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HomeMy WebLinkAboutCC Minutes 1984-10-01SRCC MINUTES (Regular) 10/1/84 Page 1 In Conference Room 201 of the City of San Rafael, Monday, October 1, 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, October 1, 1984 at 8:00 P.M. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary L. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: None Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Stewart R. Andrew, Assistant City Attorney CONSENT CALENDAR Councilmember Frugoli moved and Councilmember Russom seconded, to approve the recommended action on the following consent calendar items: Item 2. Approval of Minutes of Special and Regular Meetingsof July 16, 1984 and Regular Meeting of August 20, 1984 (CC) 3. Resolution of Appreciation - Vernon L. Burns,(Personnel) Board of Review (CM) - FILE 182 4. Acceptance of Grant of Drainage and Maintenance Easement - Civic Center Plaza (PW) FILE 2-4-12 5. Approval of Final Maps - Meadow Oaks Units 3 and 4 (PSV) FILE 5-1-275 Recommended Action Approved as submitted. RESOLUTION NO. 6928 - RESOLUTION OF APPRECIATION - VERNON L. BURNS (From the City of San Rafael for his voluntary service) RESOLUTION NO. 6929 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ACCEPTING GRANT OF DRAINAGE AND MAINTENANCE EASEMENT - CIVIC CENTER PLAZA, SAN RAFAEL, CALIFORNIA (from Civic Center Partners) RESOLUTION NO. 6930 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "MEADOW OAKS UNIT 3" RESOLUTION NO. 6931 - RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "MEADOW OAKS UNIT 4" 6. Resolution of Findings Granting RESOLUTION NO. 6932 - RESOLUTION Appeal of Handicapped Access OF THE CITY COUNCIL OF THE CITY Requirements at 1016 "C" Street (PW) OF SAN RAFAEL (IN ITS CAPACITY FILE 13-1-1 AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIRE- MENTS - 1016 "C" STREET 7. Status Report on Management Infor- Accepted report. mation System Implementation (CM) FILE 4-3-117 SRCC MINUTES (Regular) 10/1/84 Page 1 S. Call for Applications to Fill Three (3) Vacancies on the Park & Recreation Commission (CC) FILE 9-2-4 SRCC MINUTE Regular) 10/1/84 Page 2 Approved staff recommendations: a.) Accepted resignation of Richard J. Matthews b.) Called for applications - 3 vacancies c.) Set deadline for applications - Wednesday, 10/24/84 at 5:00 P.M. in City Clerk's Office d.) Set interviews at special meeting on 11/5/84 at 6:30 P.M. in con- ference room 201. 9. Resolution Authorizing Execution RESOLUTION NO. 6933 - RESOLUTION of Agreement of Cooperation AUTHORIZING THE SIGNING OF A CONTRACT, Between City of San Rafael and LEASE OR AGREEMENT (with the County County of Marin for Mortgage of Marin for Single Family Housing Revenue Bonds (CM) - FILE 4-13- Revenue Bonds) 64 x 5-1-289 10. Claims for Damages: a. Aetna Casualty & Surety (PW) - FILE 3-1-919 C. Mathew Brunstein, Deceased Minor by Elaine Leah Rolnick, his mother (PW) - FILE 3-1-921 d. James W. Derryberry and Meadowhill Corporation (PW) - FILE 3-1-923 AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Breiner Approved Insurance Consulting Associ- ates, Inc. recommendations for denial of claims. Frugoli, Nave, Russom and Mayor Mulryan (from portion of Item #2 only - Minutes of Regular Meeting of August 20, 1984 due to absence from meeting) 10. b. CLAIMS FOR DAMAGES - KENNETH TALLEY (PD) - FILE 3-1-920 Mayor Mulryan requested that this item be discussed in "Closed Session" and brought back on the agenda at a later date. 11. PUBLIC HEARING - RESOLUTION OF INTENTION RE CONDEMNATION OF STREET LIGHT SYSTEM (PW) - FILE 11-4 Mayor Mulryan declared the .1public :hearing opened. Director of Public Works Bernardi stated that in a report presented to the Council by City Manager Beyer on June 4, 1984, the Street Light Acquisition Subcommittee informed PG&E that they wanted to purchase street lights on a County -wide basis on September 4, 1983. At that time, PG&E was not interested; however, PG&E has since changed their minds and are willing to discuss the issue. PG&E submitted their estimate of $1,064,640 per year as their estimate of savings on a County -wide basis if the street light system was acquired. The City Council gave authorization to hire an outside consultant to appraise the value of the street light system which amounted to $421,564. The consultant's County -wide appraisal is $1,600,000. PG&E's estimated value of the same system is $4,035,700. SRCC MINUTES (Regular) 10/1/84 Page 2 12. SRCC MINUTES ,egular) 10/1/84 Page 3 At the June 4, 1984 meeting, staff informed the Street Light Acquisition Subcommittee that the City was offering $421,564 to PG&E. PG&E rejected the offer on September 12, 1984. Public Works Director Bernardi stated that the public interest will be served through the acquisition of the street light system by the City of San Rafael. He also added that the County Board of Supervisors adopted a similar resolution at its meeting of September 25, 1984. As there were no comments from the public, Mayor Mulryan closed the Public Tearing. Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt the Resolution of Intention re Condemnation of Street Light System. RESOLUTION NO. 6934 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DETERMINING THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF STREET LIGHT FACILITIES IN THE INCORPORATED AREA OF THE CITY OF SAN RAFAEL, APPROVAL OF PLANNING AND NECESSITY OF SAID ACQUISITION AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS AT 2114 FOURTH STREET (McDONALD'S) (PW) - FILE 13-1-1 Mayor Mulryan declared the public hearing opened. Director of Public Works Bernardi reported that an appeal has been filed by McDonald's seeking relief from the requirements for the handicapped access, and Ms. Deborah Barrall, representing McDonald's is asking that the appeal be upheld. A permit was issued some months back to McDonald's to install a drive -up window, and it was assumed at that time that handicapped toilet rooms were accessible. The cost of installing a handicapped toilet facility is $30,000.00. Director Bernardi stated that it is unfortunate that when the building permit was issued to McDonald's, that at that time a handicapped bathroom was not then built. McDonald's nationwide claims that they serve the public as both patrons and employees, and therefore should have a handicapped bathroom installed. Director Bernardi stated he realizes that McDonald's is a franchise operation and that the local operator would have to pay for the cost of improvements. Mr. Richard Skaff, a member of the Corte Madera Town Council spoke making a positive suggestion on the importance of having a handicapped bathroom built. Mr. Skaff's concern is whether a single bathroom will be built or a dual type bathroom. Ms. Deborah Barrall, McDonald's representative in San Rafael, explained that for McDonald's to build the handicapped bathroom would cause unreasonable hardship financially because of the way the building is already built and would cause traffic flow problems and loss of parking spaces. Mayor Mulryan asked Ms. Barrall if their management has looked into the cost of having a unisex bathroom built, and she replied the contractor has done some investigation. SRCC MINUTES (Regular) 10/1/84 Page 3 SRCC MINUTES regular) 10/1/84 Page 4 Mr. Richard Skaff once again spoke saying that he understood the plight of the owner regarding the expense, but stating that the State requires handicapped bathrooms, and McDonald's should comply. Mayor Mulryan closed the public hearing. After further discussion, Mayor Mulryan suggested that staff look into this matter further, and reopened the public hearing. Councilmember Breiner moved and Councilmember Russom seconded, that the public hearing be continued to November 5, 1984 to allow staff to obtain figures on unisex and individual bathrooms for the handi- capped. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING - CONSIDERATION OF AN EXCEPTION FROM THE REQUIREMENTS OF TITLE 19, OPEN SPACE, TO ALLOW INSTALLATION OF A PORTION OF A PRIVATE SEWER SYSTEM ON OPEN SPACE AT 19 INDIAN ROAD (PW) - FILE 189 Mayor Mulryan declared the public hearing opened. Director of Public Works David Bernardi explained that in April, Timothy and Margaret Cronin of 19 Indian Road asked that the City Council allow them to place a portion of their private sewer system in public open space. Council considered their request, but some items needed to be resolved and have been done. This request has also been placed before the Parks and Recreation Commission with no objections. At a meeting of June 8, 1984, Council passed to print an ordinance amendment to Title 19 City Open Space providing the mechanism for appealing to the City Council any of its provisions. Staff has prepared an agreement listing criteria for a permit to be issued and terminated, which has been reviewed by the City Attorney's office and the Cronin's attorney, Mr. Carlos Bea and all have found the agreement acceptable. Mr. Carlos Bea, attorney representing the Cronin's was present to answer any questions put to him by the Council. Councilmember Breiner asked Mr. Bea if there is a clause in the agreement in which the City is held harmless in event of any liabilities. Mr. Bea replied that this was taken care of on page 3, paragraph 6. Mayor Mulryan closed the public hearing. Councilmember Nave moved and Councilmember Breiner seconded,to approve the request to place a portion of the septic sewer system in City Open Space subject to conditions on proposed agreement and directed staff to prepare a Resolution with Findings for adoption at the next meeting. 14. PUBLIC HEARING - CONSIDERATION OF ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL FLEXIBLE DEMAND 'INDUSTRIAL REVENUE BONDS FOR PHOENIX AMERICAN INCORPORATED PROJECT (CM) - FILE 8-22 Mayor Mulryan declared the public hearing opened. City Manager Robert Beyer reported that this is the final step to be taken on this item. As there was no one who wished to speak, Mayor Mulryan closed the public hearing. SRCC MINUTES (Regular) 10/1/84 Page 4 15 SRCC MEETING kAegular) 10/1/84 Page 5 RESOLUTION NO. 6935 - A RE:OLUTION AUTHORIZING THE ISSUANCE AND SALE OF CITY OF SAN RAFAEL, CALIFORNIA FLEXIBLE DEMAND INDUSTRIAL REVENUE BONDS (PHOENIX AMERICAN INCOR- PORATED PROJECT), SERIES 1984, IN THE AGGREGATE PRINCIPAL AMOUNT OF $5,000,000, TO PROVIDE FINANCING FOR AN OFFICE BUILDING FOR PHOENIX AMERICAN INCORPORATED; THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE SAID BONDS; THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT BETWEEN PHOENIX AMERICAN INCORPORATED AND SAID CITY PROVIDING FOR THE REPAYMENT OF THE LOAN OF THE PROCEEDS OF SAID BONDS; THE EXECUTION OF A CONTRACT OF PURCHASE IN CONNECTION THEREWITH PROVIDING FOR THE SALE OF SUCH BONDS; AND RELATED MATTERS. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None DISCUSSION OF PROPOSITION 36 (JARVIS INITIATIVE) (CM) - FILE 9-4 City Manager Robert Beyer reported that the Council asked that this item be brought back for further consideration in September or October. City Manager Beyer indicated that the impact in San Rafael is different from other cities. Michael Mitchell, County Auditor -Controller has indicated that if Proposition 36 is adopted this fiscal year, he would be legally obligated to withhold the proceeds of such taxes, including property transfer tax, pending clarification of the measure. In1he case of the City of San Rafael, these impounds total $486,400 including $66,000 lost from County Paramedic Service Area revenue. Paramedic services are financed 1007o by special assessments. Should this Proposition pass, there would be no funds to pay for this service and the total impact on the City this fiscal year would be approximately $552,400. City Manager Beyer recommended that the City pick up $300,000 this year from the General Fund Reserve for Paramedic funding. After discussion, Councilmember Nave moved to accept report only. Under discussion, City Manager Beyer stated that the City has already been put on notice by the County that if Proposition 36 passes, they will not have the funds based on Mitchell's interpretation to pay us for that paramedic service between November 7 and the rest of the fiscal year. Mr. Beyer suggested that the City write a letter to the County Administrator saying that it is our intention not to provide that service if they cannot pay us. Councilmember Breiner moved to amend the original motion to request that a letter be sent to the Countv Administrator as well as to the people who are being served in the County by paramedic service. The motion to amend the original motion died for lack of a second. Councilmember Frugoli seconded the original motion to accept the report. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 10/1/84 Page 5 16. 17. SRCC MINUTES Aegular) 10/1/84 Page 6 REPORT ON INTERIM FLOOD PROTECTION IMPROVEMENTS ADJACENT TO SAN RAFAEL CANAL (PW) - FILE 12-9 City Manager Beyer briefed the staff report, stating it contained an interim approach the City might use in relation to maintenance of the Canal and the flooding problems. Long term solutions were discussed at the last meeting and it was agreed to pursue the General Investigation Program with the Corps of Engineers to be implemented over a 10 year period. Council now needs to address the problem of interim improvements adjacent to the Canal. Staff has conducted a preliminary investigation of the flooding program and has estimated the cost to repair the city maintenance portion of the levee system to be approximately 2.5 million dollars. Two options were presented: 1. The Council could elect to repair the portion of the levee system currently maintained by the City. This cost would be 2.5 million dollars. The funding source could range from total financing by the City or a combination of City and assessment district funding. 2. The Council could consider a 10 year program in which it would appropriate a specific amount of money each year to upgrade specified "worst case" areas. This option would permit plugging the worst holes in the levee system and thus, keep the water from flooding streets and potentially residences. Also, staff will have to research into the exact status of approximately 45 properties re easement status and individual responsibilities of the various property owners. A current preliminary title report will be required for each property. Estimated cost for this investigation is approximately $30,000. Councilmember Frugoli suggested that staff investigate obtaining some of the boat registration fees collected by the County in the area of 12 million dollars per year. After discussion, Councilmember Breiner moved and Councilmember Nave seconded, to approve staff recommendation: a.) Authorize staff to proceed with a parcel by parcel investigation with funding not to exceed $30,000, with funds to be appropriated from unencumbered General Funds; b.) Option 2 approved as method to provide interim flood protection during preparation of General Investigation Study; c.) Council to consider during budget hearings an amount not to exceed $100,000 per year for interim levee repair work; d.) With addition of investigating obtaining some of the boat registration fees. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CONSIDERATION OF HOUSING MITIGATION PROPOSAL FOR 900 FIFTH AVENUE PROJECT (CHATHAM/KUYKENDALL) (Pl) - FILE 10-2 Planning Director Anne Moore stated that this matter was before Council in July when Council upheld the Planning Commission's denial without prejudice of a 15,000 square foot office project at 900 Fifth Avenue because it was inconsistent with the City's Housing Element policy to discourage conversion of residential to nonresidential uses unless equivalent housing can be maintained. SRCC MINUTES (Regular) 10/1/84 Page 6 SRCC MINUTES .egular) 10/1/84 Page 7 In September, 1984, a letter from the developers proposed to pay $50,000 to the City in lieu of housing fees to compensate for the loss of housing units. There is no defined rationale for the $50,000 amount which is a fraction of the total cost for actual replacement of such residential units. There is no housing in lieu ordinance requiring such fees and no formal procedure to estimate such fees. The Council is to decide if the proposed $50,000 in lieu fee adequately addresses the Housing Element policy. Staff has calculated an "in lieu" fee of $144,000. If the Council decides that the amount or a renegotiated amount agreed to by the developer is appropriate, the Council may rescind its former denial action. The item would then be brought back to Council for approval with staff to prepare findings and use permit conditions of approval. Mayor Mulryan stated that we have to consider the fact that we have no ordinance. The policy is fine but when someone buys property expecting that the zoning would be changed from other than residential use, the use would be changed. This forces us into a difficult position and we should ask staff to work on an ordinance. Councilmember Breiner pointed out that there are no economic calculations to include variable tax benefits so calculations should be recalculated if staff is to make a decision in terms of what is to be constructed. Also, perhaps staff needs more direction. The staff report states that the project was not acceptable due to lack of landscaping, setbacks, outdoor space for tenants, etc. Councilmember Breiner indicated it was her feeling that staff should not be demanding outdoor space for tenants. Councilmember Nave indicated that $50,000 is a good compromise. Councilmember Nave moved and Councilmember Frugoli seconded, to accept the $50,000 as mitigation for the housing. Under discussion, Councilmember Russom stated that he agrees that an ordinance is needed immediately with a formula that will apply to each situation that comes up. AYES: COUNCILMEMBER: Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBER: Breiner ABSENT: COUNCILMEMBER: None City Manager Beyer interjected that the matter will be brought back at the next meeting with the conditions of approval so there will be a formal. action by the Council approving the project. Staff will also work on an ordinance and guidelines re mitigation fee for replacement housing. NEW BUSINESS 18. RECOMMENDATION RE REQUESTS FOR ANNEXATION TO SAN RAFAEL SANITATION DISTRICT (Pl) - FILE 12-7 x 10-2 a. P84 -14 -Morgan Lane Annexation to San Rafael Sanitation District; 1, 5 and 7 Morgan Lane; Philip & Dorothy Smith, David & Barbara Costamagna and Peter Pelz, Owners; Marin LAFCo, Rep.; AP 16-012-11, 12 and 52 (P1) b. P84 -15 -Pigeon Hollow Road Annexation to San Rafael Sanitation District; 110 Deer Park Avenue and 240, 250 and 290 Seaview Avenue; Richard & Jeanne Williams, Robert McDaniel, Robert & Linda Garb and Richard & Eileen Fiedelman, Owners; Marin LAFCo, Rep; AP 16-041-25, 26, 27 and 28 (Pl) SRCC MINUTES (Regular) 10/1/84 Page 7 SRCC MINUTE: 3egular) 10/1/84 Page 8 Planning Director Anne Moore stated the City has received a referral from the Marin Local Agency Formation Commission (LAFCo) for two proposed annexations to the San Rafael Sanitation District due to failing sewer septic systems is the unincorporated Country Club neighborhood. The locations are: four contiguous parcels on Pigeon Hollow Road (West end of Country Club), and three contiguous parcels on Morgan Lane (East end of Country Club, adjacent to incorporated Villa Real). The City has the opportunity to recommend to LAFCo dual annexation in situations like this when properties are contiguous. Planning Commission did not concur with the staff recommendation that the Pigeon Hollow Road proposed annexation be required for dual annexation with some enlargement of that annexation. The Morgan Lane annexation area is interior to Country Club and is not readily accessible over City streets for provision of city services. Planning Commission felt there was an overriding public health and safety issue concerning the septic tanks, and stated that in these cases it was appropriate for waiver of the dual annexation policy. Director Moore stated that the Planning Commission's recommendation is that the dual annexation policy be waived in both instances. Director Moore suggested that Council indicate to staff that that be the City's position in the Country Club area across the board. Mayor Mulryan interjected that it would be wiser to go on a case by case basis. Councilmember Frugoli stated that he agrees with the Planning Commission's decisions on the waiver of dual annexation for both parcels. RESOLUTION NO. 6936 - RESOLUTION RECOMMENDING TO THE MARIN LOCAL AGENCY FORMATION DISTRICT (LAFCo) THE APPROVAL OF AN EXCEPTION TO WAIVE THE DUAL ANNEXATION POLICY FOR ANNEXATION REQUESTS TO THE SAN RAFAEL SANITATION DISTRICT AT 1, 5 & 7 MORGAN LANE AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6937 - RESOLUTION RECOMMENDING TO -THE MARIN LOCAL AGENCY FORMATION DISTRICT (LAFCo) THE APPROVAL OF AN, EXCEPTION TO 15AIVE "141E DUAL ANNEXATION POLICY FOR ANNEXATION REQUESTS TO THE SAN RAFAEL SANITATION DISTRICT AT 110 DEER PARK AVENUE, 240, 250 & 290 SEAVIEW AVENUE (Pigeon Hollow Road) AYES: COUNCILMEMBERS: Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEMBERS: Breiner and Russom ABSENT: COUNCILMEMBERS: None Councilmember Breiner indicated she did not agree with the Planning Commission's recommendation because she believes that the dual annexation policy for the Pigeon Hollow Road area could apply in this case. SRCC MINUTES (Regular) 10/1/84 Page 8 SRCC MINUTES kl,egular) 10/1/84 Page 9 SPECIAL JOINT CITY COUNCIL/PLANNING COMMISSION DINNER MEETING - FILE 9-1 x 9-2-6 City Manager Robert Beyer asked if Council would be available for a joint dinner meeting with Planning Commission and City Council. Date was set for Thursday, October 18, 1984 at 7:00 p.m. The City Council adjourned to their next regular meeting on Monday, October 15, 1984. JE E- M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1984 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 10/1/84 Page 9