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