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HomeMy WebLinkAboutCC Minutes 1984-08-20• r- SRCC Minutes legular) 8/20/84 Page 1 In Conference Room 201 of the City of San Rafael, Monday, August 20, 1984 at 7:00 p.m. Regular Meeting' CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION No action was taken. In the Council Chambers of the City of San Rafael, Monday, August 20, 2984 at 8:00 p.m. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: Dorothy L. Breiner, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Peter J. Muzio, City Attorney ORAL COMMUNICATIONS OF AN URGENCY NATURE REQUESTS FOR AFFORDABLE HOUSING - File 9-4 x 13-16 The Council heard from several members of the public regarding the lack of rental housing, exhorbitant rent increases and abuse of renters by P. Anderson. Urgent requests were made for a rent control measure to be placed on the ba -1 -lot for March, 1985. RECON"IDERATION OF COUNCIL ACTION ON SKATEBOARD RAMP - File 10-5 Mrs. Heather Otanez protested the Council action on the denial of the skateboard ramp in her backyard. Councilmember Frugoli moved and Councilmember Nave seconded, to recon- sider the skateboard ramp item; that the City would work with the Otanezes in an attempt to find a new location for the ramp and bring findings back to the Council in 30-45 days. Also included in the motion was the require- ment that the skateboard ramp not be used at the present location. AYES: COUNCILMEMBERS: Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCIMEMBERS: Breiner ABSTAINED:COUNCILMEMBERS: Russom (Due to absence from the meeting of CONSENT CALENDAR August 6, 1984) Councilmember Frugoli moved and Councilmember Nave seconded to approve the recommended action on the following consent calendar items: Item Recommended Action 3. Change in Meeting Date to Tuesday, September 4, 1984, Due to Labor Day Holiday on September 3, 1984 (CC) - File 9-1 4. Extension of Time - Dominican Estates Subdivision (PW) - File 5-1-259 5. Amendment to Agreement with State for Pdaintenance of City -Owned Electrical Equipment Off State Highways (PW) - File 4-8-18 Approved staff recommendation. RESOLUTION NO. 6894 - EXTENDING TIME FOR THE COMPLETION OF IM- PROVEMENT MPROVEMENT WORK IN DOMINICAN ESTATES SUBDIVISION, SAN RAFAEL, CALIFORNIA (to August 19, 1985). RESOLUTION NO. 6895 - AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO AGREE- MENT NO. 5043-C WITH THE STATE OF CALIFORNIA FOR MAINTENANCE OF CITY -OWNED ELECTRICAL EQUIPMENT OFF STATE HIGHWAYS, SAN RAFAEL. CALIFORNIA 6. Acceptance of Grant of Storm Drainage RESOLUTION NO. 6896 - ACCEPTING Easement - 210 Orange Blossom Lane GRANT OF STORM DRAIN EASEMENT (PW) - File 2-4-11 FROM JEAN A. AND MICHAEL TOMPKINS, 210 ORANGE BLOSSOM LANE, SAN RAFAEL, CALIFORNIA SRCC Minutes (Regular) 8/20/84 Page 1 SRCC Minutes �_egular) 8/20/84 Page 2 7. Bid Opening and Award of Contract - Elda Drive Slide Repair (PW) - File 4-1-369 RESOLUTION NO. 6897 - AWARD OF CONTRACT (To Piombo General Engineering Contractors, low bidder, in amount of $15,829.00 for Elda Drive Slide Repair, Project No. 19-19908000860) 8. Request for Authorization to Proceed Approved staff recommendation. with Soils Investigation - Hillside Avenue Open Space Slide Repairs (PW) - File 4-3-123 x 4-1-372 x 13-14-1 9. Requests for Authorization to Call for Bids - Ross Street Storm Drain Replacement (PW) - File 4-1-373 11. Cooperation Agreement with County of Marin for Multi -Family Rental Housing Tax Exempt Financing (CM) - File 4-13-72 x 13-16 Authorized to call for bids. RESOLUTION NO. 6898 - APPROVING AGREEMENT OF COOPERATION BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN FOR THE PURPOSE OF FINANCING MULTI -FAMILY RENTAL HOUSING PROJECTS WITH RESPECT TO PROPERTY WITHIN THE AREA OF THE CITY OF SAN RAFAEL AND AUTHORIZ- ING THE EXECUTION THEREOF 12. Communication from Central Marin Accepted report. Sanitation Agency Re Designation of Aid to Navigation Light in Honor of Norris M. Rawles, Former City of San Rafael Director of Public Works (CM) - File 4-12-7 x SRRA R-164 13. Claims for Damages: Approved George Hills Co., Inc. recommendationsfor denial of a. James Purcell (PW) - File 3-1-879 claims. b. Blythe Brunker (PW) - File 3-1-906 C. Geoffrey Charles Peters (PD) - File 3-1-911 d. Merritt Bitz (PW) - File 3-1-912 AYES: COUNCILME14BERS : Frugoli , Nave, Russom & Mayor T.4ulryan NOES: COUNCI LIE-1IBERS : None ABSENT: COUNCILMEMBERS: Breiner 2... APPROVAL OF MINUTES OF SPECIAL AND REGULAR MEETINGS OF JULY 2, 1984 (CC) - File 1-4 Councilmember Russom asked that the Minutes of the regular meeting of July 2, 1984 re #8 - public hearing on the rezoning of Gallinas Village, state that, "There will be a formal letter of agreement between the City and Dr. Grausz which stipulates that there will be no profit taken for the first ten vears on the 100 below market rate units." This would be an amendment to the second paragraph on page 3 of the Minutes. Councilmember Russom moved and Councilmember Nave seconded to approve the Minutes of the Special Council meeting of July 2, 1984 as presented, and the Minutes of regular meeting of July 2, 1984 as amended. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEDIBERS : Breiner 10. AGREEMENT WITH MARIN HERITAGE RE FALKIRK GREENHOUSE (Lib/Cult Aff) - File 4-10-185 x 9-2-24 x 7-1-31 On April 21, 1980, the Council gave Marin Heritage permission to restore the greenhouse on the Falkirk grounds, granting $5,000 in matching funds to the group for this purpose. The State Office of Historic Preservation also granted $2,250 in matching funds for this project. Marin Heritage has spent approximately $14,000 and con- tributed countless volunteer hours toward the restoration. Staff initiated a formal agreement to clarify the respective roles and mutual expectations between Marin Heritage and the City with regard to this project. SRCC Minutes (Regular) 8/20/84 Page 2 ivll SRCC Minutes _begular) 8/20/84 Page 3 City Manager Robert Beyer stated that two amendments are suggested for inclusion in the Agreement. They are: (1) The addition of the the following wording in the last sentence in #2 of page 2: "or until such project is completed." (2) The addition of the following sen- tence at the end of the last paragraph in #7 on page 2: "The provisions regarding insurance contained in this paragraph will not apply to the Marin Heritage restoration consultant while engaged either as a con- sultant or volunteer for Marin Heritage." Councilmember Frugoli moved and Councilmember Nave seconded, to adopt the Resolution authorizing the Mayor to sign an agreement with Marin Heritage for restoration of the greenhouse with the suggested amend- ments. RESOLUTION NO. 6899 - AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH MARIN HERITAGE FOR RESTORATION OF THE FALKIRK GREENHOUSE AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner RESOLUTION NO. 6900 - DECLARING VOLUNTEERS WORKING ON THE FALKIRK GREENHOUSE TO BE EMPLOYEES FOR THE PURPOSES OF WORKERS' COMPENSATION AND INSURANCE LAW AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner PUBLIC HEARING ( Councilmember Frugoli left the meeting. UP83-64 & ED83-78 - APPEAL OF PLANNING COMMISSION DENIAL FOR SECOND FLOOR ADDITION TO NAUTILUS HEALTH CLUB; 734 "A" STREET.; EVELYN DIAMOND, OWNER; D. HUGH GREGORY COLEMAN & GARY T. RAGGHIANTI, APPELLANT & REP.; AP 13-012-33 (Pl) - File 10-5 x 10-7 Mayor Mulryan opened the public hearing. Planning Director Anne Moore reported that design and use permits for a second story of the Nautilus health club have been reviewed by the Planning Commission since March of this year. In June, the Planning Commission took action to deny the permits which would add to the existing club an aerobic exercise room, additional locker rooms and incidental office space on a second floor. The proposal also included improvements of a contiguously common owned lot for 11 on-site parking spaces. The Planning Commission's denial was based on findings that the second story addition has the potential to be detrimental to the welfare of surrounding uses and properties due to inadequate parking. The Commission also determined that the addition would lead to increased membership and intensification of use beyond the additional parking that could be provided and the limited amount of on -street parking in the vicinity. Planning Director Moore said the Commission was con- cerned because the project currently exists with inadequate parking due to the grandfathered -rights accruing from the previous gymnasium use of the site. She explained that the applicant's attempts to secure remote parking were unsuccessful. Street parking signs and curb paint- ing were recently installed by the City on the west side of "A" Street adjacent to the Safeway access driveway to help control illegal street parking in this area. These measures don't provide additional on - street parking and staff would not recommend any other on -street parking improvements along this portion of "A" Street, given the poten- tial connection with Andersen Drive along the railroad right -of way. Planning Director Moore stated that there was strong opposition from neighboring businesses primarily due to the parking problems and the potential of the proposal to aggravate the shortage of parking. Ms. Moore reported that the current health club operates without a use permit and was established as a continuation of the previous use. A use permit was not required previously because commercial recreation uses were uses by right in the C-2 District at that time. Staff believes that the club is presently operating pretty close to capacity, and that the locker room extension is probably more determinant of a use intensification than some of the other facilities. It was their feeling that the daily use would be increased due to expanded locker rooms. SRCC Minutes (Regular) 8/20/84 Page 3 SRCC Minutes .egular) 8/20/84 Page 4 Mr. Gary Ragghianti, attorney for the appellants, read from a letter from Mr. Lobsinger, Manager of the adjacent Safeway store, which stated that after the Planning Commission meeting in June, the Nautilus Club has made a concerted effort to alleviate the parking problem in the area by posting a bulletin in the club showing where the patrons can and cannot park. Mr. Lobsinger stated that there have been fewer cars parking in the Safeway lot and if Nautilus continues to make positive efforts towards alleviating the parking problem, he would have no objection to a second story addition. Mr. Ragghianti also read from a letter signed by a representative of Marin Produce which stated that they have a standing agreement with Nautilus that allows their customers to use their parking facility every weekday after 3:00 p.m. and all day on weekends. Mr. Ragghianti also indi- cated Miracle Auto Painting had written a letter expressing they had no objections to the remodeling. He also referred to a petition signed by 600 persons who support the proposal. He indicated, for the record, that there is a discrepancy regarding the number of aerobic dance classes held at Nautilus during the month. Mr. Ragghianti stated that Nautilus would be willing to limit the number of aerobic dance classes to those that are currently being held. Mr. Ragghianti stated that Nautilus meets the current on --site parking requirements. He explained that the applicant wants to expand the locker room space to resolve an intolerable situation, and that it is misleading to assume that additional lockers will cause an increase in membership. He asked that the City Council grant the appeal. Ms. Lynn Duryee_spoke, representing Guy Duryee, owner of the property immediately adjacent to the Nautilus building. She stated that there is currently a parking crisis in the area. Ms. Duryee said that when the Planning staff originally recommended expansion of Nautilus, the effect of the removal of the railroad right-of-way parking, currently about 18 parking spaces,was not taken into account. She said even though Nautilus is attempting to improve the situation by telling their members where and where not to park, the reality of the situation is that they cannot control it. She urged the denial of the proposed addition by Nautilus. Mr. Benedict Vering, owner of properties at 738 and 740 "A" Street, also speaking for Harris Martin, a neighboring property owner, and Mr. Martin's store manager, stated that they were all in opposition to the proposal by Nautilus due to the parking problems currently existing. Mr. Brian Getty, a San)Rafael resident, stated that Nautilus has improved the quality of the area since they took over, and the proposed addition would only make the area more enhancing. He urged that the Council overturn the appeal. Mr. Tom Passantino, a manager of Nautilus of Marin, stated that the previous owners of the health club used a greater amount of space in the building for the gym. He stated that their daily traffic was about 200 persons and Nautilus is approximately 225. He indicated that the only persons who had appointments at the health club when it was Bob Fuller's, were therapy patients. The others came and went as they do at Nautilus. He was formerly the manager at Bob Fuller's. Mayor Mulryan closed the public hearing. After discussion, Councilmember Nave moved and Councilmember Russom seconded, to grant the appeal and allow the design and use permits for the second story to Nautilus of Marin with the condition that the aerobics dance classes be limited to the number currently being held and that all eleven parking spaces for Nautilus be made available for use. AYES: COUNCILMEMBEn.S: Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUIVCILMEMBERS: Breiner, Frugoli (Councilmember Frugoli returned.) SRCC Minutes (Regular) 8/20/84 Page 4 SRCC Minutes _,,egular) 8/20/84 Page 5 15. PUBLIC HEARING CANALWAYS DRAFT ENVIRONMENTAL IMPACT REPORT; SOUTHEAST OF THE END OF BELLAM BOULEVARD; CANALWAYS GENERAL PARTNERSHIP, OWNER; J. BLEDSOE, PARTNER; DAVID COLDOFF, REP.; AP 9-010-22, 23, 24 & 25 AND A PORTION OF 9-010-02 (Pl) - File 5-1-288 Mayor Mulryan opened the public hearing and stated that the purpose of the meeting was to accept public comments on the adequacy of the draft EIR. Planning Director Anne Moore stated that this hearing would normally conclude the public comment period in the draft EIR, however a recent comment by the U.S. Fish & Wildlife Service has suggested that miti- gation for the Salt Marsh Harvest Mouse be provided on site. This suggestion changes the emphasis to certain alternatives so staff recommended that additional comments about the Salt Marsh Harvest Mouse should be accepted through August 31, 1984. Senior Planner Art Brook then identified the site and described the history of project proposals and past environmental review. The public requested to have the EIR expanded to include noise, traffic, air quality, visual and population/housing issues. Malcolm Sproul, from Larry Seeman & Associates, briefly described the scope of the EIR and addition of a 25/55 acre alternative which was prepared by the Marin Conservation League and Audubon Society so the EIR would include a proposal which conformed to the existing City policies. Mr. Sproul stated the EIR's conclusion that this alternative would only provide equal compensation if cattail growth in the marsh could be controlled. Mr. Jack McDonough , of -the Canal Community Alliance, stated that the EIR was incomplete since it failed to discuss the property's high open space value as identified in the Recreation Element of the General Plan and the status of the Neighborhood Plan for East San Rafael. He indicated that this data should be included so the pro- ject's potential to prejudice the Neighborhood Plan could be evaluated. He also said that cumulative impacts needed to be addressed. Examples of wetland, police service and traffic impacts were cited as cumulative impacts which need to be addressed in a neighborhood plan- ning context. Ms. Marta Sullivan, of Spinnaker Point, stated that the project is complex and requested topographic data on the site and development alternatives. She proposed consideration of a scaled down development plan with on-site Salt Marsh Harvest Mouse habitat. Grading in off- season for wildlife habitat values was suggested. Potential rat problems in boulder rip rap was identified. Mr. Jack Cornelius, of the Canal Community Alliance, reported that the discussion of affordable housing was inadequate and suggested that longer term rental housing and various mechanisms to provide lower cost units be explored. He then stated that service vehicles, street sweeping and parking needed to be addressed further. Mr. John Bodle, of the Marin Audubon Society, paraphrased the Society's letter which questions the EIR consultant time versus space analysis. The need to provide open space to maximize peak uses is proposed. The use of current water management practices as a base for the EIR analysis was questioned since current practices reduce maximum habitat alternative, including on-site Salt Marsh Harvest Mouse habitat was declared. Flexibility of water management should be provided and directed by an advisory board. Mr. Don Dickenson, of the Marin Conservation League, presented the letter from the League and stressed that reduction in the wetland areas would create impacts that could not be fully mitigated by the acres proposed in Alternatives 1 and 2. The need for on-site Salt Marsh Harvest Mouse habitat, which would enhance existing pickleweed areas, was supported. Potential reductions in the project height, which would reduce wetland areas, were opposed. Ms. Nancy Mosk requested further information on the status of the San Quentin landfill and potential toxic waste problems related to the landfill. SRCC Minutes (Regular) 8/20/84 Page 5 SRCC Minutes egular) 8/20/84 Page 6 Mr. Barry Nelson, representing Save San Francisco Bay, stated that the project is significant due to its unique large wetland area which should be preserved to support the Pacific Flyway and off -shore rookery. The habitat acreage in the proposed alternatives was char- acterized .,a�8 inadequate. Off-site mitigation for the Salt Marsh Harvest Mouse would be difficult to provide. Seasonal fluctuations in the existing habitat provide a unique habitat which cannot be replaced by year round marsh on a reduced acreage. Mr. Ted Kreines, commenting on behalf of the Canal Community Alliance, stated that the EIR is inadequate due to the potential traffic impacts from cumulative development in the area. All projects should be listed, their traffic identified and traffic impacts identified. The effects on Highway 101 should be described. Lane geometrics of existing and planned improvements should be shown. Full funding of all improvements should be provided. Filtering should be described. Mitigation measures and the capacity analysis were questioned per the Appendix of the Canal Community Alliance letter. A discussion of the DKS operational analysis of the signal timing was presented to demon- strate that the intersection would operate over capacity. Existing noise levels need to be provided as they should exist in the City's -:- General Plan. The projected noise levels should then be evaluated. Mr. Dave Rawlinson, President of the Bahia de Rafael Homeowners Asso- ciation, estimated that 59 homes would be impacted by noise. He estimated that the cost of insulating the front windows would cost $38,650 and then indicated that the rear windows should also be insulated which would raise the total cost to approximately $92,300. He then questioned who would pay.and then said it should not be the homeowners or their association. Approval from the Association would be required for the proposed changes. Mr. Ralph Crocker, from Spinnaker Point, objected to the introduction of three-story residential buildings due to the potential precedent. He also noted an error on page 87 which stated that there would be maximum two-story residences. Ms. Sheila Hoffman, of Spinnaker Point, requested additional analyses of large scale offices to address traffic and parking needs. Incorporation of the San Rafael Sanitation District property and City drainage pond into the project area was opposed. The need to address cumulative impacts particularly of unclassified areas was identified. Mayor Mulryan closed the public hearing and directed staff and the consultant to proceed with preparation of responses. 16. KERNER BOULEVARD ASSESSMENT DISTRICT (PW) - File 6-35 Acting Public Works Director Lloyd Strom reported that before the Council were a number of items to be considered, primarily dealing with the sale and disposition of bonds for the assessment district. The first six items pertain to a claim that was filed against the City,stemming from the formation of this assessment district, by Mr. Ray Piombo. The claim has been resolved and Mr. Piombo will be included in the assessment district and he will be compensated for improvements he made prior to formation of the assessment district. There will be no additional assessments to any members of the assess- ment district. Mr. Strom explained that before the Council tonight was the Settle- ment Agreement from Mr. Piombo and a amendment to the Assessment Diagram and the final Engineer's Report. Mr. Ed Ness, of Sturgis, Ness, Brunsell and Sperry, briefly described each of the items before the Council for action. a. Resolution Approving Settlement Agreement Between Piombo and the City. RESOLUTION NO. 6901 - APPROVING SETTLEMENT AGREEMENT WITH RAY PIOMBO KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner SRCC Minutes (Regular) 8/20/84 Page 6 SRCC Minutes ,.,egular) 8/20/84 Page 7 b. Amended Engineer's Report - Filed C. Resolution Approving Amended Boundary Map RESOLUTION NO. 6902 - APPROVING AMENDED BOUNDARY MAP KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBER5: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner d. Resolution Directing Engineer of Work to File Second Amended Engineer's Report RESOLUTION NO. 6903 - DIRECTING ENGINEER OF WORK TO FILE SECOND AMENDED ENGINEER'S REPORT-KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEIVBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner e. Second Amended Engineer's Report - Filed f. Resolution Approving Seconded Amended Engineer's Report RESOLUTION NO. 6904 - APPROVING SECOND AMENDED ENGINEER'S REPORT - KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner g. Paid and Unpaid List - Filed h. Resolution Determining Assessments Remaining Unpaid RESOLUTION NO. 6905 - DETERMINING ASSESSMENTS REMAINING UNPAID - KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner i. Resolution Authorizing Issuance of Bonds RESOLUTION NO. 6906 - AUTHORIZING ISSUANCE OF BONDS-KERNER BOULEVARD ASSESSMENT DISTRICT (Not to exceed $6,046,134.00) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner j. Resolution Ordering Sale of Bonds RESOLUTION NO. 6907 - ORDERING SALE OF BONDS-KERNER BOULEVARD ASSESSMENT DISTRICT (Accepting offer of Wulff, AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mu %n & Co.) NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner k. Resolution Authorizing Execution of Agreement With Bank of America National Trust & Savings Association RESOLUTION N0. 6908 - APPROVING AGREEMENT WITH BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION - KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner SRCC Minutes (Regular) 8/20/84 SRCC Minutes egular) 8/20/84 Page 8 17. PEACOCK GAP IMPROVEMENT DISTRICT (PW) - File 6-37 Acting Public Works Director Lloyd Strom reported that before the Council were two resolutions to be adopted that would authorize the sale of the bonds and the execution of a purchase agreement for the Peacock Gap Improvement District. Mr. Strom stated that a third item for Council consideration is a request from the San Rafael School District to be reimbursed through the Improvement District proceedings for their proposed park site dedication. This matter was brought to the Council's attention at the public hearing on August 6, 1984 by Ms. Lynn Sedway, representing the School District. Mr. Strom indi- cated that an agreement has been reached with the District and the various property owners involved in the Improvement District. Staff is recommending that Council authorize acquisition of the park lands and to compensate the School District. Staff would then come back with some formal proceedings to initiate this change. Mr. Strom said there would be no change in the assessments that were originally set up. Mr. Ivan Glover, representive of American Savings Property, spoke against having the School District being reimbursed for the park. He stated they made a deal with the School District's representative some time ago, that they would advance the cost of the assessment district in -lieu of them being paid for that. He said that at a meeting about two days ago with Peter Hunt, of New York Cal., that was not the understanding. He wanted it to go on record saying that the School District did make that agreement. Mr. Dick Godino, attornev, representing the School District stated that it was clearly understood by all parties from the earliest discussions of this assessment district that the property that is to be dedicated as a park site by the School District would be included as one of the improvements to be compensated for by the assessment district. He also asked that their property be appraised by Mr. Haley, as the other properties were. a. Resolution Providing for the Issuance of Bonds RESOLUTION NO. 6909 - PROVIDING FOR THE ISSUANCE OF $9,171,065 PRINCIPAL AMOUNT OF "CITY OF SAN RAFAEL IMPROVEMENT BONDS, PEACOCK GAP IMPROVEMENT DISTRICT"; PRESCRIBING THE DATE AND FORM OF SAID BONDS AND PRESCRIBING THE MATURITIES THEREOF AND THE INTEREST RATES THEREON AND THE REDEMPTION PROVISION THEREFOR; AUTHORIZ- ING THE EXECUTION OF SAID BONDS; APPOINTING A FISCAL AGENT FOR SAID BONDS; PROVIDING FOR THE COLLECTION OF ASSESSMENTS TO PAY THE PRINCIPAL OF AND INTEREST ON SAID BONDS: AND PROVIDING FOR A RESERVE FUND FOR SAID BONDS AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner b. Resolution Authorizing Execution of a Purchase Agreement RESOLUTION NO. 6910 - RESOLUTION AUTHORIZING EXECUTION OF A PUR- CHASE AGREEMENT WITH RESPECT TO $9,171,065 PRINCIPAL AMOUNT OF "CITY OF SAN RAFAEL IMPROVEMENT BONDS, PEACOCK GAP IMPROVEMENT DISTRICT" AND APPROVING THE OFFICIAL STATE- MENT RELATING TO SAID BONDS AYES: COUNCILP.IEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILDIEMBERS: Breiner Councilmember Nave moved and Councilmember Frugoli seconded, to approve reimbursement to the San Rafael School District for park land dedication through Improvement District proceedings, and that the appraiser of the land be the one who did the others in the Improve- ment District. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner SRCC Minutes (Regular) 8/20/84 Page 8 SRCC Minutes ,.egular) 8/20/84 Page 9 18. RESOLUTION APPROVING THE TERMS OF A TRUST INDENTURE, A LOAN AGREEMENT AND A BOND PURCHASE CONTRACT AND AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL COMMERCIAL REVENUE BONDS IN THE AMOUNT OF $1,000,000 (MERVYN'S PROJECT) (CM) - File 8-22 19. 20 City Manager Robert Beyer stated that before the Council are three documents for the proposed financing of $1 million in industrial Development Bonds for Mervyn's. This procedure is consistent with previous Council action and that these steps are necessary to con- clude the authorization for the sale of the bonds. ( Mayor Mulryan left the meeting.) RESOLUTION NO. 6911 - APPROVING THE TERMS OF A TRUST INDENTURE, A LOAN AGREEMENT AND A BOND PURCHASE CONTRACT AND AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL COMMERCIAL REVENUE BONDS (MERVYN'S PROJECT) AYES: COUNCILMEMBERS: Frugoli, Nave and Russom NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner. and Mayor Mulryan REVIEW AND COMMENTS ON DRAFT ENVIRONMENTAL IMPACT REPORT FOR HIGH ScRonT CONSOLIDATION (Pl) - File 10-2 Planning Director Anne Moore stated that this item was a review of the San Rafael School District's draft Environmental Impact Report on the effects of closing one of the two high schools. Staff has reviewed the document and determined that there is a need for additional information in the document prior to its being a final EIR. Staff recommendation is to have the Council authorize the Mayor to forward the City's comments to the ban hafael bchool_District on the adequacy of the draft EIR. (Mayor returned to meeting.) Councilmember Nave raised the question as to whether there would be be a potential savings of $400,000 by merging the schools if there would have to be busing. Councilmember Frugoli moved and Councilmember Nave seconded, to authorize the Mayor to forward the City's comments on the draft EIR to the San Rafael School District. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner RECOMMENDATION RE CALTRANS' PROPOSAL TO DEVELOP PARKING OVER CULVERT UNDER VIADUCT (RA) - File 171 x 4-8 - 13,14,15 x SRRA R-81 The item was continued to the next meeting at the request of Council - member Breiner in order that she could participate in the discussion. 21. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1493 - 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) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (54 SAN PABLO AVENUE - "MEADOW OAKS") (Pl) - File 5-1-275 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) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (54 San Pablo Avenue "Meadow Oaks")" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1493 by the following vote, to wit: SRRC Minutes (Regular) 8/20/84 Page 9 SRCC Minutes tegular) 8/20/84 Page 10 AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 22. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1494 - AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING A UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, PRESCRIBING REGU- LATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A BUREAU OF FIRE PRE- VENTION AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS (1982 EDITION) (FD) - File 1-6-4 x 9-3-31 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING A UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PRO- VIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS (1982 Edition)" Councilmember Nave moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1494 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 23. DISCUSSION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ALLOCATION FORMULA (CM) - File 174 Assistant City Manager Pamela Nicolai stated that she spoke with Councilmember Breiner who is the Council's representative to the County Priority Setting Committee about this item. Councilmember Breiner would like to get some direction from the Council prior to her meeting on August 30th to deal with these issues. At the hearings in May, the issue was raised,at the Priority Setting Committee when the money was allocated for 1984/85, by Novato, that it was felt a review of the allocation formula was needed, as well as some of the policies of the Committee. At their meeting in July, County staff was directed to come up with some alternative proposals which are now before the Council tonight. A consensus has to be reached by the Priority Setting Committee members by the end of August because the joint agreement with all the jurisdictions has to be completed by September 23rd and submitted to HUD. Assistant City Manager Nicolai explained that the proposal basically suggests that the allocation formula be modified as part of the Cooperation Agreement to change from a 50/50 split from county to local to a 60/40, with the 40 going to the County. The other two policy issues tnat would be adopted by the Priority Setting Committee as policy matters are that local funds also be designated for housing, and the alternative proposals include a 507o, 40% and 30% allocation. County staff recommends a 3076 level because of the reduction of funds available for capital projects that local funds are traditionally used for. They also recommend a policy that if funds are not used within a reasonable amount of time, and no feasible project seems to be on line for the use of those funds, that those funds would then go to the Countywide Housing Fund rather than remain in a local pool. IVIS. Nicolai stated that Councilmember Breiner wanted it conveyed to Council that she strongly feels right now that the current policy works really well and that she would prefer to support it the way it is, but needs some latitude to work it out if need be. Staff has some concerns about the policy issue of reverting the funds from the local planning area to the Countywide Housing Fund and what their definition is of a "reasonable period of time." Ms. Carol Williams,from the County staff, stated that she felt the Committee's intent would be to have a policy that enabled them to consider taking the funds from a project that was clearly going nowhere and then put them into the Countywide Fund. SRCC Minutes (Regular) 8/20/84 Page 10 SRCC Minutes �Hegular) 8/20/84 Page 11 After discussion, Councilmember Russom moved and Councilmember Nave seconded, to approve the staff recommendation with the addition of the word "may" with regard to funds being reverted to the Countywide Housing Fund after "a reasonable period of time." AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 24. CREATION OF AN ECONOMIC DEVELOPMENT C0MMITTEE (CM) - File 9-2-40 x 9-1 City Manager Robert Beyer stated that he had a meeting with the committee that has been working at the Chamber of Commerce that has done some preliminary work on taking a more aggressive stand on pro- moting San Rafael and what it has to offer business in the community. They would like to work with the City in conjunction with this pro- ject and have a representive from the Planning Department and the City Council serve on this committee, as they develop different pro- grams and approaches. One of the first items would be to develop a brochure which provides basic information concerning the character of the community. Councilmember Russom volunteered to be the Council representative on the Committee, and suggested it be for a one-year term, to be rotated on an annual basis. 25. CITY MANAGER'S REPORT ON CITY DEPARTMENTS' QUARTERLY REPORTS (CM) - File 9-3-11 City Manager Robert Beyer stated that a summary of the activity reports from each of the City's departments is provided for the Council's information. He indicated that in the future reports he hopes to incorporate data, if significant changes take place, as to why those changes have occurred, particularly where there are impacts on staff, various programs and priorities. The report was accepted without motion. 26. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Nave moved and Councilmember Frugoli seconded, to approve staff recommendation to: Oppose AB 3137 (Floyd) Public Employees Retirement System: Unilateral Bargaining Decisions and directed staff to draft letter to Governor Deukmegian requesting that he veto this legislation. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMET.IBERS: Breiner The City Council adjourned to their next regular meeting on Tuesday, September 4, 1984. APPROVED THIS JEANNE-M. LEON �I�City ,lerk DAY OF NNIMMA MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 8/20/84 Page 11