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HomeMy WebLinkAboutMinutes 1981-1984 pt. 5354 In the Council Chambers of the City of San Rafael, Monday, September 19, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, 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 Special Joint Meeting and Regular Meeting of September 6, 1983 (CC) 2. Approval of Change Order - Southern Heights Bridge Repair (PW) - File 4-1-345 3. Status Report re Loder Agreement (401, 405 & 511 "D" Street) (P1) - File 3-3-30 5. Bid Opening and Award of Contract - Roof Modifications & Repairs - Fire Station No. 1 (PW) - File 4-1-346 6. Bid Opening & Award of Contract - "H" Street & Fifth Avenue Sanitary Sewer Replacement (PW) - File 4-1-351 7. Renewal of Lease Agreement with Dixie School District re Classrooms at Don Timoteo School (Rec) - File 4-7-3 8. Abandonment of 10' Pedestrian Way & Public Utilities Easement between 516 & 524 Heather Way (PW) - File 2-12 9. Claims for Damages: a. Randall & Yukiko Smith (PW) - File 3-1-801 b. Gene & Mary Lair (PW) - File 3-1-802 c. Nancy Pollak (PW) - File 3-1-810 d. Wally H. Tamini (PD) - File 3-1-811 10. Resolution of Findings re Appeal of Handi- capped Access Requirements - 1010 "B" Street (PW) - File 13-1-1 Recommended Action Approved as submitted. Approved Change Order to replace sub - decking on Southern Heights Bridge, amount of $10,762. Accepted report - staff to communicate w/owners of property, that the time frame for Provision 2 of Agreement has lapsed and that time frame for Provision 1, calling for abatement of the illegal units, is in effect. RESOLUTION NO. 6639 - AWARD OF CONTRACT - ROOF MODIFICATIONS & REPAIRS, FIRE STATION NO. 1 (To Art Jorgensen, Inc., low bidder, @ $59,579) RESOLUTION NO. 6640 - AWARD OF CONTRACT - "H" ST. & FIFTH AVE. SANITARY SEWER REPLACEMENT PROJECT NO. 19-1998962 (To Maggiora & Ghilotti, Inc., low bidder, @ $131,690) RESOLUTION NO. 6641 - AUTHORIZING SIGNING OF CONTRACT, LEASE OR AGREEMENT (W/Dixie School District re use of classrooms at Don Timoteo School, from September 1, 1983 through August 31, 1984) RESOLUTION NO. 6642 - INTENTION TO VACATE 10' WIDE PEDESTRIAN WAY AND PUBLIC UTILITIES EASEMENT - LAS COLINDAS UNIT FIVE SUBDIVISION (516 & 524 Heather Way). Set public hearing for October 17, 1983. Approved R. L. Kautz & Co. recommend- ations for denial of claims. RESOLUTION NO. 6643 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 1010 "B" STREET AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 355 4. BID OPENING AND AWARD OF CONTRACT - CLORINDA AVENUE & LOS ROBLES DRIVE STORM DRAIN REPLACE- MENT W - File 4-1-350 Councilmember Breiner stated she had this item removed from the consent calendar because she had a question on it, but is now satisfied. Councilmember Breiner then moved, and Councilmember Miskimen seconded, to adopt the resolution awarding the bid for this project as recommended by staff. RESOLUTION NO. 6644 - AWARD OF CONTRACT - CLORINDA AVE. & LOS ROBLES DR. STORM DRAIN REPLACE- MENT PROJECT NO. 19-1998958 (To Piombo General Engineering Cont., Inc., low bidder @ $19,757.75) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. PUBLIC HEARING - Z83-9 - ZONE DISTRICT CHANGE FROM A -P -NG TO C -1 -NG FOR "SUPERCUTS"; 555 NORTHGATE DRIVE; EMRA CORPORATION SUPERCUTS , OWNER; MURIEL RAY, REP.; AP 175-060-32 I - ripe lu-s Mayor Mulryan declared the public hearing opened, and stated that since the previous public hearing of August 15th the staff has met with Supercuts and neighborhood representatives to attempt to work out the problems including hours and parking. Mayor Mulryan noted that the staff is recommending tha tthe applicant be directed to withdraw the rezoning application, and that the use permit be referred to the Zoning Administrator to permit the haircutting demon- stration use, subject to the conditions of approval as set forth by the Planning Commission. Michael Whyte of 23 Sao Augustine Way addressed the Council, objecting to any commercial activity being permitted adjacent to the private homes in the area, as opposed to the profes- sional administrative zoning which is to act as a buffer between commercial and residential areas. He cited instances where his and his family's privacy has been violated, since his property is higher than Supercuts and the fence provides no privacy. Rev. Doug Huneke then addressed the Council, objecting to the staff recommendation, and stating that the Supercuts salon at 555 Francisco Boulevard would be ideal for their demonstration salon. He also suggested that the shop could be located in the Northgate Mall. Dick Matthews of 339 Devon Drive, board member of the Terra Linda Valley Property Owners Association, stated that he has been working on a memorandum of undertanding regarding uses for the Hartzell School site, and is concerned with this hearing because part of the proposal on which he is working is for a professional administrative building at the rear of the Hartzell property, which would be somewhat adjacent to the building under discussion. There being no further public input, the hearing was closed. Mayor Mulryan stated he agreed with Rev. Huneke regarding the use of the Supercuts shop at 555 Francisco Boulevard. Councilmember Jensen moved and Councilmember Breiner seconded, to deny the request of Supercuts. AYES: COUNCILMEMBERS: Breiner, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Miskimen ABSENT: COUNCILMEMBERS: None (Councilmember Jensen left meeting) 15. MARIN HOUSEWARMING PROJECT - File 180 Warner Chabot of the Marin County Planning Department addressed the Council, describing the Housewarming Project which is a weatherization program being developed in cooperation with the Marin Conservation Corps. Mr. Chabot asked for Council support of the program, and participation in publicizing it; and also a contribution of $2,000 to the $69,000 grant to design promotional literature specific to San Rafael. Councilmember Miskimen moved and Councilmember Breiner seconded, to support the program, and contribute the $2,000 requested. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen Council agreed to discuss, at a later date, various City buildings which might be used for demonstration, such as City Hall, Falkirk, or the "Blue House". 356 12. REPORT ON CULVER CITY CIGARETTE TAX (Fin) - File 9-1 Council reviewed a staff report from City Manager Beyer, indicating that the matter of cigarette tax and charter city revenues vs. State subventions does not apply to the City of San Rafael. The report was as a result of a letter from Culver City asking San Rafael to support their claim that the cigarette tax now being received by the City of Culver City is not a subvention and that the State has no authority to withhold the money. This problem does not appear to affect the City of San Rafael, in that the City did not locally administer a cigarette tax prior to the time that there was a Statewide collection of the cigarette tax. Staff did recommend, however, that the Council consider the question if and when the sales tax is considered as a subvention and the State decides to withold the City's sales tax, or even alter the method by which it is distributed. Council agreed to accept the staff recommendation that the City of Culver City be informed that San Rafael is not affected by the cigarette tax matter, but that if sales tax is ever affected San Rafael will join with Culver City in protesting to the State. 13. SECOND READING AND ADOPTION OF ORDINANCE NO. 1466, AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, CHAPTER 14.13 "OFF-STREET PARKING AND LOADING", SECTIONS 14.13.130(c AND 14.13.140(h) PERTAINING TO FINANCIAL INSTITUTION DRIVE THROUGH LANES AND FAST FOOD - r1 ie iu- The title of the Ordinance was read: "AN ORDINANCE AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, CHAPTER 14.13 "OFF-STREET PARKING AND LOADING", SECTIONS 14.13.130(c) AND 14.13.140(h) PERTAINING TO FINANCIAL INSTITUTION DRIVE THROUGH LANES AND FAST FOOD PARKING STANDARDS" Councilmember Frugoli moved and Councilmember Miskimen seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1466. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 14. REVIEW OF HOURS FOR PARKING STRUCTURE (Fin) - File 140 x SRRA R-195 (Councilmember Jensen returned during discussion) Council reviewed a staff report from Finance Director Coleman, indicating that the new parking structure is being under-utilized, and recommending reducing the hours for attendant parking during weekdays to 9 AM to 6 PM. Hours presently are 8 AM to 7 PM. It was also recommended that parking on Saturdays be free, until mid-November, and re-evaluated at that time. In the meantime, the free parking could be used as promotion for the downtown area by the Chamber of Commerce and Business Improvement District. It was further reported that currently 144 out of a possible 200 parking spaces are being rented on a monthly basis, and, in addition, there are also 20 metered spaces in the garage. Staff is not recommending any changes at this time for permit or metered parking. Councilmember Frugoli remarked that the elevators have not been working, and Public Works Director Bernardi informed the Council that the elevators have not yet been approved for operation, but are being worked on. Mayor Mulryan recommended well-placed signs directing the public to the parking garage, and that publicity be given to the free parking. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve reduction in daily hours for attendant parking, as recommended by staff, free parking on Saturdays until mid- November, and placement of signs to direct the public to the parking structure; also publicity to be given. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. REPORT ON DISPOSITION OF SURPLUS CITY PROPERTIES - EAST SAN RAFAEL (PW) - File 2-10 City Manager Beyer informed the Council that the City has declared surplus two small triangular shaped pieces of City -owned property last December, and authorized staff to seek appraisals as the first step in their disposal. The appraisals have now been completed and, in accordance with Resolution No. 5734 of August 1979, negotiation for the sale of these properties can begin. 357 Staff recommendation originally was to have negotiations with the interested adjacent property owners, Fred Grange and Fairviews Lands (Ghilotti). However, Mr. Grange presented the Council with a letter signed by Mario Ghilotti stating that he is not interested in purchase of these r properties, and does not wish to bid against Fred Grange. Councilmember Jensen moved and Councilmember Miskimen seconded, to authorize staff to negotiate the sale of Parcels A and B with Fred Grange, and report the result of negotiations for con- sideration at a future meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. CITY OF SAN RAFAEL'S RESPONSE TO EIR FOR NOVATO'S REDEVELOPMENT PLAN (RA) - File 219 City Manager Beyer summarized the staff's evaluation of the Novato Redevelopment Plan EIR, with three major concerns as they affect San Rafael - economic, traffic and cumulative impacts. Staff recommendation is that Council direct a response to the draft EIR by requesting the following be included in the final document: 1) An economic analysis of the proposed project which will study the need for the center and if it is determined that the center is a viable economic project what the impacts will be on San Rafael commercial area; 2) Impacts and miti- gation measures on US 101; and 3) Impacts of additional areas within project boundaries which may be developed in the future. Council discussed the shopping center impact on Highway 101, and the effect on not only San Rafael, but other cities in Marin County. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the staff recom- mendation that the City communicate the recommended comments to City of Novato regarding the draft EIR. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Jensen ABSENT: COUNCILMEMBERS: None 18. RESOLUTION AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF SAN MATED RE MOTORCYCLE TRAINING FOR THREE GRANT PEACE OFFICERS PD _- e 4 -1u - Police Chief Ingwersen presented an Indemnity and Hold Harmless Agreement, and Release, in favor of the City of San Mateo, in connection with the 82 -hour motorcycle training course for three grant peace officers. RESOLUTION NO. 6645 - AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF SAN MATEO RE: MOTORCYCLE TRAINING FOR THREE GRANT PEACE OFFICERS (By Chief of Police) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None An.1nIIRNMFNT Mayor Mulryan asked that the Council meeting be adjourned in memory of Bruce Bernhard, who passed away last week, in appreciation for his interest in and betterment of the City of San Rafael. Councilmember Miskimen moved and Councilmember Breiner seconded, that the Council meeting be adjourned in memory of Bruce Bernhard. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CLOSED SESSION 19. Council adjourned to closed session to discuss labor relations and pending litigation. They then reconvened in public and authorized settlement in the amount of $6,000 to Daniel Wolkoff, Claim No. 3-1-790, and $1,195 to Gilbert L. Vessa, Claim No. 3-1-809. 358 Council then adjourned to their next regular meeting to be held on Monday, October 3, 1983. JE . LEONCI I, City Clerk APPROVED THIS 3 —tv-1 DAY OF 0e7qt,_, , 1983 ekOR�OF THE CI�iOAN RA �C *** *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Tuesday, September 27, 1983, at 5:30 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Stewart R. Andrew, Assistant City Attorney CLOSED SESSION TO DISCUSS LABOR NEGOTIATIONS AND PENDING LITIGATION - File 3-3-35 The City Council met in Closed Session to discuss labor negotiations and pending litigation. The Council then reconvened in open session and took the following action: Councilmember Jensen moved and Councilmember Breiner seconded, to authorize settlement of litigation between the City of San Rafael and Metromedia, Inc., dba Foster & Kleiser. AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None The Council then adjourned to their next regular meeting on Monday, October 3, 1983. i X ROBERT BEYEC-Tit Manager APPROVED THIS fir= DAY OF OC4— , 1983 MAYOR OF THE CITY OF S N RRArAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, October 3, 1983, at 8:00 PM. Regular Meeting: Present: John A. Miskimen, Acting Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Robert F. Beyer, City Manager; Regina A. Buchanan, Deputy City Clerk; Edmund A. Duggan, City Attorney Vice -Mayor Jensen stepped down so that Councilmember Miskimen could preside, since he will be retiring from the City Council in November. ORAL COMMUNICATIONS OF AN URGENCY NATURE - File 9-1 David Bean addressed the Council, requesting support of Assembly Joint Resolution (AJR) No. 71 (Fasconcellos), relative to the Pershing II Missile System. Acting Mayor Miskimen stated that Council policy has always been to not take a position on matters of Nationwide significance. Councilmember Breiner then recommended that the matter be held over for a full Council on October 17, and the Council agreed to do so. 359 -T CONSENT CALENDAR Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action 5. Request from Hillhaven Convalescent Hospital Approve closure of West End Ave., for Temporary Street Closure (CM) - File 11-19 directly in front of Hillhaven Hospital, from 10 AM to 4 PM on Sunday, October 9, 1983. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 1. APPROVAL OF MINUTES OF SPECIAL AND REGULAR MEETINGS OF SEPTEMBER 19, 1983, AND SPECIAL MEETING OF SEPTEMBER 27, 1983 CC - File 1-4 Councilmember Breiner requested that the minutes of September 19, 1983, Item 15, page 4, be amended to add to her motion that staff is to notify businesses and the public that there are 56 spaces open and available for monthly rental in the Third and "A" Streets Parking Structure. Councilmember Breiner then moved and Councilmember Frugoli seconded, to approve the minutes of the September 19, 1983 meeting as amended, and to approve the minutes of the Special Meetings of September 19 & 27, 1983. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 2. RESOLUTION AUTHORIZING SETTLEMENT OF LITIGATION BETWEEN THE CITY OF SAN RAFAEL AND METROMEDIA, INC., dba FOSTER AND KLEISER CA - File 3-2-43 x 3-3-35 RESOLTION NO. 6646 - AUTHORIZING SETTLEMENT OF LITIGATION BETWEEN THE CITY OF SAN RAFAEL, AND METROMEDIA, INC., dba FOSTER & KLEISER (Foster & Kleiser to dismiss the pending action with prejudice, provide a complete release to the City of San Rafael and each of the named defendants and relinquish any right to apply for, install, or maintain a billboard of any sort at the location described in their complaint, now and in the future, in exchange for $35,000) AYES: COUNCILMEMBERS: Breiner, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: Mayor Mulryan 3. BID OPENING AND AWARD OF CONTRACT - RETAINING WALL INSTALLATION AT 22 CALA VISTA (PW) - File 4-1-338 Councilmember Breiner questioned the total cost of the project, which was shown in the staff report as $80,000, while the bid to be awarded was only for $64,455. Public Works Director Bernardi responded that there is a contingency reserve of 10% which would account for approximately $7,000, and the balance of the amount would be for soils engineers and for structural engineers to design the retaining wall. RESOLUTION NO. 6647 - RESOLUTION OF AWARD OF CONTRACT (To Valentine Corp., low bidder, for $64,455) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 4. AUTHORIZATION TO SEEK BIDS - REPLASTERING OF TERRA LINDA POOL (PW) - File 4-1-352 Councilmember Breiner questioned the staff request for permission to engage the services of an architect to prepare the necessary technical specifications for replastering the pool. Public Works Director Bernardi explained that the previous replastering was not tight enough and staff felt it was necessary to obtain someone knowledgeable in that field. Councilmember Breiner moved and Councilmember Jensen seconded, to authorize staff to seek competitive bids for replastering of the Terra Linda Recreation Center pool, and to engage the services of knowledgeable people in the field to prepare the necessary technical specifications. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 360 6. PUBLIC HEARING - Z81-10 - REZONING FROM R-2 TO C-1; 111 THIRD STREET; SANTA BROS, OWNERS; JAMES McDONALD & ASSOCIATES, REP.; AP 14-161-07 (Pl) - File 10-3 Acting Mayor Miskimen declared the public hearing opened. There being no public input, the hearing was closed. RESOLUTION NO. 6648 - CERTIFYING A NEGATIVE DECLARATION FOR REZONING OF 111 THIRD STREET (From R-2 (Duplex Residential) District, to C-1 (Restricted Commercial) District) I AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 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 R-2 (Duplex Residential) District to C-1 (Restricted Commercial) District - 111 Third Street, and numbering Charter Ordinance No. 1467, was read, introduced, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 7. PUBLIC HEARING - PROPOSED EXCHANGE OF PROPERTY WITH SAN RAFAEL SANITATION DISTRICT (CM) - File 2-17 Acting Mayor Miskimen declared the public hearing opened. Assistant City Manager Nicolai briefed the Council, indicating that the San Rafael Sanitation District has requested that the City of San Rafael exchange with them two parcels in the vicinity of Bellam Boulevard. The exchange of property would provide access from Bellam Boulevard to the currently land -locked property owned by the Sanitation District. The exchange would also benefit the City since the parcel the City would acquire is adjacent to the six -acre City parcel to the East. There being no public input, the hearing was closed. An Ordinance of the City of San Rafael, Providing for the Exchange and Conveyance of Public Real Property (Vicinity of Bellam Boulevard), and numbering Charter Ordinance No. 1468, was read, introduced, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 8. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL OF TWO NEW DUPLEXES ON TWO CONTIGUOUS "SMALL" LOTS CONTAINING RESIDENCES; 4 AND 6 LAUREL PLACE; NORMAN CHARLES, OWNER; FRED AND DORIS EBERTS, APPELLANTS; AP 1-185-11 & 11-185-12 UP83-49, UP83-50, ED83-60, ED83-6 Pl) - riie lu-5 x lu-i Acting Mayor Miskimen declared the public hearing opened. Planning Director Moore briefed the Council, indicating that the owner of properties at 4 and 6 Laurel Place has requested approval to develop two duplex buildings at the rear of existing residences on each of the lots, with a common driveway providing vehicular access to the new units. Staff concluded that the project meets all zoning ordinance spatial and parking requirements. The owners of an apartment building at 37 Pacheco are appealing the Planning Commission's approval, stating that the location of the two buildings would deprive the rear apartment in their building of light and air, and requesting redesign and relocation of the buildings. Mrs. Doris Eberts, owner of the Pacheco Street property, addressed the Council in this regard, asking their consideration of Alternate Plan B, which would relocate Units 1 and 2, setting them farther back from the fence separating the Laurel Place and Pacheco Street properties. Acting Mayor Miskimen inquired if Norman Charles, owner of the Laurel Place properties, or his representative, were present. Ms. Moore investigated and reported back that Mr. Charles had misunderstood and thought the hearing was to be the next evening. Council agreed to continue the public hearing to the meeting of October 17, 1983, and asked staff meanwhile to work with Mr. Charles to determine whether Plan B could be implemented. 9. STATUS REPORT ON ANDERSEN DRIVE EXTENSION (PW) - File 4-1-333 Public Works Director Bernardi informed the Council that the project is 95% complete, and should be completed by October 31st. 361 Acting Mayor Miskimen reported that the Central Marin Sanitation Agency would like to have the opening of the road delayed, to facilitate the running of the collector line down "old" Andersen Drive. He promised that at the next CMSA meeting he will ask them to formally request the City, by letter to City Manager Beyer, to delay the opening, so that the Council may decide if it is in the best interests of the City to do so. 10. STATUS REPORTS ON: (Pl) - File 13-9 x 10-2 a. Landscaping Implementation for New Recreational Vehicle Development at Gary Place near Highway 101 b. Vacant Lot at Second & "B" Streets Councilmember Breiner inquired about completion of the landscaping at the RV Lot near Highway 101 at Gary Place, and Planning Director Moore indicated that bonds were posted for the land- scaping in June, and staff had met with the owners in August. A letter was recently received from the owners indicating completion of the landscaping in October. Councilmember Frugoli mentioned that the area under the freeway at Gary Place has become littered with junk cars, and staff was asked to contact CalTrans since they own the property. Councilmember Breiner then mentioned the unsightly condition in the vacant lot at the North- east corner of Second and "B" Streets, where dilapidated cars are being left. Planning Director Moore informed the Council that the Code Enforcement Officer has been working on this matter since June, and the owner has been quite cooperative in having vehicles moved off, but other cars are continually being dumped there. The area needs to be fenced off, and this will be taken care of within the next two or three weeks. Councilmember Breiner remarked that the area would accommodate a fair amount of parking if it could be surfaced. Council agreed that if the matter is not taken care of soon it could be declared a public nuisance. 11. INDUSTRIAL DEVELOPMENT BONDS INDUCEMENT RESOLUTION FOR MERVYN'S, NORTHGATE (CM) - File 8-22 Acting Mayor Miskimen stated that the Council should discuss whether the economy has moved forward enough so that the City can dispense with this type of financing. City Manager Beyer introduced Arthur J. Smith, Assistant Treasurer of Dayton -Hudson Corpor- ation. Mervyn's is a wholly-owned subsidiary of Dayton -Hudson. Mr. Smith cited the increased sales tax to be brought to the area, and the 250 to 300 new jobs which will be created. Mr. Smith stated that in answer to the question regarding necessity for continuing industrial development bonds or has the economy improved to an extent where they would not be necessary, Dayton -Hudson does not think the economy has improved that much. He stated that interest rates today for his company in the taxable market are somewhere in the neighborhood of 12 1/2%, and in the tax-free market they are something less than 9%. There has been some improvement in interest rates in the last few years, but rates are nowhere near the way they were in the late 1970's. Therefore, Industrial Revenue bond financing of this particular type significantly enhances the attractiveness of this type of an investment for his company. Dayton -Hudson is requesting $8,000,000 in IDB's. RESOLUTION NO. 6649 - CONCERNING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR MERVYW S DEPARTMENT STORE ($8,000,000) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 12. ADVERTISING SIGNS ON PARKING METERS (P1) - File 11-18 x 125 Councilmember Breiner moved and Councilmember Frugoli seconded, to defer discussion on this item to the October 17th meeting, for a full Council. AYES: COUNCILMEMBERS: Breiner, Frugoli & Jensen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Acting Mayor Miskimen, due to conflict of interest. Mayor Mulryan ADJOURNMENT File 109 Councilmember Jensen recommended adjourning the Council meeting in memory of Elsie Mazzini, long-time president of the Marin Historical Society, who passed away the week before last. The meeting was adjourned in Mrs. Mazzini's memory. CLOSED SESSION The Council met in Closed Session to discuss labor negotiations and pending litigation. They then met in open session and took the following actions: File 7-8-2 362 RESOLUTION NO. 6650 - AMENDING RESOLUTION NO. 6359 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL (Re Memorandum of Understanding) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan File 3-1-597 x 3-1-608 RESOLUTION NO. 6651 - AUTHORIZING SETTLEMENT OF LITIGATION BETWEEN THE CITY OF SAN RAFAEL AND MR. FRANK R. BENADERET AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Acting Mayor Miskimen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan RLUOWA A. BTJ eputy city Clerk APPROVED THIS 71ek DAY OF 1983 JOHN A. MISKIMEN, Acting Mayor *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, October 17, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney ORAL COMMUNICATIONS OF AN URGENCY NATURE: File 12-9 Fred Grange requested permission to repair the levee adjacent to the East San Rafael Drainage Pond. Council asked that he provide a letter for Council consideration at the November 7, 1983 meeting. CONSENT CALENDAR Councilmember Jensen moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 1. Abatement of Public Nuisance - Demolition or Repair of Structure at 225 Picnic Avenue (PW) - File 3-3-39 2. Abatement of Public Nuisance - Slide Condition at 216 Southern Heights Boulevard (PW) - Pilc 1 -1 -an 3. Authorization to Execute State Program Supple- ment No. 5 for Reimbursement of Flood -Incurred Expenses on Francisco Boulevard at Medway Road (PW) - File 4-10-66 x 4-1-343 4. Resolution of Appreciation to San Rafael Volunteer Fire Department (FD) - File 102 x 9-3-31 5. Approval of Expenditure from J. Harold Dollar Memorial Trust Fund (Lib./Cult. Aff.) - Fule 8-19 Recommended Action Set public hearing for November 7, 1983. Set public hearing for November 7, 1983. RESOLUTION NO. 6652 - ADOPTING PROGRAM SUPPLEMENT NO. 5 TO CITY-STATE AGREEMENT NO. 04-5043 FOR FUNDING OF FEDERAL AID PROJECT NO. ER -1127(1) FOR REIMBURSEMENT OF TRAFFIC SIGNAL CONTROLLER ON FRANCISCO BLVD. EAST AT MEDWAY ROAD, SAN RAFAEL, CALIFORNIA. RESOLUTION NO. 6653 - RESOLUTION OF APPRECIATION TO SAN RAFAEL VOLUNTEER FIRE DEPARTMENT (For 102 years of service) Approved expenditure of $500.00 from J. Harold Dollar Trust Fund for purchase of Helen Stanley watercolor of Falkirk, for permanent display at Falkirk. 363 6. Resolution Authorizing Signing of Contract Assignment to Datacom Systems re Out -of - State Parking Citations (Fin) - File 4-3-98 7. Claims for Damages: a. Scott Pill (PW) - File 3-1-814 b. Anton G. Nosek III (PD) - File 3-1-815 RESOLUTION NO. 6654 - AUTHORIZING SIGN- ING OF A CONTRACT, LEASE OR AGREEMENT (W/Datacom Systems Corp. which took over SEICOM Corp.) Approved George Hills Co., Inc. recommendations for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. PRESENTATION OF RESOLUTION OF APPRECIATION TO SAN RAFAEL VOLUNTEER FIRE DEPARTMENT (FD) - File 102 x 9-3-31 Mayor Mulryan presented Resolution of Appreciation No. 6653 to the San Rafael Volunteer Fire Department, to Rusty Ghilotti, representing the volunteers. 11. REPORT ON STOP SIGNS ON FORBES AVENUE (PW) - File 11-28 Council reviewed a staff report indicating that, since the stop signs were installed on a trial basis on Forbes Avenue between Eye and "J" Streets, the area has been monitored for six months as directed by the Council. While the primary purpose of stop signs is to assign the right of way, and not to control speed, the result has been a reduction in the vehicle speeds in the area. The installation of these stop signs to reduce speed has been the goal of the neighbors concerned about this problem. Councilmember Jensen moved and Councilmember Breiner seconded, to retain the stop signs on Forbes Avenue between Eye and "J" Streets on a permanent basis. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. PUBLIC HEARING - VACATION OF 10' PEDESTRIAN WAY AND PUBLIC UTILITIES EASEMENT BETWEEN 516/524 HEATHER WA PW - File 2-12 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed the Council, indicating that the abandonment in question was a condition to approval of a lot line adjustment at 516 Heather Way. The property owner, Gabriel Moore, requested the City vacate the pedestrian way and public utilities easement between his property and that of his neighbor at 524 Heather Way. The proposed lot line adjustment would hinder any future use of the pedestrian way due to the lot configuration, but the pedestrian way has not been occupied by the public for many years and is presently inacces- sible. There being no public input, the hearing was closed. RESOLUTION NO. 6655 - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING 10' WIDE PEDESTRIAN WAY AND PUBLIC UTILITIES EASEMENT, MAP OF LAS COLINDAS UNIT FIVE, SAN RAFAEL, CALIFORNIA (Between 516 and 524 Heather Way) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION APPROVAL OF TWO NEW DUPLEXES ON TWO CON- TIGUOUS 'SMALL' LOTS CONTAINING RESIDENCES; 4 AND 6 LAUREL PLACE; NORMAN CHARLES, OWNER; FRED AND DORIS EBERTS, APPELLANTS; AP 11-185-11 & 11-185-12 UP83-49, UP83-50, ED83-60, -61) (P1) - File 10-5 x 10-7 Mayor Mulryan declared the public hearing opened. Planning Director Moore informed the Council that the background information on the problem had not changed, since the meeting was continued from October 3rd due to the fact that the property owner, Norman Charles, was not present. At that time, the Council had directed staff to work with Mr. Charles to determine if Alternative "B", as described in the staff report of October 3rd, could be implemented. Mr. Charles, it develops, is not willing to accept alternative "B", and is present at the meeting to explain. 364 Norman Charles then addressed the Council, informing them that he tried to change the design, and stating that the buildings are placed as they are so that the living space will be adequate, and that there could not be any minor changes which would rectify the problem. The entire project would have to be redesigned, after many months of work, and after having received approval from the Planning Commission. Mrs. Doris Eberts, the appellant, and owner of the property at 37 Pacheco Street, at the rear of the Laurel Place properties, again asked the Council to consider having the Laurel Place buildings redesigned so that her rear apartment would have more light and air. There being no further public input, the hearing was closed. RESOLUTION NO. 6656 - UPHOLDING THE PLANNING COMMISSION'S CONDITIONAL APPROVAL OF UP83-49, UP83-50, ED83-60 & ED83-61 AND DENYING THE APPEAL (4 & 6 Laurel Place) AYES: COUNCILMEMBERS: Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner & Miskimen ABSENT: COUNCILMEMBERS: None 12. NOTICE OF VIOLATION ON HILLSIDE AVENUE; AP 12-081-32 & 37; STATE OF CALIFORNIA AND MEADOWHILL CORPORATION, OWNERS s81-41 P1 - File 13-14-1 Planning Director Moore briefed the Council on the chronology of events regarding the subject property, commencing in June of 1972, when the Meadowhill Corporation filed an application for a four -lot subdivision of a thirteen -acre lot at the intersection of Hillside Avenue and Ross Valley Drive. In November of 1973, after a number of revisions, Meadowhill filed a new appli- cation for a five -lot subdivision of the same thirteen -acre property, but with four individual building sites and a fifth 8.3 acre public open space parcel. This was approved in February of 1974, and the offer to dedicate the 8.2 acres to the City was noted on the map in the center of the parcel and restated under the notes in the corner of the map. The mention of dedication was dropped from the map, some time in August of 1974. In April of 1980, the applicant applied for a building permit for a single family dwelling on the 8.2 acre parcel, and was advised that the subject parcel was to have been dedicated as open space when the parcel map was recorded. The County assessment rolls were subsequently revised to list the State of California as the owner, due to delinquent taxes and, in October of 1981, due to the change in the ownership status of the parcel, City staff filed a Notice of Intention to File a Notice of Violation. This was done to provide due process notification of the City's potential interest in the property to any prospective purchaser. The Notice set January 12, 1982 as the date for the Planning Commission to consider filing a Notice of Violation, but during the extreme winter storms of January 1982 three landslides originated on the "open space" parcel, and several other slides occurred in the immediate area. The Planning Commission's consideration of the Notice of Violation was continued until the applicant could be present. They later heard the matter in February of 1982. While Council consideration of the matter was delayed at request of the Public Works Department to provide sufficient time for a detailed soils investigation of the site, meanwhile the County Assessor's Office had initiated proceedings to sell the subject property for back taxes. These proceedings were postponed at the request of City staff since the item was still awaiting preparation of a soils report and City Council review. In July of 1983, the Public Works Department had a soils reconnaissance of the site prepared by Don Herzog & Associates, which report identified a dozen potentially hazardous geologic con- ditions on the site but did not detail the required mitigations. In September the City Attorney requested that the County Treasurer/Tax Collector remove the subject property from the pending tax sale, and in October the project was scheduled for Council consideration. The County Treasurer/Tax Collector then notified the City Attorney of his intention to proceed with the tax sale the first week in November 1983. Staff noted that a supplemental soils report was verbally transmitted to City staff, estimating stabilization/mitigation of hazard to off-site properties at $100,000 to $125,000. Full stabilization of all hazards was estimated to cost from $200,000 to $250,000. Council discussed the matter, after which Councilmember Miskimen moved and Councilmember Breiner seconded, to direct that staff explore, with the County, the possibility of purchasing the property with Open Space Funds, for the administrative costs. The County is to be asked for assistance in the use of their Open Space Funds. The City would then correct the unstable slide areas. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 365 13. REPORT ON MERRYDALE ROAD OVERCROSSING (PW) - File 11-16 Public Works Director Bernardi informed the Council that, in compliance with Council direction, he had attempted to contact Mr. William Bagley in Sacramento to request that he discuss the issue of CalTrans giving this project a higher priority. The latest from CalTrans was that they could not accommodate our request to design the structure for at least three years. There has been no written response from Mr. Bagley's office and when staff contacted the office it appears as though he cannot be of assistance to the City in this regard. Mayor Mulryan recommended contacting Assemblyman Filante and Senator Marks, and offered to be of assistance. Mr. Bernardi recommended that the Council authorize staff to seek proposals for the preparation of Plans and Specifications for the Merrydale Overcrossing. Councilmember Breiner moved and Councilmember Miskimen seconded, to authorize staff to seek proposals for the Plans and Specifications. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. STATUS REPORT RE EAST SAN RAFAEL TRAFFIC (Pl) - File 11-13 City Manager Beyer informed the Council that traffic in the area of Bellam Boulevard inter- sections with Highway 17 and Francisco Boulevard East has exceeded the 1981 projections. Staff has concluded that, even with minor traffic improvements, reserve street capacity for short range development through 1986 is not available at the area in question. Traffic Engineer Gerth indicated the problems with the aid of drawings, and stated that staff wants to find out why the discrepancy exists between the 1981 projections and the actual traffic. City Manager Beyer further stated that staff is working with applicants who have projects in the area so staff and the developers will be aware of impacts. Staff is recommending work tasks to be done by staff and DKS Associates, which will identify the problems, and are requesting approval to prepare a formal Scope of Work and letter agreement with DKS Associates for approval on November 7, 1983. Councilmember Breiner stated that one area to be corrected as soon as possible is the right -turn situation from Bellam Boulevard to Francisco Boulevard East, going north. She suggested that possibly prohibiting parking between 4 and 6 PM along that curb might help to alleviate the problem. After further discussion Councilmember Miskimen moved and Councilmember Jensen seconded, to move forward with the work tasks for staff and DKS Associates, as recommended, and that staff prepare a formal Scope of Work and letter agreement with DKS for approval on November 7, 1983. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. ADVERTISING SIGNS ON PARKING METERS (P1) - File 11-18 x 125 (Councilmember Miskimen left meeting, due to conflict of interest) Planning Director Moore informed the Council that proposals were received from Meter Messages, Inc. and Metrometer Systems, Inc., to install advertising on parking meters. This item was continued from the October 3rd meeting, for a full Council to be present. Meter Messages, Inc. markets a 12 to 16 square inch vinyl sticker which is affixed directly to the meter head; Metrometer Systems, Inc. proposes a 9 x 21 inch two-sided metal "shield" which is mounted on the meter pole. Staff researched the policy, legal and financial issues necessary for the Council to reach a decision on the concept, and found that the San Rafael Sign Ordinance would have to be revised and in order to do that findings would have to be made that the purpose and intent of the Sign Ordinance is maintained. Staff concluded that such changes would be damaging to the Sign Ordinance, because the City would be permitting off-site freestanding signs on public property, while prohibiting such on private property. Staff was also concerned about visual clutter which would be added to the streetscape, which would detract from the recent beautification of the downtown area. Staff's recommendation, therefore, was that the Council oppose advertising on parking meters. Council then heard from Joe Harrison, president of Metrometer Systems, Inc., recommending a six-month test period in San Rafael, with 100 meters being tested. He offered the City 30% of gross advertising revenue, on a monthly basis, and estimated that the revenue would be approx- imately $9,000 for the six months. He also stated that the City would have control of the content of the advertising. 366 Council noted that there was considerable opposition to the parking meter advertising, including the San Rafael Business Improvement District (BID), San Rafael Police Department, businesses and private citizens. Councilmembers Jensen and Frugoli expressed the opinion that there should be a trial period. Councilmember Breiner stated she would be reluctant to increase signing in the downtown area. Mayor Mulryan expressed concern about the integrity of the Sign Ordinance being weakened. Councilmember Frugoli moved and Councilmember Jensen seconded, to grant a six-month trial basis after which Council would receive recommendations from staff and the local merchants. AYES: COUNCILMEMBERS: Frugoli & Jensen NOES: COUNCILMEMBERS: Breiner & Mayor Mulryan ABSENT: COUNCILMEMBERS: Miskimen (Due to conflict of interest) Motion failed. 16. SECOND READING AND ADOPTION OF ORDINANCE NO. 1467 - 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 R-2 DUPLEX RESIDENTIAL - riie lu-s 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 R-2 (DUPLEX RESIDENTIAL) DISTRICT TO C-1 (RESTRICTED COMMERCIAL) DISTRICT (111 Third Street)" Councilmember Jensen moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1467. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen 17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1468 - PROVIDING FOR THE EXCHANGE AND CONVEYANCE OF PUBLIC REAL PROPERTY Vicinity of Bellam Blvd. CM -File 2-17 The title of the Ordinance was read: "ORDINANCE PROVIDING FOR THE EXCHANGE AND CONVEYANCE OF PUBLIC REAL PROPERTY (Vicinity of Bellam Boulevard)" Councilmember Frugoli moved and Councilmember Jensen seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1468. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miskimen (Councilmember Miskimen returned) 18. REQUEST FROM CENTRAL MARIN SANITATION AGENCY TO DELAY OPENING OF ANDERSEN DRIVE EXTENSION (PW) - File 4-1-333 Public Works Director Bernardi briefed the Council stating that the Andersen Drive Extension will be completed by October 28th, as anticipated. However, the City received a request from the Central Marin Sanitation Agency (CMSA), asking that the roadway not be opened due to the Agency's contractor installing a large pipeline in Andersen Drive, which should take from mid-October to the end of November. At this point, Joseph Remley, General Manager of CMSA, informed the Council that their request has been modified and asked only that the opening be delayed for two weeks from the scheduled date. Councilmember Jensen moved and Councilmember Breiner seconded, to approve delaying the opening of the Andersen Drive extension to mid-November. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. REQUEST FOR COUNCIL SUPPORT OF AJR 71 RE PERSHING II MISSILE SYSTEM (CM) - File 9-1 This item was introduced under Public Time at the October 3rd meeting by David Bean, asking support for Assembly Joint Resolution No. 71 (Vasoncellos relative to the Pershing II Missile System). Councilmember Breiner had asked that it be discussed by the full Council. 367 Mr. Bean addressed the Council, asking them to endorse the Resolution by a show of support. Councilmember Jensen stated that in his 28 years on the Council, the Council has never taken an official position on a National issue. Two San Rafael residents, Richard Page and Ken Guthrie, urged the Council to support the issue. (Councilmember Jensen left meeting) Councilmember Breiner moved that the Council report that they are behind AJR No. 71, due to be heard in January 1984. The motion died for lack of a second. 20. REPORT RE ALBERT PARK IMPROVEMENTS (CM) - File 12-5 Public Works Director Bernardi informed the Council that Mrs. Dolly Nave has been soliciting donations in the form of labor and materials for the renovation of the Albert Park ballfields. The Albert Park Master Plan adopted in 1978 identified costs of approximately $250,000 (in 1978 dollars) for the ballfields alone. The Master Plan estimated $540,000 for the complete restor- ation of the ballfield and stadium area. Mrs. Nave is requesting that the City participate financially to cover those costs above and beyond what has been donated. She has estimated that cost to be approximately $100,000. In order to determine the precise costs of the various phases of the work, it is necessary to prepare an engineered plan. Mrs. Nave has secured commitments from Gene Carter, who will do all the necessary surveying at no cost, and from Dean Rhodes, who will prepare design drawings at his cost which is estimated at $6,000. Normally, for a project of this magnitude, the engineering fees would be approximately $10,000. Staff is recommending that Council authorize the expenditure of $6,000 for engineering services to prepare precise plans and direct staff to bring this matter back to Council with precise cost estimates and recommendations for additional expenditures. Councilmember Miskimen moved and Councilmember Frugoli seconded, that staff be authorized to proceed as recommended, and that $6,000 be authorized for engineering services, with precise figures to be brought back for Council consideration. AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 21. ABAG HOUSING NEEDS DETERMINATION (P1) - File 111 Planning Director Moore briefed the Council on the projected housing needs by the Association of Bay Area Governments (ABAG), and informed them that the Planning Commission had unanimously adopted a resolution recommending that the City Council accept ABAG's regional housing needs determinations for the San Rafael Planning Area. RESOLUTION NO. 6657 - ACCEPTING ABAG's "HOUSING NEEDS DETERMINATION" FOR THE SAN RAFAEL PLANNING AREA AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen 22. RESOLUTION ADOPTING FY 1983/84 BUDGET (Fin) - File 8-5 RESOLUTION NO. 6658 - ADOPTING THE FINAL BUDGET OF THE CITY OF SAN RAFAEL FOR THE FISCAL YEAR JULY 1, 1983 - JUNE 30, 1984 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET (Total $18,426,000) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jensen CLOSED SESSION 23. CLOSED SESSION TO DISCUSS PENDING LITIGATION AND LABOR NEGOTIATIONS The Council adjourned to Closed Session to discuss pending litigation and labor negotiations, then reconvened in public and agreed to settle Claim No. 3-1-812, Sylvester A. Fickbohm, for $1,281.00. . - JE M. LEONCIN City Clerk APPROVED THIS %C DAY OF 1983 MAYOR OF THE CITY UP SAN TAFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, November 7, 1983, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor DorothyL. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Edmund A. Duggan, City Attorney Mayor Mulryan paid tribute to retiring Councilmembers Jensen and Miskimen, noting that Mr. Jensen had served 28 years and 8 months, and Mr. Miskimen 16 years and 8 months, which gave their contri- butions to the community added value by providing a much-needed continuity, which was largely responsible for the progress which has been made in the City of San Rafael. 1. SPECIAL PRESENTATION TO THE CITY COUNCIL BY THE SAN RAFAEL ELKS CLUB - File 102 x 11-22 No presentation was made, due to the absence of a representative from the Elks Club. ORAL COMMUNICATIONS OF AN URGENCY NATURE PRESENTATION BY MARIN COMMITTEE FOR AFFORDABLE HOUSING - File 102 Terry Murphy and John Wilson-Bugbee of the Marin Committee for Affordable Housing presented the City of San Rafael with a Certificate of Appreciation for invaluable assistance with the projects known as: 626 Del Ganado, Rotary Manor, and San Rafael Commons. They expressed appreciation to the City of San Rafael for its commitment in addressing the problems of pro- viding affordable housing and assisting with solutions to those problems. CONSENT CALENDAR: Councilmember Frugoli moved and Councilmember Jensen seconded, to approve the recommended action on the following consent calendar items: Item 2. Approval of Minutes of Regular Meetings of October 3 and 17, 1983 (CC) 3. Resolutions of Appreciation for: (PD) a. Mary Mick - Retired Records Clerk b. Forrest D. Brandon - Retired Police Officer File 102 4. Authorization to Call for Bids - Construction of Second and Third Floor Access at Falkirk (PW) - File 4-1-355 x 4-3-112 5. Request to Close Library on Saturday, December 24, 1983 (Christmas Eve), and Saturday, December 31, 1983 (New Year's Eve) (Lib./Cult.Aff.) - File 9-3-61 Recommended Action Approved as submitted. RESOLUTION NO. 6659 - APPRECIATION TO MARY JOSEPHINE MICK (Retired after 25 years of service) RESOLUTION NO. 6660 - APPRECIATION TO FORREST DENNISON BRANDON (Retired after 11 years of service Authorized staff to seek competitive bids. RESOLUTION NO. 6665 - AUTHORIZING EXE- CUTION OF AGREEMENT WITH ARCHITECTURAL SERVICES Approved staff recommendation. 7. Resolution Authorizing Mayor to Sign Grant Application for Continuation of the Child Abuse Prevention Puppet Program (PD) - File 4-10-179 8. Report on Bid Opening and Award of Contract - Debris Wall Installation Across from 40 "D" Street (PW) - File 4-1-353 9. Adoption of Resolutions re: Hillside Avenue (CA) - File 13-14-1 x 2-7-1 a. Authorizing Execution of Contract for Acquisition of Real Property b. Authorizing the Expenditure of Funds from Open Space Fund #17 10. Authorization to Call for Bids - Emergency Generator - 400 Canal St. Storm Water Pump Station (PW) - File 4-1-356 12. Status Report re Property at Northeast Corner of Second and "B" Streets (P1) - File 13-9 13. Status Report re Gary Place RV Center (P1) - File 10-2 14. Hazardous Material Response Unit (FD) - File 4-2-184 15. Claims for Damages: (PW) a. Charles & Dorothy Clifford - File 3-1-816 b. Tom Cane - File 3-1-820 c. Rene Oyharcabal - File 3-1-822 16. Application for Leave to Present Late Claim - Anthony J. Palmer, Mary Palmer, John Palmer, Wolfgang Schulz and Helene Schulz (PW) - File 3-1-818 17. Report on Completion of Engineering Studies on Mountain View Avenue (PW) - File 12-9 18. Status Report - Construction of Pickleweed Park Community Center Project (PW) - File 4-1-339 369 RESOLUTION NO. 6661 - TO AUTHORIZE THE MAYOR TO SIGN THE GRANT APPLICATION FOR FUNDS MADE AVAILABLE THROUGH THE JUVENILE JUSTICE AND DELINQUENCY ACT OF 1974 FOR THE CONTINUATION OF THE CHILD ABUSE PREVENTION PUPPET PROGRAM RESOLUTION NO. 6662 - AWARD OF CONTRACT - DEBRIS WALL INSTALLATION ACROSS FROM 40 "D" ST. (To Maggiora & Ghilotti, Low Bidder @ $12,670) RESOLUTION NO. 6663 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE- MENT (W/County of Marin, Board of Supervisors, to purchase tax -deeded land - Hillside Ave.) RESOLUTION NO. 6664 - AUTHORIZING EXPEN- DITURE OF FUNDS FROM OPEN SPACE FUND NO. 17 FOR ACQUISITION AND REPAIR OF SLIDES ON 8.039 ACRES OF UNDEVELOPED REAL PROPERTY WITHIN THE CITY OF SAN RAFAEL (AP 12-081-44 & 12-081-37 - Hillside Ave.) Approved staff recommendation and authorized call for bids, with funds to come from a Community Development Block Grant for the generator and an electrical engineering consultant. Accepted report and authorized staff to initiate nuisance abatement proceedings if lot is not completely clean of debris and fenced to satisfaction of Planning Director by November 15, 1983. Accepted report that Planning Commission will review status on November 15, 1983, and will consider revocation of permits if all required work has not been com- pleted. Approved recommendation that Council authorize Fire Dept. to distribute truck body specifications and accept bids for old fire engine chassis. Approved George Hills Co., Inc. recommendations for denial of claims. Approved George Hills Co., Inc. recommendation for denial of appli- cation for leave to present late claim. Authorized additional engineering work to be done in analyzing the Mountain View Avenue storm drainage system. Accepted report, and authorize in- stallation of fire sprinkler system to be paid from project contingency funds. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 370 The Council commended Mary Mick, upon her retirement, for her many years of service to the City of San Rafael, and noted that her willingness and pleasant personality made her an asset to the City. 6. APPROVAL OF LEASE AGREEMENTS WITH SAN RAFAEL SCHOOL DISTRICT RE CHILD CARE FACILITIES (Rec) - File -7-16/17/20/21 City Manager Beyer informed the Council that there is a change on the lease agreement with Short School, from a six-month termination clause to a ninety -day termination clause. The other schools have a thirty -day termination clause. All of the leases run to June 30, 1986. RESOLUTION NO. 6666 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/San Rafael School District, re Usage of Short, Bahia Vista, Glenwood and Gallinas Elementary Schools for Child Care Programs, from September 1, 1983, ending June 30, 1986) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. REQUEST FOR AUTHORIZATION TO SEEK PROPOSALS FOR SOILS ENGINEERING SERVICES - CITY -OWNED PROPERTY D OF BELLAM BOULEVARD PW - File 4-3-113 Councilmember Breiner stated that she had this item removed from the Consent Calendar for discussion, because she was concerned about the proposed type of housing mentioned by the Marin County Housing Authority, namely two-story wood frame residential structures. Mrs. Breiner expressed the opinion that if any other type of structure should be proposed later, additional investigation should be done, because of seismic safety and related concerns. After discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the staff recommendation and authorize staff to seek proposals for soils engineering services on the City -owned property at the end of Bellam Boulevard. AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF ED82-79 - DESIGN REVIEW OF FIVE STORY ; JOSEPH L. LEMON, APPELLANI; AN lib-JbU-Ub (NI) - rile lu- Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, reporting that the design of the building has been modified, in compliance with Planning Commission directive. The skin of the building was redesigned with extensive architectural detailing. Staff and the Design Review Board concurred with this approach. At the October 11, 1983 Planning Commission meeting, a motion to approve the Wolff-Sesnon- Buttery design failed on a 3-3 vote, thereby resulting in Commission denial of ED82-79. Half of the voting Commissioners determined that the proposed building would be too large and tall for the site, while the other half concluded that the modified design was much improved from the original submittal and would result in an acceptable structure for the prominent site. Staff's recommendation is that the Council adopt a proposed Resolution, upholding the appeal and certifying the Northgate Activity Center EIR, and conditionally approving ED82-79. Council then heard from attorney Joseph Lemon, who reported that the project has been reduced from a ten -story building down to 54,600 square feet, and that the result is a far better building than the one initially proposed. Piero Patri of the architectural firm of Whisler/ Patri indicated he, too, is pleased with the new design, and introduced architect Dave Denton, who gave a detailed description of the enhanced design and landscaping. There being no further public input, the hearing was closed. RESOLUTION NO. 6667 - UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S DENIAL OF ED82-79 (Northgate Drive & Las Gallinas Avenue, 54,000 square foot office building) AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen & Mayor Mulryan NOES: COUNCILMEMBERS: Miskimen ABSENT: COUNCILMEMBERS: None 20. PUBLIC HEARING - ABATEMENT OF PUBLIC NUISANCE - SLIDE CONDITION AT 216 SOUTHERN HEIGHTS BOULEVARD PW - File 3-3-40 Mayor Mulryan declared the public hearing opened. 371 City Attorney Duggan requested that City Clerk Leoncini swear -in Public Works Director Bernardi, due to the nature of the problem in question. Mr. Bernardi was sworn in. Mr. Bernardi then briefed the Council, stating that during the storms of January 1983 a large slide occurred in the rear yard at 216 Southern Heights Boulevard, and that slide material flowed across the lower properties and onto a portion of Picnic Avenue. Staff has been attempting to have the slide corrected by the property owner, and the damage to adjacent properties corrected. However, to date they have been unsuccessful. Attorney Alan Mayer, representing the Ashcrofts, owners of the property in question, presented a letter from Lawrence B. Karp, Consulting Geotechnical Engineer, recommending winterization work be done as soon as possible, while the design drawings for repair of the slide are being prepared. Mr. Mayer informed the Council that Mr. Ashcroft's insurance company, Allstate, has not taken any action to date. Mr. Mayer stated that in view of the action being taken by his client, abatement action would be premature. Mayor Mulryan inquired of Mr. Bernardi regarding the advisability of doing permanent repairs at this time, and Mr. Bernardi responded tht he has not seen plans yet, and could not say. Mayor Mulryan then asked if it is considered necessary to have soils engineering, and Mr. Bernardi responded that it is. Trevor Witson of 47 Roberts Avenue stated that to point up the severity of the damage to his property, it has been taken off the County tax rolls for this year. He urged that nuisance abatement action be taken. Attorney Joseph Lemon informed the Council that he has just been asked by Allstate to handle this matter. There being no further public input the hearing was closed. Public Works Director Bernardi explained that the proposed Resolution provides that abatement proceedings would commence unless permanent repairs have been commenced within 60 days of the owner receiving the Resolution. The Resolution also provides that an extension of time may be granted by the Public Works Department due to inclement weather. RESOLUTION NO. 6668 - ORDERING ABATEMENT OF NUISANCE AT 216 SOUTHERN HEIGHTS BOULEVARD, ASSESSOR'S PARCEL NO. 13-121-01 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. PUBLIC HEARING - ABATEMENT OF PUBLIC NUISANCE - DEMOLITION OR REPAIR OF STRUCTURE AT 225 PICNIC AVENUE PW - File 3-3-39 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi informed the Council that Public Works has received complaints that an abandoned building on the property at 225 Picnic Avenue has become delapidated and has become delapidated and has become a gathering place for vagrants and neighborhood children. The building was further damaged by a small debris landslide sometime during the past two winters. Mr. Bernardi added that last Thursday Fred Grange had taken out a building demolition permit for the structure. Mr. Ashcroft of 216 Southern Heights Boulevard informed the Council that the structure has been demolished. Robert Granzella, whose mother owns the building, informed the Council that at the time the slide occurred at 216 Southern Heights Boulevard his family had intended to repair the house but that they have now demolished it. There being no further input, the public hearing was closed. y �_5 RESOLUTION NO. 6669 - ORDERING ABATEMENT OF NUISANCE AT 225 PICNIC AVENUE, ASSESSOR'S PARCEL NO. 13-101-07 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None M 22. STATUS REPORT ON FORMATION OF PARKING ASSESSMENT DISTRICT FOR EAST FOURTH STREET (CM) - File 6-41 At Councilmember Jensen's suggestion, discussion was deferred until the new Council has been seated. (Councilmember Jensen left meeting) 372 23. STATUS REPORT RE EAST SAN RAFAEL TRAFFIC: (PW) - File 4-3-114 x 11-13 a. Agreement with DKS re Consulting Work b. Discussions with State Representatives Public Works Director Bernardi briefed the Council regarding the proposed contract with DKS for traffic study work necessary to validate the traffic model which predicts future travel in East San Rafael. The work will not exceed $6,000 and will be completed within four weeks. Mr. Bernardi reported that the Planning Department is proceeding with its review of business license changes in the area, which may be responsible for the changes in traffic volumes. RESOLUTION NO. 6670 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH DKS ASSOCIATES FOR TRAFFIC STUDY (East San Rafael) AYES: COUNCILMEMBERS: Breiner, Frugoli, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Jen'Sen (Councilmember Jensen returned) 24. REQUEST BY FRED GRANGE RE LEVEE ADJACENT TO EAST SAN RAFAEL DRAINAGE POND (PW) - File 2-10 City Manager Beyer informed the Council that the appraisal on the two triangular pieces of land adjacent to the East San Rafael drainage pond is $12,000. The appraisal itself cost $1,000. The City has received a request from Fred Grange to provide improvement work in the drainage pond and to the bayfront levee, with the amount of the work equalling the cost of the land. This, in essence, would mean that the City would exchange these properties for services received from Mr. Grange. This might present a problem, because of Charter requirements imposing a $5,000 limit on improvement work. It is not clear whether the City could authorize Mr. Grange to do $13,000 worth of work without going through a formal bidding process. Mr. Beyer further reported that the fill operation of Mr. Grange in connection with his heli- port project has encroached on City property by approximtely 24 feet and that, as a result of placement of the fill, a slope failure has occurred whereby the fill material has moved laterally into the drainage pond. Staff is recommending that the Council authorize negotiating a cash only sale in the amount of the appraised value, plus the cost of the appraisal, and further authorize the Public Works Department to prepare plans and specifications, and advertise for bids for a levee repair project. Councilmember Breiner stated the Council should not even discuss this until Mr. Grange takes care of the encroachment onto City property. Fred Grange then addressed the Council, informing them that the fill in question was done according to standard specifications, where it is overfilled and then cut back. He stated that when they were in the process of cutting back, darkness overtook them and during the night the slope failed. There was a general discussion, during which it was established that during stormy weather the tides do cover the levee, and that its repair is critical. It was also noted that this is the only City -owned levee, the others being private. Council agreed that staff should do whatever surveying and engineering work is necessary to determine the condition of the levee and have it reviewed by the City's soil consultant, Harding Lawson Associates, and that the matter should be placed on the agenda for the special meeting to be held on Tuesday, November 15th, to be discussed before the swearing-in ceremonies. At that time a discussion will be made on action to be taken. 25. STATUS REPORT RE REPAIR OF LEVEES ON SAN PEDRO ROAD (PW) - File 12-9 Public Works Director Bernardi informed the Council that the grouted rock levee adjacent to Point San Pedro Road between Main Drive and Riviera Drive was constructed under the Phase 4 widening of San Pedro Road, and completed in 1973. It has been maintained by the City since that time. Since the levee was built on bay mud, it continues to settle. Originally the elevation was +8.3 (mean seal level datum), and it has settled to +7.5. The highest recorded tide was elevation +6.3. During the January 1982 storms, a portion of the levee was removed to provide drainage for Knight Drive, and the repair was accomplished with funds from FEMA. This levee is a portion of a much larger City-wide levee system. A survey of the City's levee system has been completed by the Corps of Engineers, and studies will soon commence to evaluate the potential for a levee project by the Corps. This study should be completed in about two years. Mrs. Mary Carpou of Peacock Gap Homeowners' Association addressed the Council stating that there is an area of the levee, .2 of a mile in length which should be raised, since it is at grade level at Peacock Gap and during a storm the waves inundate cars on San Pedro Road. 373 Staff was asked to obtain cost figures on raising the levee in the area mentioned by Mrs. Carpou, and bring them to the Council meeting on November 21, 1983. ,..� During the meeting, Supervisor Rober Roumiguiere, who had not arrived in time for the reception in the lobby, addressed Councilmembers Jensen and Miskimen, thanking them and expressing appreciation for their many years of service in the community. The City Council adjourned to their special meeting on November 15, 1983, since the Closed Session was cancelled. JE M. LEONCINI, City Clerk APPROVED THIS -4-' DAY OF , 1983 MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Tuesday, November 15, 1983, at 6:30 PM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Fred E. Jensen, Councilmember John A. Miskimen, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk I REQUEST BY FRED GRANGE RE LEVEE ADJACENT TO EAST SAN RAFAEL DRAINAGE POND (PW) - File 12-9 Mayor Mulryan explained to the audience that this item of business was deferred from the Council meeting of November 7th, for a decision this evening, and that the swearing-in of the successful candidates will follow immediately after this discussion. City Manager Beyer informed the Council that the necessary surveying and engineering work has been done on the levee in question, and that the information has been reviewed by the City's soil consultant, Harding Lawson Associates. The survey information has revealed that a portion of the levee is at elevation +5.6 (mean sea level datum). The highest recorded tide last winter was +6.5 MSL, which means that under normal conditions an average high tide will not overtop this section of levee. However, under the sort of high tidal conditions which occur in December and January, and coupled with winter winds, this portion of the levee would certainly be inundated. The first of a series of high tides is due the week of December 18th and, if there is any wind at this time, the levee will be overtopped, which would mean that more earth would be washed away and eventually result in failure of the levee. Mr. Beyer outlined the suggested procedure, which would be to get at least a couple of quotes from contractors who would do the work based on the specifications for the minimal improvements and, if Mr. Grange is the low bidder, staff would proceed to move forward with him to do the work. If he is not, then staff would ask him if he would put up the $13,000 in cash for the purchase of the two triangular parcels. Mr. Grange has indicated he did not wish to do this. In that case, if the funds were not there to do the work, staff would come back to the Council. Mr. Beyer referred to a proposed resolution before the Council, declaring the situation an emergency and authorizing the informal bidding process. Councilmember Breiner stated her willingness to go along with the staff recommendation, with the addition of words to the effect that the ownership of the two parcels will not pass from the City to Mr. Grange unless and until the pond which has been encroached upon is thoroughly restored to its previous condition. The Council agreed to this approach. RESOLUTION NO. 6671 - DECLARING THE PUBLIC INTEREST REQUIRES DISPENSING WITH THE FORMAL COMPETITIVE BID PROCESS FOR THE REPAIR OF A PORTION OF THE CITY OF SAN RAFAEL'S LEVEE IN THE VICINITY OF THE EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 2 POND AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner stated that her vote was with the understanding that the policy she stated is to be followed. II RESOLUTION DECLARING CANVASS OF RETURNS. ELECTION OF NOVEMBER 8, 1983 (CC) - File 9-4-1 x 9-1 RESOLUTION NO. 6672 - DECLARING CANVASS OF RETURNS AND RESULTS OF GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 8, 1983 374 AYES: COUNCILMEMBERS: Breiner, Frugoli, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None III SWEARING-IN CEREMONIES - File 9-4-1 x 9-1 Mayor Mulryan administered the oath of office to re-elected City Clerk Jeanne M. Leoncini. City Clerk Leoncini then administered the oath of office to re-elected Mayor Lawrence E. Mulryan, and to newly -elected Councilmembers Richard Nave and Jerry Russom; and to newly - elected City Attorney Peter J. Muzio. IV SIGNING OF AFFIRMATION OATH RE CONFIDENTIALITY OF CLOSED SESSIONS (CC) - File 9-1-2 Councilmembers Nave and Russom, and City Attorney Peter Muzio signed Affirmation Oaths regard- ing confidentiality of Closed Sessions. V SWEARING-IN OF SCHOOL BOARD MEMBERS (CC) - File 9-4-1 x 9-2-1 City Clerk Leoncini administered the oath of office to re-elected School Board Members Gladys C. Gilliland, Bruce Scott, and Janie Teitelbaum. VI RESOLUTIONS OF APPRECIATION - File 9-1 x 102 RESOLUTION NO. 6673 - RESOLUTION OF APPRECIATION TO RETIRING COUNCILMEMBER FRED JENSEN AFTER 28 YEARS AND 8 MONTHS OF SERVICE AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLTION NO. 6674 - RESOLUTION OF APPRECIATION TO RETIRING COUNCILMEMBER JOHN A. MISKIMEN AFTER 16 YEARS AND 8 MONTHS OF SERVICE AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The City Council adjourned to a reception at Falkirk Community Cultural Center, hosted by the Chamber of Commerce, for the outgoing Councilmembers, and newly elected City officials and School Board members. - S -4 --n J N E M. NCIiI, City Clerk APPROVED THIS .2-/Aa�_ DAY OF 1983 MAYOR OF THE CITY OF AN RAP' EL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, November 21, 1983, at 8:00 PM. 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 PRESENTATION BY ELKS LODGE - File 11-22 Ed Sabo, Exalted Ruler of Elks Lodge 1108, San Rafael, presented a plaque in appreciation for the City of San Rafael's support of the Diamond Jubilee Elks Parade on September 25, 1983. PRESENTATION BY SAN RAFAEL MERCHANTS ASSOCIATION - File 102 San Rafael merchant Warren Robinson, representing the San Rafael Merchants Association, pre- sented the Council and staff with "San Rafael" shopping bags, which are scheduled to be given free to customers during the year, as a promotion. 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 November 7, and Special Meeting of November 15, 1983 (CC) 2. Resolution of Appreciation - Barbara Morehouse, Retiring November 30, 1983 (PW) - File 102 3. Authorization to go to Bid for Furniture for the Pickleweed Park Community Center (Rec) - File 4-1-339 6. Report on Bid Opening and Award of Contract - Slide Repair at 57 Maple Hill Drive (PW) - File 4-1-354 7. Appeal of Handicapped Access Requirements - 47 Paul Drive (PW) - File 13-1-1 8. Appeal of Handicapped Access Requirements - 1345 Fourth St. (PW) - File 13-1-1 9. Closure of Portion of Fourth Street, between Court and "A" Streets, for Annual Parade of Lights, December 2, 1983 (CM) - File 11-19 10. Consideration of Parking Meter Holiday, Including Third & "A" Parking Structure, December 12-31, 1983 (CM) - File 11-18 375 Recommended Action Approved as submitted. RESOLUTION NO. 6675 - APPRECIATION FOR BARBARA MOREHOUSE (Retiring from Building Inspection Office November 30, 1983) Approved staff recommendation to go to bid. Total expenditure to be approximately $75,000, with $25,000 for kitchen equipment and $50,000 for balance of building. RESOLUTION NO. 6676 - AWARD OF CONTRACT (To Piombo Engineering Contractors, low bidders, @ $8,680) Set public hearing for Monday, December 5, 1983. Set public hearing for Monday, December 5, 1983. Approved request from Chamber of Commerce for closure of Fourth St. between Court & "A" Streets, from 7:00 PM to 9:00 PM on December 2, 1983. Approved parking meter holiday for all one and two hour meters and first two hours of parking in the Third & "A" parking structure for December 12 through 31st. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT WITH COUNTY HOUSING AUTHORITY FOR "CENTERTOWN" Pl - File 10-2 City Manager Beyer asked that this item, and the one following, be continued to the December 5th meeting. The two items are related. Council concurred. 5. APPROVAL OF SUBDIVISION FINAL MAP - "CENTERTOWN" CONDOMINIUM (PW) - File 5-1-286 x 10-2 Continued to December 5th meeting. 11. PUBLIC HEARING - Z83-15 - ZONING ORDINANCE AMENDMENT TO SECOND DWELLING UNIT ORDINANCE (Pl) - File 10-13 x 115 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, indicating that staff has experienced difficulties with the portion of the Second Dwelling Unit Ordinance pertaining to use permit procedure for allowing second units in detached structures, because zoning setbacks for detached assessory structures are different from those for main residential buildings. Accordingly, the proposed zoning text change would eliminate any ambiguity in interpretation of the zoning ordinance, and establish five-foot side and rear setbacks for second unit conversions in pre-existing detached structures. A fifteen -foot height limit for converted accessory structures would also be maintained. There being no public input, the hearing was closed. RESOLUTION NO. 6677 - CERTIFYING A NEGATIVE DECLARATION FOR A ZONING ORDINANCE AMENDMENT (Z83-15) TO THE SECOND DWELLING UNIT ORDINANCE AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 376 The title of the Ordinance was read: Charter Ordinance No. 1469 "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.16.025(a) CLARIFYING AND REVISING SIDE AND REAR SETBACK REQUIREMENTS AND HEIGHT LIMITS FOR CONVERSION OF DETACHED STRUCTURES (EXISTING AT THE TIME OF SECOND DWELLING UNIT ORDINANCE ENACTMENT) TO SECOND UNITS" Councilmember Frugoli moved and Councilmember Russom seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only for the first reading, and pass Ordinance to print. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PUBLIC HEARING - Z83-12 - ZONING ORDINANCE TEXT AMENDMENT TO "COIN OPERATED AMUSEMENT DEVICE CENTERS SECTION 14.64.010(e), FOR EXTENSION OF HOURS OF OPERATION P1 - File 206 Mayor Mulryan declared the public hearing opened. Planning Director Moore informed the Council that the proposed Zoning Ordinance text amendment would permit Coin Operated Amusement Device Centers to remain open until 11 PM with use permit approval on a case-by-case basis. Also, the Planning Commission conditionally approved a use permit amendment for the San Rafael Entertainment Center to permit an 11 PM closing time, on a four-month trial basis. There being no public input, the hearing was closed. RESOLUTION NO. 6678 - CERTIFYING A NEGATIVE DECLARATION FOR A TEXT AMENDMENT TO THE COIN OPERATED AMUSEMENT DEVICE CENTER ORDINANCE AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: Charter Ordinance No. 1470 "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, CHAPTER 14.64 "COIN OPERATED AMUSEMENT DEVICE CENTERS", SECTION 14.64.010(e) IN ORDER TO REVISE THE EXISTING HOURS OF OPERATION" Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only for the first reading, and pass Ordinance to print. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING - Z82-16 - "BAYVIEW BUSINESS PARK" GENERAL OFFICE AND LIGHT INDUSTRIAL DEVELOP- MENT ON A PORTION OF 26 ACRES; FROM: U & P -D DISTRICT; FRANCISCO BLVD., SOUTH OF PELICAN WAY; HORST HANF & WILLIAM POESCHL, OWNERS; 0. ROBERT HOLM, REP.; AP 9-290-31 P1 - File .10 - Mayor Mulryan declared the public hearing opened. Planning Director Moore informed the Council that the Planning Commission is recommending certification of a Negative Declaration and adoption of a zone change to a Planned Development District. Additionally, the Planning Commission conditionally approved use permit and con- ceptual design review applications for a master site plan involving construction of 11 office and light industrial buildings totalling 245,000 square feet on 18 acres of the 26 -acre site. Ms. Moore pointed out that this project plays a key role in the implementation of the East San Rafael Wetlands Mitigation Plan, and that denial or delay of this plan could jeopardize or threaten expected 1984 implementation of the Mitigation Plan and formation of an assessment district needed for the Plan and public improvements in the Kerner Boulevard/Pelican Way area. One condition intended is that the traffic mitigation fees would be calculated on a building - by -building basis and the actual fees would be established at the time of design review approvals. It was felt that determining fees in this manner would allow for future changes in the fee schedule should there be a change in the cost or the amount of transportation improve- ments needed to maintain Level of Service D. Councilmembers discussed the advisability of open-ended mitigation fees, and were not in favor of that concept. Staff was asked to attempt to determine through CalTrans exactly what their plans are for the traffic improvements, including a time -table on their improvements, as well as the cost. 377 Council asked that staff bring back a full report on all projects being planned for that area, in order to help the Council evaluate the situation. __. Attorney Albert Bianchi, representing the developers, Messrs. Hanf and Poeschl, informed the Council that he and his clients object to Condition (o) 6), which states that, given the project is phased, approvals for individual phases/buildings shall require a finding which specifies that Level of Service D standards can be maintained at the Bellam intersections at the time of occupancy of that particular phase/building. Mr. Bianchi stated he feels that the language of that condition imposes a moratorium, and would result in the project being a gamble. Councilmember Frugoli inquired if the remaining conditions would be acceptable if Condition (o) 6) is deleted, and Mr. Bianchi replied in the affirmative. There being no further public input, the hearing was closed. The hearing was continued to the meeting of December 5th, at which time staff will present a full report on projects being planned for the area, and at that time Condition (o) 6) will be more fully discussed and decided upon. 14. STATUS REPORT ON NOVATO REDEVELOPMENT PLAN EIR (Pl) - File 219 City Manager Beyer briefed the Council on the matter, stating that staff has evaluated the responses from the City of Novato on written comments on the Draft EIR, and have found that San Rafael's concerns have not been adequately addressed, on the subjects of Economic Impacts, Traffic, and Cumulative Impacts. Staff's recommendation is to forward the City's comments on the inadequacies of the Novato Redevelopment Plan EIR to the City of Novato. Councilmember Nave expressed the opinion that this would be counter-productive, since Novato is smaller and working with another school of thought. Mayor Mulryan stated that he does not think it is wrong to point out our concerns. Council - member Frugoli added that he feels that the use of virgin land for redevelopment is wrong, and City Attorney Muzio informed the Council that use of this type of land is now legal. Councilmember Frugoli moved and Councilmember Breiner seconded, to forward the City of San Rafael's concerns to the City of Novato. AYES: COUNCILMEMBERS: Breiner, Frugoli, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Nave ABSENT: COUNCILMEMBERS: None 15. RECOMMENDATION RE SHELL STATION AT SECOND STREET AND LINCOLN AVENUE (CM) - File 2-8-12 Council reviewed a staff report from Redevelopment Program Manager Ours, outlining the history of this lease, and giving the Council four options for consideration: 1) Long-term lease to Shell or some other user; 2) Sale of the property at fair market value; 3) Use for parking in connection with the proposed transportation center; and 4) Interim use, such as a year-to-year lease with Shell, or some other user if a suitable agreement cannot be reached with Shell. After discussion Councilmember Breiner moved and Councilmember Frugoli seconded, to approve a lease with Shell Oil Co. for not more than three years, subject to cancellation by either party on one year's notice. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. STATUS REPORT ON FORMATION OF PARKING ASSESSMENT DISTRICT FOR EAST FOURTH STREET (CM) - File 6-41 City Manager Beyer informed the Council that a number of conditions were included in the petition regarding the formation of an assessment district, some of which are in direct conflict with existing Council policy and, therefore, should be decided by the Council prior to any action on the petition. The questions to be considered are: 1) Does the Council want to create another parking district, one which would serve the specific area proposed?; 2) Does the Council want to add 285 parking meters on the streets so designated?; 3) Assuming meters are installed, should parking meter revenues be used to offset the costs of acquisition, con- struction, and maintenance of the parking facility?; and 4) Should the City provide meter enforcement at no cost to the assessment district or a parking district, if it is formed? Mr. Beyer's recommendations on those questions were that if installed as proposed, the revenues be used to offset the a revenue from the existing 110 meters not be included nor th boundaries of the district be altered accordingly; that the from parking meter revenues and not from the City's General the above recommendations, appropriate modifications should petition and that it be re -circulated prior to formation of the additional parking meters are ssessment district cost; that the meters themselves, and that the cost of meter enforcement be paid Fund; and that, if the City adopts be directed to be made in the the assessment district. 378 Attorney David Hellman, representing the people who advanced the $45,000 and signed the peti- tion for a Special Assessment District, stated that the group is concerned that the City's recommendations would result in the City doing nothing in the way of contributions. He cited that in other parking districts the proper owners have not had to put up any money. Mr. Hellman stated that the Assessment District would bear the maintenance costs, but that they want the revenue from the meters, with the City bearing the cost of meter enforcement. Councilmember Breiner stated she would prefer a one-time contribution, rather than the pro- jected $22,000 per year, and the Council agreed this was a possibility. It was decided to direct staff to work up figures and have them ready for the December 5th meeting so Council could review them and make a decision. 17. STATUS REPORT RE REPAIR OF LEVEES ON SAN PEDRO ROAD (PW) - File 12-9 Public Works Director Bernardi informed the Council that staff had investigated the condition of the levee constructed under the Phase IV widening of San Pedro Road as directed, covering the area from Main Drive to Riviera Drive. Mr. Bernardi stated that a recent survey revealed that the average height of the levee is approximately +7.5 (Mean Sea Level Datum), and that two locations on this levee are as low as +6.7 MSL. The highest recorded tides were elevation +6.5 MSL, occurring last December and January during the storms. The levee has settled approxi- mately one foot, since it was originally constructed to elevation +8.5. In order to raise the levee back to the original elevations the cost would be approximately $75,000. During the course of the investigation, staff also discovered voids or areas within the existing levee which have been hollowed out by wave action. The $75,000 estimate includes the repair of the voids. On questioning about an alternative repair project, Mr. Bernardi informed the Council that for under $5,000 the formal bid process could be avoided, with minimal work, to raise the levee to +7.5 MSL. Councilmember Frugoli moved and Councilmember Breiner seconded, to direct staff to bring the part of the levee in question up to +7.5 MSL, at a cost of under $5,000. Under question, Robert Bridwell of 15 Lagoon Road addressed the Council, stressing the need for repairing the undercut in order to preserve that portion of San Pedro Road. He stressed that with the eastern portion of San Pedro Road closed by the slide, Peacock Gap would be cut off if that portion of the road failed. He urged the Council to approve the $75,000 project, which would bring the levee up to +8.5 MSL. Councilmember Breiner agreed that it would be wise to spend the $75,000 and raise the levee to +8.5 MSL. Councilmember Frugoli withdrew his motion, and Councilmember Breiner withdrew her second. Councilmember Russom then moved, and Councilmember Breiner seconded, to authorize expenditure of approximately $75,000 to bring the levee up to its original elevation of +8.5 MSL, and repair the voids. AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli ABSENT: COUNCILMEMBERS: None 18. RESOLUTION APPROVING TERMS OF TRUST INDENTURE AND LOAN AGREEMENT, AND AUTHORIZING ISSUANCE SALE AND DELIVERY OF CITY OF SAN RAFAEL COMMERCIAL REVENUE BONDS(MER VYN S PROJECT) CM - e u - Attorney Robert P. Feyer of Orrick, Herrington & Sutcliffe, explained the process for issuance of Industrial Development Bonds for Mervyn's Department Store in Northgate, and called atten- tion to the Indenture of Trust and Loan Agreement covering the issuance of $8,000,000 in the bonds. RESOLUTION NO. 6679 - APPROVING THE TERMS OF A TRUST INDENTURE AND A LOAN AGREEMENT AND AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL'S COMMERCIAL REVENUE BONDS (MERVYN'S PROJECT) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. STATUS REPORT ON IMPLEMENTATION OF STORM -RELATED PREPAREDNESS SUBMITTED TO COUNCIL FEBRUARY 1, 1982 CM --File 205 Council reviewed a report from Assistant City Manager Nicolai, outlining implementation of storm -related preparedness, covering the City's EOC Location in the Council Chambers, and the Communications, Emergency Power, Equipment, Pump Stations and Drainage System, and Support Services/Training. 379 Councilmember Breiner inquired about the backup telephone system, and City Manager Beyer assured the Council that a great volume of calls could be handled under the present setup, since the newly -installed telephone system has eliminated the problem of a jammed PBX system. 20. REPORT ON PT. SAN PEDRO ROAD SLIDE REPAIR (PW) - File 4-13-66 x 4-1-349 Council reviewed a staff report from Public Works Director Bernardi, outlining the history and sequence of events regarding this slide, and stating that right-of-way has been secured and the plans have been technically approved by all agencies. The only problem remaining is the question of funding for the City's portion. Staff is aware that Congress has appropriated additional emergency funds but specific allocations have not yet been made. The staff report called attention to a letter from Supervisor Roumiguiere requesting that the City advance interim funds so the project can go out to bid; but when staff reviewed this with representa- tives of the Federal Highway Administration they indicated that if the City of San Rafael decided to fund the project, chances were very great that we would not receive emergency funds, and thus no reimbursement for the work. Council agreed to direct staff to respond to Supervisor Roumiguiere's letter, and indicate the reasons why it would not be appropriate for the City to advance funds at this time. 21. PROPOSED CALTRANS PARK AND RIDE LOT ON STATE-OWNED LAND UNDER HIGHWAY 101 AT ANDERSEN DRIVE AND GARY PLACE PW - File 171 Public Works Director Bernardi informed the Council that CalTrans has requested comments from the City regarding construction of a Park and Ride facility adjacent to Gary Place and under the freeway structure. Staff has evaluated the proposal and has some serious reservations regarding the potential impacts associated with such a project. Due to the already congested traffic situation in the area, if this facility is constructed there will be additional peak hour trips which would add to the already -existing congestion. In addition, bus routes would have to be modified, adding to the problem. Also, there has been an attempt by a local business to lease the area for parking for the existing concern. Staff feels the area would be better served by providing off-street parking for local businesses, and requested permission from Council to advise CalTrans accordingly. Council agreed, without motion, to direct staff to relay that information to CalTrans. 22. REQUEST FOR INDUSTRIAL DEVELOPMENT BONDS (IDB) FINANCING - PHOENIX LEASING (CM) - File 8-22 City Manager Beyer informed the Council that Phoenix American, Inc., is requesting financing for $5,000,000 in Industrial Development Bonds for a period not to exceed 25 years. The project consists of office space on Francisco Boulevard. Mr. Beyer recommended that the City Council deny the application for an inducement resolution for IDB financing for this firm, on the basis that it is an office building, with no retail sales directly generated from the project. This would be consistent with the Council's action regarding the 1401 Los Gamos Road office building project. Council agreed, without motion, to deny the application of the Phoenix Leasing firm. 23. DISCUSSION OF CITY COUNCIL APPOINTMENTS (CC) - File 9-1 Council agreed to discuss City Council appointments to boards, committees and commissions at the December 5th meeting. Meanwhile, staff was asked to prepare a brief listing of the various boards, committees and commissions, showing where and when they meet, and outlining their functions. Councilmember Russom recommended naming the Vice -Mayor at this meeting, and Mayor Mulryan stated that traditionally the Vice -Mayor was the senior Councilmember. Mayor Mulryan then moved, and Councilmember Frugoli seconded, to name Councilmember Dorothy L. Breiner as Vice -Mayor. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ME The City Council adjourned to their next regular meeting on Monday, December 5, 1983. APPROVED THIS *** *** *** *** VNNE M. LEONCIN , City Clerk ,5—=t DAY OF 1983 'MAYOR OF THE CITY OF SAN RAFA L In the Council Chambers of the City of San Rafael, Monday, December 5, 1983, at 8:00 PM. 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 PUBLIC TIME File 10-1 Dwight Winther of Dan Coleman Associates addressed the Council, requesting action on the planning documents relating to the Civic Center North development, owned by the First National State Bank of New Jersey. After discussion Councilmember Frugoli moved and Councilmember Breiner seconded, to authorize staff to review the planning documents relating to the Civic Center North project and, if they feel the documents are in order, the Mayor will be authorized to sign them after polling the Council. RESOLUTION NO. 6680 - AUTHORIZING THE SIGNING OF AN OPTION AGREEMENT AND DECLARATION OF RESTRICTION WITH FIRST NATIONAL STATE BANK OF NEW JERSEY (CIVIC CENTER NORTH) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CONSENT CALENDAR: Councilmember Frugoli moved and Councilmember Nave seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meeting of November 21, 1983 (CC) 2. Resolution of Appreciation - Regina Buchanan, Retiring December 15, 1983 (CC) - File 102 3. Resolution of Appreciation - Joan Castrillon, Retiring December 29, 1983 (P1) - File 102 4. Extension of Time - Northgate East Improvements (PW) - File 5-1-220 5. Appeal of Handicapped Access Requirements - 209 Third St. (Sam's Restaurant) (PW) - File 13-1-1 6. Acceptance of Grant of Additional Street Right -of -Way - 980 Del Presidio Blvd. (PW) - File 2-2 Recommended Action Approved as submitted. RESOLUTION NO. 6681 - RESOLUTION OF APPRECIATION - Regina Buchanan, Retiring December 15, 1983, after 20 years' service (City Clerk's Office) RESOLUTION NO. 6682 - RESOLUTION OF APPRECIATION - Joan Castrillon, Retiring December 29, 1983, after 24 years' service (Planning Dept.) RESOLUTION NO. 6683 - EXTENDING TIME FOR COMPLETION OF IMPROVEMENTS, NORTHGATE EAST DEVELOPMENT, PHASE 3 (To and including December 3, 1984) Set public hearing for Monday, December 19, 1983. RESOLUTION NO. 6684 - ACCEPTING CON- VEYANCE OF STREET RIGHT-OF-WAY, DEL PRESIDIO BOULEVARD AND LAS GALLINAS AVENUE, SAN RAFAEL, CALIF. (from Exxon Corporation) 7. Report on Bid Opening and Award of Contract - Robert Dollar Drive Slide Repair Project (PW) - File 4-1-357 8. East San Rafael Wetlands Mitigation, Plan Status Report (Pl) - File 140 x R-201 10. Resolution Authorizing Execution of the Renewal of Contract with R. L. Kautz & Co. for Workers' Compensation (Pers) - File 7-1-31 11. Approval of Renewal of Building Lease with First Congregational Church of San Rafael to Conduct Preschool Program (Rec) - File 2-9-15 12. Authorization to Call for Bids - Pump Station Modifications, Vicinity of 555 Francisco Blvd. East, Project No. 19-1998957 (PW) - File 4-1-359 13. Reappointment of John Govi to Marin/Sonoma Mosquito Abatement District Board (CC) - File 9-2-9 14. Adoption of Memorandum of Understanding between City of San Rafael and Police Officers' Association (CM) - File 7-8-3 15. Adoption of Memorandum of Understanding between City of San Rafael and Marin Association of Public Employees, Local 949 (CM) - File 7-8-1 16. Adoption of Resolution re Management and Mid - Management Salaries and Benefits (CM) - File 7-3 381 RESOLUTION NO. 6685 - AWARD OF CON- TRACT - ROBERT DOLLAR DRIVE SLIDE REPAIR PROJECT NO. 19-1998952 (To M.J.M. Engineering Contractors, low bidders, $13,837.50) RESOLUTION NO. 6686 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/San Francisco Foundation for a $100,000 East San Rafael Wetlands Mitigation Plan Capital Grant) RESOLUTION NO. 6687 - AUTHORIZING THE RENEWAL OF A CONTRACT WITH R. L. KAUTZ & CO. FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION (Through November 30, 1984 - $120.00 per reported claim). RESOLUTION NO. 6688 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/First Congregational Church of San Rafael to Conduct Preschool Program (Pooh Corner), November 1, 1983 thru October 31, 1985) Authorized Call for Bids - funds from Revenue Sharing, approximately $15,000. Approved reappointment, two-year term expiring December 31, 1985. RESOLUTION NO. 6689 - AMENDING RESO- LUTION NOS. 6415, 6078 AND 5929 PER- TAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PER- SONNEL (Retroactive to July 1, 1983, two-year 9% total compensation package) RESOLUTION NO. 6690 - AMENDING RESO- LUTION NOS. 6360 AND 6454 PERTAINING TO THE COMPENSATION AND WORKING CON- DITIONS FOR MISCELLANEOUS PERSONNEL (Retroactive to July 1, 1983 two-year 9% total compensation package) RESOLUTION NO. 6691 - AMENDING RESO- LUTION NO. 6455 PERTAINING TO THE COM- PENSATION FOR MANAGEMENT AND MID - MANAGEMENT EMPLOYEES (Retroactive to July 1, 1983, two-year 9% total com- pensation package) 17. Claim for Damages - Sanford and Susan Shapiro Approved George Hills Co., Inc recom- (Rec) - File 3-1-826 mendation for denial of claim. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. 1982/83 AUDIT (Fin) - File 8-1 Mayor Mulryan suggested that a briefing be held before the next annual audit is presented, to familiarize the Council with the various facets, and that this be done by a representative of Sleezer & Eckhoff, the auditors. Ted Israel, auditor for Sleezer & Eckhoff assured the Council that his firm would be happy to do so. Mr. Israel gave the Council a brief summary of the 1982/83 audit. Councilmember Breiner moved and Councilmember Frugoli seconded, to accept the 1982/83 audit. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 382 18. PUBLIC HEARING - Z82-16 - "BAYVIEW BUSINESS PARK" GENERAL OFFICE AND LIGHT INDUSTRIAL DEVELOP- MENT ON A PORTION F 26 ACRES; FROM U& PCM TO P -D DISTRICT; FRANCISCO BLVD., SOUTH F PELICAN WAY; HORST HANF & WILLIAM POESCHL, OWNERS; 0. ROBERT HOLM, REP.; AP 9-290-31 P1 - File 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council, indicating that staff has compiled additional information about traffic and development in East San Rafael in order to assist the Council in evaluating the proposed Negative Declaration and Planning Development zoning for the Bayview Business Park project. The report covers prior transportation planning for East San Rafael; ongoing and future development in East San Rafael; interim and long-range transportation improvements; the 1981 traffic model; Bayview Business Park traffic impacts, as well as traffic impacts from other pending projects; traffic mitigation fees, and options for Council con- sideration. Traffic Engineer Gerth discussed the report in detail, after which Ms. Moore mentioned the staff recommendations: 1) That the Council endorse Bayview Business Park to fund interim improvements at the Bellam Interchange and to pay fees toward long range transportation im- provements; and 2) That Council direct staff to prepare an appropriate Resolution and Ordinance for adoption at the next Council meeting. Councilmember Frugoli remarked that it is Sonoma County traffic which stops Highway 101 and keeps the Bellam Boulevard traffic from getting onto the highway. Attorney Albert Bianchi, representing Bayview Business Park developers, briefed the Council on the history of this project, and stated that the project can be put up to a maximum of $350,000 in mitigation fees, to be paid as permits are issued, with a payback provision if that entire amount is not required. Mr. Bianchi further stated that Condition (o) 6) is not satisfactory and he would like to see it eliminated in its entirety. Councilmember Nave stated that he does not think Condition (o) 6) is valid, since the City does not know exactly what the mitigation fees should be and cannot justify any particular fee. He felt that the project should be passed on its merits, as long as Level of Service D is main- tained. There being no further public input, the hearing was closed. After discussion Councilmember Frugoli moved and Councilmember Nave seconded, to accept the mitigation fee of $350,000 and omit Condition (o) 6). The motion was amended by Councilmember Frugoli, and concurred in by Councilmember Nave, to accept the $350,000 offer, and to change Condition (o) 6) to say that the project is phased and located in a traffic sensitive area, and the City Council will take all reasonable steps and use all reasonable resources to see that the project will not result, at the time of occupancy, in Service Level below D, at the critical Bellam Boulevard intersections. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None After discussion Councilmember Breiner moved and Councilmember Nave seconded, to approve staff preparing an RFP for consulting services regarding needed traffic improvements. 19. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 47 PAUL DRIVE (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed the Council, indicating that the appellant, the Housing Authority of the County of Marin, has been issued a building permit to install a computer room and correct existing deficiencies within its offices at 47 Paul Drive, at an estimated cost of $25,000. Access requirements would require remodeling of a toilet room to provide for handi- capped access at an estimated cost of $5,000. Corridors leading to the room would require modification, also, to provide adequate width for the passage of an employee or member of the public in a wheelchair. Mr. Bernardi informed the Council that Vernon Cox of the Marin Center for Independent Living has visited the site and feels that these improvements are warranted and the appeal should be denied. There being no public input, the hearing was closed. Councilmember Frugoli moved and Councilmember Breiner seconded that the City Council, sitting as the Board of Appeals, deny the appeal on the basis that the modifications would not repre- sent an unreasonable hardship and should be installed. The Board of Appeals further directed that staff prepare an appropriate Resolution with findings and bring it back for adoption at the next meeting. 383 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Mulryan pointed out that a representative of the Housing Authority was present at the hearing, and did not give input. 20. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 1345 FOURTH STREET (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi informed the Council that Jeff Brusati is proposing to remodel his sporting goods store at 1345 Fourth Street. The work consists of installing a new ceiling, relocating a partition wall, and installing new fixtures. The estimate for the project is $15,000. Access requirements would result in construction of a new accessible toilet room at a minimum cost of $8,000. Vernon Cox of the Marin Center for Independent Living has reviewed this project and feels that an accessible toilet room is not warranted at this time. There being no public input, the hearing was closed. Councilmember Frugoli moved and Councilmember Russom seconded, that the City Council, sitting as the Board of Appeals, uphold the appeal on the basis that in this case a handicapped accessible toilet room would represent an unreasonable hardship. The Board of Appeals further directed that staff prepare an appropriate Resolution with findings and bring it back for adoption at the next meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Frugoli left meeting) 21. CONTRACT WITH AEGIS TRANSPORTATION SYSTEMS FOR "CRIS" PROJECT (PW) - File 4-10-180 x 9-3-40 Public Works Director Bernardi recommended that the Council adopt a Resolution authorizing execution of an Agreement with AEGIS Transportation Systems, Inc., for consultant services to develop a Computerized Rider Information System (CRIS). This agreement is contingent upon receipt of a minimum of $9,580 from the San Francisco Foundation or a corresponding reduction in the contract scope of work. Staff also requested authority to apply to the San Francisco Foundation for additional funds. Councilmember Breiner moved and Councilmember Nave seconded, to adopt the Resolution author- izing signing of the Agreement with AEGIS Transportation Systems, Inc., and authorize staff to apply to the San Francisco Foundation for additional funds. RESOLUTION NO. 6692 - AUTHORIZING THE SIGNING OF AN AGREEMENT (W/AEGIS Transportation Systems, Inc., re "CRIS" Project") AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 22. STATUS REPORT ON FORMATION OF PARKING ASSESSMENT DISTRICT FOR EAST FOURTH STREET (CM) - File 6-41 (Councilmember Frugoli returned) City Manager Beyer briefed the Council on developments, and informed them that in discussing the possibility of a $100,000 contribution from Redevelopment funds toward this parking program he had discussed with David Hellman the impact this would have on the financing. Mr. Hellman indicated that he felt it could possibly reduce the size of the assessment by $125,000, but they would still need the money from the parking meters, as originally proposed, to make the project work, assuming that the property owners were picking up approximately 50% of the assessment district costs, with the remainder of funds to pay off the bonds coming from the parking meters. Mr. Beyer then offered four recommendations: 1) That the Agency contribute $100,000 toward the cost of this project, thus reducing the total cost of the assessment by that amount; 2) That the parking meter revenue from the 40 on-site meters, as well as an additional 52 meters in the immediate vicinity within the assessment district boundaries, be used to help amortize said bonds, which would generate approximately $16,100 annually assuming $175 per year from each meter; 3) That the City treat this parking area similar to that of the downtown parking dis- trict and be responsible for the maintenance of the facility as well as the meter collection - assuming that the district would pick up the initial $50,000 cost for meter enforcement equip- ment, but thereafter the City would pay the ongoing costs; and 4) That no additional meters would be installed in relation to this project other than the 52 previously mentioned, and that if it is determined to be desirable at a later date to install additional meters the meter revenue would go into the City's general fund. 440, g Attorney David Hellman, representing the individuals who contributed the $45,000 down payment, stated that leaving the assessment district with revenue from only the 92 meters would be very difficult. After further discussion, and a recommendation from Councilmember Frugoli that consideration should be given to two-hour parking meters on the corners and ten-hour meters on side streets, staff was asked by the Council to bring back a plan to the next meeting for the parking meter deployment. 23. STATUS REPORT RE REPAIR OF LEVEES ON SAN PEDRO ROAD (PW) - File 12-9 Public Works Director Bernardi informed the Council that this project, if completed through the normal bidding process, would not be finished until mid-March. He pointed out that the process could be significantly shortened if the Council chooses to declare this work to be an emergency and adopts a Resolution with appropriate findings. In that case there would be sealed bids, and the work should take approximately three weeks. Councilmember Nave moved and Councilmember Breiner seconded to declare this an emergency situation, and authorize informal bids. Staff is to work out the funding for the project. An appropriate Resolution is to be presented for adoption at the next Council meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. REPORT ON INFORMAL BIDS FOR EMERGENCY LEVEE REPAIR - EAST SAN RAFAEL (PW) - File 12-9 Public Works Director Bernardi reported that four emergency informal bids were received with regard to repair of the levee in question, and staff became aware that the low bidder, Fred Grange, is not licensed to perform this work. He is a licensed contractor, but his class designation does not include grading work. The next lowest bidder is Maggiora & Ghilotti, Inc., at $19,850, and the staff recommendation is that the Council reject the emergency informal bid from Grange Debris Box and Wrecking Co., Inc., and direct staff to have Maggiora & Ghilotti, Inc., proceed with the emergency repair work, to be funded from Revenue Sharing sources. Mr. Bernardi further advised the Council that, as indicated in previous reports, if Mr. Grange was the successful low bidder he would have completed the levee repair work in lieu of the cash purchase of two triangular parcels adjacent to his proposed heliport site. Since he has been disqualified as the low bidder, the issue of work performed in lieu of cash is no longer valid, and staff has been attempting to contact Mr. Grange to determine if he still wishes to purchase the small City -owned parcels from $13,000 cash. Councilmember Frugoli stated that Mr. Grange has indicated he will buy the property from the City. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the staff recom- mendation that Grange Debris Box & Wrecking Co., Inc. bid be rejected and that Maggiora & Ghilotti, Inc., proceed with the emergency repair work, from Revenue Sharing funds. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. RESOLUTION AUTHORIZING EXECUTION OF JOINT POWERS AGREEMENT WITH COUNTY HOUSING AUTHORITY FOR "CENTERTOWN" P1 -File 4-13-67 x 10-2 Planning Director Moore informed the Council that immediately prior to the last Council meeting the County Housing Authority has asked that the City further define the lottery qualifications for potential below market rate home buyers to include guidelines on assets on home ownership. Therefore, the item was put over to this meeting. Exhibit "B" to the Joint Powers Agreement has been revised to add two more provisions, which are recommended by the County Housing Authority. They are: No applicant may own another home, and assets may not exceed 100% of the purchase price of the unit. RESOLUTION NO. 6693 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Joint Powers Agreement between the City of San Rafael, Housing Authority of the County of Marin, and U.F. Service Corporation) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. RESOLUTION APPROVING SUBDIVISION FINAL MAP - "CENTERTOWN" CONDOMINIUM (PW) - File 5-1-286 x 10-2 RESOLUTION NO. 6694 - APPROVING FINAL MAP OF CONDOMINIUM SUBDIVISION ENTITLED "CENTERTOWN, AN AIR -SPACE CONDOMINIUM" AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Frugoli (Due to potential conflict of interest) 385 27. SECOND READING AND ADOPTION OF ORDINANCE NO. 1469 - AMENDING TITLE 14, ZONING, OF THE SAN The title of the Ordinance was read: "AN ORDINANCE AMENDING TITLE 14, ZONING, OF THE SAN RAFAEL MUNICIPAL CODE, SECTION 14.16.025(a) CLARIFYING AND REVISING SIDE AND REAR SETBACK REQUIREMENTS AND HEIGHT LIMITS FOR CONVERSION OF DETACHED STRUCTURES (EXISTING AT THE TIME OF SECOND DWELLING UNIT ORDINANCE ENACTMENT) TO SECOND UNITS" Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1469. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 28. SECOND READING AND ADOPTION - ORDINANCE NO. 1470 - AMENDING TITLE 14, ZONING OF THE SAN RAFAEL The title of the Ordinance was read: "AN ORDINANCE AMENDING TITLE 14, ZONING OF THE SAN RAFAEL MUNICIPAL CODE, CHAPTER 14.64 "COIN OPERATED AMUSEMENT DEVICE CENTERS", SECTION 14.64.010(e) IN ORDER TO REVISE THE EXISTING HOURS OF OPERATION" Councilmember Breiner moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1470. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 29. DISCUSSION OF CITY COUNCIL APPOINTMENTS (CM) - File 9-1 Council discussed the various boards, commissions and other bodies on which they serve. Councilmember Nave moved and Councilmember Breiner seconded, that Councilmember Frugoli be appointed to the San Rafael Sanitation District Board to replace retired Councilmember Miskimen. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None It was agreed that Councilmember Breiner would serve as an alternate. Other appointments were: Vice -Chairman, Redevelopment Agency: Councilmember Russom City/School Liaison Committee: Councilmembers Nave & Russom, Alternate Mayor Mulryan League of California Cities, Redwood Empire Division: Councilmember Russom, Alternate Mayor Mulryan City Representative to Association of Bay Area Governments: Mayor Mulryan County Priority Setting Committee: Councilmember Breiner Development Review Committee, Redevelopment Agency: Chairman Mulryan and Member Breiner, Alternate Member Russom Countywide Plan Advisory Committee: Councilmember Breiner Liaison, Mobile Home Park Advisory Committee: Councilmember Russom Liaison, Canal Community Project Board of Directors: Councilmember Frugoli Countywide Emergency Planning Committee: Councilmember Frugoli, Alternate Councilmember Nave Highway 101 Corridor Study Committee: Councilmember Frugoli Northwestern Pacific Railroad Right -of -Way Task Force: Mayor Mulryan, Alternate Councilmember Nave 30. LAS GALLINAS VALLEY SANITARY DISTRICT ANNEXATION (P1) - File 5-2-87 Planning Director Moore informed the Council that the Las Gallinas Valley Sanitary District has filed an application with the Marin County Local Agency Formation Commission (LAFCo) to annex into the District approximately 385 Acres of land which are part of the District's water reclamation project. The property, which was formerly owned by St. Vincent's, is located east of the Northwestern Pacific Railroad right-of-way, within the North San Rafael Policy Plan area, and the City has been asked to comment on the proposed annexation since the property is within the City's Sphere of Influence. Staff's recommendation to the Council is that they authorize staff to recommend to LAFCo that the Las Gallinas Valley Sanitary District annexation be concurrent with annexation to the City of San Rafael. Mr. Seslucchi, who stated that he is not an official representative of the whole District Board, opposed annexation, stating that they are in the middle of a project whereby they will be raising fodder on 85 acres, fed by effluent, and there will be no need for City services since County services are adequate. Councilmember Breiner moved and Councilmember Nave seconded, to recommend to LAFCo that the Las Gallinas Valley Sanitary District annexation be concurrent with annexation to the City of San Rafael. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 31. SET DATE FOR COUNCIL WORKSHOP RE CAPITAL IMPROVEMENT PROGRAM (CM) - File 8-5 Council set Wednesday, January 18, 1984, at 7:30 P.M. for a workshop on the Capital Improvement Program. 32. ORDINANCE PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL (CM) - File 9-1 x 7-3 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading of Ordinance No. 1471 in its entirety and refer to it by title only for the first reading and pass the Ordinance to print. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None There being no Closed Session, the Council adjourned to a special meeting with department heads, to be held on Monday, December 12, 1983, at 6:30 P.M. at Dominic's Harbor Restaurant. Fila A-1-1 h. S�4� �-- E M. LEONCINI, City Clerk APPROVED THIS 'SA DAY OF 1984 'MAYOR OF THE CITY OF SAN RAF-KEL *** *** *** *** *** *** *** *** Dinner Meeting with department heads at Dominic's Harbor Restaurant in the City of San Rafael, Monday, December 12, 1983, at 6:30 P.M. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard P. Nave, Councilmember Jerry Russom, Councilmember Absent: None 387 Others Present: Robert F. Beyer, City Manager/Deputy City Clerk Peter J. Muzio, City Attorney Pamela Nicolai, Assistant City Manager David M. Bernardi, Public Works Director Henry W. Ingwersen, Police Chief Anne Moore, Planning Director Ransom Coleman, Finance Director Vaughn Stratford, Library Director Stewart R. Andrew, Assistant City Attorney Donald Streeper, Acting Recreation Director Absent: Jeanne M. Leoncini, City Clerk 1. BID OPENING AND AWARD OF CONTRACT - FALKIRK PHASE THREE RENOVATION (PW) - File 4-1-355 City Manager indicated that the City has been awarded a $20,000.00 historic preservation grant which will match local funds and be used for construction of second and third floor access and kitchen renovation at Falkirk. To receive this grant, however, construction must begin by January 1, 1984. Public Works Director Bernardi recommended that a Resolution awarding the contract for Falkirk Phase Three Restoration - Falkirk Community Cultural Center, for the base bid and Alternates 2 and 4, to Joseph E. Redmond, Inc., in the amount of $53,550.00, be adopted. RESOLUTION NO. 6695 - RESOLUTION OF AWARD OF CONTRACT (To Joseph E. Redmond, Inc., low bidder, @ $53,550.00). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2. CONSIDERATION OF STATUS OF CITY PROJECTS AND PRIORITIES (CM) - File 9-1 Department heads basically summarized some of their top priorities for the coming quarter and some of the many issues they will be facing between now and the next fiscal year. The informal meeting gave the Council the opportunity to ask questions of department heads on issues that were important to them. Council felt that the meeting between the department heads was very beneficial and that meetings should be held on a regular basis. The City Council adjourned to their next regular meeting on Monday, December 19, 1983. City Clerk B Y : ROBERT F. BEYE �,DE Y CITY CLERK APPROVED THIS d DAY OF 1984 9 7' MAYOR OF THE C I�YOSAN��Z,6�L *** *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Monday, December 19, 1983, at 8:00 AM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard P. Nave, Councilmember Jerry Russom, Councilmember Absent: None Also Present: Robert F. Beyer, City Manager; Peter J. Muzio, City Attorney; Jeanne M. Leoncini, City Clerk CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AMENDING CHAPTER 3.18 OF THE SAN RAFAEL UNIFORMMUNICIPAL CODE REGARDING THE CITY'S SALES AND USE TAX AS ADMINISTERED BY THE STA7E BOARD OF EQUALIZATI N Fin. - File 8-10 City Manager Beyer briefed Council concerning necessity for urgency ordinance, which is necessary because under the provisions of the Bradley -Burns Sales and Use Tax laws, the operators of all commercial waterborne vessels are exempted from having to pay sales and use taxes on any tangible personal property they may acquire within the City of San Rafael's limits for use outside of the City (while at sea). This exemption ends on January 1, 1984. If this ordinance is not passed by January 1, 1984, the City could face a legal challenge which would possibly prevent the State from collecting the City sales tax for one quarter which could amount to $1.6 million. Even though the legislature had attempted to extend the exemption to 1994, and the Governor vetoed the bill, it is probable that another bill will be introduced next year which would extend the exemption for two years. Though the exemption may be extended at a later date, it does not pre- clude the City from having to take action at this time to repeal the exemption. The Urgency Sales Tax Ordinance, requiring a 4/5 vote, contains alternate provisions so that in the event the exemption is re-enacted by the State, the City's ordinance will remain in compliance with State law and not have to be re-amended. The title of the Ordinance was read: Charter Ordinance No. 1472 "AN URGENCY ORDINANCE AMENDING CHAPTER 3.18 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING THE CITY'S UNIFORM SALES AND USE TAX AS ADMINISTERED BY THE STATE BOARD OF EQUALIZATION." Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the reading of Urgency Ordinance No. 1472 in its entirety and refer to it by title only and to adopt said Urgency Ordinance. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None There being no further business, the Council adjourned to the next regular meeting. E M. LEONCIN , City Clerk j APPROVED THIS 3 DAY OF 1984 YOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, December 19, 1983, at 8:00 PM. Regular Meeting: Present: None Absent: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Others Present: Jeanne M. Leoncini, City Clerk Inasmuch as none of the Councilmembers were present, the City Clerk adjourned the meeting to the next regular meeting to be held January 3, 1984, due to a lack of quorum. J&XnE M. LEONCIN , City Clerk APPROVED THIS r—`� DAY OF , 1984 MAYOR OF -T-HE CITY OF 'AN R1kFAEL *** *** *** *** *** *** *** *** 389 In the Council Chambers of the City of San Rafael, Tuesday, January 3, 1984, 7:45 P.M. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman Dorothy L. Breiner, Councilmember/Agency Member Gary R. Frugoli, Councilmember/Agency Member Richard P. Nave, Councilmember/Agency Member Jerry Russom, Councilmember/Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Stewart R. Andrew, Assistant City Attorney/Assistant Agency Attorney RE: JOINT PUBLIC HEARING FOR APPROVAL OF DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN MCPHAIL'S INCORPORATED, AND THE REDEVELOPMENT AGENCY, RE SALE OF PROPERTY - 1.039 ACRES ON WEST FRANCISCO BOULEVARD TRAT --File R-227 x 140 REDEVELOPMENT AGENCY 1. Resolution Approving a Negative Declaration Covering the Proposed Project 2. Resolution Determining Agency has Complied with Section 33433 of the California Health & Safety Code and Approving Disposition and Development Agreement Chairman Mulryan declared the public hearing opened. Executive Director Robert F. Beyer stated that at the previous meeting, concern had been expressed regarding the price of the property which covers 1.039 acres of Agency -owned land on West Francisco Boulevard adjacent to McPhail's present holdings. The price is $8.00 per square foot (an increase of twenty cents a foot over the price offer), or $362,192. Member Frugoli felt the interest rate of 9% was low and that 11% would be more appropriate; but Member Nave stated that in his opinion 10 1/2% interest would be fair and would not place pressure on the applicant. Lynn Sedway, Consultant, speaking for McPhail's Incorporated, mentioned that McPhail's has agreed to pay $8.00 per square foot, which is market price. She stated that McPhail's also stands ready to pay the 10 1/2% interest rate. Steve Wisenbaker, architect for the project, presented a scale model and explained its design, stating that it is simple and cost effective, in addition to being a quality solution to what is a mundane project. The arcades all around the property will help control the signing program. Also, the roof contour has been designed in such a way that it will have angles breaking the usual monotony of such buildings. The roof will be metal. In reply to Member Breiner's question about its finish, Mr. Wisenbaker said that it will probably be painted. As to the landscaping, it is organic throughout the parking lot, with trees which will front Francisco Boulevard. Member Russom inquired about a space across the lot, and Mr. Wisenbaker said that it will be landscaped but that the developer may wish to use that space to extend the parking area at,a later date. He also pointed out that the visual impact will be greatly improved when the present tall gravel bin is replaced by this shopping center which will be set low. Mrs. Lynn Sedway referred to the fiscal benefits it is felt this project will bring to the City. The Center will generate an approximate amount of $36,000 per year in property taxes and at least $74,000 in annual sales taxes. Member Russom asked whether retailers had shown interest in locating in the area and Mrs. Sedway replied that McPhail's Appliances would be a significant draw to the area. There may be an auto parts store, some home furnishings, etc. Mr. Ray Hoffman, developer for the project, called attention to two large photos of the present area and the projected development, stressing the contrast between the gravel bin and the new attractive project. He stated that McPhail's has operated in San Rafael for almost 100 years and is a very financially sound company. There being no further public discussion, Chairman Mulryan closed the Redevelopment Agency portion of the public hearing. Member Nave moved and Member Breiner seconded, to adopt a Resolution certifying a Negative Declaration for a Disposition and Development Agreement with McPhail's Incorporated. RESOLUTION NO. 84-1 - AUTHORIZING NEGATIVE DECLARATION FOR DISPOSITION AND DEVELOPMENT AGREEMENT WITH McPHAIL'S INCORPORATED (AP 13-051-07) AYES: MEMBERS: Breiner, Frugoli, Nave, Russom & Chairman Mulryan NOES: MEMBERS: None ABSENT: MEMBERS: None 390 A discussion followed with Member Russom stating that he has no objection to the 10 1/2% interest rate; however, some rationale should be stipulated. Member Frugoli moved and Member Nave seconded, to adopt Resolution determining Agency has complied with Section 33433, and approving Disposition and Development Agreement, with the stipulation that the interest rate be revised from 9% to 10 1/2%. RESOLUTION NO. 84-2 - DETERMINING AGENCY HAS COMPLIED WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE AND APPROVING DISPOSITION AND DEVELOPMENT AGREEMENT WITH McPHAIL'S INCORPORATED (AP 13-051-07) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY COUNCIL 3. Resolution Determining Agency Compliance with Section 33433 of the California Health & Safety Code Regarding Sale to McPhail's Incorporated Mayor Mulryan declared the City Council portion of the public hearing opened. With no com- ments from the public, the hearing was closed. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve Resolution deter- mining Agency compliance with Section 33433 of the California Health & Safety Code regarding sale to McPhail's Incorporated. RESOLUTION NO. 6696 - DETERMINING AGENCY COMPLIANCE WITH SECTION 33433 OF THE CALIFORNIA HEALTH & SAFETY CODE REGARDING SALE TO McPHAIL'S INCORPORATED AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None City Clerk/Agency Secretary APPROVED THIS 16 to DAY OF 1984 --# 4 .� ;t : LAWRENCE E. MULRYAN, Mayor/Agency Chairman *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Tuesday, January 3, 1984, at 8:00 PM. 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; Stewart R. Andrew, Assistant City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR: Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meetings of December 5 & 19, 1983, and Special Meetings of December 12 & 19, 1983 (CC) 2. Statements of Disclosure: (CC) File 9-4-2 x 9-4-3 a. Councilmembers Richard Nave and Jerry Russom b. City Attorney Peter J. Muzio Recommended Action Approved as submitted. Accepted report as submitted. 3. Authorization to Call for Bids to Furnish Air Bubbler Control System Equipment for Storm Water Pump Stations (PW) - File 4-1-360 4. Resolution of Findings in Appeal of Handi- capped Access Requirements - 47 Paul Drive (PW) - File 13-1-1 S. Resolution of Findings in Appeal of Handi- capped Access Requirements - 1345 Fourth Street (PW) - File 13-1-1 6. Appeal of Handicapped Access Requirements - 227 Third Street (PW) - File 13-1-1 7. Acceptance of Audit Cooperative Library (Lib./Cult. Aff.) - Report for North Bay System for FY 1982/83 File 4-10-83 8. Grant Award from San Francisco Foundation for Countywide Planning Study of Library Services (Lib./Cult. Aff.) a. Resolution Authorizing Execution of Joint Powers Agreement for Administration of Project - File 4-13-68 b. Resolution Authorizing Acceptance of Grant Award from San Francisco Foundation - File 4-13-68 c. Resolution Authorizing Execution of Professional Services Agreement with J. Matthews and Associates, Inc., Con- sultant - File 4-3-115 9. Renewal of Workers' Compensation Insurance (Fin) - File 9-6-3 11. Acceptance of Grant Award from San Francisco Foundation Re Agreement for Neighborhood 30 Plan - File 218 12. Hazardous Material Unit: (FD) a. Award of Bid for Hazardous Material Unit Body b. Equipment for Hazardous Material Unit File 4-2-184 13. Expiration of Police Advisory Commission Appointments (CC) - File 9-2-28 391 Approved staff recommendation to call for bids for Project No. 19-1998955. The total funds budgeted from Revenue Sharing are $20,000. RESOLUTION NO. 6697 - AUTHORIZING THE CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) TO DENY THE APPEAL REQUESTING RELIEF FROM STATE ACCESS REQUIREMENTS - 47 Paul Drive RESOLUTION NO. 6698 - AUTHORIZING THE CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) TO GRANT THE APPEAL FROM STATE ACCESS REQUIREMENTS - 1345 Fourth Street Set public hearing for January 16, 1984. Accepted report as submitted. RESOLUTION NO. 6699 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE- MENT (Joint Powers Agreement re Library Services Planning Study) RESOLUTION NO. 6700 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE- MENT (Agreement Accepting S.F. Founda- tion Grant Award for Library Services Planning Study) RESOLUTION NO. 6701 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREE- MENT (Agreement for Professional Services with J. Matthews and Asso- ciates for Library Planning Study) RESOLUTION NO. 6702 - AWARDING WORKERS' COMPENSATION INSURANCE FOR THE YEAR 1984 (To Centaur Insurance Company - For One Year, Commencing 12/8/83 at the Rate of 11.13 Cents Per $100 of Payroll) RESOLUTION NO. 6703 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE SAN FRANCISCO FOUNDATION (For a $42,000 Grant to Help Prepare a Plan for the East San Rafael Neighborhood) Approved staff recommendation to reject the high bid and accept low bid from Mobile Hydraulics Equipment of Union City, CA, in the amount of $4,660.82. Authorized Fire Department to dis- tribute list of specialized equipment to various vendors and accept bids - funds for purchase to come from signatory agencies to JPA. Set interviews for Monday, January 16, 1984 at Special Meeting. 392 14. Award of Informal Bid for Repair of Levees on San Pedro Road (PW) - File 4-1-361 x 12-9 15. Claims for Damage: (PW) a. Anthony G. Ghisi - File 3-1-830 b. James Martens - File 3-1-831 c. Lisa Kampmeyer - File 3-1-832 16. Adoption of Resolution for 1984/85 Five Year Federal Aid Urban (FAU) Program (PW) - File 11-15-1 17. Adoption of 1984/85 Marin County Transpor- tation Improvement Program (PW) - File 221 18. Award of Contract for Emergency Generator - 400 Canal Street Storm Water Pump Station (PW) - File 4-1-356 19. Request for Authorization to Sign Agreement for Soils Engineering Services - City -Owned Property near Bellam Blvd. (PW) - File 4-3-113 20. Award of Contract and Acceptance of Drainage Easements - Storm Drain Replacement at Redding Way between DuBois Street and Meadow Avenue (PW) - File 4-1-358 x 2-4 21. Appeal of Handicapped Access Requirements - 11 "G" Street (Monks Inn) (PW) - File 13-1-1 22. Z81-24 & TS80-4 - Irwin Street Thirteen Unit Residential Development; Irwin Street Opposite Hazel Court; Bill Howard & Jim Hutson, Owners; Robert Martin, Appellant; AP 13-271-29 (P1) - File 5-1-287 x 10-3 a. Certification of Final EIR b. Adoption of Zone Change c. Appeal of Planning Commission Condition of Approval for Tentative Subdivision RESOLUTION NO. 6704 - DECLARING THE PUBLIC INTEREST REQUIRES DISPENSING WITH FORMAL COMPETITIVE BID PROCESS FOR REPAIR OF A PORTION OF CITY OF SAN RAFAEL'S LEVEE ON SAN PEDRO ROAD (And Affirming Staff Action of Awarding Emergency Informal Bid to MJM Engineer- ing Contractors for $92,194) Approved George Hills Co., Inc. recommendations for denial of claims. RESOLUTION NO. 6705 - APPROVING A FIVE- YEAR FEDERAL AID URBAN PROGRAM COM- MENCING FISCAL YEAR 1984/85 RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE RESOLUTION NO. 6706 - APPROVING THE 1984/85 TO 1989/90 MAJOR NON -INTERSTATE PROJECTS IN MARIN COUNTY AS RECOMMENDED BY THE MARIN COUNTY URBAN SYSTEM COMMITTEE RESOLUTION NO. 6707 - RESOLUTION OF AWARD OF CONTRACT (To Community Electric, Inc., in the amount of $62,885) Approved staff recommendation to accept proposal from Donald Herzog & Associates, Inc., for lump sum price of $13,500 and authorized City Manager to execute Service Agreement for the investigation and study. RESOLUTION NO. 6708 - AWARDING CONTRACT FOR STORM DRAIN REPLACEMENT AT REDDING WAY BETWEEN DUBOIS STREET AND MEADOW AVENUE (To Ghilotti Bros., Inc., in the Amount of $30,970) RESOLUTION NO. 6709 - ACCEPTING GRANT OF STORM SEWER EASEMENT FROM MARY KARIS - 159 DuBois Street RESOLUTION NO. 6710 - ACCEPTING GRANT OF STORM SEWER EASEMENT FROM FRANCIS H. VIGIL - 151 DuBois Street Set public hearing for January 16, 1984. Set public hearing for January 16, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 393 10. RENEWAL OF LIABILITY INSURANCE FOR 1984 (Fin) - File 9-6-1 Mayor Mulryan asked for clarification of whether figure of approximately $600.00 reduction in overall insurance premiums for the year is accurate, and Finance Director Coleman stated the figure is correct. RESOLUTION NO. 6711 - AWARDING LIABILITY, AUTOMOBILE AND PROPERTY INSURANCE FOR THE YEAR 1984 (In the Amount of $57,054 to Marsh & McLennan) Liability Insurance to St. Paul Insurance Company and Twin Cities Fire Insurance Company; Automobile Insurance to Allianze Underwriters Company; Property Insurance to Zurich American Insurance Company (Effective January 4, 1984) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. STATUS REPORT ON CANAL POLLUTION (PW) - File 13-12 Mayor Mulryan asked staff if testing is currently being done, and Public Works Director Bernardi replied that at this point they are not testing due to the rains, but that smoke testing will be started in the spring, using City forces. Council accepted report, without motion. 24. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 209 THIRD STREET (SAM'S RESTAURANT) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed the Council indicating that Mr. Gottlieb, owner of Sam's Restaurant, has been required by the Department of Environmental Health of Marin County, in order to comply with State regulations, to correct code violations which would include pro- viding accessible toilet rooms to the handicapped. Mr. Gottlieb previously had applied for a building permit to remodel the restrooms at the cost of approximately $15,000 to $20,000. There are alternatives for doing this work, such as moving a wall out, but the cost would add between $15,000 and $20,000 to the above cost, which represents a financial hardship. There- fore, it is recommended that the Council grant the waiver in this case. Mayor Mulryan inquired if there has been a precedent, and a short discussion ensued with Mr. Bernardi to see what alternatives were available. Mr. Gottlieb spoke, reiterating what Mr. Bernardi had said. With no further comments from the public, the hearing was closed. Councilmember Breiner moved and Councilmember Nave seconded, that the City Council, sitting as the Board of Appeals, uphold the appeal and direct staff to prepare an appropriate resolution and bring it back for consideration and approval at the next meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. PUBLIC HEARING - APPROVAL OF AMENDMENT TO SANITARY SERVICE AGREEMENT FOR INCREASE IN GARBAGE RATES Fin - File 4-3-32 Finance Director Ransom Coleman briefed the Council indicating that in the past it has been customary to review requests for rate increases on a yearly basis. This year, there is an opportunity to consider a two-year agreement because Marin Sanitary has a multi-year labor contract and the economy is stable. Marin Sanitary Service originally requested a 4.2% in- crease, but after a review of their financial position by Mr. Sesto Lucchi of P.U.C. and Mr. Donald Steeger, it was their recommendation that the rate increase be set at 3% effective January 1, 1984, and 3.6% effective January 1, 1985. Both Mr. Lucchi and Mr. Steeger agree that this is a reasonable rate increase. There are still some small differences to be worked out. Councilmember Breiner referred to the letter of December 2, 1983 from Mr. Steeger, Public Utilities Consultant, to Mr. Coleman and asked for clarification of the "elements of the estimated results of operation". Mr. Coleman replied that it referred to the amount of working capital. Councilmember Russom asked if the differences are based upon the criteria theory of rate. Mr. Coleman said yes - 11% which is the standard stated at P.U.C. Mr. Albert Bianchi, attorney for Marin Sanitary Service, stated that the other four juris- dictions (Las Gallinas, Ross, Larkspur, and Sanitary District #1) have each approved the same proposal, at least for the first year. The rate of return of 11% is on the low scale. 394 Councilmember Breiner referred to Page 2 of the report and the fact that it is not known at this time whether or not inflation will change this year or next year. Councilmember Nave agreed. With no further comments from the public the hearing was closed. Councilmember Frugoli moved and Councilmember Nave seconded, to adopt a resolution author- izing execution of Thirteenth Amendment to Agreement with Marin Sanitary Service, increasing garbage rates by 3% in 1984 and 3.6% in 1985, with a change in Paragraph 3 on Page 2 of the Agreement to read, "If the Bay Area All Urban Consumer Price Index (October 1983 to October 1984) exceeds 5%, then the Finance Director is authorized to return to Council to seek approval to increase the rates for 1985." RESOLUTION NO. 6712 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Thirteenth Amendment to Agreement w/Marin Sanitary Service, Two Year Agreement, Effective January 1, 1984, as Amended) (Rate Increases of 3% for 1984 and 3.6% in 1985) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. CONSIDERATION OF RESOLUTION URGING THE ESTABLISHMENT OF A REASONABLE SYSTEM OF FEES AND TUITION FOR THE COMMUNITY COLLEGES CM - File 9-10-2 At the request of Mayor Mulryan, the Council considered a resolution urging Governor Deukmajian and Assembly Speaker Brown to restore funding to community colleges. RESOLUTION NO. 6713 - RESOLUTION URGING THE ESTABLISHMENT OF A REASONABLE SYSTEM OF FEES AND TUITION FOR THE COMMUNITY COLLEGES AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 27. CONSIDERATION OF EMERGENCY ACTION TO AUTHORIZE ACQUISITION OF EMERGENCY GENERATOR FOR ROSSI i - ripe 4 -Z -1b5 At the request of Councilmember Breiner, the above item was agendized for Council consider- ation to purchase an emergency generator for the Rossi Pump Station. Public Works Director Bernardi explained that consideration has been given to purchasing an emergency generator at the cost of $250,000 to be located adjacent to the Rossi Pump Station on East Francisco Boulevard, which helps drain the West Francisco Boulevard and Bret Harte areas. There are difficulties in finding a location for the generator because of the necessity to place wires across the highway, which CalTrans might not allow, also because of the possible widening of 101, the unknown impact of future decisions re the storm drain Master Plan, etc. A portable unit might offer a solution, however, a truck would be required to move the generator from pump to pump. Councilmember Nave inquired about the cost of $250,000, and Mr. Bernardi said that there are four critical pumps in the area. All four could be taken care of for that price, or maybe $300,000. In reply to Councilmember Breiner's question about the truck, Mr. Bernardi said that a trailer could be used to mount the portable generator and could be stored at the yard, or a rig could be rented for this purpose. Councilmember Breiner then asked that staff look further in to the situation. City Manager Beyer stated that a design is needed for the other two locations and that it is necessary to obtain prices on the material. It seems to be around $250,000. This item could be brought back to Council with bids, possibly within two weeks. Councilmember Frugoli stated that, in his opinion, the Corps of Engineers should become in- volved in this problem as well as Representative Barbara Boxer. This has been a disaster area for two years and Federal funds are needed. Answers are needed and the City of San Rafael should take the initiative; there should be a berm or levee in that area. Mayor Mulryan stated that he had spoken with Representative Boxer and found her responsive. City Manager Beyer informed Council that the Corps of Engineers has started a study, however, the study will take two years. Joyce Rifkind, who is involved in low-income housing, has contacted several persons and bus- inesses in the area and feels that something should be done without further delay, and that funds from the City's reserves should be used instead of waiting for Federal funds. Dan Seright, representing the East San Rafael businesses, stated that businessmen in that area are concerned because they suffer more damage when the pumps are turned on. He added that it would be preferable to rent a portable generator for 3 months when the tides are high and spend the rest of the $250,000 towards a study on how to prevent the flooding in that area. The levees should be upgraded and gates added. 395 Councilmember Frugoli replied that Public Works is monitoring the use of the pumps. Gimi Sessi, who owns property in the area, stated that there was never trouble before; it started three years ago. The water seems to come from the Bret Harte area into the other areas and everyone is under water. Councilmember Frugoli said this is filled land and it is sinking. Dominic Selmi, former City Engineer, stated that this problem has existed for a long time, and is not the pumps or the drains - it is the levees which should be elevated to 6 or 8 feet. In the Spinnaker area, the levees have settled 2 feet. He suggested that a study be made of the levees. Gordon Freedman, owner of a Woman's Place, in the Harbor Center, explained that there was two feet of water in the shopping center next to the Record Shop last year. His store has been flooded three times since 1982. He blamed the pumps for the flooding. Harold Geister, businessman in the West Francisco Boulevard area for 30 years agreed with Mr. Selmi's suggestion concerning the levees. Councilmember Frugoli moved and Councilmember Russom seconded, to ask staff to come back with a proposed solution at the next meeting on January 16, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 28. SALE OF SURPLUS PROPERTY TO FRED GRANGE - File 2-7 x 2-10 Redevelopment Project Manager Ours briefed the Council on the sale of two surplus parcels to Mr. Fred Grange and described the conditions under which this sale would be made. The property was appraised at $12,000 and a price of $13,000 was agreed to by Mr. Grange, the $1,000 repre- senting the cost of the appraisal. Mr. Grange, while preparing property he owns for a heli- port, caused damage to a City access road and Drainage Assessment District #2 pond. Because of bad weather, repairs cannot be made at this time, but to insure the repair of the pond and access road, staff recommended that: 1. Fred Grange provide the Public Works Director a $10,000 surety. This surety would be used to repair the City property if Mr. Grange did not make arrangements for the work to be done. 2. Fred Grange deposit $13,000 payable to the City of San Rafael in an escrow account. 3. San Rafael deposit deeds to the two parcels in escrow with instructions that escrow cannot close until the Public Works Director certifies that repairs to City property have been completed, and deposits the surety or any remaining portion thereof in the escrow account. The title of the Ordinance was read. "ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY (TO FRED GRANGE) Ordinance No. 1473 Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading of Ordinance No. 1473 in its entirety and to refer to it by title only for the first reading, and pass the ordinance to print. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 29. SECOND READING AND ADOPTION - ORDINANCE NO. 1471 - PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL M - File 9 - The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR COST OF LIVING INCREASE FOR CITY COUNCIL" Councilmember Frugoli moved and Councilmember Russom seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1471. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 396 30. STATUS REPORT ON FORMATION OF PARKING ASSESSMENT DISTRICT FOR EAST FOURTH STREET (CM) - File 6-41 City Manager Beyer presented the Council with an updated report on the possibility of gener- ating additional funds to assist the property owners in developing the parking facility. Additional revenue of $29,750 could be generated by adding 120 2 -hour meters and 31 10 -hour meters for $1,750, in addition to the 40 on-site meters for $7,000. This assumes $175 per year from each meter. This would be ongoing revenue toward paying off the debt on the parking assessment bonds. This proposal would represent an increase of $13,650 annually over the proposal made on December 5, 1983. A discussion ensued during which Councilmember Nave stated that at the last meeting, it had been mentioned that the District would still have to pay $61,000 and that sum needed to be reduced. Mr. David Hellman, attorney, stated that they were planning on contributing about 50% toward the project. Councilmember Breiner asked if it would be appropriate to have a public hearing so that the public in the area would not be unduly surprised. Mr. Beyer replied that the petition would have to be recirculated and some conditions would have to be modified. The persons within the assessment district would be notified. Mayor Mulryan asked if Mr. Hellman felt that if this proposal went to the people in the area, that it would go. Mr. Hellman replied that they are about $5,000 or $8,000 above what they were before. He said he thought they could get approval. They will recirculate the petitions. Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt the meter program and the recommendations presented at the December 5, 1983 meeting as the City's contribution toward the proposed assessment district. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 31. Z82-16 - "BAYVIEW BUSINESS PARK" GENERAL OFFICE AND LIGHT INDUSTRIAL UEVLLUPHEN1 ON A PORTION OF 26 ACRES; FROM "U" & PCM TO P -D DISTRICT: FRANCISCO BOULEVARD, SOUTH OF PELIC WA , HORST HANF AND WILLIAM POESCHL, OWNERS; 0. ROBERT HOLM, REPRESENTATIVE; AP 9-290-31 & 34 (Pl) - File 10-3 Planning Director Moore indicated that after holding a public hearing on this item on December 5, 1983, Council directed staff to prepare the necessary Resolution and Ordinance. RESOLUTION NO. 6714 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR REZONING OF PROPERTY ON FRANCISCO BLVD., SOUTH OF PELICAN WAY, KNOWN AS "BAYVIEW BUSINESS PARK" AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: Frugoli, Nave, Russom & Mayor Mulryan "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 "U" AND P -C -M (UNCLASSIFIED AND PLANNED COMMERCIAL LIGHT INDUSTRIAL) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (Francisco Boulevard, south of Pelican Way)" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading of Ordinance No. 1474 in its entirety, and refer to it by title only for the first reading, and pass the Ordinance to print. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Frugoli left meeting) 32. ORDINANCE AND RESOLUTION PROHIBITING THE USE OF SKATEBOARDS, BICYCLES, AND ROLLER SKATES ON SIDEWALKS AND STREETS IN THE DOWNTOWN AREA PD - File 11-27 Chief of Police Ingwersen briefed the Council on the subject of skateboards, roller skates and bicycles which are used in a manner that violates the right-of-way of vehicles and pedestrians. This occurs mainly in the downtown area, namely on Fourth Street, between Grand Avenue and "H" Street. Accidents have occurred as a result of the use of these modes of transportation. Warnings have not been sufficient to alleviate the problems, and it is now necessary to have an ordinance with an appropriate penalty to use as a deterrent. Signs would be placed at strat- egic locations. 397 Chief Ingwersen suggested that there be four signs; these would be placed at Fourth, "H" Street and on Grand, east and west. However, he mentioned in some cities these warnings have been painted on the sidewalks. Mayor Mulryan asked that this method of signing be investigated. Councilmember Russom inquired whether there had been any such problems encountered at Northgate and Montecito shopping centers. Chief Ingwersen replied that these are private properties and policing is done by the management. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING THE SAN RAFAEL MUNICIPAL CODE, TITLE 5, TRAFFIC REGULATIONS, BY ADDING NEW CHAPTER 5.34 PROHIBITING SKATEBOARDS, ROLLER SKATING, AND BICYCLES IN CERTAIN AREAS WITHIN THE CITY WHERE APPROPRIATELY SIGNED, AND AMENDING SECTION 5.12.020 MAKING A VIOLATION OF THE ABOVE PROHIBITION AN INFRACTION" Councilmember Breiner moved and Councilmember Nave seconded, to dispense with the reading of Ordinance No. 1475 in its entirety and refer to it by title only for the first reading, and pass the ordinance to print. AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli RESOLUTION NO. 6715 - RESOLUTION ESTABLISHING THE LIST OF SIDEWALKS AND STREETS WITHIN THE CITY WHERE THE USE OF SKATEBOARDS, ROLLER SKATES AND BICYCLES ARE RESTRICTED AYES: COUNCILMEMBERS: Breiner, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli 33. EXTENSION OF AGREEMENT FOR GRAZING OF SHEEP ON OPEN LANDS (PW) - File 4-10-158 Public Works Director Bernardi commented on the project which started in October 1981 with authorization by Council. Approximately 2,000 sheep have grazed open space lands under close monitoring by Mr. Don Mills, a Novato Rancher. Reports have indicated that there has been no over -grazing and generally speaking, the operation is successful and useful. Its primary purpose was to graze the land to prevent summer fires. Mayor Mulryan had some questions about the unloading of the sheep from the trucks at the Mont Marin turf area and the time needed for the installation of the fence. (Councilmember Frugoli returned) Councilmember Russom stated that in his opinion there were problems with the operation. The public park area is being used and he would like to see the sheep kept off. There has been some improvement in that area, however, the other concern he has is the gate which has been left open. The gate is the only thing that prevents cars from going through. It seems that the sheep herder has been the worst offender. Also, the shearing operation seems to be a dirty process which is not always cleaned up afterward. However, he mentioned it is an interesting operation and would be nice if children could observe it. Councilmember Nave stated that this is a good program. Mr. Bernardi answered the above concerns by saying that there is an area lower at the foot of the hill (a flat area) where the unloading and loading can be done. As for the gate, Mr. Mills has been very cooperative, and he will certainly conform when the problem is brought to his attention. The item was continued to the next meeting of January 16, 1984, with Councilmember Russom to meet with staff and Mr. Mills in the meantime. 34. REPORT ON LONG-TERM TRAFFIC IMPROVEMENTS IN EAST SAN RAFAEL (PW) - File 11-13 City Manager Beyer stated that the proposal is to hire someone on a contract basis for the particular purpose of making a study of the roadways to learn where our costs are, have a design concept, environmental review, etc. Mayor Mulryan asked what kind of person would be hired, and Mr. Beyer replied, a civil engineer at a cost of $35,000, this amount to be funded from receipt of pending traffic mitigation fees. Councilmember Frugoli stated that he felt this was a high fee, and Mr. Beyer replied that it was a flat fee with no benefits attached. Councilmember Nave asked if the person would work specifically on this project alone and Mr. Beyer replied that that is the intent. Councilmember Russom asked whether the fees have been deposited in an escrow account. Public Works Director Bernardi answered that when the Council determines that the fees are due and payable then they will have to be paid. RESOLUTION NO. 6716 - RESOLUTION DETERMINING THAT EAST SAN RAFAEL TRAFFIC IMPROVEMENTS MUST BE MADE AND REQUIRING PAYMENT OF PREVIOUSLY COVANENTED FEES AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner added that there are several signs at the intersection of Andersen Drive -••l-••," -kirk z. ­nfusing and she would like to see these placed so that they Correction to read: "Andersen Drive to drivers. Extension and Sir Francis Drake Blvd." 35. REPORT ON PUKC:HAJt ur Z11Kttl LlUliia DPW) - File 4-4-6 City Manager Beyer stated that if the City took over PG&E lights, it would represent a savings of $290,000 to the City. Public Works Director Bernardi discussed the proposed cost for the City. There would be one or two men to maintain street lights. The maintenance would be $1 per light per year, the lights would cost $1.75 each, a total of $2.75 per light. The cost is presently $11.00 to PG&E. Councilmember Frugoli moved and Councilmember Breiner seconded, to adopt resolution authorizing the signing of a Joint Powers Agreement with the County of Marin to retain consultant for feasibility study on the acquisition of City's street lighting system. RESOLUTION NO. 6717 - RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT (w/County of Marin to Retain Consultant for Feasibility Study on the Acquisition of City's Street Lighting System) (Joint Exercise of Powers Agreement) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Frugoli moved and Councilmember Breiner seconded, to authorize expenditure of $4,855 proportionate amount of consultant fee, from non -departmental accounts. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Russom seconded, to authorize staff to apply for membership in the California Street Lighting Association through the County of Marin. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 36. UP83-72 - REFERRAL BY PLANNING COMMISSION OF ZONING ADMINISTRATOR DENIAL OF USE PERMIT FOR PACKAGED BEER SALES FROM A GASOLINE SERVICE STATION; 1125 LINCOLN AVENUE; EDWARD H. GRIMM, JR., OWNER; ELDON L. HASSTEDT, REPRESENTATIVE AND APPELLANT; AP 11-225-01 & 02 71 --File 10 - Planning Director Moore briefed Council on the application for a Use Permit authorizing the sale of packaged beer at the gasoline station at 1125 Lincoln (Mr. Edward H. Grimm, owner). She stated that it is recommended the Use Permit be denied on the basis that, if approved, it would set a precedent; convenience stores could also request permission to sell beer. Mayor Mulryan stated that this seems to be a reasonable solution. Councilmember Nave asked that the owner be heard at this time as he believes the Use Permit should be granted. Eldon Hasstedt, appellant, stated that he was not asking for something unusual, that this practice is allowed in many areas of the State and Country. He conceded that the hours could be limited. He stated the Planning Commission could not find any reason for the denial of the Use Permit except that it had never been done before, and he further stated there is no proof that the sale of beer at a gas station is the cause of drunken driving. The beer could be purchased elsewhere, and people drive. Joyce Pavlovski spoke referring to two teenagers who were killed in a driving accident last Spring and told Council that "it is that extra can of beer" that caused the driver to miss the curve. The father of one of the boys said that what must be done now is to teach the young people that the extra can of beer can be deadly. Mrs. Pavlovski added that the driver is encouraged to buy the beer when it is displayed at the station even though the intention was only to purchase gasoline. She ended by saying that beer and driving don't go together. 399 Joy Phoenix, Coordinator for Mothers Against Drunk Driving (MADD) urged Council to not allow the sale of alcoholic beverages at the gas station. She stated that a nationwide campaign has been organized to precisely discourage people from drinking and driving, and to ignore these efforts would defeat the purpose. Michael Sparks was opposed to the granting of the Use Permit on the basis that there are enough outlets for the sale of alcohol; there is no need for a gas station to sell alcohol at all. Councilmember Frugoli then stated there seems to be a double standard, because there are markets on both sides of the street that sell packaged beer. Councilmember Breiner disagreed. She stated we are not setting a double standard, we are trying to discourage the sale of alcoholic beverages. Council then took the following actions: RESOLUTION NO. 6718 - RESOLUTION FORMALIZING CITY POLICY OF DISCOURAGING THE SALE OF ALCOHOLIC BEVERAGES IN CONJUNCTION OR COMBINATION WITH VEHICLE FUEL SALES AYES: COUNCILMEMBERS: Breiner, Frugoli, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Nave ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6719 - RESOLUTION DENYING UP83-72 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FROM A GASOLINE SERVICE STATION LOCATED AT 1125 LINCOLN AVENUE AYES: COUNCILMEMBERS: Breiner, Frugoli, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Nave ABSENT: COUNCILMEMBERS: None 37. UP81-13(c) - USE OF CITY PROPERTY FOR USED AUTO LOT; 810 ANDERSEN DRIVE; GORDON JACOPI, REP.; AP 18-061-04 PW - File 10-2 Planning Director Moore briefed Council on the application of Gordon Jacopi to obtain a Use Permit for a used car sales/display on City property leased at the corner of Andersen and Bellam. It was at first recommended that the Use Permit be denied in order to encourage redevelopment of the property. The applicant has stated that he will pave and landscape the area in return for an amendment to the Use Permit which will allow the used auto sales project, and a compromise having been reached, it is now recommended that authorization be given for an auto sales/display use. Mrs. Moore indicated that Mr. Jacopi agrees with the new staff recommendations. Councilmember Frugoli moved and Councilmember Nave seconded, to authorize an auto sales/display use of City -owned property fronting Andersen Drive. The Use Permit to be referred back to the Planning Commission for consideration of conditional approval. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 38. ADOPTION OF RESOLUTION APPROVING FOURTH (SECOND) AMENDMENT TO JOINT POWERS AGREEMENT (JPA) FOR i - riie 4-1u-114 Police Chief Ingwersen briefed the Council on the reason for this fourth (second) amendment to the Marin County Major Crimes Task Force Joint Powers Agreement. The City of San Rafael, other cities in Marin, and the County of Marin entered into a JPA for the purpose of creating the Marin County Major Crimes Task Force. Funding was received through a LEAA Grant. After the grant expired, funding continued to be provided by the member agencies. Also, the original emphasis for the task force has shifted from the pursuit of major crimes to narcotics enforce- ment. The changes in financing and responsibilities require amendment to the original JPA. The three major amendments are: 1. That the task force shall not initiate or operate in the areas of Marin County that are not signatories of the JPA. 2. That membership on the Chief's Major Crimes Task Force Subcommittee shall be limited to only those Chiefs from participating agencies. 3. That the City of San Rafael's contribution for fiscal year 1983/84 is set at $42,806. This being the amount budgeted in the Police Department's approved budget. RESOLUTION NO. 6720 - RESOLUTION AUTHORIZING FOURTH (SECOND) AMENDMENT TO THE MAJOR CRIMES TASK FORCE JOINT POWERS AGREEMENT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 39. SALE OF SLOPE AREAS ADJACENT TO DRAINAGE ASSESSMENT DISTRICT #2 POND (RA) - File 2-7 Redevelopment Program Manager Ours explained to Council that Mr. Fred Grange has requested authorization to purchase slope areas in connection with the parcels of land he owns. He will landscape the slope area and maintain it at no cost to the City. Staff feels it is in the best interest of the City to agree to that request. Therefore, it is requested that the proposed sale of the slope areas be referred to the Planning Commission for review and recommendation. Councilmember Russom moved and Councilmember Nave seconded, to refer the proposed sale of the slope areas to the Planning Commission for its review and recommendation. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 40. RECONSIDERATION OF REQUEST FOR INDUCEMENT RESOLUTION RE: FINANCING FOR PHOENIX AMERICAN. INC.. AT 1890 FRANCISCO INDUSTRIAL DEVELOPMENT BOND (IDB ULEVARD CM - File 8-22 City Manager Beyer briefed Council on this item which was considered on November 21, 1983, with a recommendation at that time that it not be approved because the understanding was that it was an office building and no benefit would result for the City. After further discussion with Mr. Daniel Murray, President and Chief Financial Officer of Phoenix American, Inc., it was dis- covered that there is sales tax generated from the sale of computers. The company's head- quarters will be in San Rafael and the actual sales tax revenue is approximately $200,000 per year, which will be returned to the City of San Rafael. It is now recommended that Council approve the Inducement Resolution authorizing Phoenix American, Inc., to take advantage of industrial development bond financing, based on the new information on revenue to San Rafael provided at this time. After discussion, Councilmember Frugoli moved and Councilmember Nave seconded, to adopt reso- lution concerning the issuance of industrial development revenue bonds for Phoenix American, Inc. RESOLUTION NO. 6721 - RESOLUTION CONCERNING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR PHOENIX AMERICAN, INC. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 41. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Assistant City Manager Pam Nicolai reported to Council on the past year legislation activity, and said that the League of California Cities officials spent much of their efforts on the critical binding arbitration bill (SB 778), underground storage of hazardous waste, redevelop- ment, and local government financing. Also, general revenue sharing was reenacted for three years at the same level of $4.6 billion, meaning that San Rafael can expect to receive $450,000 each of the next three years. The revenue sharing, however, is to be audited annually rather than every three years, which will cost the City of San Rafael about $1,000 per year. Staff would like the new Council to reaffirm its position on the various bills discussed in the staff report and requests Council assistance in urging community groups, the Chamber of Com- merce, Senator Milton Marks, and Governor Duekmejian to oppose SB 778, the binding arbitration bill. Support Bill: SB 575 - Joint and Several Liability Oppose Bills: AB 4 - (Robinson) Local Sales Tax Option HR 4103 - Cable Television AB 469 - Licensing of Recreation Programs Run by Cities AB 617 - (McCorquodale) Councilmembers Russom and Nave stated that they are in agreement with the above. There being no Closed Session, the Council adjourned at 10:30 PM to their next regular meeting on Monday, January 16, 1984. /�, (VANNE M. NC I, City Clerk APPROVED THIS *t DAY OFJ., 1984 4.— . t/�A MAYOR OF THE CITY OF SAN RAFA L *** *** *** *** *** *** *** *** 401 In Room 201 of the San Rafael City Hall, Monday, January 16, 1984, at 7:20 P.M. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard P. Nave, Councilmember Jerry Russom, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk RE: INTERVIEWS OF APPLICANTS FOR REAPPOINTMENT TO POLICE ADVISORY COMMISSION - File 9-2-28 The Council interviewed Commissioners Mary Gassaway, Ronald A. MacMillan, George Obana and David Rawlinson, all at one time. Commissioner Donn E. Nissen had indicated by letter before the meeting that he would not be able to attend the interview due to a prior business commitment; however, he was still inter- ested in serving. After discussion, Council took no formal action to reappoint Police Commission members at this time, and continued the item to further discuss reappointment and the possibility of staggered terms. Council agreed with City Manager Beyer's suggestion about the need to have a report on all of the City's Boards and Commissions. The City Council adjourned to their next regular meeting the same night at 8:00 P.M. JLYNM M. LEONCINI, City Clerk APPROVED THIS b DAY OF 1984 5 MAYOR OF THE CITY OF -SAN RAFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, January 16, 1984, at 8:00 PM. 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; Peter J. Muzio, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR: Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of the Special Joint Meeting of January 3, 1984 (CC) 2. Resolution of Appreciation - Paul Sasse, Fire Captain, 29 Years 9 Months Service (FD) - File 102 3. Resolution of Findings re Appeal of Handicapped Access Requirements - 209 Third Street (PW) - Pilc Recommended Action Approved as submitted. RESOLUTION NO. 6722 - RESOLUTION OF APPRECIATION - Paul Sasse, Fire Captain, retired December 21 1983, 29 years 9 months. RESOLUTION NO. 6723 - THE CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 209 THIRD STREET. 402 4. Appeal of Handicapped Access Requirements: (PW) - File 13-1-1 a. 633 Del Ganado Road b. 260 Northgate I (Hunt's Donuts) 6. Report Re Issues and Priorities for Library Planning Study (Lib) - File 9-3-61 x 4-13-68 x 4-3-115 8. Request for Authorization for City to Participate as a Friend of the Court in Litigation Entitled Amigos de Bolsa Chica v. Signal Properties, 142 Cal. App. 3d 166 CA - File 9-3-16 Public Hearings were set for February 6, 1984. Accepted report and approved staff recommendations. Accepted staff recommendation and authorized City's partici- pation in the court brief being written by the Long Beach City Attorney's Office. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. STATUS REPORT ON NEIGHBORHOOD 30 PLANNING PROCESS (P1) - File 218 Councilmember Russom asked for a brief explanation of the reason for the basic work to take from February to December, as indicated in the staff report. Planning Director Moore replied that this is a more complex development. This is a much larger neighborhood and there are more difficult issues. Councilmember Russom stated that he is concerned with the timing on this plan because it does impinge on some of the other projects coming up for review. Councilmember Russom moved and Councilmember Nave seconded, to accept the report with a con- dition that the time to work on the project be decreased if at all possible. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. REPORT ON INTEGRATED PEST MANAGEMENT PROGRAM FOR ELM LEAF BEETLE (PW) - File 9-3-40 Councilmember Breiner stated that she wished to commend Jerry Hyde, Parks Superintendent, for having decreased the use of pesticides, which is of interest to many people. Also, she was pleased with the dollar savings on this project. Councilmember Breiner moved and Councilmember Nave seconded to accept the report. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. BID OPENING AND AWARD OF CONTRACT - 5 USED VEHICLES (GS) - File 4-2-186 Councilmember Frugoli stated he was concerned that the two cars for the Police Department undercover service were priced too high. Mayor Mulryan also expressed his concern. After discussing the various options with City Manager Beyer, Councilmember Frugoli moved and Councilmember Nave seconded, to take the following action: That Hertz Corporation be designated as low bidder for one (1) two -door Sedan (Police Department Service), one (1) four -door Sedan four wheel drive (Vehicle Pool Service), one (1) four -door Sedan (City Manager Service), and that staff be authorized to negotiate a lower price for two (2) four -door Sedans (Police Department Service), for a total price not to exceed $42,612.00. RESOLUTION NO. 6724 - AUTHORIZING THE PURCHASE OF FIVE USED VEHICLES FOR USE AS POLICE DEPARTMENT UNDERCOVER SERVICE, VEHICLE POOL SERVICE, AND CITY MANAGER SERVICE, UTILIZING EQUIPMENT REPLACEMENT FUNDS (As amended). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. REQUEST FROM RADIO CAB COMPANY FOR CERTIFICATE OF PUBLIC CONVENIENCE (Fin) - File 9-9 Mayor Mulryan asked that this item be taken out of order, as he had received a request from Mr. Grey Homen, owner of Yellow Cab Company, to continue the item to meeting of February 6, 1984, to allow Mr. Homen time to confer with legal counsel. 403 Mr. R. Russo pleaded with Council to allow another cab company to come to San Rafael. He complained of having to wait for long periods of time and having to call the present company several times with promises of assistance, but the cab never came. Because he has a problem walking, Mr. Russo told Council he would write a letter supporting the grant of permit to another company, rather than try to attend the next meeting. Council then agreed to continue the item to the next meeting of February 6, 1984. 10. FINAL EIR CERTIFICATION: TS80-4, APPEAL OF CONDITIONS) OF PLANNING COMMISSION APPROVAL FOR 13 LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION; AND REZONING Z81-24 FROM R -1-B-2 & R -1-B-3 TO P -D, IRWIN STREET WEST OF BRET HARTE VILLAGE; HOWARD & HUTSON, OWNERS; R.C. MARTIN, REP. & APPELLANT; AP 13-271-29 P1 - File 5-1-287 x 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed Council on the application for a conventional 13 -lot sub- division which was filed in May 1980. Many meetings have been held by neighborhood groups and the Planning Commission, and much work has been done on this application. The Planning Com- mission recommended that an EIR be prepared. They reviewed the access to the property via Lynn Court. This, however, involves encroachment through City -owned open space. The Planning Commission recommended that the applicant concentrate on access to the site from Irwin Street. The draft EIR was prepared and recirculated. During review of the EIR, consideration was given to an attached townhouse proposal and a detached single family cluster design. The project has been designed to minimize grading and tree removal and to permit preservation of three acres of valuable hillside for open space. The proposed density is within the current zoning and restrictions of the slope ordinance. In June 1983, Planning Commission held a hearing on the final EIR. The item was continued by the Planning Commission in order to obtain geologic and hydrologic information. Condition(s) of the tentative map, which limits building height to 20 feet from any location from grade, has been appealed by the applicant. Mayor Mulryan aksed if the delay was due to the appeal by the applicant because of the height limitation. Planning Director Moore replied that that was not the reason. At the time of the Planning Commission hearing, it was determined necessary to obtain more information regarding the Lynn Court access. Last November, the information given to the Planning Commission was deemed adequate, and they recommended approval of the project. Councilmember Breiner asked who would be responsible to pay to clear the roadway if there were landslides in the area. Planning Director Moore replied that on the private improvements, it would be the responsibility of the property owners. Councilmember Breiner asked if that would also apply to the open space easement that the homeowners will maintain, and Planning Director Moore said that it would be their responsibility. Councilmember Breiner, referring to drainage, asked about maintenance when it is done by a private group. Is there a risk that maintenance will not be done when the City is not in- volved. Public Works Director Bernardi stated that there are two drainage systems which are privately maintained in San Rafael. The City has the right to go in and maintain drainage easements if the homeowners do not do it. This is contained in Condition (b)6 of Exhibit A of the staff report. Mr. Sam Fedeli, 265 Irwin Street, gave Council three photographs of the drainage ditch. He stated that the drainage system does not always work; flooding is aggravated by an already bad system, and is not maintained properly, the result being that his backyard is flooded. Also, he said he has seen children play in and block the drainage, and it is a nuisance but it could also be a tragedy. Mr. Fedeli stated that when drainage is City maintained, the people have a recourse; he feels that these should not be maintained by the homeowners associations. The City should control that maintenance through a contractor. Councilmember Russom asked Public Works Director Bernardi if under the kind of arrangement the City would make for the maintenance of the drainage, it is true that Mr. Fedeli could call Public Works and ask that the City check the drainage, the City would have the right to ask the homeowners association that the work be done. Public Works Director Bernardi replied that that is correct. He stated that Public Works would have to contact the homeowners association and if nothing was done, Public Works would take care of the problem, but it is not a standard practice. Mayor Mulryan asked whether Public Works had experienced this previously, and Public Works Director Bernardi said when approval is received ultimately they will make sure that there is someone who is responsible for the people in the neighborhood if there is no one in the home- owners association. Generally the home owners enter into a contract for maintenance of the drainage ditches with a firm which does this kind of work. Councilmember Frugoli asked if a condition of approval could be added in this respect, and Public Works Director Bernardi replied that it could. Mr. Richard Carlsen - 217 Irwin. Objected to the access road from Irwin because of the danger to children at the playground. He said that he had appealed this condition to the Planning Commission, and he hoped that Council would accept the responsibility for locating the access road elsewhere, as a road through a park is not acceptable. Mr. Solis - 335 Irwin. Has signed a letter which was sent to Council and wished to reiterate his and other persons' concern on this access road, and he added that Mr. Carlsen is not the only one affected by it. Sue Scott had not intended to address Council, but wished to lend her support to Mr. Carlsen's objections because he will be affected by extra noise, lights flashing in his windows, trees being removed or dying, etc. David Young - 34 Irwin. Opposed to the Lynn Court access, saying that lights will flash on the windows when cars come down the hill. Jim Graham stated that the property was donated as open space by the City, and that this open space would now be taken away in order to provide access to the new project. Councilmember Frugoli moved and Councilmember Nave seconded, to adopt resolution certifying a Final Environmental Impact Report for Rezoning of Property along Irwin Street West of Bret Harte Village. RESOLUTION NO. 6725 - CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT FOR REZONING OF PROPERTY ALONG IRWIN STREET WEST OF BRET HARTE VILLAGE. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner asked whether the City had ever entered into an agreement such as Mr. Fedeli suggested whereby the City would be able to check the work done instead of a private firm. Public Works Director Bernardi replied that this would be very difficult to administer. Mayor Mulryan stated that, particularly because there is a possibility of phasing this project, that a condition be added that the developer be required to engage a firm to do the work, that could be contacted when needed by the City, but that would be the obligation of the homeowners. Councilmember Breiner said that she would like to see this as a condition to be added. Councilmember Nave stated that there is now a much better drainage system, more safeguards, with City back-up; there are many indications that there will be a much better drainage than there exists at the present time. Councilmember Breiner asked about the responsibility of the drainage, and Public Works Director Bernardi said that Condition (b) (6) of Exhibit A could be modified to reflect the changes the Council wishes. Councilmember Breiner stated that she would like to see this modification included so that it will be clear to future buyers that this policy was established at this meeting. Councilmember Russom stated that he continued to have concerns about the access. He felt the development does not have a satisfactory access. He asked how many feet there are from the point of access to Mr. Carlsen's house. Paul Jensen, Associate Planner replied that there are fifteen feet. Councilmember Russom asked if the fifteen feet were to the property line or the house itself, and Mr. Jensen said to the house. Cindy Hunt, a resident at 334 Irwin, referred to the drainage issue. She stated that perhaps the problem is not entirely understood. With buildings on the steep hill, there will be increased runoff. The drainage will not be better, it will be worse and nobody will be respon- sible when there is unusual rainfall which causes flooding and properties are damaged. We will not have a recourse. Public Works Director Bernardi stated that these considerations have been included in Exhibit A under Condition (e), Paragraphs (5) and (6). It says that "Site drainage shall be discharged into an engineered retention system which has been designed to mitigate increases in the runoff rate during peak storm periods. This system shall be constructed at the base of the project area adjacent to the existing drainage channel". ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SEGrIUN 14.1b.02U U� ]HE MUNICIPAL CODE UF SAN RAFAEL, CALIFURNIA, SU As To RECLASSIFY CERTAIN REAL PROPERTY FROM R -1-B-2 AND R -1-B-3 SINGLE FAMILY RESIDENTIAL. MINIMUM SITE AREA ICC f LL I hIVU LU, UUU .3YUMML f LL 1 , RLarL . 1 1 VLL 1 ) U1J 1 I ll, 1 J I U r -u `r rwin Street West of Bret Harte Villaqe P1 --File 5-1-287 x 10 - 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 R -1-B-2 AND R -1-B-3 (SINGLE FAMILY RESIDENTIAL, MINIMUM SITE AREA 10,000 SQUARE FEET AND 20,000 SQUARE FEET, RESPECTIVELY) DIS- TRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT (Irwin Street West of Bret Harte Village), as amended (Exhibit "A" - Paragraph (b) (6) ), as follows: 405 "The CC&Rs for the Homeowners Association shall establish a sinking fund for the future maintenance and/or replacement of facilities. The association shall contract with a professional firm to provide regular maintenance of all on-site facilities. The name and telephone number of this professional firm shall be made available to the City's Public Works Department. Additionally, the City shall have the right to enforce the maintenance of said facilities at the Homeowner Association's expense." Councilmember Frugoli moved and Councilmember Nave seconded to dispense with the reading of Ordinance No. 1476 in its entirety and refer to it by title only for the first reading and pass the Ordinance to print. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Planning Director Moore, referring to appeal of Condition (s) by the applicant, stated that the reason the condition was imposed was mainly for appearance purposes. Mr. Bill Howard, applicant, stated that he did not have access to the maps and drawings avail- able at this meeting. He feels that this height limitation is discriminatory, and that the time to look at the height is during the design review. Mr. Howard also stated that the data in the draft EIR was inaccurate and had been prepared without any contact with the developer. As a result, his firm had to engage an architect. "It was not possible to determine what the EIR consultant had in mind because there was nothing to indicate what we had in mind either. Nowhere in Marin is there a limitation of 20 feet on a hillside project of this magnitude" he said. Councilmember Nave questioned Planning Director Moore about the statement made by Mr. Howard that this is the only project where the restriction of 20 feet has been imposed on the height of the buildings. She replied that there are many projects where the height has been less than 28 feet, but it should be noted that it is within the City's discretion to determine what is an appropriate limitation. The 20 -foot limitation could be imposed at this time with a clause that at time of design review consideration could be given to a higher limitation if feasible. Councilmember Nave said that this might produce a better design, and Councilmember Breiner stated that she liked Planning Director Moore's proposal. Councilmember Breiner moved and Councilmember Russom seconded to deny the applicant's appeal of Condition (s) of the Tentative Map with a revision that "Building heights to 30' may be allowed provided that findings can be made that the additional height will not have an adverse visual impact on adjacent properties or the neighborhood". RESOLUTION NO. 6726 - A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DENYING APPEAL OF PLANNING COMMISSION CONDITION (s) OF TS80-4 (TENTATIVE MAP) FOR THE IRWIN STREET 13 -UNIT RESIDENTIAL DEVELOPMENT; UPPER IRWIN STREET AT HAZEL COURT, AP 13-271-29 (As amended). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 227 THIRD STREET (VITA BUONO DELI) (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed Council on this appeal which is based on the unreasonable hardship the extra expense would cause the applicant, Ms. del Fiorentino. Her intention is to renovate a small space in the Montecito Shopping Center and open a "deli" restaurant. En- largement of the existing toilet room would require that structural modifications be made to the existing building as one of the walls, which would have to be relocated, supports the roof. The Marin Center for Independent Living has been contacted by mail but no reply has been received from them at this time. Joyce Rifkind asked whether any facility was available for handicapped persons at the Montecito Center at this time. Public Works Director Bernardi replied that he did not know. With no further comments from the public, the public hearing was closed. Councilmember Frugoli moved and Councilmember Breiner seconded, that the City Council, sitting as the Board of Appeals, uphold the appeal on the basis that in this case a handicapped acces- sible toilet room would represent an unreasonable hardship. Staff was directed to prepare an appropriate Resolution with findings and bring it back for adoption at the next meeting of February 6, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None � 1 � Councilmember Breiner added that a message should be conveyed to the owners of the Montecito Shopping Center informing them that there is a law requiring facilities for handicapped per- sons, and that if further remodeling is done at the Center, this public facility should be added at the Center. 12. APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 11 "G" STREET (MONK'S INN) (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi informed the Council that Mr. J. Durkin had applied for a permit to modify the kitchen and the entry to the Monk's Inn at an estimated cost of $15,000 to $20,000. The possibility that the existing toilet rooms could be made accessible to handicapped persons by converting them to "single accommodation" toilet rooms has been discus- sed but it does not seem possible because the toilets available are the minmum the Plumbing Code allows. Cost to enlarge the existing toilet rooms to comply with the State regulations is esimated at $20,000 to $25,000, and the work would require encroaching on the bar area and replumbing toilet rooms. Mr. J. Durkin, representing the Monk's Inn, has filed an appeal. The Marin Center for Independent Living has been notified and their representative feels that the improvements are not warranted at this time. With no comments from the public, the public hearing was closed. Councilmember Nave moved and Councilmember Breiner seconded, that the City Council, sitting as the Board of Appeals, uphold the appeal on the basis that in this particular case, the pro- vision of handicapped accessible toilet rooms would represent an unreasonable hardship. Staff was directed to prepare an appropriate Resolution with findings and bring it back for adoption at the next meeting of February 6, 1984. 13. CONSIDERATION OF ACCEPTANCE OF DEED - SAN RAFAEL SANITATION DISTRICT (RA) - File 2-17 Redevelopment Program Manager Ours informed Council that the San Rafael Sanitation District had requested that the City exchange City -owned property. The Council had held a Public Hearing on the matter on October 3, 1983 at which time, Ordinance no. 1467 was passed to print and adopted on October 17, 1983. Independent appraisals have been conducted and both appraisals have indicated that the two parcels have an equal square foot value. Councilmember Breiner moved and Councilmember Russom seconded to adopt Resolution No. 6727 authorizing Acceptance of Conveyance of Real Property from the San Rafael Sanitation District. RESOLUTION NO. 6727 - AUTHORIZING ACCEPTANCE OF CONVEYANCE OF REAL PROPERTY FROM THE SAN RAFAEL SANITATION DISTRICT. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. FLOODING IN EAST SAN RAFAEL: (PW) - File 4-2-185 a. Proposed Acquisition of Three (3) Emergency Generators b. Discussion Re Levee Improvements Mayor Mulryan stated that in reviewing Public Works Director Bernardi's staff report, there was mention of involving an outside engineer to review the report prepared by the consultant because of the high costs of repair and the urgency to correct the situation. Mayor Mulryan stated that he approved of this suggestion because through the many meetings with residents and businesspersons from the Canal Area, it has been clear that something needs to be done as early as possible. Public Works Director Bernardi reviewed briefly some of the facts: Three pump stations require generators for emergency services. The locations are Kerner -Canal Pump Station (which has space for the generator); the Mosquito Abatement Pump Station, would require more land for the installation of a permanent generator; and the Rossi Pump Station where, because of the imple- mentation of the Storm Drainage Master Plan recommendation that the pump station be relocated, it does not seem appropriate at this time to install a permanent generator. The alternative is to rent a generator and a truck to carry the generator. Prices for these would total approxi- mately $5,000 per month. In addition, the control panel for the pump must be modified to accept the electric connection from the portable generator and provide internal switching gear to use when there is power failure from PG&E. Mayor Mulryan asked whether it was better to buy or rent the generator. Public Works Director Bernardi said that it is recommended to lease -purchase, or rent a generator until the City buys it's own, but regardless of the way the generator is obtained, it will be necessary to install the switching gear. There were a few more questions from Councilmembers, and one in particular from Councilmember Russom regarding his concern about the surge problem at the Rossi pump. Public Works Director Bernardi replied that the only way to correct that situation is to relocate the pump station. 407 Councilmember Breiner moved and Councilmember Nave seconded to adopt staff recommendations with amendment to b., as follows: a. Council to authorize staff to seek competitive bids for installation of an emergency T"- standby generator at the Kerner -Canal pump station. b. To modify the existing control panel and install switching gear at the Rossi Pump Station, to include lease -purchase of the generator. c. To investigate the cost of purchasing additional property for the installation of a generator at the Mosquito Abatement Pump Station. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Regarding the Levee Improvement subject, Public Works Director Bernardi reviewed the problem. The original levees (between Harbor Center and Pickleweed Park), were constructed under an assessment district approximately 25 years ago. The levees have settled about two feet during that time, with their present elevation low enough to be overtopped during periods of extreme tidal and wind conditions. Encroachment permits issued to developers of buildings adjacent to the Canal area prevented the City from maintaining the levees in easements of buildings. Provisions for the repair and maintenance of the levees have been made in the Storm Drainage Master Plan, and they include the installation of locks at the mouth of the San Rafael Canal. This has cost implications, and it would take approximately 7 to 10 years to be implemented. There must be some immediate interim work to correct the existing situation. One option is to consider the review of the whole drainage question by another engineering firm, to provide a fresh perspective on the whole issue of flood protection. Councilmember Breiner said she thought the Corps of Engineers was supposedly doing a study of the levees also, and Public Works Director replied that this was true and that he and Mr. Beyer were going to meet with the Corps this week and a time schedule would be discussed. Mr. Dan Seright, East San Rafael businessman, stated that he felt Mr. Bernardi had done a good job. He asked Council to hire a consultant engineer. He stressed the urgency of getting the repairs made on the levees and hoped that the good weather would not allow Council to forget the problems on the rainy days. Mr. Whitey Litchfield, property owner in East San Rafael, stated that he was one of the first owners/developers of that area and owns land which has been flood by as much as 4 feet of water. Businesses have suffered great losses. He urged the Council to take action, because his properties are disintegrating. Councilmember Frugoli moved and Councilmember Nave seconded, to authorize staff to proceed with a site -by -site investigation of the levee system within City jurisdiction and report back to the Council with specific recommendations for the repair of same, the site investigation shall be completed within two months. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom moved and Councilmember Nave seconded to authorize staff to take necessary steps to seek bids from a qualified hydrolic engineering firm to perform the further studies that are needed in the Canal Area. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PRESENTATION OF DKS REPORT RE EAST SAN RAFAEL (PW) - File 4-3-114 Following a short discussion, the motion was made: Councilmember Frugoli moved and Councilmember Russom seconded to accept the report and approve utilization of the traffic model. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom requested that future reports of this nature be written in a simpler and more concise style. 16. SECOND READING AND ADOPTION OF ORDINANCE NO. 1473 - PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY RA - File 2-7 x 2-10 The title of the Ordinance was read: "ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY" - (to Fred Grange) Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1473. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. SECOND READING AND ADOPTION OF ORDINANCE NO. 1474 - 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 "U" AND P -C -M UNCLASSIFIED AND PLANNED COMMERCIAL IGH INDUSTRIAL DISTRICTS TO P -D PLANNED DEVELOPMENT) DISTRICT - Francisco Boulevard, South of Pelican Way Bayview Business Park P1 - File 10-3 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 "U" AND P -C -M (UNCLASSIFIED AND PLANNED COMMERCIAL LIGHT INDUSTRIAL) DISTRICTS TO P -D (PLANNED DEVELOPMENT) DISTRICT (Francisco Boulevard, south of Pelican Way) (Bayview Business Park)" Councilmember Frugoli moved and Councilmember Breiner seconded to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1474. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. SECOND READING AND ADOPTION OF ORDINANCE NO. 1475 - AMENDING THE SAN RAFAEL MUNICIPAL CODE, TITLE 5, TRAFFIC REGULATIONS, BY ADDING NEW CHAPTER 5.34 PROHIBITING SKATEBOARDS, ROLLER SKATING, AND BICYCLES IN CERTAIN AREAS WITHIN THE CITY WHERE APPROPRIATELY SIGNED, AND AMENDING SECTION 5.12.020 MAKING A VIOLATION OF THE ABOVE PROHIBITION AN INFRACTION (PD) - I- �.r The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING THE SAN RAFAEL MUNICIPAL CODE, TITLE 5, TRAFFIC REGULATIONS, BY ADDING NEW CHAPTER 5.34 PROHIBITING SKATEBOARDS, ROLLER SKATING, AND BICYCLES IN CERTAIN AREAS WITHIN THE CITY WHERE APPROPRIATELY SIGNED, AND AMENDING SECTION 5.12.020 MAKING A VIOLATION OF THE ABOVE PROHIBITION AN INFRACTION" Councilmember Breiner moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1475. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. RESOLUTION AMENDING RESOLUTION NO. 6715 RESTRICTING SKATEBOARDS, ROLLER SKATES AND BICYCLES IN THE THIRD & A PARKING S RUCTURE PD - File 11-27 City Manager Beyer informed the Council that since the approval of Resolution No. 6715 restricting usage of skateboards, roller skates and bicycles on Fourth Street in San Rafael, it has been discovered that a problem exists at the new Third & "A" Parking Structure with skate- boards, roller skates and bicycles being used within the structure. A resolution amending the Resolution No. 6715 has been prepared for Council's review and approval, which Resolution would restrict further the use of skateboards, roller skates and bicycles in that garage. Councilmember Breiner moved and Councilmember Nave seconded to adopt a Resolution amending Resolution No. 6715 establishing the list of sidewalks, streets, and other areas within the City where the use of skateboards, roller skates, and bicycles is restricted (to include Parking Structure on Third Street between "A" and "B" Streets). RESOLUTION NO. 6728 - AMENDING RESOLUTION NO. 6715 ESTABLISHING THE LIST OF SIDEWALKS, STREETS, AND OTHER AREAS WITHIN THE CITY WHERE THE USE OF SKATEBOARDS, ROLLER SKATES, AND BICYCLES IS RESTRICTED (TO INCLUDE PARKING STRUCTURE ON THIRD STREET BETWEEN "A" AND "B" STREETS) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. CONSIDERATION OF MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS (MCCMC) NEEDS LIST FOR SAN FRANCISCO FOUNDATION (CM) - File 113 Councilmember Breiner explained that the list offered for consideration by Council is to see mainly if there are projects that have directional concerns. Councilmember Nave stated that he would like to see "Playfields" included under Recreation & Parks. Councilmember Frugoli requested that high priority be given to the 101 Corridor Study. Councilmember Frugoli moved and Councilmember Breiner seconded to approve Marin County Council of Mayors & Councilmembers Needs List for San Francisco Foundation, with the additions of Playfields under Recreation & Parks, and a high priority to the 101 Corridor Study. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. CONSIDERATION OF IMPACT OF AB866 ON LARGER TRUCKS USING LOCAL CITY STREETS (CM) - File 9-1 Councilmember Breiner had requested information on any possible impacts of AB 866 which became law in June 1983. Concerns were raised about impacts on City streets and turning radius needed for longer and wider vehicles. Assistant City Manager Pamela Nicolai stated that since streets and highways in Marin County do not fall within the category of roads where these larger vehicles are allowed, there will be no impact. 23. REQUEST BY MARIN ASSOCIATION OF PUBLIC EMPLOYEES (MAPE) TO RECOGNIZE THE THIRD MONDAY IN JANUARY AS MARTIN LUTHER KING, JR. HOLIDAY CM - File 7-8-1 City Manager Beyer recommended that Council not declare Martin Luther King, Jr. Day a holiday, and that Mr. Burneo of M.A.P.E. consider this a proper subject for next year's negotiations. Council agreed to accept this recommendation. 24. REQUEST BY COUNTY OF MARIN FOR COMMENTS ON PROPOSED LEVY OF SURCHARGE OF $2.00 ON PARKING CITATIONS F R PURPOSE OF CONSTRUCTION F MUNICIPAL COURT FACILITIES CM - File 9-10-2 City Manager Beyer recommended that Council indicate to the Marin County Board of Supervisors its opposition to the proposal to add a $2.00 surcharge for parking citations. Council agreed to accept this recommendation. CLOSED SESSION 25. CLOSED SESSION TO DISCUSS PENDING LITIGATION The Council adjourned to Closed Session to discuss pending litigation, then reconvened in public and agreed to settle the following claims: Claim 3-1-824, Richard F. Karschner, for $1,588.00; Claim 3-1-835, Gail L. Thiede, for $1,259.84; Claim 3-1-839, Jeffrey Rich, for $1,387.86. The Council then adjourned to a Special Workshop to discuss City's Capital Improvement needs, on Wednesday, January 18, 1984 at 7:30 P.M. kli=A . ' QYA'NNE M. LEONCI I, City Clerk APPROVED THIS b X;e DAY OF 1984 _r MAYOR OF THE CITY FSA RAF EL *** *** *** *** *** *** *** *** 410 In the Council Chambers of the City of San Rafael, Monday, January 18, 1984, at 7:30 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman Dorothy L. Breiner, Councilmember/Agency Member Gary R. Frugoli, Councilmember/Agency Member Richard Nave, Councilmember/Agency Member Jerry Russom, Councilmember/Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, Agency Secretary; Peter J. Muzio, City/Agency Attorney RE: WORKSHOP RE CAPITAL IMPROVEMENT NEEDS - File 8-5 Mayor/Agency Chairman Mulryan opened the joint workshop meeting, indicating the problem has been to obtain the basic maintenance financial needs of our infrastructure in place. City Manager/Executive Director Beyer acknowledged Assistant City Manager Nicolai and Public Works Director Bernardi for preparing a presentation which will review the City's needs tonight, such as the public buildings, street lights, sewer maintenance and resurfacing. He added that, as indicated in the past, there is a substantial gap between what are the needs of the community to maintain the present facilities, and what the actual maintenance costs are. If major steps are not taken, the gap will continue to get larger. He indicated the workshop will offer an opportunity to Council/Agency to determine what steps should be taken to augment funding. Ms. Nicolai indicated that included in the packet was a booklet which describes the problems and what could be done to help solve them. The booklet gives almost a complete inventory of the City's facilities, what the buildings are, the miles of parks, streets, etc. A slide show was then presented. Ms. Nicolai indicated that the City owns and is responsible for the upkeep of 18 buildings, including the new parking structure at Third and "A" Streets. Main- tenance responsibilities, aside from regular cleaning, include building repairs, repair and replacement of furnishings and fixtures, interior and exterior painting, roof maintenance or reroofing. Revenue Sharing Funds are dwindling, and there is going to be less money to operate. The City is working on ideas of remodeling some of the older facilities; the Library needs a new roof. It was pointed out that the Falkirk renovation has been done with grant money. Other facilities and buildings include Fire Station #1; the roof has just been replaced. Montecito #2; Terra Linda #3; Canal #4; Glenwood #5; Terra Linda #6 - needs a new roof; Civic Center #7; even though a newer building, the roof needs repairing. We have three recreation centers which we maintain. The Terra Linda pool needs replastering. In addition, there is the Blue House (1313 Fifth Avenue), the Boyd House (City is responsible for the facility even though the building is rented); and finally, the Corporation Yard/Garage and the police boat. Other facilities include 135 acres of park grounds; 21 parks and mini -parks; 22 restrooms; 11 tennis courts; 2 ponds; 1 swimming pool; 11 ballfields; 5 soccer fields. Some of these need constant maintenance, the tennis courts need resurfacing, the pool needs replastering, etc. All of this has been financed through the Revenue Sharing Budget. It was also pointed out that the City has 2,500 acres of open space which are not maintained or patrolled. Also, the County will no longer maintain the fire roads. The City maintains 70,000 street trees; 40 miles of islands and parkways. Public Works Director Bernardi stated that in many cases, replanting has been done with iceplant. The strip areas which are equivalent to 40 football fields, must be mowed every 10 days. Ms. Nicolai indicated that there are 150 miles of streets; 240 miles of curb and gutter; the City should be resurfacing 9 to 10 miles every year; however, we are doing only 4 miles and have a $600,000 shortfall. We are filling potholes and using up to 500 tons of asphalt per year. Mr. Bernardi stated that 20% of the City streets are less than 20 feet wide and the City is liable for trees on each side of the roadway. Ms. Nicolai added that the City maintains street signs in compliance with State regulations; 3,000 regulatory signs. A study made in 1971 indicated that 25% needed to be replaced. It has not been possible to implement the program because of lack of budget and manpower. Also involved are the street signals. We should be repainting street directional signs annually. Five years ago, we applied 1,200 gallons of paint. This year we used 700 gallons. Because of having to do emergency repairs during bad weather, we have not had the manpower to do regular maintenance. The City has spent over 7,000 manhours on storm drains, pump stations, etc. because of the severe weather. The City repairs damage caused by City tree roots which damage sidewalks and driveways as well. 411 Mr. Bernardi then spoke of the pump stations, stating that there are 12 pump stations, 20 years old, with 26 pumps. He showed the various pump stations on the screen, explaining their locations and conditions. These are the Kerner Boulevard, 400 Canal Street, Rossi, Mosquito Abatement, West Francisco Boulevard, Glenwood, Peacock, San Quentin, Spinnaker Point, Piombo, Lindaro Street and Corporation Yard stations. They require maintenance of motors, station float controls, control panels, etc. There are 26 gates which are hard to maintain. The flapgates keep the high tide out. Because of age of the facilities, the gates are no longer made and must now be special ordered. As an example, at the San Pedro Station, the flood gate fell off and it took six months to have it remade. City Manager/Executive Director Beyer stated that the other booklet prepared for Council/ Agency consideration and review is the 1983-1986 Capital Improvement Program. It was prepared as a separate document in order to point out and separate the exact figures. The City has used the following sources for funding capital improvement and major maintenance items: Gas Tax, Revenue Sharing, Redevelopment, Grants (such as Housing and Community Development, Buck Trust Funds and Statewide Bond Issues). Included in the booklet is also a list of Unfunded Needs. The three year Capital Improvement Program shows what can be accomplished with avail- able funds and sources. This allows only minimum maintenance and few new programs. Mr. Beyer stated that, referring to the report presented to Council last summer, there are financial options. What is needed now is to know whether the Council/Agency is interested in having staff review some additional sources of revenue. There are new methods that the City could use, such as the lease -purchase of certain types of equipment, revenue bonds, etc. Mayor/Agency Chairman Mulryan stated that the need is crucial. He indicated that the City and County are moving along quite well toward a resolution of Redevelopment issues, involving some $10,000,000 in new Redevelopment funds, with matching funds to be explored with Corps of Engineers, CalTrans, and other sources. Councilmember/Agency Member Frugoli stated that one way to reduce upkeep and maintenance expenses could be the consolidation of the police and fire stations. Mr. Beyer indicated that is a possibility and could be investigated. Councilmember/Agency Member Breiner discussed shifting more gas tax funds to repair streets. Mr. Beyer said that the program, as presented, is to take the existing revenue and apply the funds available for street repair. There is a proposal whereby the County could go to the voters to ask for a 2 or 3 cent tax override for 4 years to generate about $200,000 per cent. Councilmember/Agency Member Breiner asked how the City would be affected by the sale of bonds. Mr. Beyer said that this would be done at another level of authority. Councilmember Frugoli asked if there were other bonding mechanisms, and Mr. Beyer replied that ABAG has a bond program; however, the City would only get a small portion. Councilmember/Agency Member stated the streets are so bad that they cause deterioration of cars and tires and the repairs are a basic necessity. Councilmember/Agency Member Frugoli said that the voters should be asked if they would pass an initiative for road improvements. Mr. Beyer stated the Council has an option and that is, they could take a drawdown on the reserves but this could be done only on a one-time basis. The program as presented is just showing the level to which the needs under current revenues are not being met. Mayor Mulryan asked if this meant that the operational maintenance costs would use up all the money and Mr. Beyer replied that even with the anticipated increase of sales tax revenue, because of on- going needs, the expenditures on the operation side will also have some growth and it will remain at the status quo in terms of balancing for the next 3 or 5 years. There is no surplus that could be shifted. Ms. Nicolai stated that the City is 1.4 million dollars short. Mrs. Breiner stated that one of the impacts of drawing down the reserves is that you wipe out the interest on the money. Finance Director Coleman replied that the City would lose 1 million dollars. Councilmember/Agency Member Nave said that if the City asks the voters for funds to maintain the streets, they would expect some of the money to come from the City's General Fund. Councilmember Russom said that it seems the anticipated revenue is not sufficient to meet the needs for street repair to which Ms. Nicolai replied that this was correct. The City should be repaving 10 to 15 miles of street a year at a cost of $125,000 per mile. For 10 miles per year, the cost would be $1.2 million. We have $400,000 in the budget. Member Russom asked if the 15-18% reserve fund was based on the City's own historical experience. Mr. Beyer said that the reserve is based on what seems prudent. Mr. Beyer said that as an example, in 1982 there was a drawdown of $800,000, and in 1983, it was $500,000. Seeking other revenue sources, Member Breiner asked if there was any possibility of getting more from Falkirk by renting rooms for office space. Mr. Beyer replied that perhaps the second or third floor could be rented to artists or writers. Mrs. Breiner stated that the Cultural Affairs Commission also discussed turning it over to a non-profit corporation. Mr. Beyer said that was an option. Mayor Mulryan asked about the maintenance costs and Library Director Stratford indicated that the operating expenses are $48,000 per year, adding that the new director is aggressively searching for grants with the San Francisco Foundation as well as funds from the private sector. 412 Member Breiner then referred to the tax levy and asked if the City Attorney could look into this. City/Agency Attorney Muzio stated that the City could institute a tax on the City employees' pension plan (already approved by the voters). Mr. Beyer indicated the pension plan tax could generate $160,000 per year, and Member Breiner indicated this could be used to cover shortfalls. Mr. Beyer replied that this will come back at budget time. Member Breiner addressed Mr. Bernardi on the condition of the sanitary sewers mentioned on Page 3 of the booklet entitled, Capital Improvements and Financial Options, and asked if the City would have to pay for a survey and how much it would cost. Mr. Bernardi indicated there had been some televising of the pipes done in 1973, and some smoke testing, and he would review his records. Mrs. Breiner stated we wouldn't want to start digging up the streets and repaving them if we have to repair the sewers. Member Breiner referred to the Storm Drain Master Plan and asked for its status. Mr. Beyer replied that in terms of the Storm Drain Master Plan and the levees, staff has taken some steps to develop some additional information on the levees. Once the information is obtained, we will have to determine which plan we are going to use so that the City can generate revenue to implement that plan, and where the proposed new pump station might be located. Also, he indicated that the Master Plan does not address the question of our existing storm drains. Member Breiner stated that we should find out what a survey of the sanitary sewers would cost, and Mr. Beyer indicated he would bring back a report on both the sanitary sewers and the storm drain system. Member Nave expressed concern about the tidegates that are no longer manufactured. Mr. Bernardi replied that manufacturers are going to new designs and different methods, and to buy these new gates would mean that the pump systems would have to be modified. Mayor Mulryan stated that an assessment of the financial needs should be made for the next five years regarding the gates. Dick Endy, Public Works Superintendent, stated that the gates the City has right now are made by Alco and they no longer make hydraulic gates; they only make gravity pumps and for severe pump use they only last 3 years. If one gate falls off, the next tide floods the area. We have found a place in Fresno that can replace them, but it is expensive. Member Nave asked what it would cost to have them made, and Mr. Endy said that there is a place in Colorado that can remake the gates for about $10,000 each. Mayor/Agency Chairman Mulryan asked that a report be brought back to Council on gates and pump stations, with cost figures. Mr. Bernardi stated that funds have been budgeted for the past 3 or 4 years, but it really has not been enough. Mayor/Agency Chairman Mulryan referred to the roof leak at Fire Station #7 and said that it was rebuilt only 5 or 6 years ago. Fire Chief Marcucci stated that efforts have been made with the architect and the roofer, but they could not get satisfaction from them as to what could be done about repairing the leak. Member Frugoli stated that the high priorities were the storm drains, sanitary sewers and the condition of the streets; however, the flood areas have a higher priority. Member Russom agreed that the streets need repair but the flood area should get top priority. Mayor/Agency Chairman Mulryan invited comments from the public. Mr. James Carstarphen of Creative Merchandisers, Inc., 785 Andersen Drive, asked Council to give high priority to the problem of flooding in his area which has been going on for so long. Mr. Bernardi stated that the Council has authorized a contract for the installation of an emergency pump to help drain the area where his business is located. Mr. L. Felton also stated that the flood problem should be given high priority and that the good weather should not allow Council to forget the floods. Mayor/Agency Chairman Mulryan asked staff to look at funding sources for the priorities identified. City Manager/Executive Director Beyer stated that at staff level the issue of flooding is the top priority, and he intends to keep Council apprised of what is being done regarding the issue of flooding on a monthly basis. The joint meeting was adjourned at 9:30 PM. JEALV M. NCINI, City Clerk/Agency Secretary APPROVED THIS 57.4_Z DAY OF 1984 MAYOR/AGENCY CHAIRMAN OCIYY OF SAN RAFAEL *** *** *** *** *** *** *** *** 413 In the Council Chambers of the City of San Rafael, Monday, February 6, 1984, at 7:45 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor/Agency Chairman Dorothy L. Breiner, Councilmember/Agency Member Gary R. Frugoli, Councilmember/Agency Member Richard Nave, Councilmember/Agency Member Jerry Russom, Councilmember/Agency Member Also Present: Robert F. Beyer, City Manager/Executive Director; Jeanne M. Leoncini, City Clerk/Agency Secretary; Peter J. Muzio, City/Agency Attorney RE: DESIGN ALTERNATIVES FOR THE TRANSPORTATION CENTER (PW) - File R-81 x (SRCC 112-2 City Manager/Executive Director Beyer commented that Council/Agency Members, at the previous meeting of January 16, 1984, had directed staff to review the proposed schemes for this project and various alternatives. This has been done and the staff report incorporates nineteen (19) design conditions to be considered in the final design of the center. Additionally, there are two letters from the Downtown Parking District Advisory Committee and Downtown Retail Committee expressing concerns about parking for bus and van storage, employees, etc. Public Works Director Bernardi stated that Scheme C was selected because it most corresponds to the use of the railroad right-of-way in the north/south orientation, as well as with the goals of having as little impact on the streets as possible, and future uses of the right-of- way. Traffic Engineer Gerth stated that Scheme C is very workable. One of the key elements is the use of Hetherton Street for the bus stop, which is one of the conditions recommended for approval. The goal is to avoid having people walk several blocks to reach the bus. Further evaluations have been done with the Police Department whose recommendations will be submitted to the consultant for reinforcement of the conditions. Mr. Gerth explained further in detail how the different vehicles, including Greyhound, park & ride, etc., would enter and exit the center, and how some vehicles would be parked. At the present time, it seems that some of the parking spaces would be lost. Council/Agency Member Frugoli inquired how many 10 hour spaces would be lost, and how many are available on street and how many are available right now. Mr. Gerth replied that there are 8 spaces available on street and they would all be lost. There are 6 park and ride spaces available on-site, with the possibility of increasing the number of spaces to 10. Council/Agency Member Breiner asked how many employees are expected to be on the site, and Mr. Gerth replied one or two; a Greyhound employee and a District employee, possibly one employee performing a dual role. Council/Agency Member Breiner then referred to Condition Q which states that the existing commuter parking lot may be converted into an unrestricted facility. Mr. Gerth said that this responds to some questions that have been raised from members of the community. Currently, the parking is assigned to commuters, and is underutilized. One goal is to redesign the way the lot is controlled so that it won't displace the commuters, but use the parking in a better fashion. Another parking facility could be built; there are several options, but there will still be demand for commuter parking downtown. Council/Agency Member Breiner further inquired about the question of Marin Airporter using the facility. She felt that it would create increased traffic and will interfere with persons who must leave their cars all day. Traffic Engineer Gerth replied that the questions at the end of the staff report addressed these concerns and asked that limitations be redefined; that there is no convenient location for the commuters as all the parking areas are metered. Discussion was held regarding the availability or non-availability of space for parking, the distance people would have to walk to ride the bus, the lack of provision for handicapped facility and the hazards posed by the fact that people would have to cross heavily traveled streets to reach the center. Mr. Jerome Kuykendall, representing the Golden Gate Bridge, Highway and Transportation Dis- trict, stated that the Bridge District did not address the parking issue as part of this project. Referring to the reduced amount of parking, he said that what is shown on the drawing is what is available in space at the present time. Additional parking could probably be made available by covering the creek, and the whole parking situation could be made to work better. He felt that there are two things to be considered, (1) the policy matter for the Bridge Board to consider, covering the creek or perhaps going to the south to where the Corporation Yard or Shell Service Station sites are located, and other locations which could be developed, and (2) funding, getting the funding that is required for an expanded project including parking. Mayor/Agency Chairman Mulryan asked Mr. Kuykendall if he had any concerns about the conditions recommended by staff, and Mr. Kuykendall replied that he had some concerns about some of the conditions, but he recognized that a statement in the summary said that these are design conditions which should be addressed, that they are not absolute conditions that would prevent the project from going forward. He would be willing to review this and come back later and explain further some of the alternatives. 414 Council/Agency Member Russom asked whether funding for parking would be available from the Bridge District, and suggested that this policy issue be addressed by the Bridge District. Mayor/Agency Chairman Mulryan asked that the subject of parking be made part of the project. With no further questions, Mayor/Agency Chairman Mulryan asked when this would come back to Council/Agency, and Mr. Kuykendall replied that a month would probably be needed. City Manager/Executive Director Beyer asked Council/Agency to clarify whether they would support parking off site and the 19 conditions of the report. Council/Agency Members conceptually approved Scheme C subject to the 19 conditions as pre- sented, with emphasis to be placed on additional parking. There being no further business, the meeting was adjourned at 8:00 PM to the City Council meeting immediately following. JEANN LEUNCINI, CityClerk/Agency Secretary APPROVED THIS P-1 Wit- DAY OF 1984 LAWRENCE . MULRYAN, Mayor/Agency Chairman *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, February 6, 1984, at 8:00 PM. Regular Meeting: Present: Lawrence E. Mulryan, Mayor DorothyL. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Also Present: Robert F. Beyer, City Manager; Peter J. Muzio, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR: Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action 3. Appropriation of San Rafael's Allocation from RESOLUTION NO. 6929 - APPROPRIATING California Public Library Fund (Lib) - File 9-3-61 SAN RAFAEL'S ALLOCATION FROM CALIFORNIA PUBLIC LIBRARY FUND (In amount of $11,669 to the Library's Temporary Help Account) 4. Award of Bids: (GS) RESOLUTION NO. 6730 - AUTHORIZING AWARD OF BID FOR JANITORIAL SERVICES FOR SAN a. Janitorial Services for City Hall & RAFAEL CITY HALL AND SAN RAFAEL PUBLIC City Library - File 4-3-116 LIBRARY (To Marin Supply Co. for a total of $37,155/yr.) b. Radio Equipment for Police and Fire Departments - File 4-2-173 RESOLUTION NO. 6731 - AUTHORIZING THE PURCHASE OF RADIO COMMUNICATION EQUIP- MENT FOR FIRE DEPARTMENT SERVICE AND POLICE DEPARTMENT SERVICE: (Motorola Communications Engrs., Inc. for 3 Motorcyle Radios and 1 Base Station, Total Price $8,404.74, for Police Department. Radio Communications Service for 6 Base Stations and 1 Walkie-Talkie for a total price of $4,339.00 for Fire Department. Silverado Avionics, Inc. for 2 Mobile Radios and 2 White Net Mobile Radios for a total price of $3,029.37 for Fire Department.) 5. Authorization to Call for Bids - Albert Park Stadium Renovation (PW) - File 4-1-362 6. Resolutions of Findings Re Appeals of Handi- capped Requirements: (PW) a. 227 Third Street - File 13-1-1 b. 11 "G" Street (Monk's Inn) - File 13-1-1 7. Change in Meeting Date to Tuesday, February 21, 1984, due to Presidents' Day Holiday on February 20, 1984 (CC) - File 9-1 8. Status Report on Update of the Housing Element (Pl) - File 115 x 9-2-33 x 4-3-80 x 10-6 9. Claims for Damage: a. Ellin M. O'Brien (PD) - File 3-1-837 b. Gunvor Jorgensen (PW) - File 3-1-840 c. Orion Group, Inc. (PW) - File 3-1-843 d. Lewis A. Morgret (PW) - File 3-1-845 e. Prentis C. Rayford (PW) - File 3-1-846 f. Josette Castogne-Kwok (PW) - File 3-1-850 151M Approved staff recommendation. RESOLUTION NO. 6732 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 227 THIRD STREET. RESOLUTION NO. 6733 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 11 "G" STREET. Approved staff recommendation. Accepted report. Approved George Hills Co., Inc. recom- mendations for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1. APPROVAL OF MINUTES OF REGULAR MEETING OF JANUARY 3, 1984 AND SPECIAL AND REGULAR MEETINGS OF JANUARY 16, 1984 CC At the request of Councilmember Breiner, the following corrections were made in Minutes of regular meeting of January 3, 1984, Page 10, Item 34, last paragraph, second line, to read: "Andersen Drive Extension and Sir Francis Drake Boulevard", instead of Francisco Boulevard. In the Minutes of regular meeting of January 16, 1984, Page 5, Item 10, in Exhibit A, amended Paragraph (b)(6), fourth line, to read on-site "drainage" facilities. Councilmember Breiner moved and Councilmember Frugoli seconded, to amend the Minutes as requested, and approve Minutes of Regular meeting of January 3, 1984 and Special and Regular meetings of January 16, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2. BASIC LIFE SUPPORT (BLS) AMBULANCE CONTRACT (FD) - File 4-3-105 Councilmember Russom was concerned that the amount of $1,000,000 indicated in Paragraph 4E of the contract for public liability and Workers' Compensation Insurance would not be sufficient if an award higher than that amount were granted. Mayor Mulryan agreed and asked staff to bring back the resolution at the next meeting of February 21, 1984, revising the amount to $5,000,000. Item was continued to meeting of February 21, 1984. 10. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 633 DEL GANADO ROAD (PW) - Fila 1'4_1_1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed the Council indicating that Mr. Howard Crittenden, Jr., owner of the property, has a prospective tenant who wishes to remodel the space for a florist shop. The space contains 360 square feet. The refrigeration equipment cannot be made to fit the space if the enlarged handicapped toilet room is required. 416 Mr. Crittenden feels that this creates an unreasonable hardship and is requesting relief from the State mandated requirements. The Marin Center for Independent Living has been contacted, but no reply has been received at this time. With no comments from the public, the public hearing was closed. Councilmember Breiner moved and Councilmember Nave seconded, that the City Council, sitting as the Board of Appeals, uphold the appeal and directed staff to prepare an appropriate resolution and bring it back for consideration and approval at the next meeting. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 260 NORTHGATE I (HUNT'S DONUTS PW - File 13-1-1 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed Council indicating that Mr. Jeffrey Jones, representing Hunt's Quality Donuts, has requested relief from the requirement for an accessible toilet room stating that his business is not required to provide toilet rooms for the public. Even though this is true, it is felt that the small estimated cost of $1,460 (Hunt's is spending approxi- mately $8,000 for the alterations) is modest and the improvements should be required. The Marin Center for Independent Living has been contacted, but no reply has been received at this time. With no comments from the public, the public hearing was closed. Councilmember Frugoli moved and Councilmember Breiner seconded that the City Council, sitting as the Board of Appeals, deny the appeal and directed staff to prepare an appropriate resolu- tion and bring it back at the next meeting. AYES: COUNCILMEMBERS: Bremer, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. APPROVAL OF PULICE ADVISORY COMMISSION REAPPOINTMENTS, INCLUDING STAGGEkING Ur TERMS (CM) - File 9-2-28 City Manager Beyer referred to the interviews of January it, �.,lllssion, during wnicn the question of staggering the terms of Commission members was raised. Council took no action at that time. Also, Council discussed the desire to have an evaluation of all the City's advisory boards and commissions carried out by the Office of the City Manager. In view of the fact that it is expected the analysis and recommendations will not be completed for three months, it is recommended Council take no action at this time on the issue of stag- gered terms and reappoint the members for a period of one year. Council accepted City Manager's recommendation and reappointed the Commission members for a period of one year, to the end of January 1985. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Item No. 13 discussed after Item No. 22) 14. SALE OF SURPLUS PROPERTY AT ANDERSEN DRIVE AND BELLAM BOULEVARD TO MARIN SQUARE PARTNERS (RA) - File 2-7 Redevelopment Program Manager Ours briefed Council indicating that in March 1983 Council had authorized an encroachment permit to Marin Square for 973 square feet of City -owned right-of- way at Andersen Drive and Bellam Boulevard. Council also authorized issuance of Industrial Development Bonds to finance construction of the Marin Square project. The various financing institutions involved in the issuance of the bonds expressed extreme reluctance to proceed with the bond sale because of the encroachment permit, and they have requested that the encroachment area be owned in fee in order to proceed with the financing. Council authorized staff to have the property appraised. This has been done and Marin Square Partners have offered to buy the 973 square feet of encroachment. The City -owned property and Gary Place have been improved and will be maintained by Marin Square, in the amount of $25,915.00, plus traffic signal of $10,854.00 for a total amount of $36,769.00. In addition to these improvements, the City will receive cash payment of $5,000 for the 973 square feet. The total compensation the City will receive including improvements, traffic signals, cash and maintenance equals $41,769 - the fair market value of the 973 square feet is $11,700. The value of the easement to be granted by Marin Square to serve Gary Place has not been calculated but it will be considerably more than the value of the 973 square feet. 417 Staff is recommending first reading and passing the ordinance to print. In addition that an encroachment permit be granted so that the remainder of the surplus parcel be maintained by i Marin Square. The title of the Ordinance was read. "ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY (at Andersen Drive and Bellam Boulevard TO MARIN SQUARE PARTNERS) Councilmember Breiner moved and Councilmember Nave seconded, to dispense with the reading of the Ordinance in its entirety and to refer to it by title only for the first reading, and pass Ordinance No. 1477 to print. Also to grant the encroachment permit. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. RENEWAL OF AGREEMENT TO PROVIDE FOR GRAZING SHEEP ON OPEN SPACE LANDS (PW) - File 4-10-158 Public Works Director Bernardi stated that this item was continued from a previous meeting to allow time to resolve some of the questions Councilmember Russom had posed. Since that time, Councilmember Russom has met with the Park Superintendent and has surveyed the area, and it is now recommended that Council adopt the resolution authorizing the renewal of the agreement with Mr. Donald Mills for the grazing of sheep for one more year. The agreement has been modified to reflect changes requested by Councilmember Russom. Councilmember Russom moved and Councilmember Breiner seconded, to adopt a Resolution author- izing the signing of an agreement with Donald Mills for the grazing of sheep in City open space lands. RESOLUTION NO. 6734 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH DONALD MILLS FOR THE GRAZING OF SHEEP IN CITY OPEN SPACE LANDS. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom commented on the fact that when the Mont Marin Open Space Assessment District was formed 10 or 12 years ago, the people within the District voluntarily added an assessment to pay for improving the playing field. The money raised for that is restricted to be used only for the improvement of the open space. At the present time, there is about $5,000 in the fund which cannot be used for anything else. Councilmember Russom then stated that he would like to ask Council authorization to meet with the Association in Mont Marin and see if they agree to use the money for the purchase of portable fencing. There has been a problem with the sheep (eating flowers and getting in the playfield) which the ranger says can be solved by buying some fencing. The rest of the money could be used to improve the sprinkler system. He added that this would be legal and a reasonable use for the money. Mayor Mulryan asked the Councilmembers if they agreed to this, and permission was given to Councilmember Russom to approach the Mont Marin Association. Councilmember Breiner stated that she had received a telephone call from someone who takes tours to look at wildflowers and that person indicated that native wildflowers are being destroyed by the sheep. Councilmember Breiner requested that this be checked. Councilmember Russom stated that he, too, had received a couple of complaints along the same line and passed the letters on to Public Works Director Bernardi. It is feared that the area might be overgrazed. 16. FINAL ADOPTION OF ORDINANCE NO. 1476 - 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, rAITFARNTA_ C AS Tn RFC1ASSTFY CERTAIN REAL PROPERTY FROM R -1-B-2 AND R -1-B-3 SINGLE FAMILY - riie 5-1-cui x lu- Councilmember Breiner stated that it had been requested at the meeting of January 16, 1984 that the Ordinance reflect an amendment in Exhibit "A", Paragraph (b)(6), fourth line down, to read -on-site "drainage" facilities. City Attorney Muzio indicated to Council that the Charter requires than when an ordinance is amended after it has been passed to print, there must be a re -publication in full of the entire ordinance before it can be adopted. City Attorney Muzio suggested that Council could either ask for the amendment with re -publication or to adopt the ordinance as presented, and to ask staff to prepare an amendment of Exhibit "A" to be brought back at the next meeting. 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 R -1-B-2 AND R -1-B-3 (SINGLE FAMILY RESIDENTIAL, MINIMUM SITE AREA 105000 SQUARE FEET AND 20,000 SQUARE FEET, RESPECTIVELY) DIS- TRICT TO P -D (PLANNED DEVELOPMENT DISTRICT) (IRWIN STREET WEST OF BRET HARTE VILLAGE) Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Ordinance No. 1476. Staff was instructed to bring amended Ordinance to include the words - on-site "drainage" facilities - in Paragraph (b)(6) of Exhibit "A" at the next meeting of February 21, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. SAN RAFAEL CANAL (PW) - File 12-9 x 12-10 a. Report on Meeting with Corps of Engineers Public Works Director Bernardi stated that he and City Manager Beyer met with a number of staff members from the Corps of Engineers. They indicated that they were in the process of reviewing two alternatives outlined in the City's Phase I Storm Drainage Master Plan, namely levee improvements along the entire length of San Rafael Canal or the lock system. They have in- dicated that the lock system, if constructed, would cost approximately 20 to 25 million dollars. They stated that the concept they are considering is a "fibra -dam". It is similar to that currently being used on Alameda Creek in Sonoma County. The other option they are considering is the construction of a flood wall/levee which is estimated to cost between 15 and 20 million dollars. They have estimated that the length of this wall would be 24,000 linear feet. They have indicated that this would be very difficult to implement because of the physical improvements constructed by various property owners along the Canal. This study will be completed by mid-March, 1984. The Corps staff are now in the process of evaluating the cost benefit ratio for each of these alternatives. Once the cost benefit ratio is established, then the Corps will determine whether or not either alternative is worth pursuing for further investigation and ultimate implementation. Finally, Corps of Engineers staff indicated to us that once the improvements were constructed, that maintenance of these improvements would be the responsibility of the City of San Rafael. We have preliminarily estimated the cost of maintenance for the lock system to be approximately $250,000 per year and have very roughly estimated the cost of levee maintenance to be approxi- mately $50,000 per year. b. Report on Site Investigations As directed by Council, City staff has begun the task of completing a site -by -site survey of those properties along San Rafael Canal that the City has maintenance responsibilities over. The precise mapping of these easements is now completed, and the field survey phase has begun. It is estimated that it will be necessary to spend approximately $1,000 for the purchase of supplies and equipment rental to assist in meeting the commitment to the Council. The survey work should be completed in approximately one minute. All the work should be completed and presented to the Council at the second meeting in March. Council accepted the report. (Item taken out of order.) 22. CONSIDERATION OF REFERRAL FROM LOCAL AGENCY FORMATION COMMISSION (LAFCo) RE DEERFIELD ANNEX- - rile o -c -b/ Mayor Mulryan stated that this item has been brought to the Council meeting as a response to LAFCo's request for City comment and recommendation re the Deerfield Park Reorganization proposal. The City is well acquainted with this subject which has been discussed a number of times, and the staff report recommends that the Deerfield Park subdivision annex only if the Marinwood and Upper Lucas Valley communities annex at the same time. City Manager Beyer reaffirmed the Mayor's statement and said that, upon direction from Council, the policy in relation to this general area has been reviewed. What has been found in review- ing this issue is that there is a distinct difference in looking at property in Upper Lucas Valley and in looking at those bordering the 101 Corridor whether they be on the east or west side of the 101 freeway. The only major revenue source from the area is the property tax, and the cost of the three potential services we would provide would be for Public Works, Police and Fire. It would not be cost effective to do this because of the cost of providing the fire protection, the maintenance of public streets in the area to be annexed (the estimated annual ongoing public costs for maintenance and repair would be approximately $80,000). The Police services would approximate $40,000 annually because of the additional patrol and traffic and accident investigation services which would have to be provided. There would be immediate annual costs of $120,000 annually, against revenues of $243,750. However, there must be included a fire station relocation which would cost approximately $750,000. 419 One of the major concerns has been the slow response from the County to the City's adoption of the Northgate Activity Center Plan, and the recommended conditions to be imposed on the devel- opment, especially as it relates to traffic mitigation fees. A letter was sent to the County last October indicating the City's reluctance to deal any further with the North San Rafael Plan until a response from the County was received as to how to deal with the issue of the Northgate Activity Center Plan. A response from the County Planning Department arrived late on February 3, 1984 which indicates their position, mainly on traffic mitigation fees. It also states that conditions have been imposed on this development as it was approved in the County; however, the flat fees and the impact in terms of funding and what contribution it will make to Lucas Valley 101 intersection have not been determined. The City has a concern about that and it is felt that the subject should be dealt with at the County level. Mrs. Margorie Macris, Marin County Planning Director, stated that the subject of traffic mitigation fees will be discussed with the County Planning Commission in March, 1984. She indicated they want to work with the City re the Northgate Activity Center Plan. Councilmember Breiner requested that more detail be given about the Fire Agreement and how it works at the present time. Fire Chief Marcucci showed on a map the locations of the Civic Center Station, the Joseph Court and Marinwood Stations and stated that the station having jurisdiction will first arrive on the scene, and if it determines that it cannot take care of the problem, it can call the next station for assistance. As far as Marinwood is concerned, if there is a medical emergency, Marinwood is the closest one to respond to the call. Also in the case of Marinwood, if there is a structural fire in the area, we would dispatch one Marinwood engine along with two of the San Rafael station, backed up with a paramedic unit. The section west of Juvenile Hall is referred to as CSA 13 and is a part of the Lucas Valley area. Marinwood then provides fire protection to that area. Several persons in the audience addressed the Council with their comments and concerns. They were Messrs. Howard Council, Ron Marinoff, John Hammond, Irving Schwartz and Chuck Carl. City Manager clarified to Council that inherent in his recommendations was the waiving of the dual annexation policy. Councilmember Breiner wanted to know what would be the expectation if the City were to cover Deerfield. She indicated there is quite a difference in geographical coverage, and in looking at the statistics, it is evident that the City is doing a lot more than giving fire assistance. She stated that she is reluctant, if we do not annex, that the City will take on further burden of back-up free of charge. Councilmember Frugoli stated that it is not free of charge, that it will be handled the same as it is done now with the Community Services District. After further discussion, Councilmember Breiner moved and Councilmember Frugoli seconded, that the City Council affirm its policy adopted in April 1983 providing that the Deerfield Park subdivision annex only if the Marinwood and Upper Lucas Valley communities annex at the same time, and waiving of the dual annexation policy. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. CERTIFICATE OF CONVENIENCE/RADIO CAB COMPANY (Fin) - File 9-9 This item was taken out of order at the request of Mr. Greg Homan of Yellow Cab Co., while awaiting the arrival of his attorney, James Kennedy. Finance Director Coleman stated that at the present time there is only one taxi cab company operating in San Rafael. The cars have been deteriorating, generating complaints from persons who ride in them, and there have also been problems concerning an adequate amount of insurance for the cabs and the proper meter rates. The present applicant is Radio Cab Company which will operate 6 to 7 cabs in San Rafael, if approved. This would provide a choice for the persons who ride cabs, and would alleviate some of the parking problems. It is recommended that Council approve the resolution granting a Certificate of Convenience. Mr. Tad Alvord, General Partner of the Radio Cab Company, referred to the present situation of the Yellow Cab Company which is deteriorating and affirmed that the Radio Cab Company was anxious to offer its services to the City of San Rafael, and had several letters from bus- inesses and the Chamber of Commerce in support of the application. The company will offer 10% discount to handicapped persons and senior citizens, and a free drunk -driver program around the holidays. James Kennedy, Attorney representing Yellow Cab Company, stated that Mr. Homan presently has the franchise to operate his cabs in San Rafael. Before the granting of the Certificate of Convenience, it is felt that the City should make the findings under Section 10.60.030 of the Municipal Code. Nothing in the report demonstrates that these findings have been made. Regarding the condition of the company, they have been under but are emerging, and would be hurt by another company operating in the same area. It is requested that the application be denied. 420 Attorney Herbert Hawkins, Attorney representing Radio Cab Company, indicated they could see nothing wrong with having two cab companies in San Rafael. He stated there is a viable, energetic, well-equipped company which is prepared to succeed in San Rafael, and it appears that the staff report was well researched and its conclusions are sound. Mr. Lawrence Harvey, owner of the Mill Valley Bel Air Taxi Cab, said that he has been in business for 10 years and sees no need for another cab company in San Rafael. It is for that reason that he has not applied for a permit to serve San Rafael. As far as equipment and services are concerned, they are all about the same. Consideration should be given to others who might be interested in operating taxis in San Rafael also. Councilmember Frugoli stated that he had checked with a number of establishments in San Rafael on the time response of the Yellow Cab Company. He found that people have waited as long as one hour and sometimes longer for the cab to arrive. Also, it seems that the equipment is in disrepair. Councilmember Nave stated that he, too, had inquired about the Yellow Cab Company and found the same problems of lateness, and even cabs that did not show at all. Councilmember Frugoli moved and Councilmember Russom seconded, to approve granting the Certi- ficate of Public Convenience to Radio Cab Company. Staff to come back with Resolution with findings at the next meeting of February 21, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. CONSIDERATION OF ACTION OF SAN FRANCISCO FOUNDATION RE BUCK FUNDS (CM) - File 194 Mayor Mulryan stated that perhaps Council would like to have a public discussion on this subject. He added that he would like to offer assistance as amicus curiae to the County in their lawsuit regarding the Foundation. Also, he would like to see the City take a leadership role and see that all the cities take a unified position with respect to how we, as the City, and representatives of the County feel about the action the Foundation has taken. City Attorney Muzio stated that his office will look into the status of litigation and how the County is handling this matter and report back. Councilmember Breiner stated that she attended a meeting at which one of the discussions centered on the possibility of the mayors getting together. City Manager asked Council if they wished to take some action to counter the direction taken by the San Francisco Foundation. Staff was directed to investigate Cities and County actions and to come back at next meeting of February 21, 1984 with specific recommendations. 19. PEACOCK GAP IMPROVEMENT DISTRICT (PW) - File 6-37 Public Works Director Bernardi stated that petitions have been signed by property owners representing more than 60% of the land area subject to assessment in this proposed improvement district. Property owners within the district include N.Y.-Cal Industrial Corporation, American Savings and Loan, San Rafael School District, Lands of Dole and the Roman Catholic Church. Improvements will involve (1) the installation of a water storage facility to be owned and operated by Marin Municipal Water District; (2) the realignment and change of grade of San Pedro Road from Riviera Drive to Biscayne Drive; (3) the acquisition and improvement of Peacock Gap Neighborhood Park; and (4) the installation of complete street improvements and associated public utilities on lands of N.Y.-Cal Industrial Corporation and San Rafael School District. It is proposed the improvement district be formed under the Municipal Improvement Act of 1913 and bonds issued under the provisions of the Improvement Bond Act of 1915 for the acquisition and construction of the public improvements described previously. Mayor Mulryan asked whether there was any controversy on this, and Public Works Director Bernardi replied all the aspects of the assessment district procedures have been reviewed with the Peacock Gap Homeowners Association, and the next phase will be the Engineer's Report coming before the Council and the authorization from Council to call for bids. Councilmember Frugoli moved and Councilmember Nave seconded, to accept petitions for filing. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Russom seconded, to adopt resolution determining to undertake Proceedings (PG -1). 421 RESOLUTION NO. 6735 - DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO THE MUNICIPAL IMPROVE- MENT ACT OF 1913 AND ISSUE BONDS IN SAID PROCEEDINGS UNDER THE PROVISIONS OF THE IMPROVEMENT BOND ACT OF 1915. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Frugoli moved and Councilmember Nave seconded, to adopt Resolution appointing Engineer of Work, Project Engineer, Underwriter and Bond Counsel (PG -2). RESOLUTION NO. 6736 - APPOINTING ENGINEER OF WORK, PROJECT ENGINEER, UNDERWRITER AND BOND COUNSEL AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Nave moved and Councilmember Breiner seconded, to adopt Resolution Approving Map of Proposed Boundaries of Assessment District (PG -3). RESOLUTION NO. 6737 - APPROVING MAP OF PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom moved and Councilmember Frugoli seconded, to adopt Resolution of Intention (PG -4). RESOLUTION NO. 6738 - RESOLUTION OF INTENTION AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. CC83-14 AND CC83-15 - CERTIFICATES OF COMPLIANCE FOR TWO LOTS ON SANTA MARGARITA DRIVE; R. BERNT AND SONS, OWNERS; 10-262-21 D 1 - File - Planning Director Moore stated that the owner of two contiguous lots located at 334 and 340 Santa Margarita Drive, Lots 23 and 24, has requested that the City recognize two legal building sites and issue two Certificates of Compliance. The square footage for each lot is 6,650 square feet and a slope of 35% to 40%. The lots do not meet slope standards and are subject to the City's lot merger ordinance. In 1983, the City received a similar request for two Certi- ficates of Compliance for two identical adjacent lots (Lots 25 and 26). Staff recommends that the City recognize both Lots 23 and 24 as legal building sites through issuance of individual Certificates of Compliance. This is consistent with previous Council action on the adjacent properties and would grant equivalent rights to the applicant. It is also recommended that design review by the Planning Director be required, and that Design Review submittals be accompanied by geotechnical reports adequate to insure proper design of foundations, retaining walls, etc. Public Works Director Bernardi stated that as far as the development of these properties is concerned, a geotechnical investigation has been required, so that the concerns with regard to geologic instability have been addressed. They will basically require Level C investigation which requires borings and subsequent investigation to determine if the site can be developed adequately without damage to the properties down below it. Councilmember Nave moved and Councilmember Frugoli seconded to recognize the two legal building sites and direct Staff to issue individual conditional certificates of compliance. City Attorney Muzio reminded Council to declare its intent now and that Resolution of Findings be brought back at the next meeting of February 21, 1984. Mayor Mulryan concurred and asked that this be made a part of the motion. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. RECOMMENDATION FOR IMPLEMENTATION OF COMPUTER MANAGEMENT INFORMATION SYSTEM (CM) - File 4-3-117 City Manager Beyer stated that for several years now the City has been looking at its computer needs, and has looked at a number of options in 1984. Pam Nicolai, Assistant City Manager, briefed Council indicating that about a year and a half ago a Task Force consisting of City staff was created by the City Manager to review the needs of the different departments and to determine which are individual needs which are not uni- versal to other departments. It has been determined that there are common needs in the areas of Personnel, finance, budget preparation, word processing, and geo-base file. 422 In-house management information system would involve acquiring hardware as well as software programs. It would also require additional personnel to staff, manage and implement these programs. The service bureau approach would involve contracting with one or more companies which provide data base and software. This method is presently being used in the Finance Department. The facilities management company would use their company to create a data processing depart- ment for the City. The company would be responsible for the acquisition and development of the hardware and software programs that would solve our management information needs. We would be contracting with that company for a service level only. The facilities management company would also assign personnel with knowledge of programming and developing the system to meet our needs as those needs change. In reviewing the three programs, staff has concluded that the facilities management approach is the best for San Rafael at this time. It is recommended that Council authorize staff to negotiate a five-year contract with CMSI. It is highly recommended, in addition, that Council agree to implementation of all of Phase I during this fiscal year (83-84). It is further recommended that Phases II and III be imple- mented over the next two to five years. Funds are budgeted through Revenue Sharing for the one time installation/hardware upgrade costs. A short period of questions and answers followed during which Councilmembers asked for some clarification of the report, and it was pointed out that it would be important to ascertain that this supplier will give the best service. City Manager Beyer replied that other companies could still be checked, and that the contract will be written so that, if in a year or two, things are not working out the City could get out of the contract. He also stated he would like to see the program approved so that it can be implemented by the beginning of the fiscal year. Councilmember Breiner moved and Councilmember Frugoli seconded to authorize staff to negotiate a five-year contract with Computer Management Systems Inc., to be implemented at the start of next fiscal year. 23. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Assistant City Manager Pam Nicolai reported that SB 778 (Dills) Binding Arbitration bill was defeated, and that thanks should be extended to Senator Marks for his role in helping to defeat SB 778. SB 1300 (Marks) and AB 2468 (Cortese) Long -Term Local Government Financing. The League expects the constitutional guarantees and the level of city funding to be hotly con- tested. The League encourages city officials to participate in the League's "March on the Capital" on February 28, to reinforce the importance of these two issues. Council accepted report. ADD ITEM - REQUEST BY REDEVELOPMENT CAC CHAIRMAN FOR MEETING WITH COUNCILMEMBERS - File 140 x At the request of Don Dickenson, Redevelopment CAC Chairman, Councilmembers Frugoli and Russom to meet with Redevelopment CAC on Thursday evening March 1, 1984, to discuss the Committee's future role and responsibilities. CLOSED SESSION 24. Closed Session to Discuss Pending Litigation - File 3-2-41 The Council adjourned to Closed Session to discuss pending litigation, then reconvened in public and authorized Mayor to approve on behalf of the City, settlement of litigation in- volving the City entitled FARRELL/O'KEEFE, et al, v. EAST SAN RAFAEL DRAINAGE ASSESSMENT DISTRICT NO. 1, et al, on the terms recommended by the City Attorneys. 423 The Council then adjourned to a Special Joint Workshop with Planning Commission to discuss East San Rafael, on February 13, 1984 at 7:30 PM. F JONNS M. LEONCININ, City Clerk APPROVED THIS .2J af` DAY OF 1984 MAYOR OF THE CITY OF S NRCAFf *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, February 13, 1984, at 7:30 PM. Special Joint Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Present: Maynard H. Willms, Chairman Robert E. Hoffman, Commissioner Richard M. Norman, Commissioner Michael J. Smith, Commissioner John A. Starkweather, Commissioner Absent: Albert J. Boro, Vice -Chairman Bob Livingston, Commissioner Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Anne Moore, Planning Director RE: WORKSHOP ON EAST SAN RAFAEL - File 10-2 x 218 x SRRA R-189 Mayor Mulryan stated that the purpose of tonight's meeting is to review jointly with the Planning Commission the important land use planning issues in East San Rafael. Planning Director Moore informed Council that this workshop has been widely noticed. The area that attention will be focused on is slightly larger than the Northgate area. There are many projects listed in the report, projects under construction; approved projects not under construction; pending projects and future projects. Building Permits have presently been issued for approximately 70,000 sq. ft. of retail and over 200,000 sq. ft. of office with over 50 residences. Approved projects total up to over 200,000 sq. ft. of office - light in- dustrial, and over 40 residences. Applications are currently pending for 50,000 sq. ft. of commercial, 250,000 sq. ft. of office, almost 30,000 sq. ft. of office/industrial uses and over 1,000 residential units. Also, there are future projects that, if the kind of land use structure used in the past is used now, could result in the development of 176,000 sq. ft. of retail, over 2,000,000 sq. ft. of office and light industrial development and in addition, 200 residences. The reason for this discussion this evening is in recognition of these develop- ments along with current and future traffic congestion. Ms. Moore stated that the current Level of Service at the critical Bellam Blvd. intersection is well within Level of Service D, and it is anticipated that it will be very difficult in the coming year prior to construction of the three interim improvements, which have been described numerous times to maintain that Level of Service D. It is anticipated that there will be some noticeable change in that area with the opening of the Marin Square Shopping Center. There are currently approved projects, on paper only, which show that there are enough projects approved to utilize all the additional capacity that will result from the interim improvements. Several of these projects, such as the Bayview Business Park project, are very large projects (about 4,000,000 sq. ft.). It is not possible, however, to be specific about the Long Term Improvement projects, mainly because so much of the data has to do with traffic count and changes in trip generation from various land uses in the area which are new, so there has not been enough time to evaluate them for an area as large as this one. In 1982, 8 signalization projects and 12 major roadway improvement projects were identified. The signalization projects and 12 major roadway improvement projects for which the City recognizes it has an obligation to be involved in the funding, total over $7,000,000 in cost in today's dollars. There are three major roadway improvements that the City has identified as State responsibility that are currently roughly estimated to cost $30,000,000, for a total improvement package of over $36,000,000. It is expected that a new east/west connector is going to be needed, south of the Bellam corridor due to intensification of land uses; and eventually, it may be necessary to make some upgraded improvement at the San Quentin interchange. 424 Regarding the Neighborhood Plan detailed in the staff report, the schedule that is anticipated is that, given the amount of time it will take for the consultant selection, it is expected that the consultant will be working on development of the draft neighborhood plan from March through December, 1984, with a draft plan completed this calendar year, and ready for Planning Commission and City Council review and consideration in 1985. Also, as a result of its review of the final EIR and associated applications for the Canalways project, the Planning Commission made a referral to the City Council for policy direction and guidance as to how to process development applications during preparation of the neighborhood plan. While the Commission did not make a specific recommendation on what it thought should be done, their action was interpreted as their recognition that this is a very major project, and the EIR shows that there are some potentially significant traffic effects for the project, and that was the rationale for the referral. Another referral has been associated with the Wendy's Restaurant, a much smaller project, but one which is the first project which has come along since the Bayview Business Park for City authorization to construct. The Commission has raised the question, since we know it is going to take a year to construct the interim improve- ments, what will happen with Wendy's since they already have approval for all the capacity that is going to be gained with the interim improvements. Additionally, there has been significant discussion of the amount of traffic mitigation fees for all projects, which focus again first on Wendy's because it is the first project that has come to the Planning Commission after Bayview Business Park. The City has tried to be very flexible and accommodating to construction of new development, and at the same time as new information has become available, adjusted the traffic mitigation fees as necessary. This is quite a different approach to that which was used in the Northgate Activity Center plan area, where we had approximately a two year period of time when we had a processing moratorium for new development, and there were difficulties with that kind of approach. Councilmember Breiner had several questions relating to CalTrans, etc., also when the auxil- iary lane would be built. Public Works Director Bernardi replied that the City is currently preparing plans for the project and expects to go to bid in the Spring of 1985, with con- struction to start in the Fall of that year. Councilmember Breiner asked if the project would be finished by the Fall of 1986, and Mr. Bernardi said it would. She also asked whether there has been any way available to distinguish between what the level of service might be when those improvements are finished, and how that would affect the level of service here. Mr. Bernardi said that it has been difficult to establish the level of service at the interchange now because of the need to try to account for the trips that are diverted from the freeway. Councilmember Breiner then asked what the cost would be for the east/west connector and how much need there would really be for that. Planning Director Moore replied that it would help the east/west traffic (not necessarily coming from the freeway), and with the extension of Andersen Drive to the south, east of Sir Francis Drake Blvd. and ultimately to the north of "A" Street. There would then be a circulation pattern, with some parallels and alternates to the few routes that drivers are now using. There is no way to know how much that would help at this point, but there will be more information in the next few months as the alternate transportation package is prepared. Councilmember Frugoli asked if the connector would allow much of the traffic to go right on Highway 101 going north instead of going on Bellam Blvd., if there was a ramp. Planning Director Moore replied that what is anticipated for a crossing such as the one at Irene Street would simply be a connection between east and west, not on or off ramps, with Highway 17 or 101. Councilmember Frugoli asked if an on-ramp could be put on Highway 17 from there, and Ms. Moore replied that it is too close to the existing Bellam interchange; the major improvement that needs to be done there is to get rid of one of the three intersections that are too close together now and relocate the existing northbound on and off ramp to Highway 17 to the south of Bellam Blvd. Councilmember Frugoli also inquired about the Level of Service D. He stated that he has been going there at peak hours and other times to watch and has noticed that the congestion is around 4:30 P M for about 1-1/2 hours. Ms. Moore replied that according to the information available, there is peak traffic at Noon also, with about 90% of the peak traffic at the PM hours. Councilmember Russom asked Ms. Moore to define clearly the term "use by right". Ms. Moore replied that the "use by right" is one which is allowed in the zoning district - it requires no Use Permit; for example, in a general or commercial district, a retail establishment is a "use by right". It is only a change of ownership. Councilmember Russom asked why were the 1982 traffic mitigation fees authorized by Council in East San Rafael so much lower than the Northgate fees, at roughly the same time? Was it because of the improvements that had to be made? Ms. Moore said that was true, and also because there has always been a City acknow- ledgment that there would be other funding sources looked to for the improvements in the East San Rafael area; State, Federal and Redevelopment, and City funding. The Northgate Activity Center Plan is based solely on traffic mitigation fees paid by new development. 4c25 Councilmember Nave asked two questions. In looking at the Bayview Business Park and Northgate Activity Center mitigation fees that were set in 1982 at $890, and $1,890 for the Bayview Business Park; actually, in negotiations with the owner and legal counsel they volunteered to pay $350,000, because payment would be spaced over a seven-year period. Councilmember Nave asked if this would be used as a bench -mark, as he felt this would be unfair, especially if you had a Wendy's or some other store where the fees would not be spaced over a seven year period. The other question had to do with the density of uses in the area, and the fact that it would take away a lot of rights of the individuals who had retail store businesses, if they were obliged to apply for Use Permits, in addition to creating a large amount of projects for the Planning Commission to review. Mayor Mulryan stated that he felt this was a legitimate worry and that it will be one of the things discussed at this workshop. There should be simpler controls, simpler review to prevent the traffic from becoming so intolerable that the businesses won't work. To clarify Councilmember Nave's concerns, Mayor Mulryan asked for clarification of what is meant by intensifying the Use Permit process. Planning Director Moore replied that at the very least what is proposed is that this be considered during the preparation of the Neighborhood Plan, and the Neighborhood Plan in its recommendation for specific implementation measures would have to contain a recommendation as to whether that level of control would be necessary. Ms. Moore said that there were other ways that Use Permits could be handled, but she had not prepared a proposed zoning ordinance for consideration at this time. Councilmember Breiner asked Ms. Moore if it is correct to assume that many of the buildings were originally built as warehouse -type buildings that did not require many employees, or much parking, and as the office demand increased, it created the intensification that was mentioned earlier. So, through the overlay process of the Neighborhood Plan that type of usage could be controlled better. Ms. Moore said that this was correct and that right now there is only business license enforcement which is used whether the parking is adequate or not. With the Use Permit process, the Planning Department would have the right to determine whether an increase in intensity was in the City's best interest or not. Planning Commission Chairman Willms asked Ms. Moore to clarify that the areas that were being discussed were basically zoned "C2" and "M". Ms. Moore said that this was correct. She pointed out in the report that she was concerned about the large amount of "U" (Unclassified) zoning in the area. "C2" and "M" are the two districts that need to be looked at. Councilmember Frugoli expressed some concern about the previous discussion regarding govern- ment controls - who is going to be allowed to move into the area and who is not because of the traffic they would generate. He added that he felt the people should not be dictated to by government in this manner. Mayor Mulryan indicated that alternatives should be explored if we assume that we cannot allow all development without some regard as to when the long-range improvements are going to be made. There was more discussion regarding the control of traffic in the area, and the revenue generated by old and new businesses, with Councilmember Nave reiterating his doubts about the appropriateness of Traffic Service D or E being the answer to the traffic problems. He stated that he would not like to see a moratorium or anything that would hold up the progress. He said that he would like to see the Planning Commission and Council work together on the criteria that Ms. Moore was referring to and to make it a base line or a guideline to learn more about the problems and the way to handle them. Mayor Mulryan said he could not disagree with that, in addition there are people who own property and want to know if they can develop it in accordance with guidelines today. Planning Commission Chairman Willms stated that this was the intent of the Planning Commission when it requested that this workshop be held, to ask some guidance from the Council. However, it is felt that some compromise is necessary with the neighborhood as well as with the businesses. Commissioner Michael Smith stated that he agreed with Mr. Nave's earlier comment that the mitigation fees should not be based on a negotiated settlement that was made on the Bayview Business Park. He stated that he also agreed with Mr. Willms' feeling that there will be some disappointments by developers and homeowners for the next couple of years, but he feels that there is flexibility in looking at projects and what good they will bring for the community - traffic flow vs. gain in sales tax. Commissioner Richard Norman stated that the problem, as he sees it, boils down to a conflict in policies and development criteria. He stated he finds it very difficult to judge the merit of projects when they have no criteria, no level of service, etc., and to try to develop on the one hand the neighborhood plan criteria, and on the other hand to have to act on a specific project which may be in conflict with what will come up two years from now, we need better policy guidance. Commissioner John Starkweather stated that he feels it is just as important for people who operate businesses in the area not to have a complete deadlock in the congestion, as it is for those who wish to get to the businesses. The whole purpose of the planning process is to find some way to balance these conflicting pressures, and it is not enough to say that we should allow a lot of development for tax dollars, disregarding the problems connected with the development. Councilmember Russom stated that the remarks made by the Planning Commission were valid. 426 Mayor Mulryan stated that much work has been done to help the area already, but the problem has been the lack of funds for the roadway improvements, and added that he hoped funds could be obtained from CalTrans. s Councilmember Frugoli agreed with going to CalTrans for assistance, stating it is important to establish a sequence for development. Discussion followed on the subject of funding, traffic, development, etc., and the best way to handle the problems, and most speakers agreed that a moratorium should not be declared in East San Rafael and that Level of Service D regarding traffic would be acceptable. Mayor Mulryan then invited comments from the public. i Albert Bianchi, attorney representing sponsors of the Canalways Project, stated that there is presently and,poten.tal,ly a traffic problem in this area and that it should be solved. Also, the City should continue to process applications as they are received; concurrently proceed to evolve the Neighborhood Plan which should accommodate pending projects; incorporate the needed traffic mitigation fees required and identify other needs. Marta Sullivan, representing Friends of Spinnaker Point, questioned Part B of the staff report regarding the overlay zoning ordinance. She indicated that there is more than a traffic problem with the Canalways Project - the height of the building, the location in San Rafael, the density of the project, and the fact that it involves a lot of development in a small area. Mrs. Golda Frederick, speaking as a resident of Spinnaker Point, referred to the traffic situation in the area of Francisco Boulevard and stated that it has become so difficult that she is moving out of the area, and added that many other residents of Spinnaker are also moving out. Also, she stated the Council and Planning Commission should be concerned about the Neighborhood 30 Plan, that the open space should be preserved for the people and the endangered species and wild life. William T. Bullard, attorney representing Mr. Gilmore (franchisee for Wendy's), stated that even though he had written a letter to Council, he wished to reiterate a few points at this time. The first concerned the timing of the issuance of the building permit as it relates to completion of the interim traffic improvements, and the second to the amount of traffic mitigation fees. He stated that the timing would place Mr. Gilmore in a bind and cause a real hardship. Mr. Bullard also referred to the amount of traffic mitigation fees, and said that there is precedent at Northgate and the East San Rafael area. The peak hour trips and "captured" trips should be taken into consideration, as well as which intersections are affected, and what kind of fees have been levied in the past. Angela Wood, resident of Spinnaker Point, stated that having lived at that location for 3-1/2 years, the traffic situation is intolerable. She felt that the Canalways Project should be delayed until the Neighborhood 30 Plan has been completed. Kathy Campbell, representing the Canal Community Alliance, read excerpts from the General Plan and reminded Council that the document emphasizes growth while protecting neighborhood char- acter. She stated that there has been much concern about the traffic, noise element, air quality, volume over capacity, and fair share traffic. Ms. Campbell stated that, speaking for the Canal Community Alliance, she was reiterating that they do not call for or support a moratorium, they do not believe there should be any amendment to the General Plan, and that developments should work hand in hand. Gil Deane, resident of Vista del Mar in San Rafael, stated that he has serious concerns about some of the arguments he heard earlier in the evening. He felt that the approval of projects is contingent upon the sales tax revenues that projects will produce, and added that he hoped Council and Planning Commission would not minimize the horrendous traffic problem that exists not only at 4:00 or 4:30 PM on Fridays, but many times throughout the day. Don Dickenson, 327 Jewel Street, speaking both as a resident and as a member of the Board of Directors of the Marin Conservation League, stated he was concerned about the issue of whether or not the City should be considering amendment to the existing public policy during the preparation of the Neighborhood 30 Plan. He said the Conservation League is very concerned about two of the projects, Canalways and Spinnaker, and the protection of the wetlands, a 2 known site of endangered species. Mayor Mulryan stated that as this was a workshop, no formal action would be taken at this time. k i F 427 City Manager Beyer indicated that the problems mentioned at the workshop will be placed on the Council agenda for the meeting of February 21, 1984. Mayor Mulryan then adjourned the meeting. JFONNE M. LEONCIN City erk APPROVED THIS 5:*� DAY OF , 1984 fAOR F H CI .Y F AN RAr EL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Tuesday, February 21, 1984, at 8:00 PM. 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; Peter J. Muzio, City Attorney; Jeanne M. Leoncini, City Clerk CONSENT CALENDAR: Councilmember Breiner moved and Councilmember Nave seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Special Joint Meeting with Redevelopment Agency, and Regular Meeting of February 6, 1984 (CC) 3. Resolution of Findings for Certificates of Compliance for Two Lots on Santa Margarita Drive; R. Bernt & Sons, Owners; AP 10-262-21 & 22 (Pl) - File 2-7 4. Report on Bid Openings and Awards of Contracts (PW): a. Pump Station Modification Vicinity 555 Francisco Blvd. East - File 4-1-359 7. Request for Authorization of Expenditure from J. Harold Dollar Trust for Falkirk Restoration (Lib) - File 8-19 10. Resolutions of Findings Re Appeals of Handicapped Access Requirements (PW) - Fila 1'4-1-1 a. 633 Del Ganado Road b. 260 Northgate I (Hunt's Donuts) 11. Resolution of Findings for Issuance of Certificate of Public Convenience to Radio Cab Company (Fin) - File 9-9 12. Planning Commission Referral of Canalways Environmental Impact Report (EIR) (Pl) - File 5-1-288 Recommended Action Approved as submitted. RESOLUTION NO. 6739 - GRANTING APPROVAL OF A CERTIFICATE OF COMPLIANCE FOR 334 AND 340 SANTA MARGARITA DRIVE (Lots 23 and 24, Record Map -Book 6, Page 16) RESOLUTION NO. 6740 - AWARD OF CONTRACT FOR PUMP MODIFICATION VICINITY 555 FRANCISCO BLVD. EAST -PROJECT NO. 19-1998957 (to Maggiora & Ghilotti, low bidder, in amount of $12,199.50). RESOLUTION NO. 6743 - AUTHORIZING EXPENDITURE FROM J. HAROLD DOLLAR TRUST (In amount of $6,000 for Falkirk Phase III Restoration) RESOLUTION NO. 6745 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 633 DEL GANADO ROAD, UNIT 4 RESOLUTION NO. 6746 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) DENYING APPEAL FROM STATE ACCESS REQUIREMENTS - 260 NORTHGATE I RESOLUTION NO. 6747 - ISSUING A CERTIFICATE OF CONVENIENCE AND NECESSITY TO RADIO CAB COMPANY Set date of March 19, 1984 for public hearing on Certification of the Canalways Final EIR. 428 13. Claims for Damage: a. Frederick P. Schwab, Jr. - File 3-1-853 b. Greta Fagerland - File 3-1-856 c. New York -Cal Industrial Corp. (Jerome C. Draper) - File 3-1-857 d. Barbara Julian - File 3-1-858 Approved George Hills Co., Inc. recommendations for denial of claims. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2. REQUEST FOR AUTHORIZATION TO SUBMIT GRANT REQUESTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS CM - File 147 Mayor Mulryan questioned the amount of monies requested compared to the amount of monies available, finding a difference of about $24,000. Staff to review figures. After discussion, Councilmember Frugoli moved and Councilmember Breiner seconded, to approve staff recommendation. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. REPORT ON BID OPENINGS AND AWARDS OF CONTRACTS (PW) - File 4-1-348 b. Fifth Avenue Walkway Improvement. Councilmember Frugoli stated that the Resolution recommending that the bid be awarded to Bresnan-Dalecio, Inc. for the Fifth Avenue walkway improvement in amount of $23,624.90 is for an asphalt walkway instead of concrete, which is better. Public Works Director Bernardi stated that the bidders were given a choice to submit bids for asphalt or concrete, and that the low bidder - using asphalt- offered a bid for $4,500 less. A short discussion followed on the subject of safety, maintenance costs, etc., and City Manager Beyer suggested that some history from the Neighborhood Plan should be given to Council. Councilmember Breiner moved and Councilmember Nave seconded, to continue this item to the next meeting of March 5, 1984, at which time staff will provide background history and price information. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. RESOLUTION OF INTENTION - ABANDONMENT OF PORTION OF JACOBY STREET (PW) - File 2-12 Councilmember Frugoli asked how many acres would be abandoned and whether the City would have to give up the easement. City Manager Beyer indicated 7 or 8. Public Works Director Bernardi explained that on the property labeled San Rafael Redevelopment Agency Strip, when the sub- divisions were enacted two years ago, the properties were acquired in -fee. The City has the fee title on the Agency strips. On the PG&E property, there is a 30 -foot wide roadway easement. The City does not have the fee title on it. In abandoning the right-of-way Jacoby strip, the City is abandoning the interests in that easement, and there is a difference between easement ownership and fee ownership. Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt the Resolution of Intention to Vacate a portion of Jacoby Street and to set a public hearing to consider the matter for March 19, 1984. RESOLUTION NO. 6741 - RESOLUTION OF INTENTION TO ORDER VACATION OF PORTION OF JACOBY STREET, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 429 6. BASIC LIFE SUPPORT (BLS) AMBULANCE CONTRACT (FD) - File 4-3-105 Councilmember Breiner questioned Paragraph 3B on Page 3 of the contract, stating that the City shall pay Contractor $50 per ambulance trip made for an emergency initiated through the San Rafael Fire Dispatch Center that does not result in the transportation of a patient. She stated that $1,200 per year seemed excessive. Fire Chief Marcucci explained that when the paramedic service was implemented, one of the conditions was that, based on the County of Marin Health Officer who certified the City paramedic and health program, in addition to providing paramedic service advance life support, the City had to also provide Basic Life Support (BLS). In order to increase the level of service and to get something from the private sector pro- vider, we entered into an agreement with him - he provides us the high level of service, we pay the driver and fees. Fire Chief Marcucci further indicated that the cost has not been $1,200, but probably it has been closer to $600 per year. RESOLUTION NO. 6742 - AUTHORIZING THE SIGNING OF A CONTRACT WITH UNITED AMBULANCE SERVICE TO PROVIDE BASIC LIFE SUPPORT EMERGENCY AMBULANCE SERVICE TO PARAMEDIC AREA B. (12 -Mo. Contract with United Ambulance Service with 30 -Day Termination Notice by Either Party) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. REQUEST FOR AUTHORIZATION TO FILE LETTERS OF INTENT FOR SEVERAL PROJECTS TO SAN FRANCISCO FOUNDATION Lib/Cultural Affairs - File 202 Mayor Mulryan asked when the Neighborhood 30 RFP would be ready. Planning Director Moore replied that the draft was partly done, and would be submitted to the San Francisco Foundation and the Canal Community Alliance for review, after it was finished. Councilmember Breiner moved and Councilmember Frugoli seconded, to approve staff recommendation to submit Letters of Intent to the San Francisco Foundation for several projects as listed in the staff report. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. REQUEST FOR APPROVAL OF RENEWAL OF MEMORANDUM OF UNDERSTANDING WITH ORCA SWIM CLUB (Rec) - File 4-10-172 Councilmember Breiner remarked that the maintenance costs are going up from $600 to $1,200, and Recreation Director Jauch explained that the figures have been checked with the Terra Linda Recreation Center Board, and that the actual cost of running the pool is $9.00 per hour, while the City has been charging only about $3.00 per hour. Councilmember Breiner moved and Councilmember Nave seconded, to adopt a Resolution authorizing the renewal of a Memorandum of Understanding with Terra Linda Orca Swim Club/1984 (for one year). RESOLUTION NO. 6744 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Renewal of Memorandum of Understanding with Terra Linda ORCA Swim Club/1984 - for one year - rate increase from $600 to $1,200 per year, pool main- tenance costs) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PUBLIC HEARING - CONSIDERATION OF ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL INDUSTRIAL DEVELOPMENT BONDS FOR MERVYN S DEPARTMENT STORE IN NORTHGATE MALL CM - File 8-22 Mayor Mulryan declared the public hearing opened. City Manager Beyer briefed Council on this item, stating that the public hearing is required by the Internal Revenue Code, which requires that notice be published and public hearing be held prior to the issuance of the bonds. With no comments from the public, the hearing was closed. Councilmember Frugoli moved and Councilmember Breiner seconded, to adopt a Resolution author- izing the issuance, sale and delivery of City of San Rafael Commercial Revenue Bonds (Mervyn's Project) 1984 Series A. RESOLUTION NO. 6748 - AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF SAN RAFAEL COMMERCIAL REVENUE BONDS (MERVYN'S PROJECT) 1984 SERIES A AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. PUBLIC HEARING - UP80-59(b) & ED83-119 - APPEAL OF PLANNING COMMISSION'S CONDITION OF APPROVAL FOR SHARED DRIVEWAY AND ENLARGED OFFICE; Arthur D. Faibisch, owner and appellant; John Hokanson, representative; AP 11-103-07 (P1) - File 10-5 430 Mayor Mulryan declared the public hearing opened. Planning Director Anne Moore briefed Council on this application stating that the applicant wishes to raise a 1,100 square foot building by three feet to allow use of the sub -standard sized basement and expand the office use to 2,200 square feet. However, staff is concerned about access to the site. There is an 11 -foot wide driveway on the south side of the lot which serves the rear parking area. Staff recommends that the owner grant a reciprocal access agreement and pave the driveway to the property line so that a joint 18 -foot wide two-way driveway can ultimately be worked out with the adjacent property owner who would also otherwise have a 10 -foot wide access. The applicant objected on the basis of conflict with the adjacent residential use and loss of security. The staff recommendation and the Planning Commission decision was really based on taking a very long-range view of all the properties along Lincoln Avenue, which was originally pretty much a single family residential street. Most of the lots are 50 -feet wide, served by individual driveways, and it is one of the heaviest traveled arterials in San Rafael. Traffic is only going to increase in the future. In the P.M. peak right now, Lincoln Avenue really serves as an extension of the on-ramp at the top of Puerto Suello Hill - Highway 101. The staff recommendation was based on the rationale that over the next 10 to 20 years, when individual properties come in for various Planning permits, there is an opportunity for consolidation of lots and elimination of a number of driveways and really improving the driveway situation, to decrease the amount of side traffic and interference from driveways with the high traffic levels on the street. To address the applicant's concerns with potential loss of security, etc., the Commission recommended that the consolidated driveway be subject to a one year trial. At the end of the trial period, if the joint driveway is unsatisfactory to either owner, the subject will be brought back to the Planning Commission. The applicant is not satisfied with the "trial period" modification to the condition. He wants the driveway condition eliminated altogether and has, therefore, appealed the condition to the City Council. Councilmember Frugoli stated that he had driven into the parking space and had no problem turning around instead of backing out. He asked how many spaces were available and said that he counted 9. Ms. Moore replied that the use requires 8, and there could possibly be one or two extra parking spaces. The number of parking spaces is adequate and there is no problem at all about that. The problem seems to be the fact that there is no way for the accommodation of two vehicles, one coming out and one coming in at the same time. Presumably, the vehicle coming in would queue on Lincoln Avenue, holding up traffic. Councilmember Russom asked Ms. Moore what the status of the building next door at 1454 Lincoln was, as the staff report mentioned that it was planned for a 5 -apartment building. He also asked how many parking spaces are required, whether it is one per unit or two. Planning Director Moore stated that the approval has expired. Currently the owners of the property are having some financial difficulty, and the project approval would have to come back to the City. Councilmember Breiner stated that it seemed that with the removal of some landscaping, there could be enough width for two cars to pass. There could be a larger concrete pad so that the queing effect would be eliminated. Ms. Moore replied that is an option, but the object is not to eliminate a driveway which is a major part of the rationale for the original staff recom- mendation and that we would end up with one driveway for the two properties where there are now two. It doesn't address the combination of driveways, and it would probably also result in the loss of an on -street parking space. Councilmember Frugoli referred to the condition that the combination of driveways should be tried for one year, and if not satisfactory it could come back to the Planning Commission. He stated that this seemed unfair to the applicant and the potential buyer of the adjacent build- ing. Ms. Moore stated that the Planning Commission agreed with staff regarding the possibility that this combined driveway may not work out, and with that in mind made the change and offered the possibility that the item could be reconsidered after one year trial. Mayor Mulryan asked whether there were any such problems with other shared driveways on Lincoln Avenue, or security problems, and Ms. Moore stated that she was not aware of any. Mr. Gary Ragghianti, Attorney representing the applicant, submitted a set of photographs to Council which demonstrate the location and size of the present driveway as it relates to the two buildings, the applicant's and the one at 1454 Lincoln Avenue. With reference to the building at 1454 Lincoln Avenue, Mr. Ragghianti stated that it is his understanding that Mr. Foti owned it a year ago, perhaps more. The building went into foreclosure and later the foreclosure proceedings were stopped by petitioning bankruptcy. The building has been un- occupied and is in a state of disrepair. It contains two 2 -bedroom units, and three 1 -bedroom units. It is obvious that if those are low-income units, as they were intended to be, they will be occupied by some children; and the place where the children will play is in the rear and in the driveway. Persons coming to Mr. Faibisch's place of business will not expect children in the driveway. Therefore, there will be a serious hazard. 431 In addition, there is no driveway for Mr. Faibisch to consolidate with. The driveway to 1454 Lincoln Avenue is way to the south on the opposite side of 1454, and this is important to consider at this time. What the Planning staff have recommended, and what the Planning Commis- sion has suggested and ruled require Mr. Faibisch to acquire an interest in someone else's property. It requires the other property owner to agree. We don't know where the property owner is, we don't know when he will be able to negotiate. In addition to being impractical, Mr. Ragghianti stated that he doubted this was legally permissible. Also, while it is technically possible for this driveway to be consolidated, there does not seem to be sufficient space to permit two reasonably sized cars to pass safely. The windows of the bedrooms in the adjacent building face onto the driveway. Cars going in and out will disrupt the peace and quiet of the occupants of that building, and that ought not to be allowed. On the contrary, to permit privacy, some screening or landscaping should be provided in that space, and this applies also to foot traffic. Other potential problems are those of security, not only to the buildings but to the vehicles parked in the back. Mr. Faibisch's personnel work from 5:30 PM to 9:30 PM. The parking space in the rear is a fairly safe place for the cars to be parked. Mr. Ragghianti also stated he conducted a survey of similar driveway combinations in the area and found that there were some differences. For example, at 1410 Lincoln Avenue, there is a 6 -unit residential apartment which has 12 enclosed parking spaces (or 2 spaces per unit) It shares the driveway with an office building containing 6 different businesses which has 10 spaces. The driveway is 25 feet wide. Mr. Faibisch's driveway is 11 feet wide. Even if it were opened up to the full extent and paved all the way to the wall of 1454, it would only be 17 to 19 feet. At 1322 and 1318, where there are two small apartments, the driveway is shared only part way and ends in two garages on 1322 Lincoln Avenue and a small parking lot with 4 legal spaces. At 1741, where the third cited merger is located, it doesn't seem to share its driveway with any other property. The fourth, is a sharing by 2 businesses, a law office at 1748 and the Berkeley Psychic Institute at 1752, with 14 spaces available. When the check was conducted at 2:00 PM, the lot was vacant and the institute seemed to be closed. Finally, at 1451 Lincoln, there is a single building which doesn't seem to share the driveway with anyone else. The driveway is on Prospect, not on Lincoln. Mr. Ragghianti stated that he felt the Planning Commission in this case made a mistake and that the traffic problems of Lincoln Avenue will not be solved by this condition of approval of Mr. Faibisch's application. He stated that somewhere we have lost sight of the fact that all Mr. Faibisch wanted to do, and which he has evidently been permitted to do, is raise his building 3 feet in order to increase the square footage from 1,100 to 2,200 feet. With no further comments from the public, the hearing was closed. Mayor Mulryan asked Planning Director Moore if the City had made any attempts to discuss the shared driveway proposal with the owner of the adjacent property. Ms. Moore replied that it was not done because of the status of the bankruptcy. Councilmember Frugoli asked if the Planning Commission knew who owns the property, and Ms. Moore said that it was not known at this time. Councilmember Frugoli moved, and Councilmember Breiner seconded to grant the appeal and allow Mr. Faibisch to expand his office use. Councilmember Russom stated that he will support the motion but that he wanted to state that the basic plan is a good one and that Planning should continue to look toward consolidating driveways. He added that upon checking the properties in relation with this appeal, he felt that carrying the pavement up to the side would be a serious detriment to both properties, but he did not agree with Mr. Ragghianti that the Planning Commission made a mistake, and that they took the proper action of upholding the planning policy. Councilmember Breiner stated that she, too, supported the concept in theory, but in this lot it did not seem particularly appropriate because of the security and the space ramifications. Councilmember Nave stated that he agreed with the Planning Commission in its endeavor to consolidate driveways on Lincoln Avenue, but in this particular site there would be a security problem in addition to the present space being too narrow for two cars, and the fact that there might be some children in the area. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. EAST SAN RAFAEL ISSUES (P1) - File 10-2 x 218 x (SRRA) R-189 a. Traffic Level of Service 432 Planning Director Moore briefed Council and stated that the first item is a resolution proposed for Council adoption which sets forth the Council consensus that Level of Service D be identi- fied as a goal for East San Rafael traffic operations. There is some language in the draft resolution that really commits the City to identify the short and long-range transportation improvements needed to attain that goal, with the City to secure Federal, State and local funding to construct those improvements. Mayor Mulryan asked Ms. Moore, as City Planner, if City Council adopted this wording, what change, if any, would you say the adoption of this resolution would have for Planning direction. Ms. Moore replied that Planning would come back to Council with specifics on the long-range transportation permit. Planning would have to demonstrate to Council how the latest pro- jections show that there is a match between land use and the future transportation, and how the Level of Service D can be achieved in San Rafael. Councilmember Russom had a question as to whether staff sees the goal of Level D as the minimum acceptable. Ms. Moore said that is correct. Councilmember Nave stated that there has been continual conflict, and that what this is doing is providing a better flow of traffic. Councilmember Breiner stated that she understood that by the adoption of the resolution, if it passes, there would be self-monitoring. Councilmember Frugoli said that he was encouraged by the material attached to the packet which indicated that CalTrans is involved in this project. He stated that he felt the City should continue to give high priority to seeking funding for the Bellam-101 Corridor and Highway 17 to help meet the goals of traffic Level D. Councilmember Nave moved and Councilmember Breiner seconded, to adopt the resolution adopting the goal of traffic Level of Service D for East San Rafael. RESOLUTION NO. 6749 - ADOPTING THE GOAL OF TRAFFIC LEVEL OF SERVICE D FOR EAST SAN RAFAEL Councilmember Russom stated that he had received a lot of calls from concerned citizens on this proposal. He wanted to state that to continue with the policy of not going above Level D would be a moratorium on further development in the area, and that he was not prepared to impose a moratorium on the major part of the City. At the same time, he felt Council was being very clear in the direction to staff that this is the objective and that traffic movements are not to get any worse, and it will be important to make sure that Council is careful in making decisions on this project. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. Consideration of Development Processing. Planning Director Moore stated that there are two items under consideration, one is a resolu- tion of intent to consider modifying the existing C-2 and M Districts so that during the preparation of the neighborhood plan there will be some use permit review apropos intensifi- cation of use. There has been much discussion on this matter, and Council was concerned as to how this would function. Staff is proposing that Council give staff some additional time to come back with proposals and a practical approach. This is the area that our recent traffic study has shown to have a significant traffic increase. This is because there has been an intensification of the many uses. Much of the intensification is not subject to direct City Planning control because of the wide range of uses "by right". Staff is requesting that it be permitted to have more use permit control over the uses during the preparation of the neigh- borhood plan. The second item is criteria that the Planning Commission and City Council can use when evalu- ating development applications prior and during preparation of the neighborhood plan. There wasn't enough time to prepare something for Council to look at in such a short time, and it was a difficult subject. It would seem more logical to start with the 15 policies and the general plan. Ms. Moore stated that she had hoped to have an exhibit ready tonight to demonstrate how the project would be evaluated, but there wasn't enough time to prepare it. There is a reso- lution with an exhibit which has been drafted which has all of the existing general plan policies. Each one of these policies would eventually be listed on a checklist and the indi- vidual applications would then be evaluated. Councilmember Nave referred to the second item above, and stated that on the 13th of February, with reference to "... criteria for considering whether a specific development project should proceed through the planning review process ...", he felt that this would be a disservice to the City Council, and he would prefer to see Planning set a criteria, have a hearing, and use the criteria as a tool when the applications are processed. 433 In reply to Mayor Mulryan's request for an explanation of the above, City Manager Beyer stated that the intent is to keep everything very simple, and to allow just a quick review of the application to determine whether it meets a certain set of criteria. If it does, it just goes through the normal process. The practical problem is that when a project is studied in depth and many questions arise, it seems better to go through the normal process. Asked further to explain the above as it relates to the resolution, Mr. Beyer replied that his inclination would be that if the majority of City Council feels the projects should go through the normal process and be evaluated on their merit, which is in the general plan already, then there is no need to adopt this resolution, but to provide just a statement or a substitute resolution which says "during the process project will go through the normal review process." However, if Council wishes to adopt the process which is being proposed here, then Council can adopt the resolution. Councilmember Breiner asked for more clarification on what happens if a specific development project starts through the system, the criteria established are set and Planning Commission and staff feel that it should not go any further. Ms. Moore replied that the Planning Commission is the final decision-making body; it could deny that project with or without prejudice and it would have to make findings. There is then an appeal process, and Council would make the final decision upon receiving recommendations from the Planning Commission. Councilmember Russom stated that the reason staff was asked to present this kind of criteria was to give the developer an early warning, if the proposed development was, in Council's and Planning Commission's view, in conflict with the neighborhood plan. He would like to see Council approve this resolution, but more work needs to be done on the rating system or eval- uation. In practice, it would give the City more in-depth criteria for both the City and the developers to look at. Councilmember Nave stated that in reading the sentence "... whether a specific development project should proceed through the planning review process ..." he felt this had legal impli- cations. The Planning Commission might interpret that exactly as it reads, and as a result they might stop a project before the Council has seen it. Mayor Mulryan suggested a rewording of the submitted resolution, and City Manager Beyer stated that the problem is that if they file an application which is deemed complete, under State law, there is a limit of time within which the application must be processed, irrespective of what the resolution says. The proposed change would be in the third resolution, last paragraph which would state "NOW, THEREFORE, BE IT RESOLVED that the San Rafael City Council directs staff to prepare recommend- ation on the criteria to be utilized for evaluating development proposals while the East San Rafael Neighborhood Plan is being prepared". Kathy Campbell, Executive Director of the Canal Community Alliance, stated that she would prefer to see the statement stay as it is, without changes, and that she agrees with the rest of the resolution. However she had a question on Page 3 of the staff report which stated .. adopt a resolution of intention to consider modifying the C-2 and M Districts in the East San Rafael neighborhood to expand the City's use permit review authority. The draft resolution further directs that the Planning Commission consider such modifications at a duly noticed public hearing ..." Ms. Campbell stated that she did not see these last words in the resolu- tion. Ms. Moore indicated that this is a state law, that the hearing be publicly noticed. Councilmember Breiner stated that the above proposed change in the resolution which was indi- cated on the first page, should also be reflected on the second page. Councilmember Russom moved and Councilmember Frugoli seconded, to adopt the resolution regard- ing criteria for evaluating development applications during preparation of the East San Rafael Neighborhood Plan, as amended. RESOLUTION NO. 6751 - REGARDING CRITERIA FOR EVALUATING DEVELOPMENT APPLICATIONS DURING PREPARATION OF THE EAST SAN RAFAEL NEIGHBORHOOD PLAN (as amended). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Nave stated that, referring to use permits, he would like to have the Planning Department make a study of the use permits issued for that area. Councilmember Breiner moved and Councilmember Nave seconded, to adopt the Resolution of Intent to consider modifying the C-2 and M Districts in East San Rafael during preparation of the Neighborhood Plan. RESOLUTION NO. 6750 - RESOLUTION OF INTENT OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL TO CONSIDER MODIFYING THE C-2 (GENERAL COMMERCIAL) AND M (HEAVY COMMERCIAL AND MANUFACTURING) DISTRICTS IN EAST SAN RAFAEL DURING PREPARATION OF THE NEIGHBORHOOD PLAN AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None c. Adoption of Traffic Mitigation Fee Program. Councilmember Frugoli stated that Council should have a public hearing on this item. Councilmember Nave also stated that there should be a public hearing because again Council is looking at a criteria for East San Rafael. There should be explanations of the reasons for presenting the fees, and why this is being done in this fashion. Councilmember Russom stated that, if this item is to come back at a later date, he would like to see work done on the possibility of having either a rebate or additional fee after the fact, because it seems that the fairest way to apply mitigation fees is to have some mechanism by which we can explain how they are arrived at. After further discussion by Councilmembers, City Manager Beyer suggested that the item be scheduled for the next meeting of March 5, 1984. Mayor Mulryan stated that he would be absent for that meeting. Councilmember Frugoli moved and Councilmember Russom seconded, to set a public hearing on March 19, 1984 to consider Adoption of Traffic Mitigation Fee Program for East San Rafael. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. ORDINANCE AMENDING ORDINANCE NO. 1476 AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM R -1-B-2 AND R -1-B-3 DISTRICTS TO P -D DISTRICT IRWIN i - riie 5-1-261 X 16-3 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE 1476 OF THE ZONING MAP OF THE CITY OF SAN RAFAEL ADOPTED FEBRUARY 6, 1984, SO AS TO AMEND CONDITION OF APPROVAL (b)(6) OF EXHIBIT "A" (Irwin Street, West of Bret Harte Village)" Councilmember Frugoli moved and Councilmember Breiner seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only for the first reading and pass Charter Ordinance No. 1478 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PROPOSED MODIFICATIONS RE PARKING STRUCTURE - THIRD AND "A" STREETS (RA) - File 140 x (SRRA) R-195 City Manager Beyer stated that there are two aspects to the improvements to be made at the parking structure: (1) to identify the building with off-site direction markings, (2) to make better identification of spaces within the parking structure. A third consideration is to improve the lighting to provide more security and control some of the vandalism. Councilmember Frugoli stated that the the problem with this structure seems to be one of identification, and he asked if anything was being done about that. Redevelopment Program Manager Ours replied that there will be a sign at both entrances indicating where the entrance is. Councilmember Russom asked whether more painting could be done inside the structure to spruce up and make it more appealing. He also said that he did not intend this to be an item for this meeting, but he would like very much to see the possibility of an entrance on Third Street pursued. City Manager Beyer stated that this could be agendized. After a short discussion on the new rates and new hours of operation, the following action was taken. Councilmember Frugoli moved and Councilmember Breiner seconded, to instruct staff to proceed with the signing and lighting programs. Additionally, staff to prepare a resolution estab- lishing a new rate schedule and hours of operation to be put in place April 1, 1984, which will call for rates of $25.00 a month for the 94 uncovered parking spaces and $35.00 a month for the 106 covered parking spaces and operation hours from 10:00 AM to 9:00 PM. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19. LEASE OF A PORTION OF PUBLIC REAL PROPERTY - SHELL OIL COMPANY, LINCOLN AVENUE AND SECOND STREET RA - File 2-8-12 City Manager Beyer briefed Council stating that the City would have preferred a 3 -year lease with Shell, but because of the expense of remodeling the station, it would not allow Shell time to amortize the cost; therefore, Shell prefers a 6 -year lease, with cancellation after 5 years, 435 by giving 180 days' notice. The remodeling would include installation of underground fiber- glass tanks and installation of a right turn lane on Lincoln Avenue into Second Street. In addition to the rent being higher, there is an additional bonus for the City based on cents/ gallon and on a high volume of business, this would be very profitable. Councilmember Nave asked whether the overage or bonus on the $6,000 per year was based on 1 1/2 cents per gallon. Redevelopment Program Manager Ours replied that it is based on 2 cents per gallon. Councilmember Breiner referred to a sentence in Paragraph 13, Page 5, stating "capping of any and all abandoned sanitary sewers encountered on the lot". Mr. Beyer said that this is in the present lease. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR THE LEASE OF A PORTION OF PUBLIC REAL PROPERTY AT LINCOLN AVENUE AND SECOND STREET TO THE SHELL OIL COMPANY" 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 for the first reading and pass Charter Ordinance No. 1479 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1477 - PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY (at Andersen Drive and Bellam Boulevard to Marin Square Partners The title of the Ordinance was read: "AN ORDINANCE PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY AT ANDERSEN DRIVE/ BELLAM BOULEVARD TO MARIN SQUARE PARTNERS" Councilmember Frugoli moved and Councilmember Russom seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1477 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. CONSIDERATION OF ACTION BY CITY OF SAN RAFAEL RE BUCK TRUST LITIGATION (CA) - File 202 City Attorney Muzio briefed Council stating that there are essentially two petitions before the Probate Court, one is by the San Francisco Foundation to modify the terms of the Buck Trust Fund to permit some of the funds to be used outside of the County; the other is a County petition to remove the San Francisco Foundation as trustee. These petitions will be heard together in a single trial in November, after an extensive amount of discovery and extra witnesses will have to be retained because there are some very important points of law being raised. The County of Marin is a party in the law suit and is being represented by the County Counsel's office as well as outside private counsel. The Marin County Bar Association is and has been for the last couple of years in the law suit as a friend of the Court. The issues of the County of Marin representing the citizens of the County who are the bene- ficiaries of the Buck Trust are substantially the same as those of the citizens of the City of San Rafael. After speaking with both Douglas Maloney, representing the County, and Marshall Krause, Attorney representing the Bar Association, and observing their appearance in court at the scheduling conference which was held with regard to these matters last week, it was con- cluded that those two attorneys can forcefully present the points of view that the citizens of San Rafael would want to have presented. The conclusion is that a separate amicus brief from the City of San Rafael was not necessary. However, it would be helpful for Council to pass a resolution supporting the County, and staff could prepare a list of unmet needs to assist the County. Councilmember Breiner moved and Councilmember Frugoli seconded, to ask City Attorney to form- ulate a resolution of support for the efforts of the County of Marin and the Marin County Bar Association, and that it be brought back to Council at the next meeting of March 5, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 436 22. RECOMMENDATION TO REALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING FUNDS FROM PG&E SITE TO CITY PROPER Y ON BELLAM BOULEVARD CM - File 147 x SRRA R-187 City Manager Beyer reported to Council that the sum of $250,000 of CDBG funds has been allo- cated to the City for the purpose of providing low and moderate income housing as a part of the PG&E relocation project. According to the agreement with Equitec, it looks like the City will not be able to use these funds until 1985, assuming that the relocation of PG&E service yard takes place. If it doesn't, it would be necessary to wait until 1986 to use these funds. The City owns a parcel at the end of Bellam Boulevard and recently the Marin County Housing Authority asked the City to participate in creating affordable housing on this site. The site could accommodate 160 units and would assisting in meeting additional community affordable housing needs. In a call to Equitec, it was learned that they are in the process of hiring an architectural firm for this project. Therefore, the City Manager's recommendation is that Council approve a request to the San Rafael Planning Area Committee and the Marin County Priority Setting Committee for the CDBG housing funds in the amount of $250,000, to be re- allocated to the City property at the end of Bellam Boulevard. Councilmember Breiner asked if it could be possible to contact Marin County Housing Authority for a method to be worked out by which some of the units could be on a priority basis for City employees such as police, fire, public works, etc., who, at the present time, cannot afford to live in the area, but who are vitally needed in case of emergency, such as earthquakes, large fires, etc. Councilmember Frugoli stated that at one time he and Mr. Beyer met with a group of developers regarding the feasibility of installing portable housing for public works, police, fire, per- sonnel, etc. City Attorney Muzio stated that some type of preliminary work would have to be done on the legality of this. Mr. John Wilson Bugbee, Ecumenical Association for Housing, commented on the fact that the PG&E site has been for some time designated as low and moderate income housing. He said that he would like to hear some type of commitment from the City, since this was written in the Dis- position and Development Agreement. This is not to say that he is not in favor of using those funds to make things work at Bellam. Councilmember Frugoli stated that at one time the people from Equitec were willing to increase the number of units from 240 to 300 for low and moderate income housing. So, they are in favor of this commitment. Mr. Bugbee then said that he would like to make sure that their definition of what affordable housing is, and the definition of affordable housing for the people who live in this community are similar. It would seem that the difference between the two is about $40,000. City Manager Beyer stated that he would like to be clear that we are talking about affordable housing and not necessarily low and moderate income housing. There is a difference. Abraham Yang, President of San Rafael Housing Corporation, stated that he had some concerns about the allocation of the Block Grant money and wanted to know what makes the Bellam site any more appropriate than the PG&E site in terms of the Block Grant money, which has to be used before the end of 1985. The concern is that the money may be tied up instead of used for some kind of housing before the time expired. Mr. Yang stated that the San Rafael Housing Corpor- ation supported the application for the Block Grant money for the PG&E site. It would make it very difficult for the Corporation to continue supporting monies for which there is no appeal in terms of time when that money is going to be used. Councilmember Frugoli stated that work is being done right now on the project and that poles will be in place within the next two or three months. Dick Blood-Bornholdt, Consultant to the Housing Authority, stated that he has been involved in a number of "affordable" housing projects with and without private developers. In reply to comments from Mr. Bugbee, he said that affordable is determined by just what the level of income ranges the City (in this case, San Rafael) would like to address as far as affordability. The definition of low and moderate income has to be set so that what the families can afford can be known. Anise Turina, Ecumenical Association for Housing, stated that she is disappointed after hearing all the arguments about the PG&E site because it is the best possible site and suitable for low and moderate income housing and it has potential for growth. She stated that she is worried that low and moderate housing will never materialize. Councilmember Breiner indicated that she would like Council to re -affirm its commitment to that site, and following Mr. Blood-Bornholdt, specify the range of low and moderate income. Mayor Mulryan replied that it would be possible to discuss these items with Equitec at their next meeting. Ms. Breiner stated that since this had been discussed at a previous meeting, it might be appropriate to bring back the minutes of that meeting where the affordable housing was discussed. 437 Councilmember Russom stated that this would be very helpful to him also, and that a report of the above-mentioned meeting with Equitec would also be helpful. Councilmember Breiner said that since she is going to be representing the Council at the CDBG meeting, she wold appreciate some details from staff before the meeting. Councilmember Breiner moved and Councilmember Nave seconded, to request from the San Rafael Planning Area Committee and the Marin County Priority Setting Committee reallocation of the CDBG funds in the amount of $250,000 from the PG&E site to Bellam Boulevard. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. UP83-106 and ED83-113 - PLANNING COMMISSION REFERRAL RE WENDY'S RESTAURANT; ANDERSEN DRIVE AND JACOBY STREET; EDWARD GILMORE, OWNER; G. THOMAS TELFER, REPRESENTATIVE; AP 18-143-11 Pl - e lu- Planning Director Moore briefed Council stating that there are two items to be considered, one is the timing of commencement of construction, and the other is the mitigation fee. The staff report indicates that the time lag between occupancy of Wendy's and completion of the improve- ments will be only a few months. The traffic mitigation fee recommendations are tied to an earlier staff report. One way to address this, this evening might be to try to identify what the Council would expect to be in the way of a traffic mitigation fee, which according to the Lee Saylor Index adjustment would be $55,200. Councilmember Russom asked whether sales tax is charged on take-out food. Bill Bullard on behalf of Mr. Gilmore, and Wendy's, stated that the staff report recommendations are consistent with the report recommending that the building permit be allowed to go ahead, and that the traffic mitigation fees, would have to be bonded for, or a deposit would have to be made in escrow, and the final amount would have to be determined at the time that Council compute the final fees. The time is very critical, and if there is no impediment to the building permit, Mr. Gilmore will agree in some manner to the ultimate mitigation fees, al- though it is hard to agree to something when we don't know what the final figures will be. Councilmember Frugoli stated that the figure shown in the staff report would be the maximum. Councilmember Nave said that in his opinion, considering the size of the building, the minimum amount of traffic problem that this project will cause and the revenue to the City, he felt that amount was a little high. Councilmember Russom asked if what Council was doing tonight was setting a maximum mitigation fee for Wendy's, and whether this might be considered as setting a precedent. Mr. Bullard asked if the discussion meant that Council would hold up the building permit until the fee has been determined or the permit will be issued subject to this maximum, so that Mr. Gilmore can proceed. Councilmember Frugoli moved and Councilmember Nave seconded, to authorize issuance of building permit consistent with all other Planning Commission conditions of approval, and establish a traffic mitigation fee for the Wendy's Restaurant of $55,200 maximum, subject to the Lee Saylor Index adjustment. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM: MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS - RE TASK FORCE NEEDS REPORT - File 113 Councilmember Breiner referred to MCCmC and stated that a report is needed for the dinner meeting of February 22, 1984 regarding Task Force needs. She indicated that Councilmembers who are not attending the dinner may pass on their comments to her. W•6 24. CLOSED SESSION TO DISCUSS PENDING LITIGATION - File 3-1-825 The Council adjourned to Closed Session to discuss pending litigation, then reconvened in public and unanimously approved denial of Application for Leave to Present Late Claim - Louise Sousa, Claim No. 3-1-825. JOARE M. LEONCINI City Clerk APPROVED THIS %pct DAY OF 1984 ,1AP � MAYOR OF THE CITY SAN R-KFAEL *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, March 5, 1984, at 8:00 PM. Regular Meeting: Present: Dorothy L. Breiner, Acting Mayor Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: Lawrence E. Mulryan, Mayor Also Present: Robert F. Beyer, City Manager; Peter J. Muzio, City Attorney; Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE: - File 9-1 Mr. Fielding Greaves, Vice President of Marin United Taxpayers Association, addressed Council regarding two letters he sent dated February 23 and 29, 1984 to Council. The first letter referred to a Resolution in support of Operation Slush Fund, which would control spending by legislators of monies from their "Contingency and Printing Funds", which funds are exempted by Section 9130 from normal audit procedures, and he stated that there has been an abuse of these funds. The second letter referred to a Resolution which would be in Opposition to AB 780 and SCA 44, and which has recently been adopted by the Board of Supervisors of Marin County. AB 780 and SCA 44 would permit legislators to amend or overturn initiative measures approved by the voters. Councilmember Frugoli moved and Councilmember Nave seconded, to bring back the Resolution opposing AB 780 and SCA 44 at the next meeting of March 19, 1984, for consideration. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan Councilmember Nave moved and Councilmember Frugoli seconded, to bring back the Resolution in support of Operation Slush Fund at the next meeting of March 19, 1984, for consideration. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan ORAL COMMUNICATION: 1. PRESENTATION OF INVITATION TO "ANNIE" BY SAN RAFAEL CHILDREN'S MUSICAL THEATER (Rec) - File 102 Acting Mayor Breiner thanked the San Rafael Children's Musical Theater group for giving a delightful presentation and urged all to attend their performances. CONSENT CALENDAR: Councilmember Frugoli moved and Councilmember Nave seconded, to approve the recommended action on the following consent calendar items: Item 2. Approval of Minutes of Special Joint Meetings with Redevelopment Agency of January 18, 1984 and with Planning Commission of February 13, 1984 (CC) Recommended Action Approved as submitted. 3. Request for Approval of Ninth Annual Tour of Marin April 8, 1984 - Marin County Velodrome Association (CM) - File 9-3-3 5. Expiration of Term of Fire Commissioner H. R. "Rusty" Ghilotti (FD) - File 9-2-5 6. Resignation of Design Review Board Member Charles Schrader (Pl) - File 9-2-39 x R-65 7. Resolution Supporting the Efforts of the County of Marin re the Beryl H. Buck Trust (CA) - File 194 8. Claims for Damage: (PW) a. Dorothy Roll - File 3-1-836 b. Andrew Weinstein - File 3-1-848 c. Paul Bronson - File 3-1-854 9. Resolution Establishing a Change in Rate Schedule and Hours of Operation at the Third and "A" Streets Parking Structure (RA) - File 140 x (SRRA) R-195 10. Resolution Granting Appeal - 1456 Lincoln Avenue; Arthur J. Faibisch, Owner & Appellant; AP 11-103-07 (PI) - File 10-5 11. Resolution of Appreciation - Dennis Jauch, Recreation Director, 14-1/2 Years Service (Rec) - File 102 439 Approved closure of one side of Civic Center Drive for bicycle races at the Civic Center on April 8, 1984. Set interview for Special Meeting of April 2, 1984 at 7:15 PM. Approved staff recommendation to advertise for applicants to fill vacancy. RESOLUTION NO. 6752 - SUPPORTING THE EFFORTS OF THE COUNTY OF MARIN REGARDING BERYL H. BUCK TRUST Approved George Hills Co., Inc. recom- mendations for denial of claims. RESOLUTION NO. 6753 - ESTABLISHING A CHANGE IN RATE SCHEDULE AND HOURS OF OPERATION AT THE THIRD & "A" STREETS PARKING STRUCTURE ($35/Mo. covered parking; $25/Mo. uncovered parking; Hours of operation: 10:00 AM to 9:00 PM, effective 4/1/84) RESOLUTION NO. 6754 - UPHOLDING APPEAL OF 1456 LINCOLN (UP80-59(b)) ELIMINATING SHARED DRIVEWAY REQUIREMENT RESOLUTION NO. 6755 - RESOLUTION OF APPRECIATION - DENNIS JAUCH, RECREATION DIRECTOR (Resigned after 14-1/2 Years of Service) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 4. REPORT RE SALE OF FIREWORKS (FD) - File 9-3-31 Acting Mayor Breiner inquired whether the City should prepare an Ordinance to prevent the use of fireworks in the City. City Manager Beyer explained that the City already has such an Ordinance and that the problem now is that fireworks can be sold to the public, but the public is not permitted to use them. Councilmember Frugoli moved and Councilmember Nave seconded, to accept the report. City Attorney to review this item. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 12. PUBLIC HEARING - DESIGNATION OF PROPERTY AS A HISTORIC LANDMARK; 1149 FOURTH STREET AND rile 13-14-6 Acting Mayor Breiner declared the public hearing opened. Planning Director Moore briefly explained that on February 2, 1984, the Cultural Affairs Commission unanimously recommended designation of the building at 1149 Fourth Street and 938 "B" Street as a San Rafael landmark. The application was also favorably reviewed by the Technical Advisory Committee. Councilmember Nave asked what would happen if, after ten years, changes were made to the structure. Ms. Moore replied that the Cultural Affairs Commission has decision-making auth- ority over the design changes and modifications to the building. Councilmember Russom inquired what advantages there are to declaring the building a landmark besides the tax advantages to the owner. Ms. Moore stated that the Federal tax is an advantage to the owner, but declaring the building a landmark would also have a historical significance for the City of San Rafael. With no comments from the public, the public hearing was closed. Councilmember Russom moved and Councilmember Frugoli seconded, to adopt the resolution desig- nating 1149 Fourth Street (938 "B" Street) as a historical landmark. RESOLUTION NO. 6756 - DESIGNATING 1149 FOURTH STREET (938 "B" Street) AS A HISTORICAL LANDMARK AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 13. REPORT ON BID OPENING AND AWARD OF CONTRACT - FIFTH AVENUE WALKWAY IMPROVEMENT (PW) - ile 4- - Public Works Director Bernardi briefed Council, stating that during the course of the Neighbor- hood 13/14 Plan, Policy 2 stated that the City will provide an improved and safe walkway for pedestrians traveling to Sun Valley School and the neighborhood commercial center. It was to be on the north side of Fifth Avenue and wide enough to serve bicyclists and pedestrians. One of the items that Council discussed was the question of precedents established by the con- struction of improvements where there were none. In May of 1980, the Council considered a sidewalk policy. At that time, Council considered Policy #3 which says that the sidewalk would be installed at City expense because there were hazards to pedestrians in the neighborhood. The Council also indicated that the installation of this sidewalk was not precedent setting because each request is considered on its own merit and decisions made on an individual basis depending upon the particular circumstances. Because of that, and because of the cost involved, at the time Council elected to construct an asphalt sidewalk. There are drawbacks to the use of asphalt, there are maintenance costs, and it will have to be resurfaced every 10 to 12 years, but considering the history above, we recommend the use of asphalt. It is recommended that Council adopt the resolution awarding the contract to the low bidder. A short discussion followed on the use of asphalt versus concrete, and its advantages in case of falls or accidents. Councilmember Nave moved and Councilmember Frugoli seconded, to adopt the resolution for Fifth Avenue Walkway Improvement Project No. 19-1998961, awarding the contract to Bresnan-Dalecio, Inc. in the amount of $23,624.90 (low bidder for asphalt walkway). RESOLUTION NO. 6757 - AWARDING CONTRACT FOR FIFTH AVENUE WALKWAY IMPROVEMENT PROJECT NO. 19-1998961 TO BRESNAN-DALECIO, INC., (for asphalt walkway in the amount of $23,624.90) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 14a.STATUS REPORT RE: DOWNTOWN AD HOC COMMITTEE (P1) - File 9-2-38 City Manager Beyer reported that the Downtown Ad Hoc Committee has prepared a draft report to the City Council which will receive a final review by members in early March 1984. The report is expected to be presented to the Council in April 1984. Discussions regarding the Macy's parking project are continuing. Council accepted the report without motion. 14b.STATUS REPORT RE: DOWNTOWN PARKING DISTRICT ADVISORY COMMITTEE (P1) - File 9-2-37 City Manager Beyer stated that the report was completed approximately one month ago and is being reviewed by the City Traffic Engineer and Planning Department staff. Comments will be incorporated into the final report to be presented to Council in April 1984. Council accepted the report without motion. 15. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1478 - AMENDING ORDINANCE NO. 1476 OF ZONING MAP OF THE CITY OF SAN RAFAEL ADOPTED FEBRUARY 6, 1984, SO AS TO AMEND C NDI I N OF APPR V (b)(6) F EXHIBIT 'WrTIrwin Street, West of Bret Harte Village Pl - File 5-1-287 x 10-3 The title of the Ordinance was read: "AN ORDINANCE AMENDING ORDINANCE NO. 1476 OF THE ZONING MAP OF THE CITY OF SAN RAFAEL ADOPTED FEBRUARY 6, 1984, SO AS TO AMEND CONDITION OF APPROVAL (b)(6) OF EXHIBIT "A" (Irwin Street, West of Bret Harte Village)" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1478, by the following vote, to wit: 441 AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 16. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1479 - PROVIDING FOR THE LEASE OF A PORTION OF PUBLIC REAL PROPERTY AT LINCOLN AVENUE AND SECOND STREET TO THE SHELL OIL COMPANY RA - File 2-8-12 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL PROVIDING FOR THE LEASE OF A PORTION OF PUBLIC REAL PROPERTY AT LINCOLN AVENUE AND SECOND STREET TO THE SHELL OIL COMPANY" Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1479, by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 17. RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY FOR AFFORDABLE HOUSING (7.8 ACRES ADJACENT TO SAN RAFAEL SANITATION DISTRICT PROPERTY) ((RA) - File 2-18 City Manager Beyer briefed Council stating that this item was discussed at the meeting of February 21, 1984 at which time Council approved the transfer of $250,000 of CDBG funds for the redevelopment of this site. Since the preparation of this report and resolution, a formal letter was received from Sidney Hendricks of Sea Port Development Company which indicated interest in trading the City -Owned parcel of 7.8 acres for 22 - acres of a parcel referred to as wetlands, which is a part of the Spinnaker Project. In the negotiations between the Sanitation District and Housing Authority, one of the conditions is that the City parcel be included in the total project. Therefore, the recommendation submitted to Council at this time should be modified to indicate that Council proceed with the Resolution of Intention, and request staff to come back at the next meeting of March 19, 1984 with a report and recommend- ations concerning the matter of Mr. Hendricks' offer, particularly as it relates to affordable housing on this site. If at that time, it is found that the present resolution should be rescinded, then a new resolution would have to be adopted indicating interest in a trade as opposed to a sale of the property. Jay Paxton, attorney with Bianchi, Hoskins, et al, representing the Housing Authority, requested that Council ask the San Rafael Sanitation District to cooperate and not delay the processing of this item, but that if they need a couple of weeks to work on it, they should also allow a couple of weeks to the Housing Authority to do further work. John Murphy, District Director of the Canal Community Alliance, urged Council to keep this site for affordable housing. Councilmember Frugoli stated that he hoped potential property owners or bidders would not be excluded when calling for the disposal of the property, and that the City would still have an opportunity to look at both projects and then make a decision at that time. Mr. Beyer replied that, if there is merit in Mr. Hendricks' proposal for the City, it is important to decide what the City wishes to do because one is a land trade and the other is a land sale. The first right of refusal belongs to the Housing Authority. Councilmember Russom addressed Mr. Paxton and asked, from the Housing Authority standpoint and from the standpoint of potential purchasers, what will take place during the next two weeks now if Council passes the resolution tonight. Mr. Paxton stated that what they hope will take place is that they will be able to satisfy the joint -venture partner that the City is proceeding forward and to have the joint -venture partner indicate to the Sanitation District his willing- ness to purchase the Sanitation District property at the appraised value. Councilmember Frugoli moved and Councilmember Nave seconded, to adopt the Resolution of Inten- tion calling for the disposal of the City -owned property for affordable housing purposes, and that staff come back to Council with a full report and recommendations on Mr. Hendricks' proposal for a trade of the two parcels on March 19, 1984. RESOLUTION NO. 6758 - CALLING FOR THE DISPOSAL OF CITY -OWNED PROPERTY ON BELLAM BOULEVARD FOR AFFORDABLE HOUSING PURPOSES AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 442 18. MARIN COUNTY MEDIATION SERVICES REQUEST FOR FUNDING FROM THE CITY OF SAN RAFAEL (CM) - File 8-5 Council accepted staff recommendation that consideration be given to making a contribution to the Marin County Mediation Services, but that final determination be made during the budgetary process. ADD ITEM - LEGISLATIVE ACTION AFFECTING SAN RAFAEL - File 9-1 Acting Mayor Breiner referred to the League Bulletin of February 10, 1984 re the possible solution of infrastructure needs, and requested that this item be agendized and brought back for Council consideration. CLOSED SESSION 19. CLOSED SESSION TO DISCUSS PENDING LITIGATION The Council adjourned to Closed Session to discuss pending litigation, then reconvened in public and approved settlement of Claim #3-1-844 - CSAA, on behalf of subrogee Paul D. Woodward in the amount of $3,883.53. APPROVED THIS *** *** *** *** JWNE M. LEONCINIX City Clerk IC7-xl, DAY OF 1984 VICE -MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, March 19, 1984, at 8:00 PM. Regular Meeting: Present: Lawrence L. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Also Present: Robert F. Beyer, City Manager; Peter J. Muzio, City Attorney; Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE: FIFTH AVENUE WALKWAY IMPROVEMENT PROJECT (PW) - File 4-1-348 Ms. Judy Conard, representing property owners on Fifth Avenue, spoke and requested use of concrete instead of asphalt. Council discussed the different aspects of this project and directed Public Works Director Bernardi to negotiate the use of concrete instead of asphalt with low bidder, Bresnan-Dalecio, Inc. on Tuesday, March 20, 1984. Councilmember Frugoli moved and Councilmember Nave seconded, to authorize negotiations with Bresnan- Dalecio, Inc. up to an amount below the second low bidder. AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CONSENT CALENDAR: Frugoli, Nave, Russom & Mayor Mulryan Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Approval of Minutes of Regular Meetings of February 21, and March 5, 1984 (CC) 2. Request for Authorization to Apply for California Arts Council Grant (Lib) - File 222 4. Approval of Final Map - Oakwood Subdivision (PW) - File 5-1-244 Recommended Action Approved as submitted. Approved staff recommendation to apply and receive funds from the California Arts Council to develop a membership program. RESOLUTION NO. 6759 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED "OAKWOOD SUBDIVISION UNITS 1 THROUGH 5". 5. Set Date for Interviews for Vacancy on Design Review Board (CC) - File 9-2-39 6. Approval of Memorandum of Understanding (MOU) with Marin Association of Public Employees (MAPE) Child Care Unit (CM) - File 7-8-4 7. Consideration of Guidelines for Negotiating Master CATV Franchise Agreement (CM) - File 9-7-4(d) 8. Response to LAFCo re Deerfield Park Reor- ganization and Marinw000d CSD Sphere of Influence (CM) - File 5-2-87 10. Claim for Damage: (PW) Margaret Susan Mayer - File 3-1-861 AYES: COUNCILMEMBERS: Breiner, Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 443 Set date for Special Meeting of April 2, 1984 at 7:00 P.M. RESOLUTION NO. 6760 - PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR CHILDCARE PROGRAM PERSONNEL (MOU with MAPE-S.E.I.U. Local 949 Child Care Unit - from 9/1/83 thru 12/31/85). Approved staff recommendation to approve guidelines for the negotiation of a master CATV franchise agreement with VIACOM. Approved staff recommendation "to include only the Deerfield Property in the expanded Marinwood CSD Sphere of Influence," and directed City Manager's Office to notify LAFCo of this position. Approved George Hills Co., Inc. recom- mendation for denial of claim. Nave, Russom & Mayor Mulryan 3. CAPTAIN'S COVE CONDOMINIUM SUBDIVISION - File 5-1-289 x 10-3 a. Agreement (Pl) Councilmember Breiner inquired whether it would be possible to have staff work with the devel- oper on the possibility of making some of the units available to San Rafael City employees who work in the safety arena, and who might be interested in buying them. She stated that, if there are some units selling at $85,000 or if there are going to be 16 units for sale through the Marin County Housing Authority, the City would benefit if some of these were made available to City employees. A discussion followed after which Councilmembers agreed that the agreement should reflect these changes. Councilmember Breiner moved and Councilmember Nave seconded, to adopt the resolution author- izing the signing of the agreement, as amended. RESOLUTION NO. 6761 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH DEBRA HOMES REGARDING THE PROVISION OF BELOW-MARKET RATE RESIDENTIAL UNITS WITHIN THE CAPTAIN'S COVE PROJECT, SMITH RANCH ROAD AT YOSEMITE, as amended. AYES: COUNCILMEMBERS: Breiner, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. Approval of Final Map (PW) Frugoli, Nave, Russom & Mayor Mulryan Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt the resolution approving Final Map of Subdivision entitled "Captain's Cove; a Condominium". RESOLUTION NO. 6762 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED, "CAPTAIN'S COVE; A CONDOMINIUM". AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. SELECTION OF CONSULTANT TO PROVIDE SERVICES FOR THE BELLAM BOULEVARD INTERIM IMPROVEMENTS PW --File 4-3-114 Councilmember Frugoli asked why, based on previous experience with them, the firm of DKS was selected for this project. Public Works Director Bernardi replied that the reason DKS was selected is because their time table satisfied the schedule which was presented to Council some time ago. DKS indicated that they could get the job done earlier by at least two months. Councilmember Nave moved and Councilmember Breiner seconded, to authorize the City Manager to sign a service agreement for engineering services for Bellam Boulevard Interim Improvements with DKS Associates. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None I11 11. PUBLIC HEARING - EAST SAN RAFAEL TRAFFIC MITIGATION FEE PROGRAM (P1) - -L X IJKKN) K - Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed Council indicating that as a follow-up to a workshop meeting on February 13, 1984, several East San Rafael policy issue items were contained in a staff report to the City Council on February 21, 1984, which were: traffic levels of service, consideration of development application processing during preparation of the neighborhood plan, and adoption of traffic mitigation fees for East San Rafael. Council directed staff to prepare additional information regarding traffic improvement fees in East San Rafael. Both Federal and State funding sources have indicated that there will be limited ability to provide funding for needed transportation improvement in East San Rafael. The only Federal program available to fund the proposed East San Rafael transportation improvements is the FAU (Federal Aid Urban) program. State funding is divided among regions with a regional advisory board, the Metropolitan Transportation Commission, and the regional CalTrans office recom- mending project funding to the State Transportation Commission. Local CalTrans District 4 staff indicated that they do not expect funding for any new projects (beyond the Highway 101 High Occupancy Vehicle Lane and Manuel T. Freitas northbound onramp) to be available through 1990. Our information indicates that we need the funds well in advance of that. As previously stated, there are a variety of funding sources available to generate local funds to pay for needed roadway improvements. These source alternatives include gas taxes, special taxes, assessment districts, general tax, revenue sharing, redevelopment funds and traffic mitigation fees. On a national and state level, many cities are relying on private development to fund major interchange improvements. Several recent projects have raised questions about the applicabil- ity of transportation improvement fees to land use intensification. The only adopted City policy which addresses this issue is the Northgate Activity Center Overlay Zoning District. This zoning establishes base land use intensities and requires use permit review for changes which would increase peak period trip generation. The Northgate Activity Center Overlay Zoning District also requires any development project which increases P.M. peak period trip generation to pay a transportation improvement fee. The Northgate Activity Center Overlay District gives the City use permit authority over such intensifications of existing structures. A major reason for staff and Planning Commission recommendations and City Council adoption of the overlay district was to give the City such discretionary authority. A decision to eliminate fees for intensification will require revision to the existing Northgate Overlay Zone. The review of projects within the East San Rafael area has followed the policy direction included in the Northgate Activity Center Plan. Where the City had discretionary review of development projects, projects which increased evening peak period trip generation have been required to pay a transportation improvement fee. The only re -uses of existing buildings subject to discretionary review have been the 1981 remodel of 28 Bellam Boulevard from a Blue Chip catalog store to a restaurant and the 1982 development of a recycle center in an existing building at 1060 Andersen Drive. There has been some intensification of uses in East San Rafael which did not require discretionary permits and were not charged transportation improve- ment fees. A typical example of this would be the Whole Earth Access store replacing Skateland at 863 Francisco Boulevard. The policy alternatives on land use intensification are to charge fees to address the trans- portation problem or to allow use changes without fees. Use intensification can add to the traffic problem and justifies charging fees as has been done in the past. Also, the increased intensity of existing land uses and new development will require more transportation improve- ments than originally projected in 1981. The additional need for a new Highway 17 east -west crossing and San Quentin interchange improvements significantly inflate the total improvement package cost and require reconsideration of the existing $890 evening peak period trip improve- ment fee. Funding alternatives vary from full local development funding to a 50/50 match between State/Federal funds and local development/redevelopment funds. Northgate Activity Center fees have been demonstrated not to have an adverse effect on development in Northgate; no appeals of required Northgate traffic improvement fees have ever been filed. Consequently, it is fair to conclude that such fees would have no more impact on business vitality in East San Rafael. Ms. Moore then explained a comparison chart as follows: 1. Northgate Activity Center Fees All improvements full local development funding. 2. East San Rafael Fees All improvements full local development funding. 3. East San Rafael Fees Shared funding as shown. $11,000,000 1,840/trip; new development $37,000,000 6,806/trip; new development $11,000,000 State/Fed. 30% match $2,300,000 Redevelopment/City 4. East San Rafael Fees Shared funding as shown 445 $1,000,000 Already collected $22,000,000 4,18 /trip; new development $18,500,000 State/Fed. 50% match $7,000,000 edevelopment $1,000,000 Already collected $10,000,000 1,919/trip; new development Ms. Moore stated that she wished to bring to the attention of Council a correction in the staff report which indicated that Northgate Activity Center Level Traffic Mitigation Fees in East San Rafael would generate 30% of the $37,000,000, that figure should be 50%. Mayor Mulryan stated that the situation was well reviewed, and that what was required now was for Council to direct staff and to put together an ordinance to raise the fees; he asked whether Ms. Moore was recommending that the ordinance be established along the lines of the fourth alternative above. Ms. Moore replied that this is staff recommendation and the reason for that is because it is not reasonable in the East San Rafael area to use the approach used in Northgate whereby new development would totally fund improvements. The cost of those fees would be too great. But a 50/50 local and State/Federal share would be equitable. Councilmember Frugoli inquired about the figure of $37,000,000 and how it was obtained. Ms. Moore replied that an attachment to a previous staff report indicated all the improvements that were needed in the East San Rafael area, and the preliminary engineer's cost estimates were included. That's how the figure of $37,000,000 was generated. The reason that figure is so high is because we are talking about major reconstruction at the Bellam, 101, and 17 inter- change, relocating the northbound on and off ramp for 17, for example. Recently, it was found that a new crossing at 17, south of Bellam is needed. And that is a very expensive project also. Councilmember Frugoli stated that he feels this is unjustified because most of the traffic problem is northbound on 101 due to San Francisco -Sonoma traffic which uses 101 and which can't be controlled by San Rafael. He added that he felt the problem was not with Bellam and that the people of East San Rafael should not be charged for the northbound traffic on 101. Mayor Mulryan asked Councilmember Frugoli if he was objecting to the $37,000,000. Council - member Frugoli replied that he felt this figure was extremely high particularly because it was penalizing the East San Rafael (Bellam) area for traffic problems that are generated on Highway 101 through San Rafael. City Manager Beyer stated that several months ago, Council authorized staff to proceed with the actual prioritizing of these projects as well as looking at more detailed land uses in the area. The report, when presented to Council, will reflect that perhaps the improvements will not have an impact as it is thought at the present time and that projects that might be planned for 5 or 6 years from now may escalate even higher than what is being discussed today. Councilmember Nave expressed concern about the fairness of imposing fees on undeveloped lands at this time, while looking to the year 2000. He stated that the improvements and programs for East San Rafael should be limited to the immediate future. Further, that the East/West crossing may not happen for another fifteen years. Mayor Mulryan asked Ms. Moore when the undeveloped land would be assessed mitigation fees, and she replied that it would be prior to the issuance of the building permit. Councilmember Breiner stated it is important not to penalize the Bellam area merchants for the traffic that is backed down by the freeway traffic. A traffic consultant or traffic engineer should be checking and monitoring the midday level of service so that it would be possible to learn what the actual traffic is without the problems created by the freeway. She said it seemed important to have that differentiation between those two kinds of level of service. Councilmember Russom stated that Councilmember Nave's comments directed at the fairness of application of mitigation fees was quite well taken. He also agreed that there could be a danger of charging current developers fees for projects that may never be built; but added that if not enough fees are charged now, at some point later it will be necessary to say that there can be no more development, or else extremely high fees will have to be charged to developers. He stated the sensible way to resolve the situation is to make the most intelligent assessment of the area and what has to be done to mitigate the traffic situation, with the cost to be spread over from now to the time when the work is completed. IM Mayor Mulryan stated that his understanding was that San Rafael citizens through the State, Federal and Redevelopment will be paying around $26,000,000, and the balance only will be paid by property owners. Mayor Mulryan then asked for public comment. Mr. Fred Grange stated that basically he is opposed to the concept of traffic mitigation fees because it discriminates against future homeowners, renters and businesses; and it might encourage developers to go elsewhere. He urged Council, if they decide to charge these fees, to acquire credit on behalf of any developer who can demonstrate that his project benefits the traffic flow. Such might be the case with the construction of the extension of Kerner Blvd. which should be paid for not by the City but by the developers in the area. Mr. Patrick Burke spoke, representing Cagwin & Dorward Landscape and Engineering Co., which owns a site at 1637 Francisco Blvd. The site is being planned now for a 28,000 sq. ft. build- ing to be built for a single identified tenant. There are three requests that would make the planning process smoother: (1) The real problem area is the Bellam/Francisco interchange. Projects should be assessed on the basis of the number of peak hour trips through this inter- change, not on total peak hour trips. (2) Staff has suggested informally that projects south of Pelican Way should be assessed one half the traffic mitigation fees of projects north of Pelican Way. It is requested that Council direct staff to assess the project in a less arbit- rary manner, maybe it should be 52%; another 200 feet, 54% ... (3) Being at a very important stage in the planning of the project, it is requested that Council give a firm direction to staff tonight so that the impact of the traffic mitigation fees on the feasibility of the project can be determined. Mr. Gil Deane asked if there was a concise definition of what a traffic mitigation fee is? Also, if, regardless of the total and mix of the source of the total, is it possible for Council to determine what the traffic mitigation effect is in the East San Rafael area, and how that would relate to the traffic increase that will result from whatever projects are approved. In other words, is mitigation 100% of the cost. Planning Director Moore replied that the fee is a dollar amount per P.M. peak period trip. The way that fee was calculated is that there is a $37,000,000 package; the number of additional P.M. peak trips expected in the East San Rafael area with buildout development is calculated approximately, and the result is a proportionate share of that total transportation package, and that is how the fee is calculated - it is all based on trips generated at P.M. peak time. Mr. Laurie Felton discussed the size of the proposed Canalways project on Kerner Blvd. - some 250,000 sq. ft. - which is going to employ approximately 1,000 people. He asked if the traffic mitigation fees being discussed tonight are going to alleviate this instant problem of 1,000 additional people using the Bellam-Francisco interchange. He added that he understands that the developer has assured Council that they will have staggered hours. What will happen if, after the project is completed, the project is sold and is turned into a multi -business pro- ject. Who will monitor the staggered hours? Mayor Mulryan stated these questions will have to be addressed when the project is before Council on its own merit; the basic approach on the fees is based on those 1,000 employees and does include some traffic mitigation management measures to be taken. Sheila Hoffman, resident of the Spinnaker Point Community and chairperson of the Friends of Spinnaker Point, stated that on February 21, at the Council meeting, Councilmember Russom specifically mentioned that while recognizing that we were already at Traffic Level E service in the East San Rafael areas, use of fees similar to the Northgate fees would be totally insufficient to meet the needed interim improvements in East San Rafael. She stated that the $37,000,000 is today's assessment money and recommended that a better solution be found which may create more of a burden to developers, but not be intended to prohibit development. Upon being questioned by Councilmember Nave, Ms. Hoffman stated she has lived in her home for two and a half years. Councilmember Nave indicated that was before mitigation fees, and added that all citizens should be involved in the various costs that are needed for development and improvements. Ms. Hoffman stated there are currently approximately 125 units at Spinnaker Point of which about 100 are occupied. Building is continuing; however, there are about 20 units for resale. Prices have actually come down rather than increased because people are very concerned about the area, the proposed buildout, the fact that getting in and out of San Rafael 2-1/2 years ago took half an hour and now it takes much longer. Therefore, the value of the properties, whether or not the extra $2,000 is paid, has actually decreased. Mr. Clifford Elbing indicated that both the U.S. Post Office and Golden Gate Transit should be required to pay mitigation fees, as they generate much traffic in the area. William T. Bullard, attorney representing Wendy's at Andersen and Jacoby, stated that Council at a previous meeting set a maximum or ceiling fee for their project of approximately $55,000. At this time, a plea is made for some kind of relief from this fee. Mr. Bullard stated that his client, Mr. Gilmore, is willing to pay his fair share for traffic mitigation fees, but believes $55,000 is unfair. His project will not impact any of the critical intersections, will provide at least $20,000 annually in sales tax, plus provide about 120 jobs primarily for the youth of the area. 447 Planning Director Moore stated there was a not -to -exceed figure imposed, which was a 60% reduction of the fee for a 2,500 sq. ft. building. Councilmember Nave stated the high miti- gation fees are going to create problems of whether or not we stay competitive when other shopping centers start going up. Mr. Herbert H. Neinstedt, Executive Director of Marin Property Owners Association, referring to a letter which was sent to the Council, stated that the issues that evolved from the traffic mitigation fee program are the equity of the fee, the payment schedule and early construction of the various traffic improvement projects which are necessary. In underscoring the problems with regard to Federal and State funding, he referred to the most recent one which is the landscaping near the Bellam-Highway 17 interchange which cost $400,000. Yet, that is one of the ones being considered for revision. Support has been expressed for special assessment districts. Mr. Neinstedt added that consideration must be given to the fact that inflationary times will continue for at least the next two years, and that in itself is going to aggravate the situation. Councilmember Frugoli referred to special assessment districts as a possible mechanism for financing of mitigation fees, and the City should study this and the possibility of extending the financing of mitigation fees over a 20 -year period so developers will not have to pay the fees immediately. Attorney Lee Jordan, representing Cal -Pox, Inc., stated that the staff report indicates that special assessment proceedings are a constituted method of obtaining traffic mitigation fees which can be blocked by property owners who object or cannot be obtained if you do not have a 60% sign-up. He indicated he believes that is not entirely true. There are proceedings that can be conducted which will avoid the necessity of that 60% sign-up. He indicated he believes that is not entirely true. There are proceedings that can be conducted which will avoid the necessity of that 60% sign-up. Those special assessment proceedings are a means by which the total costs of the traffic improvement package are spread over a greater portion of the area which benefits from those improvements. The proposal which is before you now will place the entire burden on properties which have not yet been developed, even those which in the last few years have paid a fee approximately half of what is now projected. Further, it is important to remember that there are a number of properties which will undergo development in the future, vacant lands, such as those of my client, which nevertheless have been involved in traffic mitigation measures at an earlier stage in the processing of their subdivision applications. Some properties have made contributions in the way of signalization, dedications of rights-of- way, and some means ought to be devised which will allow credit for that kind of contribution at an earlier stage of development. Lastly, to assume that those businesses which concentrate traffic during the peak hour are the ones that must bear the total burden of traffic improve- ments is not totally equitable. There are a number of communities which have taken a flat rate approach to traffic mitigation fees, and have imposed those fees on the basis of the square footage of development regardless of when the traffic generation may take place. Mr. Jordan indicated that he hoped the public would be allowed to make further comments before an ordinance was adopted, and Mayor Mulryan agreed. Mike Liberman, with Robert Fields & Associates, urged the Council to find an equitable way of assessing traffic mitigation fees so that projects would not be held up or unfairly assessed, as the high fees would just be passed on by developers, thus increasing the cost of land, rents, etc. Ray Swanson asked whether all this was still at the planning stage and Mayor Mulryan replied that the package includes a variety of lists of projects which are at different stages of development. With no further comments from the public, the public hearing was closed. A lengthy discussion followed between Council and staff during which concerns were expressed about the amount of mitigation fees. After further discussion, the following motions were made: Councilmember Breiner moved and Councilmember Frugoli seconded, to reaffirm that Federal, State and local funds, including traffic improvement fees, be used for needed transportation improve- ments in East San Rafael, and that staff study the possibility of special assessment pro- ceedings in connection with those, as well as the possibility of assessment on a square footage basis as opposed to strictly peak hour traffic generated. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Breiner moved and Councilmember Russom seconded, to reaffirm established City practice of requiring transportation improvement fees for intensification of existing land uses when discretionary City permits are involved, and direct staff to also look into the possibil- ity of considering lowering them in some cases when justified. AYES: COUNCILMEMBERS: Breiner, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Nave ABSENT: COUNCILMEMBERS: None Councilmember Nave moved and Councilmember Frugoli seconded, that the interim mitigation fee for East San Rafael for peak hour trip be $1,493 per trip and $1,453 per dwelling unit. Any other fees calculated by square foot will use the percentage increase from $890 to $1,293 per trip as a base to calculate those fees. AYES: COUNCILMEMBERS: Frugoli & Nave NOES: COUNCILMEMBERS: Breiner, Russom & Mayor Mulryan ABSENT: COUNCILMEMBERS: None The motion failed. Councilmember Russom moved and Councilmember Breiner seconded, to direct staff to prepare an ordinance that establishes the total of approximately $11,000,000 to be generated by mitigation fees in the East San Rafael area. AYES: COUNCILMEMBERS: Breiner, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Nave ABSENT: COUNCILMEMBERS: None Councilmember Russom indicated he would like the City to pursue the possibility of assessment district formation, as well as a study of a City-wide tax for traffic improvements. 12. PUBLIC HEARING - CANALWAYS - ENVIRONMENTAL IMPACT REPORT: SOUTHEAST OF THE END OF BELLAM BOULEVARD; CANA WAYS GENERAL PARTNERSHIP, OWNER; J. BLEDSOE, PARTNER; DAVID C LDOFF, REPRESENTATIVE; AP 9-010-22, 23, 24, 25 AND PORTION 9-010-02 P1 - File 5-1-288 Mayor Mulryan declared the public hearing opened. Mayor Mulryan prefaced this item by stating that the Canalways EIR is a Planning Commission referral to Council. Many people are very concerned about the Canalways project, as it is a project of great magnitude which will have a great effect on the San Rafael community. This hearing is not for the approval or disapproval of the Canalways project; it is for the con- sideration of the EIR, to determine whether or not the EIR thoroughly describes the project, and whether its mitigation factors include all the possible or reasonable mitigation steps that could or should be taken to offset the effects of this project. Planning Director Moore briefed Council and stated that there have been some questions such as "Why the EIR now since the merits of the project are not before Council at this time?" The City does not have a master EIR document which clearly sets forth what the traffic is in East San Rafael. This EIR, and its addendum, does that. It does not just take into account the traffic impact in the Canalways project. It looks at it in the context of the impact from build-up in East San Rafael. Because we are at the point where any additional projects that would be approved by the City might trigger exceeding levels of Service D in the area, which is a definition of a significant adverse environmental traffic effect, it is necessary for the City to have a certified EIR in order to be able to approve any projects. Without an EIR, the City would have no options but to deny all development projects coming forward beyond this point because we cannot insure traffic level service D. The scope of the hearing is the adequacy of the EIR. She indicated that Art Brook, who is the planner for the Canalways project, has been the administrator in this EIR contract and will be providing more details for the presentation of the EIR. Senior Planner Brook stated that the purpose of the hearing is to review the EIR and determine its adequacy. The EIR must describe the project, the impact of the project, alternatives and mitigations as well as all the comments and responses to comments which were made during the public review period on the EIR. In the review of this particular project, the Planning Commission determined last year that an EIR would be required. At the conclusion of two public hearings the EIR was focused on wildlife, hydrology and sedimentation impacts. These impacts were not described in the East San Rafael Urban Design and Development policy statement that the City had previously prepared for the greater area. In terms of impacts and alternatives which are described in the EIR, the original project that was proposed was different from the 25 -acre development 55 -acre filled area that was described in the City's EIR document. The project proposed substantially more fill, the acreages were almost reversed. There was a little over 55 acres of development and only 25 acres of habitat area. To respond to this situation, the EIR now includes some fairly substantial range of development alternatives. One of the unusual aspects of this particular site is that the salt marsh harvest mouse has been on the site. The mouse is protected by Federal legislation and a special permit is required for any project which affects the mouse, which permit must be approved by the Fish and Wildlife Service. The mouse was not known to exist on the property when the City prepared the original documents, so there was a change in the information avail- able. One of the alternatives in the EIR that deal with the mouse is Alternative 5, which proposes a tidal restoration project at the front of the Canalways site. Alternative 6, proposed by the Audubon Society, would preserve an area proportionate to the site which is the Pickleweed area and would be used by the mouse. 11 s There are four additional alternatives presented to Council tonight. In terms of the alter- natives described in the EIR, the third option that is presented here was recommended by the EIR consultant. It is his judgment that this option maximizes the habitat values of the five -.. different types of wildlife that were found on the site, the mouse, herons and egrets and ducks. The fourth alternative is the one currently proposed by the applicant. It includes a 250,000 square foot 6 -story office building which was set into the habitat area, or an attempt would be made to develop a habitat area behind it. This option was prepared after the draft EIR was circulated. The third alternative is basically what the developer has attempted to do - to develop some of this interior area with a fresh water pond which would augment and enhance some of the habitat mixture which is proposed in the EIR. Mayor Mulryan asked if the proponent is suggesting Alternative #4 indicating willingness of acquiring the 40 acres. Mr. Brook said that is correct. There is some dispute with the wildlife agencies and some of the local wildlife interest groups as to whether the 4th alter- native would be very valuable since we would have a 6 -story office building on one side, and major arterial streets on the other side. This would be a small area enclosed by development and it wouldn't be as valuable as a similar area on the other side of the office building. Other issues included sedimentation, which was found not to be a significant problem because they would not be generally open to tidal action and therefore would not suffer from a high sedimentation rate. The flooding issue was analyzed. The EIR concluded that all of the prime alternatives would still maintain flood capacity, given a flood similar to the one that was experienced several years ago and the failure in the City pump electric supply. As far as the traffic issue is concerned, the Bellam interchange currently functions at level of Service D. The Canalways project at build -out would use the remaining level of Service E if it were constructed prior to major interchange improvements. Corte Madera has concerns about the proposed off-site mitigation in their area. They are concerned about the potential for flooding of Highway 101 and asked that any improvement be subject to their review, which it would be. The EIR has indicated that engineering and maintenance should be required, the levee should be properly engineered. There is also dis- cussion for the need for public access along the site in Corte Madera, and finally there is a discussion of potential on-site development impacts related to the dredging and the refilling of the Corte Madera site. Mayor Mulryan asked Mr. Brook to confirm his understanding that if Council had other alter- natives it might want to suggest be considered, now would be the time to do so. But now is not the time to make a final conclusion on alternatives or mitigations. Mr. Brook stated that this was correct. Councilmember Frugoli inquired if this EIR is not approved, would there have to be a focused EIR on the project specifically? Mr. Brook replied that if the project was found to have significant traffic impacts, a focused EIR would be needed. Councilmember Frugoli stated he had two questions, the first one in the Initial Study, #6, relating to increased existing noise levels. The answer was "No". Mr. Frugoli stated that it was unrealistic to assume that 1,000 people would not increase the noise level at any location. The second question from the Initial Study was on population. Mr. Frugoli stated it was difficult for him to believe that the added 1,000 people would not affect the area. Regarding a third item, on Transportation, Mr. Frugoli stated that even though projects have parking facilities, often drivers park in the street because it is more convenient. He also said that there were several other items which had not been properly addressed, and he asked Mr. Brook to explain the reason for the answers given regarding noise. Senior Planner Brook explained that in 1977, the City prepared an EIR that described all the cumulative buildout effects for development in the area, and in the review of this project, the City staff focused the analysis on any effects that were different from the impacts that were previously described in the overall development of the area. In this area, in terms of noise, we found that there is a potential for some noise effect along Bellam Boulevard due to the increased traffic volumes that are currently proposed on Bellam in the blocks from Kerner to Playa del Rey. Councilmember Frugoli stated that this was not covered. Mr. Brook replied that what is being addressed in the Spinnaker EIR as a primary reason for that increase is that the San Rafael Sanitation District project and the Spinnaker -on -the -Bay project provided some additional development that was not available to use when that initial assessment was prepared. City Manager Beyer asked Councilmember Frugoli if he wanted those comments to be spoken to, saying that these were covered in another EIR so that they would be addressed in some form. Councilmember Frugoli replied that these comments should be covered, because if they are not discussed at this time, then in the focused EIR, it will show that they were not covered satisfactorily. The other questions to address are: utilities, communications, human health services, etc. 450 Councilmember Breiner stated that she had several questions also, and particularly confusing statements regarding the location of the pumps should be clarified. Also to be addressed is an item on Page 103 of the EIR, it says that the area available for run-off retention exceeds the City drainage district commitment in all three alternatives. On Page 108, a response to a question states that future development in the watershed would increase run-off, increasing the likelihood of flooding. A comment says that there is no problem, but I guess there is no problem if the pumps are pumping, but the whole thing is rather inconsistent. Another item would be to to know which alternative not only is good in terms of habitat and other things, but in terms of flood plain and flood prevention, and the possibility of additional costs to the City because the run-off is increased. Senior Planner Brook stated that the pumps are currently in the corner of the City drainage assessment district pond. The pond is a 17 -acre pond that drains the majority of the East San Rafael area going back up to the San Quentin ridge, then almost to the Rod and Gun Club, and back over to Bellam Boulevard. The majority of the areas along Andersen Drive and south of Bellam Boulevard drain south of the City storm drainage pump. The only increased costs would be summer circulation of water required to maintain marsh vegetation and an assessment district is proposed to pay those costs. Kathy Campbell, Director, Canal Community Alliance, read a statement stating that she was addressing Council on the certification of this EIR for two reasons (1) to protect the financial and social investment of the Canal Community Alliance and neighborhood residents toward the completion of a thorough, comprehensive neighborhood plan; (2) to publicly state that this EIR is incomplete, incorrect and inadequate. She further stated that the Initial Study was made in April 1982 and was based only on a landfill study. There are a number of things wrong with this study and with the February 1983 draft EIR which resulted from it. The Environmental checklist on Page 64 of the draft EIR did not acknowledge potential impacts on the environment, such as deterioration of air quality, incease in noise levels, light and glare. The EIR based on the Environmental checklist of the Initial Study did not adequately address items having significant impacts, such as transportation, public services, energy, land use and utilities. So, what we have here is a narrowly focused EIR that was supposed to have been a fairly modest document focused not on traffic but on vegetation, wildlife and hydrology. It does not contain an accurate project description, and now, besides being presented for certification as a valid EIR, it is also being presented as a Master Traffic EIR. She added that such a focused EIR surely cannot be expected to carry so much weight on its rather narrow shoulders as a complete, correct and adequate environmental impact report. Mr. Jeff Stahl, resident at 3422 Kerner Boulevard, San Rafael, stated that he has lived at that address for the past 11 years and has seen many changes. One of the most important impacts in the area is noise which, with a population increase over the period of 1970-80 of 52.5%, has increased and will continue to increase. Mr. Stahl could not find this item in the EIR. Pursuant to Section 46050.1 of the Health & Safety Code, an analysis of the following sources of environmental noise should be included: highways and freeways; primary arteries and master local streets; passenger and freight, on-line railroad operations and ground rapid transit systems; commercial, general aviation, heliport, military airport operation and aircraft overflights; local industrial plants; and any other ground stationary noise services identified by local agencies as contributing to the community noise environment. With the new industrial park which houses United Parcel Service on Kerner Boulevard, the Golden Gate Transit, Burger King, Marin Square Shopping Center and soon a Wendy's and a heliport, a study of current noise levels as guaranteed by our General Plan should be made before the EIR is certified. Planning Director Moore, in reply to Mayor Mulryan's inquiry about these questions, replied that because comments and objections are different at this meeting than they were at previous meetings on the same subject, she would require some time for research, and would come back to Council with answers. Al Bianchi, attorney for the sponsor of the project, stated that the new comments and criti- cisms of the EIR would bring frustration to the project. These points were not raised at previous meetings. The cost of the program has been in excess of $30,000, in addition to 19 months of carrying costs for this project. If Council finds that the 200+ page document and all commentaries are not accurate, and this item must be continued, that at least it be brought back to Council in the shortest possible time. Angela Wood, Friends of Spinnaker Point, addressed Council on the subjects of Light and Glare, which were not considered at the time the initial EIR was being prepared because it related to the Herzstein property. Also mentioned is Aesthetics and Visual Impacts. The mitigation for the obstruction of the view is totally inadequate since it calls for merely landscape archi- tecture which will scarcely impact on the massive bulk and height of the proposed office structure. Mr. Gil Deane, resident at 153 Vista del Mar, San Rafael, stated that, according to a letter from the State of California Clearinghouse to the City it was stated in part that "comments must be addressed in detail, giving reasons why the specific comments and suggestions were not accepted. The responses should indicate any factors of overriding significance which required the suggestions or comments to be rejected. Responses to comments must not be conclusionary statements but must be supported by empirical or experimental data ..." He then called atten- tion to Pages 82 and 83 of the EIR, in which the response to a comment of the U.S. Fish and Wildlife Service (#8) states ..." This comment is informational and states the opinion of the commenting agency." Similar non -responses occur throughout the EIR. For example, Comment #21 on Page 89, Comment #16 on Page 87, etc. In the belief that the position of the State Clear- inghouse correctly states the CEQA and Judicial requirements, it appears that the EIR is inadequate for this as well as other reasons. 451 Mayor Mulryan requested that City Attorney Muzio study the objections and legal references to the EIR made at this meeting, and report findings to Council. City Attorney Muzio asked that the statements read by the previous speakers be made available in writing. Mr. Al Bianchi requested that these written comments be made available to him also. Mr. John Bodle, with the Conservation Committee, stated that there is one aspect in the EIR that has not been properly addressed, that is the second paragraph of Page 159 of the EIR, which addresses the 25/55 acre ratio of development and tidal restoration. This ratio should be adhered to. An alternate plan which addressed this item was submitted but was not taken into consideration. It is an important point for the preservation of the black -crowned night - herons and snowy egrets that nest and feed on West Marin Island. Bonnie J. Martz, co -chairperson of the Canal Community Alliance's Task Force on Housing and Land Use, stated that reference has already been made by others at this meeting to the problems of the EIR for Canalways based on an Environmental Checklist form that was originally filled out for the old Herzstein Trust landfill project and never revised to reflect the specific components of the Canalways proposal. Two items of importance are population and housing. No. 11 of the Checklist deals with population and asked if the proposal will alter the location, distribution, density or growth rate of the human population of an area. This item was checked "no" which would seem appropriate for a landfill project. But, Canalways is not a landfill project. It proposes 250,000 square feet of office space which will house 1,000 employees. Also proposed is a 350 unit housing project. These will result in an increase in population of 35 to 40%. In response to Item 12 referring to impact on housing, the answer was that there would be no impact. It stands to reason that with 1,000 additional employees in the office building, there will be a demand for housing in the area. Thus, the potential impact on the area's housing is significant and this subject is not adequately addressed in the EIR. By certifying this document, it will allow it to become a Master EIR, as permitted under CEQA guidelines, to serve as a benchmark against which future project EIR's for the area will be measured. A Master EIR that addresses neither Population nor Housing in the Canal area can scarcely be considered a benchmark document against which to measure anything. Mary Kay Sweeney, Canal Community Alliance, stated that public services were not properly addressed in the final EIR. The Herzstein Trust document stated "the cumulative development of East San Rafael will increase the need for public services. This is discussed in the Final EIR for the Urban Design Development Policy Statement." That policy statement was written in June 1977. There have been restraints imposed by the passing of Proposition 13, and those restraints have severely affected the schools and placed financial burdens on them. Currently, the Canal Community Alliance is financially supporting part of the English curriculum at Bahia. Jack McDonough referred Council's attention to Item 17 of the checklist "Human Health". The question of whether the proposal will result in exposure of people to potential health hazards is answered NO. However, Page 40 says that "water quality in the retention pond and overflow has not been measured; that water reaching the site contains elevated concentrations of oil and grease; and leachates from the San Quentin landfill may reach this site." In response, City staff said that a Water Quality Management Plan should be developed for the habitat area; that installation of an impermeable barrier against leachate was the responsibility of the landfill operator; and that the type of fill could not be identified at that time. The California Solid Waste Management Board has contacted the City noting that it was not provided an opportunity to review the EIR. Marta Sullivan stated that in going through the EIR Checklist, Item 2 referring to AIR, was checked "NO"; and that when there are 1,000 persons in offices each day and 350 additional residential units, the air quality is going to be affected by carbon monoxide emissions of increased traffic. Air quality impacts are discussed in a letter from Art Brook to Malcolm Sproul, dated February 24, 1983 stating that the entire area would not exceed adopted standards. Due to the current high levels of traffic in the Canal area, these studies may no longer be valid. Another air quality item pertains to odors and nuisance from the new sewage treatment plant being constructed at Andersen Drive. The consultants responded in the EIR by saying that this was not in the scope of the EIR and that discussions appear in Appendices A and C of the EIR. The issues pertaining to the CMSA plant and potential odors and nuisance need to be addressed in the EIR, along with proposed mitigation measures. Regarding animal and plant life, the entire initial Draft EIR was dedicated to a series of extremely controversial wetland management plans. It seems that only the consultants involved with the project, and the EIR, feel that these systems are designed to protect the wildlife using the existing wetlands systems. The final EIR should reflect the needs for a feeding area for nesting herons and egrets from West Marin Island as well as habitat for winter migrant and spring and summer nesting species of birds, and recommend mitigations which reflect the statements included in the expert testimony of the letters from the regulatory agencies and environmental groups. Don Dickenson, speaking as a member of the Board of Directors of the Conservation League, stated that it is essential for this EIR to contain a thorough analysis of Alternative 6. The consultant should analyze an alternative that not only is consistent with City policy, but also maximizes the safe water habitat that currently exists on the site. Concern was also expressed about the City's intent to have the EIR serve as a Master EIR for future decision making in the areas particularly as it relates to traffic impacts. 452 Mary Kay Sweeney, Canal Community Alliance, referred to Energy and utilities, and stated that due to the undeveloped nature of the parcel and the magnitude of the proposed project, infor- mation needs to be included regarding sewage lines needed on this site. Ted Kreines, president of Kreines & Kreines, stated that he had given assistance to previous speakers and handed a report to City Attorney Muzio for his review. With no further comments from the public, the public hearing was closed. Mayor Mulryan stated that he would like to refer this item back to staff for review and com- ments and to come back to Council at a later date, and asked how long it would take for a response to be prepared. City Manager Beyer replied that it would take a minimum of 60 days. Councilmember Frugoli moved and Councilmember Breiner seconded, to deny the adoption of the Resolution certifying the Final EIR. Mr. David Coldoff, Architect and Planning Consultant for the applicant, stated that the ques- tion is one of equity. The project has been in process for 19 months, the checklist in exis- tence for 24 months. The checklist was made against the 1977 EIR for East San Rafael General Plan, and whether or not the project made changes to that EIR, the question is whether or not the entire checklist has to be reconstructed because there happens to be a series of alter- natives which may or may not be accepted by the Council on the project. Granted, the City Attorney should have an opportunity to look over the comments and see whether or not he would advise Council as to their impairing the completeness of the EIR for certification, but the question remains as to the need to review the entire checklist. Mayor Mulryan replied that the comments will be taken and interpreted in relationship to this project and responded to. Mr. Coldoff asked if it is appropriate to reconstruct a new envi- ronment checklist on the basis of a series of alternatives when the project application has not been revised. Planning Director Moore stated that she would have to take the question under consideration along with all the other comments and information provided at this meeting. Mr. Coldoff stated that he would like to put this in the record and that he has considerable doubt that it is a necessity. Councilmember Nave said that 60 days seemed excessive. City Manager Beyer replied that it might be, and he did not know whether there is any substantive base for the questions that were raised. He understood Council wanted detailed responses and the whole item will have to be checked out. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Breiner left meeting) 13. PUBLIC HEARING - Z83-17 - ZONE CHANGE FROM "U" TO P -C -M DISTRICT FOR PG&E SERVICE CENTER SITE - 1220 ANDERSEN DRIVE; SAN RAFAEL REDEVELOPMENT AGENCY, OWNER; THE DESCONPR NERSHIP, JOSEPH KENT, AIA, REPRESEN ATIVE; AP 18-180-31, 37, 39 & 40 P1 - File 10-3 x R-232 x SRCC 4-4-4 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed Council stating that on February 14, 1984, the Planning Com- mission recommended to the City Council the certification of a Negative Declaration and adop- tion of a zone change from "U" (Unclassified) to P -C -M (Planned Commercial/Light Industrial) District for the PG&E Service Center at 1220 Andersen Drive. The Planning Commission also conditionally approved environmental design review for the new service center. All require- ments have been met. With no comments from the public, the hearing was closed. Councilmember Frugoli moved and Councilmember Nave seconded to adopt the resolution certifying a Negative Declaration for Rezoning of property at 1220 Andersen Drive. RESOLUTION NO. 6763 - CERTIFYING A NEGATIVE DECLARATION FOR REZONING OF PROPERTY AT 1220 ANDERSEN DRIVE Mr. Paul Judge, with the Canal Community Alliance, stated that they objected to staff recom- mendation to adopt a resolution certifying a negative declaration on the 11.93 acres of un- classified land in Neighorhood 30. We are aware of the negotiation with the Redevelopment Agency to exchange PG&E land for its property on Second and Lindaro and understand the dilemma this could possibly bring by asking someone to exchange property and then require an EIR. However, this 11.93 acreage is now vacant grassland, and any development calling for 4 build- ings, encompassing 26,700 square feet will have an impact particularly on traffic and circu- lation. Therefore, we request a Focused EIR on 1220 Andersen Drive with the cost to be shared by the City and the applicant. Mayor Mulryan asked City Manager Beyer if he wished to comment on the above, and Mr. Beyer stated that an Initial Study and a Negative Declaration were done on the total project of the relocation to this site, and then the new development on the PG&E site. 453 Planning Director Moore stated that the Initial Study is available for review. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 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 "U" (UNCLASSIFIED) DISTRICT TO P -C -M (PLANNED COMMERCIAL AND LIGHT INDUSTRIAL) DISTRICT (1220 Andersen Drive)" 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 for the first reading and pass the Ordinance, numbering Charter Ordinance No. 1480, to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner (Councilmember Breiner returned to meeting) 14. PUBLIC HEARING - VACATION OF PORTION OF JACOBY STREET (PW) - File 2-12 x 2-7 Mayor Mulryan declared the public hearing opened. City Manager Beyer stated that he had a meeting with adjacent property owners that raised some potential issues which might affect them. Time is needed to review these questions, and it is requested that this item be continued to April 2, 1984. With no comments from the public, Mayor Mulryan continued the hearing to April 2, 1984. 15. PUBLIC HEARING - SALE OF SURPLUS LAND TO SAN RAFAEL REDEVELOPMENT AGENCY - VACATED PORTION OF JACOBY STREET PW - File 2-7 x 2-12 Mayor Mulryan declared the public hearing opened. At the request of City Manager Beyer, and with no comments from the public, Mayor Mulryan also continued the hearing to April 2, 1984. 16. PROPOSAL TO SELL CITY PROPERTY AT END OF BELLAM BOULEVARD JOINTLY WITH SAN RAFAEL SANITATION DISTRICT (CM - File 2-18 x 147 Mayor Mulryan stated that the City is in the process of putting the property out for bid and there is considerable interest in it. It was learned that it would enhance both the San Rafael Sanitation District property as well as the City adjacent property if they were both sold jointly and if housing were put on those properties. Mayor Mulryan urged the Council to support this idea. Councilmember Breiner asked if this would include a fair amount of low and moderate housing. Mayor Mulryan replied that it would. Attorney Jay Paxton, representing the Housing Authority, stated that due to the financial constraints that apparently face the San Rafael Sanitation District, it has imposed rather rigid requirements with respect to the nature and the structure of the transaction. He urged the City, in its effort to link the two properties together in a single disposition, that the City do what it can to preserve its own flexibility with respect to the other parcel. Councilmember Breiner moved and Councilmember Frugoli seconded, to accept the suggestion to market the City property at end of Bellam Boulevard jointly with the San Rafael Sanitation District with the proviso that there be flexibility in City financial arrangement. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. STATE INFRASTRUCTURE RECOMMENDATIONS (CM) - File 9-1 Councilmember Breiner stated that this item is to be considered together with Item 21c. 18. KERNER BOULEVARD ASSESSMENT DISTRICT (PW) - File 6-35 Public Works Director Bernardi briefed Council stating that the adoption of a number of Reso- lutions authorizing the City to invite sealed bids is the next to last step in proceeding with the public improvements of the Kerner Boulevard Assessment District. The estimated con- struction costs including contingencies are $2,679,000, and the right-of-way acquisition costs are $2,346,000. The entire bond amount is $5,855,000. The plans and specifications have been prepared and are being approved by us. The project is ready to go to bid, and we recommend approval of the various items. 454 Councilmember Frugoli had a question on Petition for Special Assessment stating that he had spoken with one of the property owners who worried about the amount he would have to pay. Mr. Bernardi replied that in reviewing old documents it was found that there was a requirement that current or future property owners pay their fair share of the construction of Morphew Lane. Then the Retirement Board bought the property as an investment and inherited the obligation of paying for part of Morphew Street. Bond Counsel Edwin N. Ness, with Sturgis, Ness, Brunsell & Sperry, stated that the Council for a number of years has had the policy of having the Engineer work out problems that may arise with property owners on assessment districts. This project is no exception. Everything has been done to iron out any problems. Also, Council should note that there has been a change in the Resolution of Intention in the Surplus paragraph, and a substitution inserted there. Also, a Petition for Special Assessment Proceedings was added to the package; it came from the Marin County Employees Retirement Association. Mr. Fred Grange stated that he initiated this district and has worked on it for some time; however, at this time, he is having some problems that he feels cannot be resolved this evening and is asking for a postponement of two weeks. Public Works Director Bernardi recommended that the item not be postponed, stating that the final protest hearing is scheduled for May 7, 1984, and that will be a public hearing when this can be heard. Council agreed to continue to work with Mr. Grange on his stated problems. a. Filing of Additional Petition - Petition filed. b. Resolution Amending Resolution of Intention as to Description of Work and Surplus Paragraph RESOLUTION NO. 6764 - RESOLUTION AMENDING RESOLUTION OF INTENTION NO. 6447 AS TO DESCRIP- TION OF WORK AND SURPLUS PARAGRAPH. KERNER BOULEVARD ASSESSMENT DISTRICT. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None c. Resolution Approving Agreement with Landscape Architect RESOLUTION NO. 6765 - APPROVING AGREEMENT FOR ARCHITECTURAL SERVICE. KERNER BOULEVARD ASSESSMENT DISTRICT. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None d. Engineer's Report - Filed. e. Resolution Accepting Report and Setting Hearing of Protests for Date of May 7, 1984 RESOLUTION NO. 6766 - ACCEPTING REPORT AND SETTING HEARING OF PROTESTS FOR MAY 7, 1984. KERNER BOULEVARD ASSESSMENT DISTRICT. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None f. Resolution Calling for Construction Bids (Bid Date: April 19, 1984) RESOLUTION NO. 6767 - CALLING FOR CONSTRUCTION BIDS (BID DATE: 4/19/84) KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None g. Notice of Improvement - Original filed. h. Notice Inviting Sealed Bids - Original filed. 19. RE ST BY MR. SIDNEY HENDRICKS FOR TRADE OF 22+ ACRES OF WETLANDS FOR 6.8 ACRES OF CITY -OWNED RTY AT END OF BELLAM BOULEVARD CM --File 2-18 City Manager Beyer stated that his staff report explained the proposal and he would be happy to answer any questions concerning the report. Mr. Sidney Hendricks, with Seaport Development Company, stated that he had initiated the letter requesting the trade of the two parcels. He understands that it has been recommended there be no trade, but he would be interested in continuing to work on this project, such as a trade with remuneration. 455 City Manager Beyer stated that if Council is interested in a trade, this would have to go through a different process than the one for disposal of the property. .�.. Councilmember Russom moved and Councilmember Frugoli seconded, to instruct staff to respond to Mr. Hendricks' letter stating that the City is not interested in making a land trade at this time. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. REORGANIZATION OF RECREATION DEPARTMENT (CM) - File 9-3-65 Councilmember Frugoli moved and Councilmember Russom seconded, to accept staff recommendation that no organizational changes be made with the Parks Division. Also, that City Manager's office take steps to insure closer coordination between Parks Division and Recreation Depart- ment for better implementation of Recreation Department programs. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 a. AB 780 (Robinson) - An Act to Amend Section 3503 of the Elections Code Relating to Elections. SCA 44 (Montoya, et al) - A Resolution to Propose to the People of the State of California an Amendment to the Constitution of the State, by Amending Section 8 and Section 10 of Article II thereof, Relating to Initiatives. City Manager Beyer stated that these two bills were presented to Council at the last meeting by Mr. Greaves of the Marin United Taxpayers Association. In this case, it is felt that AB 780 and SCA 44 will have no direct effect on the City of San Rafael; for your information, the League (of California Cities) has not acted on any of them. Mayor Mulryan stated that he felt AB 780 should be opposed, and after a short discussion by Councilmembers, Mr. Greaves stated that what was asked was that the City Council adopt a resolution opposing both of the above-mentioned measures. Councilmember Nave moved and Councilmember Frugoli seconded, to adopt a Resolution opposing AB 780. AYES: COUNCILMEMBERS: Frugoli & Nave NOES: COUNCILMEMBERS: Breiner, Frugoli & Nave ABSENT: COUNCILMEMBERS: None The motion failed. Councilmember Nave moved and Councilmember Frugoli seconded, to adopt a resolution opposing SCA 44. RESOLUTION NO. 6768 - RELATIVE TO THE PROTECTION OF THE CITIZENS' INITIATIVE PROCESS (Thereby opposing SCA 44) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None b. Operation Slush Fund Mr. Fielding Greaves stated that Section 9130 of the Government Code exempts the California State "Contingency and Printing Fund" from normal audit procedures governing all other State funds under provisions of Section 925.6 of that Code. The auditing system has been totally inadequate and numerous cases of personal abuse have been documented in the press and by Operation Slush Fund. The League has taken action on this and the Board of Supervisors unan- imously adopted a resolution urging that Section 9130 be repealed, and so have 13 other govern- ments in the State of California. City Manager Beyer stated that the League of California Cities rejected a resolution supporting the repeal. Mr. Greaves replied that the League gave two reasons for rejecting the resolution: (a) because it had no direct impact on municipal government, and (b) it was inappropriate for municipalities to act in such a way as to tell the State how to handle its own affairs. After a short discussion by Councilmembers, City Attorney Muzio was requested to obtain a report from the State and bring this matter back to Council. 456 c. Other Legislation Councilmember Breiner moved and Councilmember Frugoli seconded, to adopt staff recommendations, as follows: AB 2468 (Cortese) and SB 1300 (Marks) - Long Term Financing - Support. ACA 55 (Cortese) - Constitutional amendment would give local voters authority to vote (by 2/3rds) to approve a special property tax rate to support local general obligation bonds for construction of capital facilities - Support. SB 575 (Foran) Joint and Several Liability - Reaffirmed support. AB 2641 (Roos) Financing California Public Improvement Authority - Support. ACA 35 (Bader) Reimbursements for State Mandated Programs - Support. SB 1426 (McCorquodale) Agency Shop - Opposed. AB 3618 (Roos) Housing Element Revisions - Support. AB 3114 (Harris) Immunity from Liability for Natural Condition of Public Property - Support. AB 2622 An Act to Amend and Repeal Section 65943 of the Government Code, Relating to Development Projects - Opposed. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM: AWARD OF BID FOR RADIO COMMUNICATION EQUIPMENT FOR USE BY POLICE DEPARTMENT (CM) - File 4-2-173 City Manager Beyer reported that last December, bids were received and opened for 8 Walkie- Talkie portable radios, for the Police Department. At that time, the low bidder was the Repco Company, and we had asked and they agreed that we test their equipment prior to purchasing it. Based on our experience of testing them and the problems we had in one week, we would recommend that this bid not be accepted and that we accept the next higher bid which is about $40 more per unit, with the Motorola Company. The reason this item was brought up at this time is because the bids with Motorola are only good until the end of March. Councilmember Frugoli moved and Councilmember Breiner seconded, to reject the bid from the Repco Company, and adopt Resolution awarding bid for radio communication equipment to Motorola Communications Engineers, Inc. RESOLUTION NO. 6769 - AUTHORIZING THE PURCHASE OF RADIO COMMUNICATION EQUIPMENT FOR THE POLICE DEPARTMENT SERVICE FROM THE MOTOROLA COMMUNICATIONS ENGINEERS, INC. (lowest responsible bid) (for a total price of $11,020.40 - 8 Walkie- Talkie Radios and ancillary equipment) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 22. CLOSED SESSION The Council did not meet in closed session due to the lateness of the hour. APPROVED THIS tl, DAY OF 1984 -MAYOR OFTH U11Y UF 5AN RAFALL *** *** *** *** *** *** *** ***