, in -lieu fees or replacement housing. When asked about the possibility of having a mixed use on the site, Mr. Art Chatham explained that it was not economically feasible. Abraham Yang, who was a member of the Citizens Advisory Committee to the Housing Element, said he believed that if the Council feels that the policy it supported is important to keeping a mix of commercial/residential properties in the downtown area, then it should maintain that policy. Anise Turina, President of the Ecumenical Association for Housing, stated that in -lieu fees are a good idea if it is not feasible to replace the residential units. She said if the project was granted without in -lieu fees or retaining residential units, then a precedent would be set which would allow commercial properties to go into the downtown and the residential units would not be replaced. Mayor Mulryan closed the public hearing. Councilmember Russom stated he has problems with having a commercial use for the site and feels it is ideal for an upgraded residential use. He is not convinced that it is economically unfeasible to have residential units. Councilmember Frugoli expressed his support of a commercial use on the site as long as the developer would indicate a good faith effort to work with staff in replacing housing. Councilmember Frugolimoved and Councilmember Nave seconded, to grant the appeal of the Planning Commission denial without prejudice for demolition of existing structures and construction of 15,000 square foot office building at 900 Fifth Avenue, with the condition that the developer make a good faith effort to work with staff to replace housing on another site. AYES: COUNCILMEMBERS: Frugoli, Nave NOES:COUNCILMEMBERS: Breiner, Russom & Mayor Mulryan ABSENT: COUNCILMEMBERS: None Motion failed. 11. AMENDMENT OF AGREEMENT TO EXTEND COMPLIANCE DATE FOR ABATEMENT OF EXCESS UNITS AT 405 "D" STREET (Pl) - File 3-3-30 Planning Director Anne Moore's staff report indicated that in December 1982, the City Council entered into a settlement agree- ment regarding abatement of illegal units at 401, 405 and 511 "D" Street, with Lawrence and Nancy Loder and Harley and Jean Ussery. A compliance date of June 30, 1984 was established to complete the abatement of the alleged illegal units. The buildings at 401 and 511 "D" Street have been reconverted to two units each. Plans have been submitted to the Building Department for the reconversion of 405 "D" Street to two units. The Loders request that the time limit be extended to accommodate the moving plans of the tenant of the last alleged illegal unit. Staff recommends that the City Council approve an amendment to the agreement allowing until September 1, 1984, for final compliance. RESOLUTION NO. 6863 - RESOLUTION AUTHORIZING THE SIGNING OF A MODIFICATION OF AGREEMENT (to Extend Compliance Date for Abatement of Excess Units at 405 "D" Street to September 1, 1984 - Lawrence & Nancy Loder; Harley & Jean Ussery) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 7/2/84 Page 6 SRCC Minutes (regular) 7/2/84 Page 7 12. REPORT OF DEVELOPMENT REVIEW COMMITTEE ON CIVIC CENTER NORTH (CM) - File 9-1-3 Mayor Mulryan explained that on May 30, 1984, the Development Review Committee met to hear presentations from developers asso- ciated with the Civic Center North project, who are seeking an increase of 184% over the approved density for this site, with a greater emphasis on rental apartments. Mayor Mulryan stated that this proposal was a means of achieving housing that was not possible on the Grausz project, but since Dr. Grausz had come back with a new proposal for housing that it now appeared to be a moot issue. City Manager Robert Beyer stated that Mr. Shekou, the developer, is still interested in the project and would like some feedback from the Council and that is the reason the item was put on the agenda. Mr. Joe Skekou and Mr. Bob Oman, developers on the project, both indicated they would like some direction from the Council on where to go from here. The Council suggested that they take the project back to the Development Review Committee for an informal review. Since it would be considered independently from the proposal of Dr. Grausz, consideration would have to be given as to the affect of adding the units regarding traffic generation,.in conjunction with What the Council has done with the Grausz project. The developers decided to go back to the Development Review Com- mittee before returning to the Planning Commission, City Council or dropping the project. City Manager Beyer was directed to set up the meeting. 13. REQUEST TO APPROVE PROPOSED BALLOT WORDING AND ORDINANCE TO BE SUBMITTED TO THE VOTERS IN NOVEMBER 1984 TO CHANGE THE CITY`S APPROPRIATIONS (PROP 4) LIMIT (CA) - File 8-14 x 8-5 x9-4 City Manager Robert Beyer stated that at the last meeting, the Council directed staff to prepare some wording options for con- sideration in putting a Proposition 4 appropriation limit measure on the November 6, 1984 general election ballot. City Manager Beyer suggested that the Council consider the issue of whether or not the City should put this on the ballot at the same election as the Jarvis initiative in November. It will be a difficult task to explain the appropriation limit issue to the voters at the same time a tax initiative is on the ballot which is already being called the "refund" initiative. Staff suggested that the consideration of a special election in the Spring of 1985 be given to this issue, even though it would cost more. Councilmember Frugoli stated trate was opposed to having a special election due to the expense involved. Councilmember Breiner suggested that a road tax measure could be put on the ballot at the same time, if a Spring election was held. Finance Director Ransom Coleman responded to a question from Councilmember Breiner if other communities put this on the ballot and what their track records were. He indicated that only a couple of communities had put it on the ballot and two that he is aware of passed with a majority vote. Councilmember Frugoli moved that the Proposition 4 appropriation limitation be put on the November 1984 ballot. The motion died for lack of a second. Councilmember Breiner moved and Councilmember Russom seconded, to place the Proposition 4 appropriation limitation on the April 1985 ballot. (March 1985) AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 7/2/84 Page 7 SRCC Minutes (Regular) 7/2/84 Page 8 14. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1486 - AMENDING TITLE 19, OPEN SPACE OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW SECTION 19.10.070 ENTITLED: EXCEPTIONS, AND NEW SECTION 19.10.080 ENTITLED: APPEALS (PW) - File 13-14-1 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 19, OPEN SPACE OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING NEW SECTION 19.10.070 ENTITLED: EXCEPTIONS, AND NEW SECTION 19.10.080 ENTITLED: APPEALS" Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1486 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1487 - PROVIDING FOR THE LEASE OF PUBLIC REAL PROPERTY AT 522 "B" STREET (AP 13-061-40) TO STEPHEN WEST (RA) - File 2-8-25 The title of the Ordinance was read: "ORDINANCE PROVIDING FOR THE LEASE OF PUBLIC REAL PROPERTY AT 522 B STREET ( A . P . 13-061 -40 ) TO STEPHEN WEST" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1487 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. REFERRAL TO CITY OF NOVATO FROM MARIN LOCAL AGENCY FORMATION COM- MISSION OF A PROPOSED SPHERE OF INFLUENCE CHANGE INVOLVING A PORTION OF THE ST. VINCENT'S PROPERTY SOUTH OF HAMILTON AIR FORCE BASE (Pl) - File 149 Planning Director Anne Moore's staff report indicated that for several months, the Marin County Local Agency Formation Commission has been considering the Las Gallinas Area change to the Novato and San Rafael spheres of influence boundaries. This matter has been brought up because property has been purchased by the Las Gallinas Valley Sanitary District for its water reclamation project. The property involved is in an area between the LAFCo recognized boundaries of the spheres of influence for Novato and San Rafael. Originally, LAFCo staff had recommended that the entire area become part of the San Rafael sphere of influence. In February, the Novato City Council unanimously opposed that recommendation, because the area is shown in the Novato General Plan as part of its sphere of influence. Per staff recommendation, the San Rafael City Council indicated to LAFCo in April that the City has no position regarding the Las Gallinas Area amendment to the City's sphere of influence. At its May 31 meeting, LAFCo discussed a compromise alternative whereby property owned by the Las Gallinas Valley Sanitary District (AP 155-010-65) would be included in San Rafael's sphere, while the St. Vincent parcel (AP 155-010-68) would remain undesignated. Novato staff has recommended approval of this compromise, and San Rafael staff also deems it a reasonable approach. After discussion, Councilmember Breiner moved and Councilmember Russom seconded, to authorize the Mayor to communicate to LAFCo, San Rafael's endorsement of compromise boundary alternative for the Las Gallinas Area. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 7/2/84 Page 8 17 LU 19. SRCC Minutes (hegular) 7/2/84 Page 9 REPORT ON CITY'S OPEN SPACE (PW) - File 13-14-1 Public Works Director David Bernardi 's staff report indicated that staff has been asked to apprise the Council on the City's open space policies, especially as they pertain to the policing and patrolling of these areas with particular emphasis on encroachment problems and the adequacy of existing gates and fences. The Police Department feels the majority of problems associated with our open space lands occur in the Terra Linda/Lucas Valley areas due to vehicular encroachment into these areas. Existing barrier gates and fencing are not adequate to preclude motorcyclists and four wheel drive vehicles from illegally entering open space lands causing erosion problems and the potential for fire. Staff recommends that the Council accept the report and take no action at this time. Staff feels the relatively few number of illegal encroachments into the open space do not warrant the expenditure of $50,000. Public Works Director Bernardi reported that the main uses of the open space are passive uses such as hiking, cross country running and the sheep grazing. He stated that the Nike Site might be incorporated into the State Parks system and they would then maintain the area. Councilmember Nave asked that staff look into exactly what the City can use the open space monies for. The Council accepted the report without motion. JOINT POWERS AGREEMENT BETWEEN CITY AND MARIN COUNTY OPEN SPACE DISTRICT RE SUN VALLEY OPEN SPACE (CM) - File 4-13-69 x 13-14-1 City Manager Robert Beyer reported that a Joint Powers Agreement between the City of San Rafael and -che Marin County Open Space District has been prepared to implement a program which has developed over the past couple of years between the City, County and Neighborhood 13 representatives to acquire approximately 92 acres of open space land in the Sun Valley area. This agreement provides that the City and the County Open Space District would each pay approximately 25% of the estimated total cost or $325,000 each for the purchase of these parcels, with the remainder coming through the formation of an assessment district. City Manager Beyer explained that by having a Joint Powers Agree- ment, once the agreement has been entered into, it allows the County Real Estate Officer to tie-up the price of the property, and then the property owners will circulate petitions for the formation of a district. RESOLUTION NO. 6864 - RESOLUTION AUTHORIZING THE SIGNING OF A CON- TRACT, LEASE OR AGREEMENT BETWEEN THE MARIN COUNTY OPEN SPACE DISTRICT AND THE CITY OF SAN RAFAEL RE: ACQUISITION OF SUN VALLEY OPEN SPACE AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: CGUNCILMEMBERS: None ABSENT: COUNCILMEMBERS : None REPORT ON IMPACT OF JARVIS INITIATIVE ON NOVEMBER 1984 BALLOT ON CITY OF SAN RAFAEL (CM) - File 8-14 x 8-5 x 9-4 City Manager Robert Beyer reported that the Jarvis Initiative, scheduled for the November 1984 ballot, centers around five issues: Real Property Taxes, Non -Real Property Taxes, Regulatory (Police Power) and Service Fees, Inflationary Adjustments in Real Property Assessments, and Authorized Override for Prior Indebtedness. He said in many cases it is an attempt to change the court interpre- tations of Proposition 13 which have taken place over the last six years. The impact of the initiative,as staff can estimate at this time, would be a one-time loss to the City in 1985/86 of an infla- tionary assessment rollback of $631,000 if it passes in November. The on-going loss would be about $39,000. Additional probable losses would include paramedic tax revenue $440,000, property transfer tax $150,000 and CSA #19 fire service tax $70,000 for a total loss in fiscal year 1985/86 of $1,330,000. SRCC Minutes (Regular) 7/2/84 Page 9 20. 21 22. SRCC Minutes (Regular) 7/2/84 Page 10 Additional areas where City revenue might be affected would be in the recreation pay-as-you-go programs and the City's traffic miti- gation fee program, since there is a provision where fees could not be increased any greater than the CPI in the previous year. There would be an impact on the sale of redevelopment bonds, and could potentially affect the assessments within the Redevelopment Area. City Manager Beyer said the staff is recommending that Council oppose the initiative measure on the November ballot. Councilmember Breiner stated she believed that at the Mayors and Councilmembers meeting there was a suggestion to form a committee within the County that would include a representative from each City Council. City Manager Beyer said that there was going to be a meeting in San Rafael and he would get the information to the Council. Councilmember Nave indicated he would like more information on the probable losses the City could incur if the initiative passed. Councilmember Frugoli moved and Councilmember Nave seconded, to accept the staff report and bring the item back to the Council for action after the Mayors & Councilmembers have put their report together on the initiative, or early in September. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RE2UEST BY BOARD OF SUPERVISORS FOR SUPPORT TO PLACE A 30 GAS TAX MEASURE ON THE NOVEMBER 1984 BALLOT (CM) - File 9-4 x 8-10 Mayor Mulryan stated that the matter will be held over to the meeting of July 16, 1984 meeting at the request of the Board of Supervisors. SETTING TIME FOR CLOSED SESSIONS OF THE REGULAR MEETINGS OF THE COUNCIL (CA) - File 9-1 x 9-1-2 City Attorney Peter Muzio explained that Chapter 2.04 of the Municipal Code sets the time for regular meetings of the City Council at 8:00 p.m. Since the Council agreed, at its meeting of June 18, 1984, to hold the closed sessions at 7:00 p.m., it is necessary to amend the ordinance or notice the closed sessions as special meetings. Because closed session items occasionally come up on short notice, it would be preferable to amend the ordinance rather than to notice them as special meetings for the reason that nothing may be discussed at a special meeting which is not set forth in the notice of the meeting. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 2.04 OF THE SAN RAFAEL MUNICIPAL CODE RELATING TO THE TIME OF CLOSED SESSIONS OF THE CITY COUNCIL WHICH ARE PART OF REGULAR MEETINGS OF THE COUNCIL" Councilmember Russom moved and Councilmember Nave seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1489 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AMENDMENT OF ORDINANCE SETTING CITY ATTORNEY'S SALARY (CA) - File 9-3-16 x 7-3 City Manager Robert Beyer's staff report indicated that at its meeting of June 27, 1984, the Council tentatively approved a salary increase for the City Attorney to $2,400 per month. Because the salary of the City Attorney is presently set by ordinance, this increase must be accomplished by amending the ordinance. The title of the Ordinance was read: SRCC Minutes (Regular) 7/2/84 Page 10 SRCC Minutes (,�,,egular) 7/2/84 Page 11 "AN ORDINANCE OF'THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 2.08 OF THE SAN RAFAEL MUNICIPAL CODE RELATING TO THE COM- PENSATION OF THE CITY ATTORNEY" Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1490 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Frugoli moved and Councilmember Breiner seconded, to adopt staff recommendation as follows: SB 2216 (Keene) Brown Act Exemption - Oppose AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt staff recommendation as follows: AB 2648 (Costa) Court Review of Subdivision Dedication Requirements - Oppose AYE'S: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: C"OUNCILMEMBERS: None Councilmember Russom requested that staff provide the Council with the voting records of our State representatives (State & Assembly) on an on-going basis. CLOSED SESSION The Council adjourned to Closed Session -(continuation from Special meeting held earlier in the evening at 7:00 PM). � JEdN!RM. LEONCfYVI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 7/2/84 Page 11