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HomeMy WebLinkAboutMinutes 1981-1984 pt. 6In Room 201 of the San Rafael City Hall, Monday, April 2, 1984, at 7:00 PM. Special 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; Jeanne M. Leoncini, City Clerk 457 1. INTERVIEWS OF APPLICANTS FOR VACANCY ON DESIGN REVIEW BOARD (CC) - File 9-2-39 x R-65 Council interviewed the following applicants to fill vacancy on the Design Review Board caused by the resignation of Charles F. Schrader: Roger McErland Cyr Miller Applicant John Powers appeared before the Council but declined to be interviewed as he indica- ted he would be unable to serve on the Design Review Board if chosen at this time due to a conflict in meeting dates with another business commitment this year. Mr. Powers asked to be notified if another opening should occur next year as he would be interested in serving in the future. Council agreed to his request. Applicant William H. Liskamm was unable to appear for the interview at the last minute due to a business commitment, however, he called to ask if his interview could be postponed. Council agreed to reschedule Mr. Liskamm's interview at a special meeting to be held on Monday, April 16, 1984, at 7:15 PM. 2. INTERVIEW OF FIRE COMMISSIONER H. R. "RUSTY" GHILOTTI FOR REAPPOINTMENT TO FIRE COMMISSION - File 9-2-5 The Council interviewed Fire Commissioner H. R. "Rusty" Ghilotti for reappointment. After discussion, Councilmember Frugoli moved and Councilmember Breiner seconded, to reappoint H. R. "Rusty" Ghilotti to the Fire Commission for a 4 -year term, expiring March 1988. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The City Council adjourned to a Special Joint Meeting with the Redevelopment Agency Re Transpor- tation Center the same night @ 7:45 PM. J M. E CINI, City Clerk APPROVED THIS DAY OF 1984 MAYOR OF THE CITY OFA Rf� AFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, April 2, 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: REFERRAL FROM GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT (GGBHTD) RE TRANS- PORTATION CENTER ED - File R-81 x SRCC 112-2 City Manager/Executive Director Beyer briefed Council/Agency stating that he wanted to bring to their attention the letter received from Mr. Jerome Kuykendall, GGBHTD, his interpretation of it, which raised some questions as to whether or not all the parties involved are in complete agreement at this point on the project. He felt it was important that the Council/Agency review the letter and that there be some clarification on the District's position as approved by the Board of Direc- tors. Mayor/Agency Chairman Mulryan stated that a number of design observations had been made and that among them the most critical was the parking. Mr. Jerome M. Kuykendall, Director of Planning and Policy Analysis, Golden Gate Bridge, Highway and Transportation District, stated that as it was put in the letter, the Building and Operating Committee and the Board reviewed the correspondence from the City. They felt comfortable with the design issues and the 19 design conditions previously mentioned. The consultant has been instruc- ted to work toward that end, accommodating those 19 items to the best he could, and if there are items which can't be incorporated for some reasons, that they simply be identified, they will be made known to the City and staff, but the work will continue as is best for the project. So, there was no concern with the design items, and they are being incorporated in the facility. The one area which concerned the Bridge Board, which is contrary to the City's position, relates to the development of any significant parking for commuters. The Bridge Board felt that that was an activity which exceeded the scope of the current project. They indicated their willingness to review it, and work toward a new and separate project which addresses the needs for commuter parking in the City. The District to date has never developed commuter parking throughout its service area with one exception where, in Santa Rosa the old airport was purchased in order to build the bus facility and parking; this was feasible because there is a considerable amount of excess land available. All of the other commuter parking facilities have been developed either by local jurisdictions or, as is more generally the case, by CalTrans itself. So, the position of the Board was that if the City wished to review the needs of commuter parking in the area, that it certainly would be willing to do that and put its effort behind whatever the City wanted to devel- op, but felt it was not in the best interest of this project to attempt to bring that into it at this stage. Mayor/Agency Chairman Mulryan asked whether this meant the financial interest. Mr. Kuykendall replied that it did, and also because of the timing constraints. The consultant was asked what kind of effect it would have on the project if we were to bring in an additional element of this nature, and it was indicated that there would be financial effects as well as some signifi- cant effects on the staging and the timeline that has been set. Mayor/Chairman Mulryan stated he thought they had already talked about parking all along at pre- vious meetings, and looked at this as a multi -model; clearly, there would seem to be some merit to the idea that, in order to attract the main body of people who are going to be using the Transpor- tation Center, that there be some way to attract them to it. Of course, having parking would provide a convenience and assure the center success. He asked if the Board had judged that need? Mr. Kuykendall replied that he thought the Board's perspective was that the project, as it now is being developed, is a replacement for the existing facility at Fourth & Netherton, and as such it has not been their desire to make this into a larger project which would induce additional people to come to this area for this transit purpose. What is desired now is to make it more pleasant, safer and an attractive activity rather than trying to generate additional activity in the area. The staff review suggested that, if the City wanted to provide additional facilities for commuters, probably there would be better locations to do it than the particular areas in which we are working right now. It seemed, at least with a cursory review, and he said he thought this was concurred by certain City staff, that to bring large numbers of commuters to this area who now do not go to this area, would simply aggravate the traffic problems. Therefore, if additional commuter parking is desired, it might be preferable to find other locations closer to where commuters reside and service them with bus service which is more direct. Mayor/Chairman Mulryan stated that the whole point of having a transportation center is to en- courage people to use public transportation. He said he understood the ridership on the buses is down. The way to make this survive is to make it convenient and to attract more people to the buses and to the ferries. He asked if that was not the District's objective as well. Mr. Kuykendall replied that is the objective - to make this facility more attractive than what currently exists at Fourth and Netherton. Councilmember/Member Breiner asked whether there had been a change in the design from the previous one. Mr. Kuykendall said that the one presented at this meeting is the most recent effort of the con- sultant, and has not yet been reviewed by the City staff. It was just received about two days prior to the meeting. Councilmember/Member Breiner stated that the reason she asked was because, not having scrutinized it close up, it looks like there are fewer parking spaces than there were in the last draft. Mr. Kuykendall replied that the criteria, as laid out by the City, is for 10 automobile parking spaces. There are 9 spaces. Councilmember/Member Russom stated that his impression was the purpose of this transportation center went far beyond being a replacement for the Fourth and Netherton center. He said he thought that part of the Bridge District's criteria insisting on this particular location was that it should be truly multi -model or inter -model, that the idea was to combine the various types of transportation (railroad, bus, airporter) which certainly would have to include the automobile. You said earlier that the Bridge District is seeing that as simply a replacement for Fourth and Hetherton. Is that the current view of the District Board? 459 Mr. Kuykendall replied that it is the current view; but he asked that his words not be mis- interpreted, and that when he said replacement for the current Fourth and hetherton activity he was speaking with respect to the commuter activity. All the other modes of transportation are also the goal of the District, as he understands it. He said he hoped he conveyed that the District is indicating its willingness to participate with a development of commuter parking facility. They feel the project should move forward as rapidly as possible and keep up with the time line set previously, and they are not rejecting the commuter parking facility as a concept. Mayor/Chairman Mulryan indicated he thought there should be a delegation and that it should meet with some members of the Board to explore how best this can be accomplished and that, while the City is willing to go forward with this project, it can only be if there is some sort of assurance that there will be parking whether this starts right now or slightly later than the center itself. - But parking must be provided, and it should be in close proximity to the center. Councilmember/Member Frugoli stated that he agreed fully that to induce people to use these buses, there should be parking provided at the bus terminal. The idea is not to bring more cars to the downtown area, and have people leave cars in parking lots for 8 to 10 hours. The idea is to attract people downtown and have parking lot spaces available for shoppers also. Councilmember/Member Nave stated that he felt there should be a first class transportation center, and that it should provide parking for commuters, and that if space is not found to accommodate all the parking requirements, perhaps the center should stay under the bridge. But the City should not lose control over the project. Mayor/Chairman Mulryan asked Mr. Kuykendall if he could convey these comments to the Bridge and the consultant. He thought a meeting should be set between the City and Board members and the con- sultant to see how far along the 19 conditions are progressing, or if there are some conditions which cannot be incorporated into the design, and particularly how the City views the parking. Mr. Kuykendall replied that he thought a meeting would be very helpful. Councilmember/Member Russom stated that there was some contradiction in the wording of the reso- lution, Paragraph 2 where it said: "Authorize District staff to work with the City of San Rafael to review the need and opportunities for improved commuter parking facilities in San Rafael...", then a few lines down, it said: "the Transportation Center project predicated upon the condition that no off-site parking be required..." Mr. Kuykendall replied that he thought the feeling of the Board was that if it was the City's intent that this project not move unless the parking was a part of the project, then they did not want to authorize this additional expenditure. However, if the City were agreeable that this parking activity could take place as a separate item, the project could move forward irrespective of the outcome regarding the parking, then they would have no problem with moving forward with the expenditure of additional funds for this project. Councilmember/Member Russom stated that he would like to be a part of the delegation. Mayor/Chair- man Mulryan and Councilmember/Member Russom will meet with Board members and the consultant as soon as convenient. There being no further business, the meeting was adjourned at 8:00 P.M. to the City Council meeting immediately following. JEUNE M. LEONCINI, Eity Clerk/Agency Secretary APPROVED THIS I6 DAY OF 1984 AWRENCE E. MU PAN, Mayor/Agency Chairman In the Council Chambers of the City of San Rafael, Monday, April 2, 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; Jeanne M. Leoncini, City Clerk; Peter J. Muzio, City Attorney CONSENT CALENDAR: Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item 1. Cultural Affairs Commission Recommendation re $2,000 Expenditure from J. Harold Dollar Trust for Falkirk Phase III Restoration (Lib/Cult. Aff) - File 8-10 2. Fine Free Week for Library, April 9 - 14, 1984 (Lib) - File 9-10-2 x 9-3-61 3. Annual Telephone Maintenance Agreement with COMPATH (CM) - File 4-3-88 4. Request by San Rafael Chamber of Commerce for Street Closure - "B" and "C", between Third and Fourth, to hold Annual Flea -Esta, Sunday, May 13, 1984 (CM) - File 11-19 6. Resolution of Appreciation for Design Review Board Member Charles F. Schrader (P1) - File 102 7. Resolution Accepting Grant of Right -of -Way from New York -California Industrial Cor- poration for Slide Repair on San Pedro Road (PW) - File 2-2 8. Resignation of Commissioner V. H. Nicholson from the Park and Recreation Commission (CC) - File 9-2-4 x 102 a. Acceptance of Resignation and Call for Applications b. Resolution of Appreciation 10. Bid Opening and Award of Contract - Bret Harte Road Slide Repairs (PW) - File 4-1-363 13. Claims for Damage: (PW) a. Stephen M. Thomson - File 3-1-863 b. Peter Greene Mathews and Leslie Mathews - File 3-1-866 Recommended Action RESOLUTION NO. 6770 - AUTHORIZING $2,000 EXPENDITURE FROM J. HAROLD DOLLAR TRUST FOR FALKIRK PHASE III RESTORATION (Installation of a Magnesite floor in kitchen) Approved Library Fine Moratorium April 9 - 14, 1984. RESOLUTION NO. 6771 - AUTHORIZING EXE- CUTION OF AGREEMENT (with ALLTEL SYSTEMS, INC., COMPATH DIVISION - Maintenance Service Agreement for period of one (1) year, commencing on Dec. 21, 1983, at a cost of $6,300) Approved request to use City parking lot on Third & "C" Sts., and the closing of "B" & "C" Sts. bet. Third & Fourth Sts. from 7:00 AM to 5:00 PM on Sunday, May 13, 1984. RESOLUTION NO. 6772 - RESOLUTION OF APPRECIATION - Charles F. Schrader, resigned Design Review Board Member. RESOLUTION NO. 6773 - ACCEPTING CON- VEYANCE OF STREET RIGHT-OF-WAY FOR REALIGNMENT OF PORTION OF NORTH SAN PEDRO ROAD, SAN RAFAEL Approved staff recommendations: Call for applications to fill unexpired term to end of May 1986; set deadline for receipt of applications for Tues., 4/24/84 - 12 Noon; set date for inter- views at Special Mtg., Monday, 5/7/84 @ 7:00 PM. RESOLUTION NO. 6774 - RESOLUTION OF APPRECIATION - V. H. Nicholson, resigned. RESOLUTION NO. 6775 - AWARDING CONTRACT FOR BRET HARTE ROAD SLIDE REPAIRS (To WILDCAT CONSTRUCTION - low bidder, in amount of $4,330). Approved George Hills Co., Inc. recom- mendations for denial of claims. 14. Request for Out -of -State Training for Police Approved staff recommendation. Lieutenant P. Robert Krolak (PD) - File 9-3-30 x 7-4-6 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. NEIGHBORHOOD CRIME WATCH SIGNS (PD) - File 125 x 9-3-30 461 Councilmember Russom inquired about the cost of this project, stating that the backup material indicated the neighborhood signs will be paid for by the neighborhood groups who requested them. He asked who would be responsible for placing signs at the City limits and the cost. City Manager Beyer replied that the City will be responsible and the cost is minimal. Councilmember Russom moved and Councilmember Breiner seconded, to adopt the crime "eye" signs and approve the installation of these signs. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. ALBERT PARK CONCESSION CONTRACT (DOLLY NAVE) (Rec) - File 4-10-161 (This item was removed from the Consent Calendar as Councilmember Nave indicated he would be abstaining from voting). RESOLUTION NO. 6776 - AUTHORIZING THE SIGNING OF AGREEMENT (With Dolly Nave, Snack Bar Manager/ Albert Park Concession - from April 1, 1984 to March 31, 1985). AYES: COUNCILMEMBERS: Breiner, Frugoli, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Nave 11. CONSIDERATION OF AWARDS OF BIDS: a. ONE AMBULANCE FOR PARAMEDIC SERVICE - File 4-2-187 Mayor Mulryan stated that in reviewing this item, he noticed that a modular system had been recommended rather than a van, and asked what the difference in price is. Fire Chief Marcucci replied that a van -type vehicle costs from $35,000 to $36,000 and is expected to last about 5 years, at the end of which the van is retired and put in reserve. The modular -type vehicle costs more to begin with, but at the end of 5 years, the chassis can be replaced (one body can probably last through 2 or 3 chassis). RESOLUTION NO. 6777 - AUTHORIZING THE PURCHASE OF ONE PARAMEDIC AMBULANCE UTILIZING EQUIP- MENT REPLACEMENT FUNDS (From the STONER AMBULANCE MANUFACTURING COMPANY, low bidder in amount of $43,151.59) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. LIFE SUPPORT EQUIPMENT - File 4-2-188 Mayor Mulryan asked why new electronic equipment is needed. Fire Chief Marcucci replied that this particular equipment deteriorates very rapidly as it is used daily in all types of emergency situations, and needs replacement about every 5 years. Councilmember Russom asked why there was only one bidder for this equipment. Chief Marcucci indicated that the equipment used in Marin County is unique in that it is neces- sary to use mountain -top repeaters and equipment in the ambulance to repeat the signal because of topography. There is only one company that basically manufactures this type of equipment, and the price is acceptable. Councilmember Frugoli asked that the old ambulance be kept as backup equipment if repair is needed on the new one and Council agreed. RESOLUTION NO. 6778 - AUTHORIZING THE PURCHASE OF LIFE SUPPORT EQUIPMENT FOR THE PARAMEDIC AMBULANCE (From PHYSIO -CONTROL COMPANY, low bidder, in amount of $8,018.90). AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 462 12. CONSIDERATION OF AWARD OF BID - FURNITURE FOR PICKLEWEED RECREATION CENTER (Rec) - i e 4-2-189 x 2-1-55— Mayor - - Mayor Mulryan asked why some of the bids were found unacceptable. Assistant City Manager Nicolai stated that the bids were awarded to the low bidders for all of the material which was specified. Much time was spent in the selection of chairs and the conference table. Regarding the stacking chairs, one of the alternatives was rejected because of the quality of the chairs. RESOLUTION NO. 6779 - AUTHORIZING THE PURCHASE OF FURNITURE FOR USE AT PICKLEWEED PARK COMMUNITY CENTER (To low bidders: ADVENT OFFICE FURNITURE - $18,179.16; INNER LIVING FURNITURE AND DESIGN CO. - $9,293.85; BOISE CASCADE, OFFICE PRODUCTS DIV. - $385.80; and MOORE'S OFFICE SUPPLIES - $2,621.38) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13b.CLAIMS FOR DAMAGE (PD) - MARK SUMMERS - File 3-1-864 Mayor Mulryan aksed that this item be discussed in closed session. ADD ITEM RESOLUTION OF APPRECIATION - VERNON H. NICHOLSON, PARK AND RECREATION COMMISSION MEMBER, RESIGNED - File 102 Mayor Mulryan presented the Resolution of Appreciation to Mr. V. H. Nicholson and thanked him for the fifteen years of dedicated service he gave to the City as a member of the Park and Recreation Commission. 15. PUBLIC HEARING - VACATION OF PORTION OF JACOBY STREET (PW) - File 2-12 x 2-7 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi briefed Council stating that the original purpose of Jacoby Street was to provide for additional access to properties as they developed along Andersen Drive. Because of the type of use PG&E is proposing, the extension of the roadway to serve PG&E is not necessary, and the existing properties on that part of Jacoby Street have adequate access from Andersen Drive. However, representatives of the adjoining property owner to the south have indicated that he is not in favor of the vacation as it would remove his direct access to Andersen Drive. Therefore, staff has proposed that the easternmost 60 -foot section of the right-of-way not be vacated. No additional environmental review is necessary for the vacation process. Joseph Lemon, Attorney representing Mr. Said Mokhtarzadeh, stated that Mr. Mokhtarzadeh was concerned about the abandonment on the other side of the road. He understood the 60 -foot wide street was necessary, and now 30 feet are being taken away; and not only does that take 30 feet of his road which is in front of his property, but it is very difficult for him to replace it even on his own side because of the steep topography at that location. He also expressed his desire to work cooperatively with the City. It is understood that one reason why this street can be narrower than 60 feet is that on the PG&E side, the expressed intention is that there would not be any access or driveway on that side, or parking. There would be a fence there. That should be a part of the conditions imposed on PG&E so that, at some point in the future, Mr. Mokhtarzadeh will not be required to provide an adequate roadway for more traffic. Also, the keeping of the last 60 feet was because Mr. Mokhtarzadeh has barely adequate access from Jacoby on to Andersen Drive for his own development. Mr. Mokhtarzadeh will be making a bid for that last triangular piece of property so that he will have even better access, closer than Jacoby and Andersen. The development is now at the starting stage, and Mr. Mokhtarzadeh wants to ascertain that if he comes back to the City Council, he will not be required to put in what he would now be physically unable to do once you take this 30 feet away. Public Works Director Bernardi stated that a very preliminary property development scheme Mr. Lemon had showed him has been reviewed. It was indicated to Mr. Lemon that nothing could be guaranteed at this point because the plan is not precise enough to determine what an adequate roadway width would be. It was explained to him that the 60 -foot right-of-way that is there does not require the road. The development standard has been that there is a 40 -foot wide curb -to -curb roadway within the 60 -foot right-of-way. No commitment on the part of the City can be made until a more precise development plan has been presented. It may very well be that after analysis of the project, there would not be a need for roadway along the property line. With no further comments from the public, the hearing was closed. RESOLUTION NO. 6780 - ORDERING VACATION OF PORTION OF JACOBY STREET, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 463 16. PUBLIC HEARING - SALE OF SURPLUS LAND TO SAN RAFAEL REDEVELOPMENT AGENCY - VACATED PORTION OF JACOBY STREETW) File 2-7 x2-12 Mayor Mulryan declared the public hearing opened. City Manager Beyer stated that because that portion of the easement is City -owned property, it is being recommended that the City sell that portion to the Redevelopment Agency to combine the total parcel which the Agency would then put on the market as surplus property. The value of the property is fair market value. With no comments from the public, the hearing was closed. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY" (Portion of Jacoby Street) Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only for the first reading and pass Charter Ordinance No. 1481 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. PUBLIC HEARING - FLOOD DAMAGE PREVENTION ORDINANCE (PW) - File 12-9 Mayor Mulryan declared the public hearing opened. Public Works Director Bernardi indicated that the proposed Ordinance will put San Rafael on a regular flood insurance program. At this point, the City is on the emergency program; that in itself is limiting the amount of insurance coverage that is available to homeowners and bus- inesses. The staff report, on Page 4, lists the amount of coverage provided under the regular program. The Ordinance will delete the existing Chapter 18 and expand dramatically the pro- visions of the old chapter, especially the areas covering development permits: Standards for Flood Hazard Reduction; Certification and Variance Procedures. The flood hazard maps that were prepared by FEMA are available; they are the ones that will be used in the regular program. Under Development Permits, clearly defined are the conditions under which development will be allowed to occur in these areas designated as flood hazard areas. Under the old Ordinance, we only required that the elevation of the property be developed to elevation +6 on Mean Sea Level Datum after 30 year settlement. Under the new Ordinance, it requires in certain areas that there be elevations in some cases higher than +6 Mean Sea Level Datum because of the study that was done by the consultant who worked for FEMA. As far as the Standards for Flood Hazard Reduction are concerned, that section deals with areas of construction, storage of materials and equipment, utilities, subdivisions and mobile homes and parks. Again, it deals with the base flood elevation. Another item is Certification. Under the proposed Ordinance, a registered professional engin- eer, architect and/or land surveyor may be required to certify that certain standards providing for flood hazard reduction have been met. Certification will apply, but not be limited to construction, subdivision, mobile homes, etc. Under Variance Procedures, the City Council shall hear and decide appeals and requests for variances, from the requirements of the proposed Ordinance. If a variance is granted by Council, the insurance rates increase significantly for the property that wishes to develop below the base flood elevation. Councilmember Breiner asked whether there are any properties currently being processed that would be affected by this, and do the property owners know that the proposed Ordinance is being considered. Mr. Bernardi replied that notices were sent out, not to specific property owner, but to homeowners associations, Builders Exchange, Board of Realtors, and certain major title companies in San Rafael. There will be some properties, especially in the West Francisco Boulevard area, that will be affected, and all of East San Rafael will be affected as well. But they have been required already to meet the existing Title 18, and if they meet the exist- ing Title 18, they are not going to have any problems with this. Councilmember Nave asked about problems in relation to filled areas. Mr. Bernardi indicated that each application is reviewed for its impact on adjacent properties, and a lesser elevation may be required. With no comments from the public, the hearing was closed. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING FLOOD DAMAGE PREVENTION" 909 Councilmember Breiner moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only for the first reading and pass Charter Ordinance No. 1482 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. PUBLIC HEARING - REZONING - Z83-16 - FROM P -D TO P -D FOR AMENDMENT TO SMITH RANCH MASTER PLAN, GAL INAS VILLAGE", AREAS 5 & 12; SMITH RANCH ROAD; GA LINAS PROPERTIES, OWNER & INITIATOR; TMW & OBERKAMPER & ASSOC., REPS.; AP 155-251-06, 07, 11, 14 & 31 THROUGH 37 P1 - File 10-3 Mayor Mulryan declared the public hearing opened. Planning Director Moore briefed the Council stating that the applicant has requested approval of "Gallinas Village", a 400 -unit luxury life care retirement project to be located on Parcels 5 and 12 of Smith Ranch. Ms. Moore stated that the Planning Commission has reviewed the application and concurred with staff that the project is consistent with the Housing Element. Also, because of its location there will be few visual impacts. Ms. Moore gave a short review of the staff report. Mayor Mulryan asked Ms. Moore to explain how the below-market rate is determined. Ms. Moore stated that generally when staff is negotiating for below-market rate units in a project, they use 10% as a goal that they try to achieve; or 10% of the number of units proposed in the project would be affordable to households with low and moderate income. So, in the project of 423 units, there would be 42 below-market rate inclusionary units. Councilmember Russom asked Ms. Moore if, as mentioned on Page 1 of the report, when the appli- cant states that he would dedicate the site to a non-profit organization, it is meant that he would donate it at no cost. Ms. Moore replied that that is correct, and that conditions would be applied to the land to insure that it would be utilized to generate below-market rate units. The other question was on Page 4 of the staff report, where it states: "The developer has expressed a willingness to pay a fee in lieu of property taxes should the project receive non-profit status." Councilmember Russom asked Ms. Moore to elaborate on that statement. Ms. Moore stated that it was one of the concerns expressed by Council when reviewing the Villa Marin project, which was in reaction to other projects in the County Senior facilities such as this, which become non-profit entities and are not subject to the same tax provisions. At the present time, this developer does not know if they would eventually set the corporate entity up as a non-profit organization. Councilmember Russom asked another question regarding Economics in the Section Environmental Status on Page 5 of the staff report, which says that "topics included employment, commercial and industrial revenues", and asked if that Master Plan EIR, in reaching conclusions on the economic impact, include the 423 family housing units that were originally envisioned. Ms. Moore said it did not. That is essentially because the subsequent environmental document that is relied on primarily in the entire Northgate Activity Center area is a Northgate Activity Center Plan EIR. It does not have an economic or fiscal analysis section in it. Economic analysis is a permissive section under CEQA; it is not required or mandated by the definition of environment that is contained in the CEQA. Councilmember Russom stated that it did not address items such as the sales tax and the economic impact of residents living in the area. Ms. Moore said that she thought these questions must have been reviewed, but it could have been in the time frame when the original Smith Ranch Master Plan was approved in 1972. Councilmember Breiner stated that Associate Planner Len Nibbi was going to check some questions she had posed - whether the numbers 2,924 were the expected number of total elderly units in 1985. Planner Nibbi replied that the figures were checked. Councilmember Nave asked for clarification of a sentence within the Recreation Element Para- graph on Page 9, which states: "Additionally, upon adoption of the City's revised Recreation Element and the Quimby Act Subdivision Parkland Dedication Requirements, the project would be subject to in -lieu park fees at some time in the future if subdivision of the property is proposed." Mr. Nave stated that, as he understood it, that is the 4 to 3 Planning Commission vote that was on the park mitigations which has not come before the Council yet or been accepted. Ms. Moore replied that this item is scheduled for late April or early May for Council consideration. Councilmember Frugoli asked Ms. Moore whether this project is consistent with the General Plan. Ms. Moore replied that, in staff's estimation, the recommendations were that the project was consistent with the General Plan in the Northgate Activity Center Plan. The Planning Com- mission concurred with that. Dr. Henry Grausz, Physician and project developer spoke, stating that the project includes 400 elderly retirement community homes. It would be a full service retirement community which would include meals and various services as well as health care services on the premises. On the issue of whether this addresses the General Plan of the City, it is believed that it 465 does. In the City of San Rafael, in 1980 there were 5,084 people over the age of 65. The projections, however, show that by 1985, that will almost double to 8,300 people and by 1990, 13,602. These are the projections of the U.S. Census Bureau. This elderly population increase will occur due to the decreased birth rate, decreased death rate, the number of people that move into the community and those who leave it. By 1985, there will be 765 units in San Rafael, which is 44% of the projected need for these types of units. If this development is approved, there will be 1,165 units sometime after 1985, and that will only take up 65% of the need of San Rafael. Further, the Government Census shows that in 1970 there were 66,000 people in Marin County under the age of 18. In 1980, there were 50,000 and in 1990 there will be less than 40,000. On the other hand, in 1970 there were 15,000 over the age of 65, by 1990 there will be 31,000. Mayor Mulryan asked Dr. Grausz what income level for the elderly would be required in order to purchase these units, and what percentage of the elderly that are projected to be in San Rafael at different periods would be in that income category so they can afford to buy them? Dr. Grausz replied that the projected required income for a couple is about $22,000 per year. This is from the 1980 Census. Councilmember Russom told Dr. Grausz that the statistics that he used do not correspond neces- sarily, as he feels that a great portion of households over age 65, probably the majority, do not move into what is classified as retirement homes, and that instead they stay where they are living or move to another residence that might be classified as mainstream rather than retire- ment residence. Dr. Grausz replied that the Villa Marin project prior to its construction sold out 80% of its units or 170 out of 225. Councilmember Russom stated that this was not the question, and that Dr. Grausz was establishing a need for retirement residences in San Rafael based on increase in the over 65 population. Dr. Grausz replied that the market demand is there. There are many people over the age of 65 who have lived on hillsides, climbed steps in homes they owned for over 30 years, which were adequate in the past, but no longer are. The reason for the retirement community is because the homes are smaller, well done, and many services will be provided which are not provided in individual homes. Councilmember Breiner stated that one of the reasons that we have a large percentage of elderly right now in our community is the fact that we have had such a good track record in building senior housing, especially for low and moderate income and having Villa Marin going up. San Rafael has probably done more than any other community in Marin in terms of providing and working actively for housing for the elderly. If we are to include the 170 other units out of the total of 400 in the statistics that we have before us in the staff report, San Rafael in 1985 or shortly thereafter, would have a total of 1,165 elderly units out of the County total of 4,924, and that's not 36%, that's 40%. That would have a terrific impact on the schools. There are very limited areas that exist for high density residential. She indicated that we have only identified 4 housing opportunity areas in San Rafael, and this is a perfect one because it has few problems. It could accommodate more units; we could develop 500 units without affecting the traffic problem. On Page 5 of the staff report on the Housing Element it says that the number of San Rafael residents who are employed grew by 800 between 1970 to 1980. One half of those are in potentially lower paying jobs, and we all know the statistics of our own San Rafael Police and Fire personnel who have to live outside Marin. A well designed residential development on this site could accommodate starter families, older citizens who may want to move out of the single family homes and all those in between. If there is Council interest in it, and the incentive and the motivation, we can make a greater effort to have rental housing built on the site. Councilmember Frugoli stated that in order to have density, the building must be multi -story. Presently, people are moving north (Petaluma, Santa Rosa) because of the prices in Marin. San Rafael should take care of its elderly population. Many won't be able to move to Villa Marin which will cost $300,000/$400,000. This project will cost $150,000/$160,000. This is a life care center like Tamalpais which is a great project and the people who live there love it. There are other areas also that should be investigated for housing for the lower income indi- viduals. Councilmember Russom stated it was his understanding that the proposed "Gallinas Village" project differs from Villa Marin in that the occupants will not hold title to the units, be able to sell them or pass them on to their heirs. Dr. Grausz indicated that was correct. Councilmember Russom asked Dr. Grausz how much it would cost an occupant to move into the development. Dr. Grausz said it would cost him, if he used it for more than 6.8 years, $150,000 to live in it for the rest of his life. Councilmember Russom asked if there was a monthly fee? The answer was that it would be exactly the same as at Villa Marin, about $1,000 or $1,200 a couple per month. Councilmember Russom then asked if an income of $22,000 would be adequate to cover that kind of expenditure. Mr. John Wallace, Carpenter Delegate to the Building Trades Council, stated he is opposed to the project, for several reasons: because of luxury units proposed, because of the increased height, increased density, and because of the minimal amount of low cost housing. Dan Rossi, representing Ecumenical Association for Housing, stated that, while EAH is not taking a position on the Gallinas Village, they would like to see as much family housing on the site as possible. In terms of their goals as an organization, family housing is the number one priority in San Rafael. As pointed out today, Smith Ranch site is one of four housing oppor- tunities. Paul Cohen stated that he was raised in Marin County and cannot afford to live in the city in which he was raised. Mr. Cohen felt the site should be developed with affordable housing. Steve Witcher, a resident of Novato, stated that he too wished to voice his opposition to this project. There is a desperate need for low income housing and middle income housing. Afford- able housing on this site would benefit the community. Jeff Widman, attorney for Las Gallinas Fitness Center, stated he submitted a letter, regarding his concerns and that he was not necessarily in opposition to the project. There are some legitimate environmental concerns which are detailed in the letter. He felt that the City would not be in compliance with CEQA if the project is acted on by the Council. Abraham Yang, President of San Rafael Housing Corporation, stated that he wanted to commend Councilmember Breiner for taking a strong leadership publicly for the need for housing. There is a need to look at far-reaching policies and it is sad to see that elderly housing is pitted against young people. There is a need for housing of all kinds and there has been more elderly housing built in the past few years than housing for all people. As policy -makers, he said he hoped that the City Council would look at what the City needs in terms of the General Plan and general direction in the future. Dr. Grausz stated that he wanted to clarify one point with regard to the in -lieu property taxes. This is not a non-profit corporation, nor is it intended to be. The taxes will be paid. If the project becomes a non-profit organization, we have agreed with the City that we will pay the in -lieu fee to the City. Furthermore, we also have donated a piece or are willing to donate a piece of land for 40 below market rate homes, which some people in the audience have not understood. With no further comments from the public, the hearing was closed. Councilmember Nave stated that the Planning Commission has recommended approval of this project; it will serve a certain part of our community and build 400 units. It has been quite a while since we have had a significant project like this. It will employ a lot of people and will get the elderly part of our housing plan started. Councilmember Nave stated that the project will serve a unique segment of the population in San Rafael and in Marin County. The 2.5 acres dedication and the possibility of 40 below market rate units will provide affordable housing. Councilmember Russom noted that it would be a mistake to view this proposed development as a project that would serve the need of the elderly. The amount of money that would be required to move into, and to live in this project, would limit it to people who can afford to live wherever they wish. It does not meet the criteria in our plan or just the morality of serving a needy element of our community. He noted that it is perfectly logical for the Planning staff and the Planning Commission to take the kind of action they did on this project because respon- sibility of setting policy is the City Council's. The overriding question for the City Council is, as a policy, does this project best serve the interests of the community. Councilmember Russom concluded that the project does not best serve the interests of the community. Councilmember Frugoli stated that the project is consistent with the General Plan. The project might not be affordable for all the elderly, but if older people move into it, and vacate their large homes, it provides housing in the City. There are many who wish to leave their homes and go to a health care facility with someone cooking meals for them. Another consideration is traffic that would be generated if there were single family houses on that site with each member of the house driving a car. At Tamalpais and Villa Marin, people are transported in groups and this helps to cut down on traffic. Councilmember Frugoli supported the staff and Planning Commission recommendation. Councilmember Breiner stated that one of the considerations that the Council has to realize is that there is no guarantee that the people moving into this particular luxury housing develop- ment would be from San Rafael. As for the issue of traffic, if housing could be provided on this site for the people who live in Petaluma and Novato or further north, and this would be affordable housing, it would help cut down on traffic. Councilmember Breiner moved and Councilmember Russom seconded, to deny the rezoning of this project. Under discussion, Councilmember Nave stated that it might be years before there is a project such as this. It doesn't take care of low and moderate cost housing, but it takes care of a certain element of our population. There are people who would love to move into this and it could be a successful program. Mayor Mulryan stated that there is no doubt that there is a market in Marin for the project. The question is whether we allow market demand to dictate what we put in our City exclusively as opposed to how closely we adhere to our Master Plan which has been given a great deal of thought. Mayor Mulryan emphasized that this is a housing impact area. Councilmember Russom stated that he wished to clarify why he is supporting the motion. It is because this is one of our last major areas in San Rafael where we can develop some high density housing without a lot of the political problems that we run into in other parts of town, and we can have a very good mix of affordable and below market rate along with market rate housing. AYES: COUNCILMEMBERS: Breiner, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli and Nave ABSENT: COUNCILMEMBERS: None 467 19. DESIGNATION OF PROPERTY AS AN HISTORICAL LANDMARK: 115 "J" STREET; AP 10-171-05 (P1) - i e 13-14-2 Mayor Mulryan declared the public hearing opened. Ms. Jeanine Gisvold, owner, addressed the Council stating they have great plans to restore the house to the way it was when it was owned by the Dollar family; they will be using a 1895 photograph as a guide. With no further public comments, the hearing was closed. RESOLUTION NO. 6781 - DESIGNATING 115 "J" STREET AS AN HISTORICAL LANDMARK AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. REPORTS TO CITY COUNCIL: (P1 a. DOWNTOWN AD HOC RETAIL COMMITTEE - File 9-2-38 Planning Director Moore briefed the Council stating that in November, 1982 City Council formed the Downtown Ad Hoc Committee to report back on City activities. The Committee has met on a weekly basis. Ms. Lynn Sedway, Chair of the Downtown Ad Hoc Committee, gave a brief review of the work done by the Committee and thanked the students of San Rafael High School who, with the assistance of Mrs. Virginia Franklin, conducted a survey of the City's shoppers. She also thanked Mr. Bob Peterson of Fireman's Fund for putting the survey on the computer, and Ms. Jean Freitas, from City staff. Among the recommendations made, it was suggested that all efforts be made to retain Macy's as a quality store; to encourage more office and residential development in the Courthouse Square area; in order to remedy the break that occurs at the Courthouse Square building, to have more retail spaces on the Plaza; in order to correct the downtown linear character, to encourage retail uses along "A", "B" and "C" Streets, and to make an all out effort to discourage auto -related uses on Fourth Street. A great deal of time was spent discussing transportation, and it is obvious that public transit and a terminal are badly needed. It was also agreed that the beautification of San Rafael should continue, and it was recommended that an agency be retained to promote downtown retail and service. Missing from the recommendations is the source of funding. Councilmember Frugoli asked Ms. Sedway how she feels about retaining this Committee, consider- ing the shopping centers slated to open in Corte Madera and Novato, and the need to revitalize the downtown. She replied that there is some merit to it, but the Committee need not meet more than on an "as needed" basis. In response to a question from Councilmember Russom, Ms. Sedway indicated that auto -related uses referred to garages and gas stations on Fourth Street near Lincoln and the used car lots on Fourth Street in the West End area. Mayor Mulryan thanked Ms. Sedway for her presentation and Council agreed with Ms. Sedway's suggestion that the Committee meet on an "as needed" basis. b. DOWNTOWN PARKING DISTRICT ADVISORY COMMITTEE - File 9-2-37 Planning Director Moore stated that the Downtown Parking District Advisory Committee was established in July, 1982 and was to review and present recommendations re parking for office projects outside the Downtown Parking Assessment District, and review and make recommendations regarding parking within the Parking District boundary. Recommendations have been made and changes to the zoning ordinance were made in December, 1982. After that, the Committee reviewed many referrals from the City Council. The Committee has requested a workshop including City Council, the Planning Commission and the Committee to discuss their recommendations. Mayor Mulryan stated that rather than review the report in full this meeting, with Council's approval, he is recommending that the workshop meeting be set at which time the report and recommendations will be discussed. After a short discussion, the date for the joint workshop was set for April 23, 1984, at 8:00 PM in the Council Chambers. Councilmember Russom moved and Councilmember Nave seconded, to accept the staff report with thanks for the work done by both the Downtown Ad Hoc Retail Committee and the Downtown Parking District Advisory Committee. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. REPORT ON ACCESS TO THIRD AND "A" STREETS PARKING STRUCTURE (PW) - File 140 x (SRRA) R-195 Public Works Director Bernardi reviewed the actions taken so far on the subject of ingress to the Third and "A" Streets Parking Structure, and referred to meetings of the Redevelopment Agency on July 6, 1981, July 20, 1981 and January 18, 1982. No changes have been made so far to the access to the parking structure, but the Redevelopment Agency adopted a Resolution certifying an Amended Negative Declaration on the parking structure project and determined that this project would not have a significant effect upon the environment. Because of the physical conditions, it is not possible to provide direct ingress to the parking structure from Third Street. It is possible to provide an indirect access from Third Street via a "contra flow lane" on "B" Street. The cost for this work would be approximately $20,000. Because of the action taken previously by Council with regard to new signs on the building, it is recommended that some time be allowed to assess the effectiveness of the signs, and that Council take no action at this time. After discussion, Councilmember Frugoli moved and Councilmember Breiner seconded, to take no action at this time. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Mayor Mulryan left meeting) 22. HIGHWAY 101 CORRIDOR PROGRAM POLICY ISSUES (P1) - File 170 Planning Director Moore stated that Memorandum 3 which was sent to Councilmember Frugoli and other members of the Council and to staff raised substantial policy questions. Staff feels that the City response should be fairly general, and that the City's position be not to pre- clude or prejudge any of the options or alternatives that are being considered at this stage. The consultant is just now developing some evaluation criteria. After discussion, Councilmember Russom moved and Councilmember Nave seconded, to authorize Councilmember Frugoli to meet with Highway 101 Corridor Program Consultants to relate City of San Rafael's responses to Technical Memorandum 3. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Russom NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan (Mayor Mulryan returned to meeting) 23. REVIEW OF MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION ORDINANCE (CA) - File 9-4-2 City Attorney Muzio briefed Council stating that after the 1983 election, his office received inquiries about the Ordinance and whether it had been violated during the campaign. The City Attorney's Office has reviewed the Ordinance and found it to have many limitations: (1) The Ordinance is not enforceable against a candidate. The intent of the Ordinance as a whole was to make it illegal for a candidate to solicit or accept contributions exceeding $250. The statute merely limits the contribution by a person other than a candidate, but does not limit the solicitation or acceptance of such a contribution by a candidate; (2) The Ordinance does not limit expenditures in support of or in opposition to a particular candidate, it only limits contributions to the candidate or his campaign committee. It is not a violation for a person to contribute the $250 maximum to a candidate's campaign and at the same time take out adver- tising in support of the candidate at an additional cost. Neither does the Ordinance limit the amount a person might spend in opposition to a particular candidate by way of advertising; (3) The definition of "person" is unclear. The definition of person should probably be reworded so that it is more inclusive. Councilmember Russom stated that the defects pointed out by the City Attorney have been felt by Councilmembers who find the Ordinance not workable and effective. He questioned the need for the Ordinance at all and stated that the State laws that require a disclosure of contributions are sufficient. Councilmember Nave concurred with Councilmember Russom. Councilmember Nave moved and Councilmember Russom seconded, to direct the City Attorney to prepare an Ordinance repealing the campaign contribution control Ordinance. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Councilmember Breiner left meeting) 24. APPROVAL OF CONTRACT WITH CMSI TO PROVIDE A COMPUTER MANAGEMENT INFORMATION SYSTEM (CM) - File 4-3-117 Assistant City Manager Nicolai stated that on February 6, 1984, Council received a report on options for automating the various functions throughout the City's operation. Council accepted the report and authorized staff to negotiate a five year contract with CMSI (Computer Manage- ment Services, Inc.). A Resolution and a contract are included with the staff report. Councilmember Russom stated that at the previous meeting it had been requested that staff make sure other suppliers were not being overlooked. Ms. Nicolai replied that there have been contacts with other people but none are in the same category. City Manager Beyer stated that the gentleman who had addressed the Council about this contract at the previous meeting never came back. RESOLUTION NO. 6782 - AUTHORIZING THE SIGNING OF AGREEMENT (W/COMPUTER MANAGEMENT SERVICES, INC. TO PROVIDE A COMPUTER MANAGEMENT INFORMATION SYSTEM - 5 Year Agreement) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner (Councilmember Breiner returned to meeting) 25. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1480 - AMENDING THE ZONING MAP OF THE CITY F SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14. 5.020 F H MUNICIPAL CODE—OF SAN RAFAEL. CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM "U" (UNCLASSIFIED) 11J 1 I V r -U-1.1 1r LnI\I\L L/ %, U111-IL.1\lr In - File 10-3 x R-232 x SRCC - - The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP 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 Dr.) Councilmember Russom moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1480 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 26. NOVATO/SAN RAFAEL SPHERE OF INFLUENCE BOUNDARY (LAS GALLINAS AREA) (P1) - File 149 Councilmember Frugoli moved and Councilmember Nave seconded, to authorize the Mayor to commun- icate to LAFCo that the City of San Rafael has no position at the present time regarding the Las Gallinas area amendment to the San Rafael Sphere of Influence. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 27. RECISION OF PREVIOUS ACTION RE PORTABLE POLICE RADIOS AND ADOPTION OF NEW RESOLUTION TO AWARD BID CM - File 4-2---r7-7— City -2- 7 City Manager Beyer briefed the Council stating that this item was brought to Council's atten- tion at the previous meeting at which time it was thought that this was the total package. The next day, it was found that we had not presented all of the information. The recommendation is the same. RESOLUTION NO. 6783 - RESCINDING RESOLUTION NO. 6769 AND AUTHORIZING THE PURCHASE OF RADIO COMMUNICATION EQUIPMENT FOR THE POLICE DEPARTMENT SERVICE (From the MOTOROLA COMMUNICATIONS ENGINEERS, INC., low bidder, meeting speci- fications, for eight (8) Walkie-Talkie radios and ancillary equipment for a total price of $11,020.40) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 28. APPROVAL OF NOMINATION FOR SENIOR CITIZEN OF THE YEAR AWARD - File 109 x 9-2-3 Mayor Mulryan stated that he recommended nominating Lyman B. McBride for Senior Citizen of the Year Award. Councilmember Frugoli moved and Councilmember Breiner seconded, to nominate Lyman B. McBride for Senior Citizen of the Year Award. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 470 29. ANNUAL HOUSING REPORT (P1) - File 10-6 After a short discussion, Councilmember Breiner moved and Councilmember Frugoli seconded, to accept the Annual Housing Report. Workshop with the Planning Commission to be scheduled. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 30. REQUEST FOR ENCROACHMENT PERMIT TO INSTALL PRIVATE SEPTIC SEWER SYSTEM ON CITY OPEN SPACE - 19 INDIAN ROAD PW - File 2-11 Public Works Director Bernardi stated that what is being asked at this time is a policy deci- sion on whether this concept is acceptable to the Council. If it is, staff will proceed to modify the Ordinance to allow for an exception procedure, the matter will be referred to the Park and Recreation Commission and an agreement will be prepared for the use of open space. Mayor Mulryan asked Mr. Bernardi if the installation will be noticeable on the surface, and Mr. Bernardi replied that the main part of the septic system will remain on private property. The leach lines will be in open space and will be covered by gravel, dirt and be reseeded. In response to a question from Councilmember Breiner, Mr. Bernardi indicated that the previous system had failed because of a bad design. Councilmember Frugoli moved and Councilmember Russom seconded, to accept staff recommendation to consider the request to place a portion of a septic sewer system in City -owned open space and directed staff to: (1) refer this issue to the Park and Recreation Commission for recom- mendations; (2) prepare a revision to the existing Ordinance to allow for the granting of exceptions; and (3) to prepare an agreement, for Council consideration, between the City and the applicant. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Ann TTFMC- I. POLICE MANNING OF INTERSECTIONS TO DIRECT TRAFFIC - File 11-1 x 9-3-30 Mayor Mulryan stated that there had been interest in seeing the intersections manned by police officers at rush hours, but it seems this has not been implemented. City Manager Beyer indicated that he has discussed this item with Police Chief Ingwersen. Chief Ingwersen stated a commitment has been made to man the intersections when necessary. II. MITIGATION FEES IN EAST SAN RAFAEL - File 10-2 x (SRRA) R-189 At the request of Councilmember Russom, Council agreed to ask staff to pursue the feasibility of assessment district proceedings in East San Rafael to incorporate traffic mitigation fees. This would broaden the base and involve older projects which would benefit from the roadway improvements, but still put a large burden on new businesses. CLOSED SESSION 31. 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 unanimously approved George Hills Company, Inc. recommendation to deny Claim for Damages in the name of: Mark Summers - File 3-1-864 (SRCC Item No. 13b). K_ T t1 , City Clerk APPROVED THIS % #� DAY OF A4&U , 1984 MAYOR OF THE CITY OF SAN R FAEL *** *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Monday, April 9, 1984, at 5: Special 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 CLOSED SESSION The Council met in closed session to discuss pending litigation and personnel. No action was taken. 471 ROBERT . BEY", Ci nager APPROVED THIS 7Z4 DAY OF 1984 MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Monday, April 16, 1984, at 7:15 PM. Special Meeting: Present: Lawrence L. Mulryan, Mayor Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: Dorothy L. Breiner, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk RE: INTERVIEW OF APPLICANT FOR VACANCY ON DESIGN REVIEW BOARD (CC) - File 9-2-39 x R-65 The City Council, on April 2, 1984, had interviewed Roger McErland and Cyr Miller, applicants for the vacancy on the Design Review Board caused by the resignation of Charles Schrader. The third applicant, William H. Liskamm, was unable to be present due to a business commitment, and asked that his interview be postponed. Accordingly, the Council interviewed Mr. Liskamm at this special meeting. Following the interview Councilmember Russom moved and Councilmember Frugoli seconded, to appoint William H. Liskamm to the vacancy on the Design Review Board. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner APPROVED THIS q.;tZ DAY OF 1984 MPOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** 472 In the Council Chambers of the City of San Rafael, Monday, April 16, 1984, at 8:00 PM. Regular Meeting: Present: Lawrence L. Mulryan, Mayor Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: Dorothy L. Breiner, Councilmember Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Peter J. Muzio, City Attorney 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 March 19, 1984 and Special & Special Joint Meetings of April 2, 1984 (CC) 3. Appeal of Handicapped Access Requirements - 1821 Fourth Street (PW) - File 13-1-1 4. Renewal of Two -Year Contract with Book Pub- lishing for Municipal Code Supplement (CC) - Pilc 1_i;_1 5. Resolution of Appreciation - Ruth Shea, Retiring April 27, 1984 (Fin) - File 102 7. Award of Contract - Radio Equipment for Paramedic Ambulance (FD) - File 4-2-190 9. Referral to Planning Commission - Proposal to Sell City -Owned Property - Junipero Serra Ave., AP 16-131-09 (RA) - File 2-10 Recommended Action Approved as submitted. Approved setting public hearing for May 7, 1984. RESOLUTION NO. 6784 - AUTHORIZING SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Book Publishing Co. for Supplement Service to San Rafael Municipal Code - Two-year period @ $19/Page) RESOLUTION NO. 6785 - AUTHORIZING OF APPRECIATION TO RUTH SHEA (Retiring April 27, 1984 after nearly 19 years' service) RESOLUTION NO. 6786 - AUTHORIZING PURCHASE OF UHF RADIO FOR PARAMEDIC AMBULANCE UTILIZING EQUIPMENT REPLACEMENT FUNDS (Motorola Communi- cation, Inc., designated low bidder @ $15,425.23) Approved staff recommendation to refer to Planning Commission; to instruct staff to have property appraised; and to bring back to Council for final decision. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 2. RESOLUTION OF FINDINGS DENYING Z83-16 REZONING FOR AMENDMENT TO SMITH RANCH MASTER PLAN, GALLINAS VILLAGE", AREAS 5 AND 12 P1 - File 10-3 x 5-1-290 City Manager Beyer informed the Council that Dr. Grausz, the developer of Gallinas Village, is modifying his proposal, and Mr. Beyer requested that this matter be deferred to the May 21st meeting at which time there will be a more detailed staff report. If Dr. Grausz' modifications are substantial, the matter will have to go back to the Planning Commission. It was noted that there will not be a full Council at the May 7th meeting, and it is preferable that this matter come before the full Council. 6. RESOLUTION OF APPRECIATION - EDWARD AMOS LARSEN, JR., RETIRED HIGHWAY PATROL OFFICER (CM) - File 102 Mayor Mulryan inquired about the City of San Rafael adopting a Resolution of Appreciation for an individual not directly connected with the City. Councilmember Frugoli informed the Council that Officer Larsen was connected with the San Rafael Office of the Highway Patrol and did work with the City on traffic matters. RESOLUTION NO. 6787 - RESOLUTION OF APPRECIATION TO EDWARD AMOS LARSEN, JR., Retired Highway Patrol Officer AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 473 8. REPORT ON BID OPENING - SEVEN 4 -DOOR SEDANS, POLICE VEHICLES FOR PATROL SERVICE (CM) - ile 4-2-19 Councilmember Russom questioned awarding the bid to a Sacramento firm, since the City would lose sales tax. City Manager Beyer informed the Council that there are special specifications for these vehicles, and that the Swift Dodge quote includes a provision for savings on mainten- ance and parts inventory. RESOLUTION NO. 6788 - AUTHORIZING THE PURCHASE OF SEVEN POLICE PATROL VEHICLES (From Swift Dodge, Sacramento - Unit price $10,254, total amount $71,778) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 10. CITY SUBMITTAL OF APPLICATION TO STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR RENTAL HOUSING PROGRAM GRANT P1 - File 147 City Manager Beyer informed the Council that the issue is a design review application from Kuykendall/Chatham Development Company for construction of a 14,500 square foot retail and office building at the southwest corner of Fifth Avenue and Nye Street. The proposal involves demolition of a five -unit apartment and sixteen -room rooming house. It was pointed out by Mr. Beyer that the City's Housing Element contains the policy: "Discourage conversion of resi- dential uses to other uses unless equivalent housing can be maintained". City staff and the developer have been exploring possible ways to maintain rental housing units, and the Ecumeni- cal Association for Housing and the developer have put together a proposal to construct new low income rental housing units at a different location. This proposal requires partial funding from the Department of Housing and Community Development's Rental Housing Construction Program and, under the regulations for this grant program, the City must be the applicant. This same assistance could be provided to other developers for similar low income joint venture projects. Councilmember Russom moved and Councilmember Nave seconded, to adopt the Resolution authorizing staff to apply to the State for the grant, and direct that the policy issue of downtown housing be agendized for the May 21st Council meeting. RESOLUTION NO. 6789 - AUTHORIZING STAFF TO APPLY TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR RENTAL HOUSING CONSTRUCTION PROGRAM GRANT FUNDS AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 11. PUBLIC HEARING - Z84-1, ZONING ORDINANCE TEXT CHANGES TO REGULATE LATE NIGHT CONVENIENCE MARKETS AS CONDITIONAL USES (PI) - File 10-3 Mayor Mulryan declared the public hearing opened. Associate Planner/Acting Zoning Administrator Nibbi informed the Council that under the exist- ing Zoning Ordinance provisions late night convenience and/or 24-hour markets, such as 7-11, Short Stop, etc., are considered retail uses permitted by right without conditional use permits in most commercial and industrial zoning districts. In the past, some of these uses have presented Police Department patrol problems due to their hours of operation, and also there are property maintenance problems much greater than those of regular grocery stores. Therefore, the Planning staff is recommending that late night and convenience markets be regulated through conditional use permits granted by the Planning Commission, and that existing late night convenience markets, which presently number about seven, be automatically granted use permits to allow continued operation with the existing business hours. The City would have discre- tionary use permit review of those existing uses only if intensification (increased square footage or increased hours) is proposed. There being no public input, the hearing was closed. RESOLUTION NO. 6790 - CERTIFYING A NEGATIVE DECLARATION FOR A TEXT AMENDMENT CONCERNING REGULATION OF LATE NIGHT CONVENIENCE MARKETS AS CONDITIONAL USES 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 COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 14.08.130, 14.40.020IIa, 14.44.020IIa, 14.46.040f, 14.47.020IIb, AND 14.56.025m OF THE SAN RAFAEL MUNICI- PAL CODE TITLE 14 CONCERNING REGULATION OF LATE NIGHT CONVENIENCE MARKETS AS CONDITIONAL USES" 474 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 Charter Ordinance No. 1483 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Councilmember Frugoli moved and Councilmember Nave seconded, to direct the Acting Zoning Administrator to grant use permits for existing late night markets. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 12. EAST SAN RAFAEL TRAFFIC MITIGATION FEES - INTERIM FEE SCHEDULE (P1) - File 10-2 x SRRA R-189 Senior Planner Brook informed the Council that an interim Ordinance is being proposed, estab- lishing East San Rafael Transportation Improvement Fees, in accordance with Council direction. He stated that the same format is being used as was used for the Northgate mitigation fees. During discussion, Councilmember Frugoli remarked that the Council will need a policy decision on the boundaries of the area to be included for the mitigation fees, and whether West Francisco Boulevard should be included. City Manager Beyer mentioned that staff also needs a policy determination on Redevelopment Agency projects and private projects. Attorney Leland Jordan, representing Cal -Pox, Inc. (San Quentin Disposal Site), stated that over a period of years an understanding has been reached with the City under which there would be no further traffic mitigation fees for his clients. He gave a history of the development from 1978, including an opinion by former Assistant City Attorney Bill Bullard. Council agreed that the matter would be put on the May 21st agenda, and asked Mr. Jordan to provide a full report before that time. Staff was requested to provide a staff report and legal opinions. Councilmember Frugoli moved and Councilmember Russom seconded, to refer the matter of the traffic mitigation fees to the Planning Commission. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 13. CANALWAYS - ENVIRONMENTAL IMPACT REPORT PROCEDURE; SOUTHEAST OF THE END OF BELLAM BLVD.; GANALWAYS GENERAL PARTNERSHIP, OWNER; J. BLEDSOE, PARTNER; DAVID COLDOFF, REPREsENTT=; AP 9-010-22, 23, 24 & 25 AND A PORTION OF 9-010-33 P1 - File 5-1-288 Senior Planner Brook informed the Council that this item was continued from the March 19th meeting to provide time to prepare a revised initial study for inclusion in the EIR, and to have the City Attorney review the adequacy of the EIR. Preparation of the revisions and circulation of the document should take approximately 90 days. At the end of the circulation period the item would be rescheduled for Council consideration. Councilmember Frugoli moved and Councilmember Russom seconded, to approve the staff recom- mendation, and direct staff to proceed with the revisions to the EIR and recirculate the document for public review. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 14. STATUS REPORT ON PICKLEWEED PARK COMMUNITY CENTER (Rec) - File 2-1-55 Assistant City Manager Nicolai informed the Council that construction of the Pickleweed Park Community Center is nearing completion. Construction has gone smoothly, and within budget and a bit ahead of schedule. A tentative date of June 9, 1984, has been suggested for the dedi- cation ceremony. $13,633 will be needed for the remainder of the 1983/84 fiscal year, and Ms. Nicolai made three recommendations to the Council: 1) To authorize creation of expenditure and revenue accounts for Pickleweed Park Community Center; 2) To allocate $13,633 to those accounts for the remainder of 1983/84 fiscal year; and 3) Approve and calendar June 9, 1984, for the dedication ceremony. Councilmember Frugoli moved and Councilmember Nave seconded, to approve the three requests. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 15. ORDINANCE REPEALING THE MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION ORDINANCE OF 1983, File 9-4-2 The title of the Ordinance was read: 475 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING CHAPTER 2.38 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED "MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION CONTROL" Councilmember Nave 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 Charter Ordinance No. 1484 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 16. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1481 - PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY PW - File 2-7 x 2-12 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR THE SALE AND CONVEYANCE OF PUBLIC REAL PROPERTY TO THE SAN RAFAEL REDEVELOPMENT AGENCY" (Vacated portion of Jacoby Street) Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1481 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 17. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1482 - AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING FLOOD DAMAGE PREVENTION PW - File 12-9 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE REGARDING FLOOD DAMAGE PREVENTION" Councilmember Nave moved and Councilmember Frugoli seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1482 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 18. CONSIDERATION OF CORRESPONDENCE FROM "SAVE OUR COUNTY LIBRARIES" (Lib) - File 9-4 x 9-3-61 Council considered a staff report from Library Director Vaugnh Stratford, stating that "Save Our County Libraries" Committee asked the Council to endorse Measure A on the June ballot, which will provide increased funding for the County Library. Even though residents of San Rafael will not vote on this measure - because the City provides its own library - it is staff's recommendation that Council endorse Measure A. Councilmember Russom moved and Councilmember Frugoli seconded to endorse Measure A on the June ballot. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 19. DISCUSSION OF MAINTENANCE CONDITION AT CITY HALL - File 12-2 Councilmember Frugoli explained that he had this item agendized for discussion because of the condition of the third floor rear at City Hall, and he felt there should be capital improvement funds to clean and spruce it up. He stated that the San Rafael Community Center is in need of cleaning up also, as well as the library, and he recommended that staff take a look at all facilities and come back to the Council. City Manager Beyer informed the Council that the maintenance of facilities has already been incorporated into the proposed 1984/85 budget, and that it will be a fund similar to the Vehicle Replacement Fund, for maintenance of the buildings. 476 20. ADOPTION OF CITY EMERGENCY PLAN (FD) - File 13-11 x 7-1-31 x 9-6-3 Fire Chief Marcucci presented a staff report with the recommendation that the Council adopt two resolutions: One to adopt the City of San Rafael Emergency Plan and portions of the County of Marin and Marin Operational Area Emergency Plan; and the other relative to Workers' Compensa- tion benefits for registered volunteer "Disaster Service Workers". Councilmember Frugoli commended staff on the excellent job they did on the Emergency Plan. RESOLUTION NO. 6791 - ADOPTING THE CITY OF SAN RAFAEL EMERGENCY PLAN AND PORTIONS OF THE COUNTY OF MARIN AND MARIN OPERATIONAL AREA EMERGENCY PLAN (COMMA EP) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner RESOLUTION NO. 6792 - RELATIVE TO WORKERS' COMPENSATION BENEFITS FOR REGISTERED VOLUNTEER "DISASTER SERVICE WORKERS" AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 21. CONVEYANCE OF TWO EASEMENTS TO THE SAN RAFAEL SANITATION DISTRICT (RA) - File 2-12-1 x 4-12 Council reviewed a staff report from Redevelopment Program Manager Ours, indicating that the San Rafael Sanitation District is presently marketing its treatment plant site in East San Rafael, and it has been discoverd that there are two easements which were recorded in January 1899 and June 1928, prior to the formation of the District, but which were not conveyed to the District when it acquired the treatment plant site. These easements are not presently used by the City, and there are no plans for their use in the future. The City has been requested to execute a Quit Claim to the District to clear the cloud created by these easements. RESOLUTION NO. 6793 - AUTHORIZING THE SIGNING OF A QUIT CLAIM DEED TO THE SAN RAFAEL SANITATION DISTRICT FOR TWO SANITARY SEWER EASEMENTS AFFECTING ASSESSOR'S PARCEL NO. 09-010-02 AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 22. REQUEST FOR INDUSTRIAL DEVELOPMENT BOND (IDB) FINANCING FOR CIVIC CENTER PLAZA (CM) - File 8-22 City Manager Beyer informed the Council that the applicant has requested continuance of this matter to the next meeting, in order to prepare additional information. Council agreed to defer discussion to May 7, 1984. 23. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Council agreed to continue to support AB 2468 (Cortese) and SB 1300 (Marks), regarding Long Term Local Government Financing. Councilmember Nave moved and Councilmember Frugoli seconded, to oppose SB 1440 (Torres), Local Employer -Employee Relations. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Council agreed to support SB 2333 (Roberti) and SB 2334 (Ellis) regarding Local Control Over Sale of Fireworks, and to oppose HR 4170 (Rostenkowski), Federal Legislation re IDB Finance; and to support Proposition 18, Park and Recreation Bond Act. 24. RESOLUTION OF APPRECIATION - DAN COLEMAN, IN MEMORIUM - File 109 RESOLUTION NO. 6794 - RESOLUTION OF APPRECIATION TO DAN COLEMAN, IN MEMORIUM AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner Mayor Mulryan mentioned Dan Coleman's many contributions to the area, and adjourned the meeting in his memory. CLOSED SESSION 25. The Council then adjourned to Closed Session to discuss litigation. No action was taken. JtANM. LE NCINI City Clerk APPROVED THIS vU �= DAY OF 1984 4CYOR OFTHE CITY WSN RAF L *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Monday, April 23, 1984, at 7:00 PM. Special 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; Stewart Andrew, Assistant City Attorney CLOSED SESSION The Council met in closed session to discuss litigation and personnel. No action was taken. ROBERT . BEYER, Ci M nager APPROVED THIS vZ DAY OF , 1984 MAYOR OF THE CITY OF SAN RAFAEL In the Council Chambers of the City of San Rafael, Monday, April 23, 1984, at 8:00 PM. Special Joint Meeting Present: San Rafael City Council: with City Council/ Lawrence E. Mulryan, Mayor Planning Commission/ Dorothy L. Breiner, Councilmember Downtown Parking Gary R. Frugoli, Councilmember Advisory Committee Richard Nave, Councilmember Jerry Russom, Councilmember Planning Commission: Maynard Willms, Chairman Albert J. Boro, Planning Commissioner Robert E. Hoffmann, Planning Commissioner Bob W. Livingston, Planning Commissioner Richard M. Norman, Planning Commissioner Michael J. Smith, Planning Commissioner John A. Starkweather, Planning Commissioner Downtown Parking District Advisory Committee: Buz Thiercof, Chairman Lee Battat, Committee Member Gimi Sessi, Committee Member Absent: William J. Bielser, Committee Member Pat Tyrell -Smith, Committee Member Also Present: Robert F. Beyer, City Manager; Leonard J. Nibbi, Associate Planner; Jeanne M. Leoncini, City Clerk MNA 477 1. WORKSHOP MEETING TO DISCUSS DOWNTOWN PARKING DISTRICT ADVISORY COMMITTEE REPORT - File 9-2-37 City Manager Beyer introduced this item and briefly explained the charge of the Committee. Committee Chairman Thiercof introduced the members of the Committee, their staff, and outlined the charge of the Committee in greater detail. Associate Planner Nibbi explained that in December 1982, the City reduced the retail and office parking requirement. These reductions only affect areas outside the Parking Assessment District #1. The new reduced requirements were based upon several counts of existing uses and a review of the parking requirements of several other communities. Within the parking assessment district, the original parking requirements still apply. One of the Committee's primary recommendations is to reduce the requirement for all uses above the ground level, within the assessment district, to the same requirement adopted outside the district. It is felt that this change is needed to give the downtown another advantage over other commercial areas. Mr. Nibbi explained that if all vacant parcels within the parking assessment district are devel- oped, including private lots not required by any City actions, there could be an increased parking demand of 950 spaces or after subtracting out the current estimated surplus, an ultimate shortfall of 774 spaces. The Committee believes that the City has the ability given revenues generated by parking to continue financing public parking in the downtown. Committee Chairman Thiercof then summarized the Committee's recommendations regarding financing opportunities for future parking. He presented several large displays summarizing parking vehicle related revenue to the City, parking district revenue and expenses, parking district bond obli- gations, future surplus dollars available, and total parking related dollars. (These charts have been reduced and are available for review in the Planning Department.) It was noted that when total parking related revenues are compared to expenses there is a large surplus provided by parking that is available to the City of San Rafael for acquisition and development of future parking areas. Additionally, it was emphasized that there are insufficient monies strictly within the parking district account to pay off the new parking structure. In response to a question from the Council, City Manager Beyer indicated that it was anticipated that the new parking structure would be paid off within six to eight years. Committee Chairman Thiercof noted that there would be a $30,000 to $40,000 shortfall per year. Commissioner Smith questioned whether a longer term loan could be secured. City Manager Beyer indicated that that is an option. Additionally, the City could consider refinancing. Councilmember Breiner noted that better enforcement could result in an increased revenue from parking. Additionally, the City could rent out more of the spaces on a monthly basis. City Manager Beyer indicated that staff is looking at that option. It was noted that if the entire structure was leased as employee parking, approx- imately $200,000 to $300,000 in revenue could be generated per year. Associate Planner Nibbi explained the four other text changes to the Parking Ordinance recommended by the Committee. These text changes included an alternative to the present assessment district parking provisions, standardization of the in -lieu fee, clarification of grandfathered rights in the case of a building damaged or destroyed, and definition of standard and compact parking stall sizes. Committee Member Battat summarized several other recommendations included in the report. These consisted of a uniform signing approach for all public parking areas, improved enforcement of parking, free parking on weekends, better advertisement of parking areas, adequate bus terminal parking, and provision of new public parking areas at both the east and west ends of downtown. Committee Member Sessi presented the Committee's recommendations regarding potential future parking areas. It was noted that the City believes that the distribution of parking in the downtown could be greatly improved through the provision of additional public parking areas. Councilmember Breiner indicated an opposition to the suggested reduction in the parking require- ments. Councilmember Breiner felt that existing projects such as Marin Square have indicated that the new parking requirement may not work. Committee Member Battat emphasized that the only way the suggested reduction in parking requirements will work is if that reduced requirement is tied to a commitment on behalf of the Council to provide future public parking areas. Councilmember Breiner indicated that the City should move ahead as quickly as possible to provide the next parking lot in the downtown. Mayor Mulryan commented that the City should keep a better record of parking related revenues and costs. Councilmember Russom noted that the City must consider that improved parking results in improved retail sales tax generation. Councilmember Breiner asked if there are any other costs that we have not charged to the parking assessment district relative to parking. City Manager Beyer responded that only landscaping costs (of the new parking structure and parking lots) have not been charged to the assessment district account. Councilmember Breiner noted that we should keep revenues separated but not necessarily earmarked for any specific use. Additionally, a master signing program is needed. The Council, Commission, and Committee then discussed the need for improved marketing of the existing parking facilities in the downtown and improved uniform signing. It was noted that a map of the downtown should be provided near each parking structure to indicate all the downtown parking facilities. In closing, Mayor Mulryan indicated that staff should review the financing for the alternatives for the parking garage. Meeting was adjourned at 9:30 PM to next regular Council meeting to be held Monday, May 7, 1984, at 8:00 PM. APPROVED THIS DAY OF 1984 `MAYOROF T�4�Y?�ARAFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, May 7, 1984, at 8:00 PM. Regular Meeting: Present: Lawrence L. Mulryan, Mayor Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Absent: Dorothy L. Breiner, Councilmember (Absent through Item No. 22 - Arrived @ 9:50 PM) Also Present: Robert F. Beyer, City Manager; Jeanne M. Leoncini, City Clerk; Peter J. Muzio, City Attorney 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 April 2, 1984 and Special Meetings of April 9 and April 16, 1984 (CC) 3. Agreement and Grant of Easement from State of California for Drainage Facilities at End of Robinhood Drive (China Camp State Park) (PW) - File 4-8-21 x 2-4-10 4. Request for Authorization to Call for Bids - 1984 Street Resurfacing Project (PW) - File 4-1-365 5. Request for Authorization to Call for Bids - Albert Park Grandstand Painting (PW) - File 4-1-362 6. Appeal of Handicapped Access Requirements - 2130 Fourth Street (PW) - File 13-1-1 8. Bid Opening and Award of Contract - Sound Equipment and Installation for Multi-purpose Room, Pickleweed Park Community Center (CM) - File 4-2-189 x 2-1-55 9. Report on Annual Filings - Fair Political Practice Commission Form 730, Statement of Economic Interests for Designated Employees (CC) - File 9-4-3 Recommended Action Approved as submitted. RESOLUTION NO. 6795 - AUTHORIZING SIGNING OF AGREEMENT AND GRANT OF EASEMENT WITH THE STATE OF CALIFORNIA (For Maintenance of drainage facilities End of Robinhood Drive - China Camp State Park) Approved staff recommendation. Approved staff recommendation. Set public hearing for May 21, 1984. RESOLUTION NO. 6796 - AUTHORIZING PUR- CHASE AND INSTALLATION OF EQUIPMENT FOR A SOUND SYSTEM FOR MULTI-PURPOSE ROOM, PICKLEWEED PARK COMMUNITY CENTER (CM) (To Pro Media, low bidder, in amount of $3,416.59) Accepted report. 11. Claims for Damages: a. Ron Broyles, Automatic Amusements Corp. (PW) - File 3-1-867 b. Ron Broyles (PW) - File 3-1-867a c. Justine Astrin (PW) - File 3-1-870 d. Margaret Aragon (PD) - File 3-1-873 e. Suzanne R. Daily (PW) - File 3-1-874 13. Agreement Re Placement of Sculpture on Falkirk Grounds (Lib/Cult. Aff.) - File 4-3-118 14. Status Report on City of San Rafael Canal Pollution Study (PW) - File 13-12 Approved George Hills Co., Inc. recom- mendations for denial of claims. RESOLUTION NO. 6797 - AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH INTER - ARTS OF MARIN AND SCULPTOR JOHN ROLOFF FOR THE TEMPORARY PLACEMENT OF A SCULPTURE ON THE GROUNDS OF FALKIRK Accepted report. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 2. AWARD OF CONTRACT - 1983/84 AUDIT SERVICES (Fin) - File 8-1 Councilmember Russom indicated he had talked with Mr. Ted Israel of Eckhoff Accountancy Corp. who stated he would be happy to meet with individual councilmembers to explain the accounting procedures being followed. Councilmember Russom then moved and Councilmember Frugoli seconded, to authorize Eckhoff Accountancy Corp. to proceed with the 1983/84 audit. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 7. REPORT ON CALTRANS' PROJECTS: (PW) - File 11-16 x 171 x 9-3-40 a. SOUTHBOUND AUXILIARY LANE b. HOV PROJECT Mayor Mulryan asked Public Works Director David Bernardi for a brief summary of CalTrans' report. Mr. Bernardi indicated that CalTrans' policy for 1983 indicates a new direction they want to take as far as working with local government and getting projects out to bid. He stated there is a 1.2 billion dollar capital improvement program for this and half of the next fiscal year for CalTrans. Of all the monies allocated to CalTrans, 60% automatically goes to Southern California, because of the population. The report was accepted, without motion, with the suggestion that Mayor Mulryan and City Manager Beyer, along with Public Works Director Bernardi meet with CalTrans to make a new contact. 10. STATUS REPORT ON COUNTY REVIEW OF NORTHGATE ACTIVITY CENTER PLAN (P1) - File 10-2 Mayor Mulryan suggested the City take an active roll in this matter, and commented that Plan- ning Director Moore's letter had not received a response but he thought it was excellent. Planning Director Moore indicated this is something we need to continue coordinating with them, as they have not been very responsive in replying to our concerns about their adoption of the plan. There are difficulties over Deerfield Park. County staff does not fully understand our Plan; they are trying to have us give certain kinds of credits. Councilmember Nave stated there are philosophical differences on the way traffic mitigation is being handled. Planning Director Moore pointed out the difficulty is that they have not identified the alternate funding source that will take care of the shortfall from the credit system the County is proposing, and it is very unclear whether the County feels they have a responsibility to maintain a reasonable level of service at the Lucas Valley -Smith Ranch Road interchange. Council accepted report without motion. 12. APPROVAL OF NEGOTIATED SETTLEMENT WITH POLICE OFFICERS ASSOCIATION (POA) (PD) - File 7-8-3 Mayor Mulryan stated that in accepting this recommendation, there will be no cost this year, because of certain savings, but asked what the long term impact to the City will be. City Manager Beyer replied the cost will be $20,000 annually. • Councilmember Nave then moved and Councilmember Frugoli seconded, to approve the recommended settlement and authorize the changes in P.S.A. and Patrol Officer positions, which reduces the number of allocated Police Service Aides positions to two (2) and restores two (2) of the four (4) deleted Police Officer positions. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 15. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 1821 FOURTH STREET (PW) - FiIP 13-1-1 Mayor Mulryan opened the public hearing. Public Works Director Bernardi indicated that Phillip Bonanno and Steve Chaikin are proposing to remodel the existing store at 1821 Fourth Street and open a furniture refinishing business. They have estimated their remodeling costs at $25,000. Accessibility requirements would necessitate the enlargement of the existing toilet room and access ramps. Structural revisions to the building would be required. This work is estimated to cost $2,000. Vernon Cox of the Center for Independent Living has notified the City that they do not feel that the toilet room and related access ramps are warranted at this time. There being no comments from the public, the hearing was closed. Councilmember Nave moved and Councilmember Frugoli seconded, to approve staff recommendation that the City Council, sitting as the Board of Appeals, determines that in this particular case the provision of a handicapped accessible toilet room and related access ramps would represent an unreasonable hardship, and directs staff to prepare an appropriate Resolution with Findings upholding the appeal and bring said Resolution back for adoption at the next meeting. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 16. PUBLIC HEARING - KERNER BOULEVARD ASSESSMENT DISTRICT (PW) - File 6-35 Mayor Mulryan opened the public hearing. Public Works Director Bernardi informed the Council that the packet of information given to them specifies all the action to be taken to finally form the assessment district; plans and specifications were advertised; bids were opened. Edwin Ness, Bond Counsel, is here to provide any legal assistance. Because of the Protest hearing tonight, there are property owners who wish to address the Council. Lee Oberkamper, Project Engineer, is also here to give any details needed. Mayor Mulryan then inquired as to whether there was anyone protesting the assessment district formation. Tom Foley spoke, indicating he and his associate, Jim Curtis, real estate advisors for the Marin County Employees Retirement Association, wanted their letter of protest, which had been presented previously, to be included as part of the record. Mr. Foley commented he did not feel they would benefit from the proposed assessment district, and they object to the alloca- tion of land acquisition, construction, and indirect costs concerning the proposed Morphew Avenue. David Hellman, Attorney representing Fred Grange, spoke and said he believed the Council has a letter which had been submitted which summarizes the concerns Mr. Grange has. Mr. Grange does not oppose the formation of the district, but there are certain issues that he feels are inequitable in relation to him. He owns Parcels 22A and 22B. These are the only two parcels in the entire district which do not have access to one of the proposed new roads. Mr. Hellman indicated Mr. Grange is being assessed for "traveled way" which amounts to over $100,000 in assessments. Mr. Hellman stated it is their contention that this particular assessment will not benefit Mr. Grange. He stated that Mr. Grange has access on Francisco Blvd. and has paid assessments in the past and there are more assessments included in this district which will improve Francisco Blvd., and he is certainly not objecting to this; however, his feeling is that none of the joint new streets that will be in the area will directly benefit him. There- fore, Mr. Grange feels he should not be assessed for those two parcels. Mr. Hellman stated that the second point in his letter points out that Mr. Grange has dedicated some property to the City that will be part of the new Kerner Boulevard, and also part of the pond. There is a proposal before the Council, at least in terms of the budget, to reimburse Phoenix Leasing for that property. We understand there is an issue as to whether anybody should be compensated. We feel if anybody is to be compensated, Mr. Grange should be. There is also the issue of reimbursement to property owners on Morphew Street for the property that is being taken in order to put in the street. Again, when Mr. Grange owned a parcel that abutted onto what will be Morphew Street, he then dedicated the property to the City. He should also receive reimbursement for this. Finally, there is the issue of levee improvements that are to be made for the pond. The initial agreement between the owners did not include the pond levee. At this point, the feeling is that the property owners, in particular those connected with south of Kerner, should not have to bear any of the levee assessments. Mr. Hellman indicated that the City policy on this, as we understand it, has been to make property owners pay for their own levee improve- ments. We feel at this point and time that those persons south of Kerner should not have to bear that cost, even if the spread is to include other parcels. He indicated that his client, Fred Grange, is also concerned about the impact of this assessment district on the area, in two policy areas which are not directly related to the assessment spread, but in terms of future traffic mitigation fees. Mr. Hellman asked the Council to recognize the fact that this is an assessment district of approximately 5 1/2 million dollars; because of traffic mitigation fees and because of the uncertainty of future development in the area, particularly with consulting reports that could be presented in the future, use of this whole area could be somewhat restricted. We would like to see the property owners allowed to develop the property in terms of compatibility and consistent with present development in the area. In terms of variances where the property owners are having part of their parcels taken, they should be allowed to have certain variances, or the City would recommend that as a potential possibility, as they have done in the past. Mr. Raymond Piombo came forward to state that Piombo Bros. would like to be included in the new assessment district. He indicated he had submitted a letter dated May 7, 1984, to the Council, asking to be included so that they may receive the promised reimbursements for the improvements which they have constructed. Lee Oberkamper, Project Engineer, stated he would like to review briefly for the Council the rationale that was used in determining the manner in which the assessments were spread, i.e., basically the areas in which questions have arisen. The Marin County Employees Retirement Association has frontage on Francisco Blvd.; the new street Morphew Blvd. will run along its westerly boundary and new Kerner Blvd.along its northerly boundary. The assessments for the new streets to be constructed within the assessment district were uniformly assessed on the basis of "traveled way" within the assessment district on the basis of area, figuring that each property contributes to the use of the "traveled way". The frontage improvements, that is, the parking lane and curb, gutter and sidewalk improvements were assessed on the basis of front footage. We have heard and reviewed the position of the Marin County Employees Retirement Association. Mr. Oberkamper indicated it was his feeling that they benefit from the con- struction of Morphew Street along their property line, particularly with respect to the fron- tage improvements, since on -street parking is thereby created along their frontage, and the "traveled way" improvements provide for improved traffic circulation, including to their property. Councilmember Frugoli commented that he definitely would think it would improve the value of their property -- with a corner lot surrounded by three streets. Concerning Parcels 22A and 22B, which were created at the time the Phoenix Leasing parcel was created and sold to them, Mr. Oberkamper indicated it was his view that they do benefit from the improvement of the traffic circulation in the area as a whole. Concerning the question of right-of-way acquisition, and the desire for payment for those rights-of-way by Mr. Grange, Mr. Oberkamper indicated that right-of-way acquisition has been uniformly treated as being related to the property on which the street right-of-way fronts, rather than based on who the person was who granted the right-of-way. Further, since properties can, and do, change hands, street right-of-way runs with the property, and it is appropriate that the right-of-way costs go to those ownerships. With respect to the levee assessment, the assessment for the breakwater levee which lies along the bayfront adjoining the pond was assessed uniformly on the basis of area. The East San Rafael Drainage Assessment District No. 1, which was formed a number of years ago, did include in it provision for levee construction, and those levee constructions were to be assessed and were set on the basis of all of the properties that were being protected by the levees. Mr. Oberkamper indicated that basis is appropriate in this assessment district also. Edwin Ness, Bond Counsel, commented on Mr. Piombo's statements and the letter he presented, concerning the question of the work Mr. Piombo has done and also the question of some P.G. & E. improvements and who should pay for the cost of these improvements. Mayor Mulryan suggested that Mr. Ness and Mr. Piombo discuss these problems to try to resolve them. A discussion was then held about whether to continue the public hearing for two weeks or to close the public hearing, overrule the protests and continue on. Mario Ghilotti, who owns property within the assessment district, urged the Council to accept the low bid, which is 15% below the Engineer's estimate, representing almost $300,000, and go forward with the formation of the assessment district. Jim Curtis, representative of the Marin County Employees Retirement Association, again con- tested their $45,000 assessment. With no further comments from the public, Mayor Mulryan closed the public hearing. • a. Resolution Overrulinq Protests RESOLUTION NO. 6798 - RESOLUTION OVERRULING PROTESTS - KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner b. Amended Engineer's Report - Filed c.* Resolution Approving Agreement with the Marin Municipal Water District RESOLUTION NO. 6799 - RESOLUTION APPROVING AGREEMENT WITH MARIN MUNICIPAL WATER DISTRICT - KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner d. Resolution Approving Agreement with the San Rafael Sanitation District RESOLUTION NO. 6800 - RESOLUTION APPROVING AGREEMENT WITH THE SAN RAFAEL SANITATION DISTRICT - KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner e. Resolution Approving Amended Report and Assessment and Ordering Improvements RESOLUTION NO. 6801 - RESOLUTION APPROVING REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT - KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner f. Resolution Authorizinq Chanqe Orders RESOLUTION NO. 6802 - RESOLUTION AUTHORIZING CHANGE ORDERS - KERNER BOULEVARD ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner At this point, Mr. Ness asked Mayor Mulryan to have the Council not take any further actions, and asked if he could leave the Council Chambers and discuss further the awarding of the contract with Mr. Mario Ghilotti. Mayor Mulryan granted the request. (Balance of this item was acted on after item No. 20, as follows:) Mr. Ness spoke, indicating it was his recommendation that the City Council go forward with the adoption of the Resolution awarding contract to Ghilotti Bros., low bidder. g. Resolution Awarding Contract RESOLUTION NO. 6803 - RESOLUTION AWARDING CONTRACT - KERNER BOULEVARD ASSESSMENT DISTRICT (To Ghilotti Bros., low bidder, in amount of $1,861,522.00) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner h. Notice Awarding Contract - Original filed. i. Appraisal Report - Filed. j. Resolution Certifying Negative Declaration RESOLUTION NO. 6804 - RESOLUTION CERTIFYING A NEGATIVE DECLARATION FOR KERNER BOULEVARD ASSESSMENT DISTRICT AND WETLANDS PLAN AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 2 40, 2 17. PUBLIC HEARING - UP83-116 & ED83-120 - APPEAL OF TRAFFIC MITIGATION FEES FOR OFFICE/WAREHOUSE COMPLEXN RELATED SITE IMPROVEMENTS; ANDERSEN DR N STREET; M W ; RAY HOFFMAN III, REPRESENTATIVE AND APPELLANT; AP 11-142-39 P1 - File 10-2 Mayor Mulryan opened the public hearing. Planning Director Anne Moore stated that the Planning Commission had conditionally approved use _- permit and design review applications for approximately 29,000 gross sq. ft. office/light industrial building on a 1.7 acre site directly east of Marin Surplus on Andersen Drive. Clover Dairy currently uses the majority of the site as an office and dispatch yard and a portion of the site is fenced for recreational vehicle storage. The proposal consists of the development of a single story structure. The Planning Commission approval action of April 10, 1984 imposed several standard conditions, including a condition requiring the payment of a $74,841 traffic mitigation fee prior to the issuance of a building permit. This is the con- dition being appealed tonight. The requirement that the traffic mitigation fee be paid at the time of building permit issuance is consistent with Council Resolution No. 6716. Ms. Moore indicated that staff is recommending adoption of resolution upholding the Planning Commission approval of the use permit and denying the appeal. Appellant Ray Hoffman stated it is his contention that the number of peak hour trips is over- estimated and the per trip fee is excessive and burdensome. In addition, he felt that limiting the payment of traffic mitigation fees to new developments is discriminatory. He stated the payment of traffic mitigation fees upon issuance of the building permit is unjust when compared to the prior policy of delaying payment of fees until the funds were to be used. Mayor Mulryan indicated that the policy to impose interim mitigation fees has been discussed at length and it is hoped that eventually the mitigation fees can be spread out more evenly; in the meantime these funds are required to go along with other "hoped for" sources of revenue to get the needed improvements accomplished. With no further comments from the public, the hearing was closed. RESOLUTION NO. 6805 - RESOLUTION UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF UP83-116 AND ED83-120 AND DENYING THE APPEAL (Andersen Drive and Dodie Street) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 18. PROCESSING OF DEVELOPMENT APPLICATIONS DURING PREPARATION OF EAST SAN RAFAEL NEIGHBORHOOD PLAN P1 - File 218 Planning Director Moore briefed her report for the Council, indicating a checklist has been devised which has been very well received by most of the property owners and homeowners. Both the Planning Commission and Planning staff recommend adoption of the review process in prepar- ation of the neighborhood plan. Councilmember Russom mentioned that the process will allow the Council to look at each project on its own merits. Councilmember Russom moved and Councilmember Frugoli seconded, to adopt the development appli- cation review process during preparation of the East San Rafael Neighborhood Plan, as presented. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 19. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1483 - AMENDING VARIOUS SECTIONS OF TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE CONCERNING REGULATION OF LATE NIGHT CONVENIENCE MARKETS AS CONDITIONAL USES P`1 - File 10-3 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 14.08.130, s 14.40.020IIa, 14.44.020IIa, 14.46.040f, 14.47.020IIb, AND 14.56.025m OF THE SAN RAFAEL MUNICI- PAL CODE TITLE 14 CONCERNING REGULATION OF LATE NIGHT CONVENIENCE MARKETS AS CONDITIONAL USES" 4 i Councilmember Frugoli moved and Councilmember Nave seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance NO. 1483 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner i 20. SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1484 - REPEALING CHAPTER 2.38 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED MUNICIPAL ELECTION CAMPAIGN CONTR-IBUTION CONTROL" (CA - File 9-4-2 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING CHAPTER 2.38 OF THE SAN RAFAEL MUNICIPAL CODE, ENTITLED 'MUNICIPAL ELECTION CAMPAIGN CONTRIBUTION CONTROL"' Councilmember Frugoli moved and Councilmember Russom seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1484 by the following vote, to wit: AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 21. CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT (PW) - File 6-42 Council reviewed a staff report regarding the proposed Civic Center - Northgate Assessment District for which petitions have been signed by more than 60% of the property owners, regard- ing acquisition of capacity in Northgate Activity Center Plan traffic improvements, including: the proposed Merrydale Road overcrossing of Highway 101 northbound on-ramp from Manuel T. Freitas Parkway interchange, and other traffic improvements proposed in the City of San Rafael Activity Center Plan. The Council then took the required steps toward formation of the Assessment District. a. Petitions - Filed b. Certificate Re Petition - Filed c. Resolution Accepting Petition RESOLUTION NO. 6806 - RESOLUTION ACCEPTING PETITION - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner d. Boundary Map - Filed e. Resolution Approving Boundary Map Nave, Russom & Mayor Mulryan RESOLUTION NO. 6807 - RESOLUTION APPROVING BOUNDARY MAP - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner f. Resolution Approving Agreement for Legal Services RESOLUTION NO. 6808 - RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT (With Sturgis, Ness, Brunsell & Sperry a professional corporation) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner g. Resolution Approving Agreement for Engineering Services RESOLUTION NO. 6809 - RESOLUTION NO. 6809 - RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES - CIVIC CENTER-NORTHGATE ASSESSMENT DIST. (With Coleman, Selmi & Wright) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner h. Resolution of Preliminary Determination to Undertake Special Assessment Proceedings and Settinq Time and Place of Hearinq RESOLUTION NO. 6810 - RESOLUTION OF PRELIMINARY DETERMINATION TO UNDERTAKE SPECIAL ASSESSMENT PROCEEDINGS AND SETTING TIME AND PLACE OF HEARING (Monday, June 18, 1984, at 8:00 PM in the Council Chambers) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner i. Resolution of Intention RESOLUTION NO. 6811 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN CIVIC CENTER - NORTHGATE ASSESSMENT DISTRICT AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner j. Engineer's Report - Filed k. Resolution Accepting Report and Setting Hearing RESOLUTION NO. 6812 - RESOLUTION ACCEPTING REPORT AND SETTING HEARING OF PROTESTS - CIVIC CENTER-NORTHGATE ASSESSMENT DISTRICT (Monday, June 18, 1984, at 8:00 PM in Council Chambers) AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 1. Notice of Improvements - Filed 22. REQUEST TO PRESENT LATE APPEAL - THREE LOT SUBDIVISION AT THE END OF SANTIAGO WAY; HASSAN SABBAGHIAN, OWNER AND REPRESENTATIVE; AP 165-141-30 1- File 0-2 Planning Director Moore briefed her report, indicating that Hassan Sabbaghian of S & Z Con- struction has filed a late appeal of a condition that was imposed by the Planning Commission on a design review permit approved in October 1983 for three new single family dwellings at the end of Santiago Way. The condition that is being appealed pertains to payment of a traffic mitigation fee in the amount of $6,348 which was imposed by the Planning Commission for con- formity with the Northgate Activity Center Plan. The applicant contends that the fee is unjustified given the size of the development and the fact that the subject property is not located within the boundaries of the Northgate Activity Center. As with numerous other projects including Meadow Oaks and Laurel Glen, the Planning Commission required the fee because traffic generated by this project is tributary to the critical intersections with the Northgate area. The applicant did not protest the fee at the time of Planning Commission review nor appeal to the City Council at that time. Staff contends there is not basis for the appeal. In fact, if the appeal were approved, the project would not be consistent with the Northgate Activity Center Plan and the City's insis- tence that the County impose traffic mitigation fees on County projects in the areas tributary to the Activity Center. Mayor Mulryan indicated he felt the City would be on dangerous ground in granting exceptions and recommended denial of request to present late appeal. After further discussion, Councilmember Russom moved and Councilmember Frugoli seconded, to deny request to present late appeal. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner 23. PROPOSAL TO ADVERTISE CITY -OWNED PROPERTY FOR LEASE - LOCATION OF PROPERTY, 522 "B" STREET RA - File 2-8-25 x 2-8-19 Redevelopment Program Manager -Howard Ours presented his report, indicating 522 "B" Street consists of 18,675 sq. ft. of land improved with a 9,854 sq. ft. warehouse building of which 728 sq. ft. is office. The property was acquired in 1978 for future expansion of Albert Park. The current lease, at $1,500 a month, is due to expire on May 14, 1984. The City has exper- ienced a great deal of difficulty collecting rent from the present tenant, Mr. William Ferrua. Staff is proposing to advertise for offers to lease 522 "B" Street for uses which would be consistent with the property's C-2 zoning at a monthly rental of $2,000 a month. The lease would be for a five-year period with cancellation by either party upon one year's notice. Lessee would agree to waive any relocation costs due to cancellation by the City for any reason. (Councilmember Breiner arrived during discussion, at 9:50 PM) Mr. Ours stated that Mr. Ferrua has indicated he is willing to pay all of the back rent and would like to pay the $2,000 per month. 487 Councilmember Russom moved and Councilmember Frugoli seconded, to have staff proceed with advertising for lease offers and bring the results of this advertising before the Council at meeting of June 4, 1984. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. AMENDMENT TO AGREEMENT WITH CITY MANAGER (CM) - File 9-3-11 Council reviewed a memorandum from Mayor Mulryan, presenting an amendment to the Agreement with City Manager Beyer, recommending a salary increase of 7.1% retroactive to May 1, 1984, and extending the Agreement to November 1, 1985, for a total annual salary of $60,000. RESOLUTION NO. 6813 - AMENDING THE AGREEMENT BETWEEN CITY MANAGER AND CITY OF SAN RAFAEL (RESOLUTION NO. 5985) (Retroactive to May 1, 1984, extending Agreement to November 1, 1985) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 25. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Councilmember Nave moved and Councilmember Frugoli seconded, to oppose SB 1509 (Bill Greene) Workers' Compensation re: Public Agency Self -Insurance. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Frugoli moved and Councilmember Russom seconded, to support AB 2894 (Condit) Amendment of Vehicle Code, re: Vehicles. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Nave moved and Councilmember Breiner seconded, to oppose AB 3683 - Public Con- tracts re: Contract Compliance Programs. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CLOSED SESSION 26. Council adjourned to closed session to discuss litigation. They then reconvened in public and authorized settlement of Claim No. 3-1-875 (PW), John DeMarchi, in amount of $1,525.21. Council then adjourned to their next regular meeting to be held on Monday, May 21, 1984. M. C City Cler APPROVED THIS DAY OF 1984 MAYOR OF THE CITY OF SAN ;!rAFAEL *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, May 21, 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; Linda Downey, Deputy City Clerk/Assistant Agency Secretary; Peter J. Muzio, City/Agency Attorney CITY COUNCIL 1. COUNCIL CONSIDERATION OF CITY POLICY FOR BUILDING ENCROACHMENTS WITHIN FUTURE 55' HIGHWAY TAKE" ALONG FRANCISCO BOULEVARD WEST P1 - File 11-16 x 4-8-11 x R-227 City Manager Beyer stated that at the time the Disposition and Development Agreement was signed with McPhails, the option was left open for the possibility of a building use within the 55' setback and, as the project was developed, McPhails came up with a proposal as part of the final development plan which included a building within that 55' "take". Staff recommends allowing encroachment as long as the buildings are temporary and all improvements are removed at the expense of the developer if and when necessary, as the use would be beneficial to McPhails and the City because there would be productive use of the area. Mayor Mulryan asked Ray Hoffman, representing McPhails, if he would recommend whatever use is designated for the structure encroaching on the 55' "take" be somewhat severable from the rest in case the "take" did materialize. Mr. Hoffman said that typically, in situations like this where there is a possible condemnation, the leases include provisions to terminate the leases, and that the tenant would not have any other space in the main portion of the building that would affect the use of his business. RESOLUTION - PERMITTING BUILDING ENCROACHMENTS WITHIN 55' "TAKE" FOR ULTIMATE STATE HIGHWAY IMPROVEMENTS BY WRITTEN AGREEMENT, FRANCISCO BOULEVARD WEST SOUTHEAST OF RICE DRIVE AND NORTHWEST OF THE RICE CENTER AT 760 FRANCISCO BOULEVARD WEST (LIQUOR BARN) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None REDEVELOPMENT AGENCY 1. REVIEW AND APPROVAL OF FINAL DEVELOPMENT PLAN FOR McPHAILS INCORPORATED PROJECT (RA) - File R-227 Redevelopment Program Manager Howard Ours stated that the final plans call for a 39,300 sq. ft. home improvement retail center on 2.6 acres which is the land which the Redevelopment Agency sold plus the McPhail's land. He presented drawings of the building and indicated that staff recommendation is to adopt the plans and move forward with construction. Member Russom indicated that in the Council Resolution previously passed permitting building encroachments within the 55' "take", there was a provision that the agreement between the property owner and the City for building encroachments within the "take" area was for a speci- fic time limit agreed upon which could be re -negotiated, and this Resolution approving the final development plan for McPhails doesn't have a time limit. Executive Director Beyer pointed out that staff will be coming back to the Agency with a specific agreement which would be recorded based on the criteria in the Resolution and a time period would be post-dated. Mr. Ray Hoffman, representing McPhails, indicated that he had some important comments to make on the Resolution passed in the previous item. He stated that the major problem McPhails had in accordance with most of the staff recommendations, was the one that dealt with the compen- sation of the building in the future, and felt it was totally inequitable and unjust and borders on condemnation. With condemnation you must have due process and compensation, and if McPhails was to enter into an agreement at this time that did not provide for that, it affects the entire feasibility of the project. McPhails should be free to negotiate with the State at the time the condemnation takes place and not waive those rights right now. Mr. Hoffman stated that the State has no ownership of the property and no easements that he knows of; just a plan to develop that property for future widening in an undetermined time frame. Chairman Mulryan asked Agency Attorney Muzio whether the rights that CalTrans has are mature to the point of them having some ownership rights. Agency Attorney Muzio said he had not had the opportunity to review that, but indicated there is a letter from CalTrans engineers approving the notion of having buildings in the "take" area conditioned upon the buildings being removed at the owners' expense when CalTrans elects to use the property. Chairman Mulryan stated that Mr. Hoffman's point was that if the State has not already paid for the property and doesn't have a mature, legal right to the property, then they can't circumvent that just by filing a plan and bypassing the fair and equitable value of the property. Agency Attorney Muzio asked for time to review that matter. Member Frugoli indicated he thought CalTrans had the easement on the 55strip. Executive Director Beyer stated that it was shifted as part of the agreement the City entered into with CalTrans two or three years ago when the line for the proposed roadway was shifted, and it is basically the responsibility of local government to protect that right-of-way, which the City has been doing for years, in terms of what was a 150' setback. This would be consistent with that protection. In the past, the City has not allowed anyone to build on the property. This is the trade-off and why staff has been talking about ten years, back when the City entered into negotiations on the Disposition and Development Agreement. Since staff hasn't seen any precise plans, the option was left open until the final development plan was under review. The other option for the City is not to allow the building at all. It is the safest position, as the City has a relationship with CalTrans to protect the right-of-way. Member Breiner asked if the property owners have been compensated in any way, or if it is an understood planning approach that if you own property along the area where the City has an agreement with CalTrans that no building is allowed within a certain number of feet. Executive Director Beyer responded that the property owners will be compensated when the widening takes place. Mr. Hoffman stated that McPhails doesn't want to be compensated for the economic value of the building based on the income, but wants to be compensated for the knockdown and re -erection of the building on another site. This is what McPhails wants to be able to negotiate with the State. Mr. Hoffman said that never in any discussions with staff has the lack of compensation for any improvements in the setback ever been brought to their attention. Executive Director Beyer disagreed saying the ten-year period was discussed, as well as why an amortization clause was wanted so there would not be a cost to the public agency for allowing that development, yet recognizing there could be a legitimate period of time between the time this project was constructed and the time CalTrans would have the money to widen the freeway. Chairman Mulryan said it might be worthwhile to take a look at the idea of amending the con- dition to allow such things as negotiating the knockdown costs. Member Russom said he was under the impression that the agreement had been discussed and agreed to by staff and McPhails' representatives. He indicated he would like to have the item held over and get a legal reading on the 55' "take" and how it affects not only the McPhails property but others in the area. Staff was then directed to review the State's legal right as to the 55' "take" and, after discussion, discuss the matter with McPhails and bring the item back at the meeting of June 4, 1984. At that time, it was moved by Member Breiner and seconded by Member Nave to reconsider the previous item. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Chairman Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Agency reconvened as the City Council and rescinded their previous action; that of adopting the Resolution permitting encroachments within the 55' "take". AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The joint meeting was adjourned to the regular City Council meeting at 8:00 p.m. L D S. DOWNEY, Deputy City C rk/Assistant Agency Secretary APPROVED THIS 8 IX DAY OF 1984 Jell v —s.--- r WRENCE E. MULRYAN, Mayor/Agency Chairman *** *** *** *** *** *** *** *** In the Council Chambers of the City of San Rafael, Monday, May 21, 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; Linda Downey, Deputy City Clerk; Peter J. Muzio, City Attorney 1. SAN RAFAEL CENTENNIAL YOUTH COMMUNITY SERVICE AWARD - File 109 Irving Chapman, Trustee of the San Rafael Centennial Trust, provided a history of the San Rafael Centennial Trust and introduced Superintendent Nancy Marley who presented certificates and coins to nine of the nominees: Jill Angerbauer, Jo Ann Deasy, Sheri Greenbaum, Steve Ghio, Andrew Parnell, Joy Schaber, Mark Sedway, Anne Thompson, Dorothy Louise Vickroy. Mayor Mulryan presented the 1984 San Rafael Centennial Youth Service Award to Cynthia Stewart. 2. PRESENTATION BY MARIN CONSERVATION CORPS - File 9-3-40 Mr. Don Perkins, Associate Director of the Marin Conservation Corps, explained to the Council that the Corps is planning for their Summer Program, and has had discussions with City staff concerning an eight-week program. He indicated the Corps' mandate is to provide a meaningful work opportunity to youth and young adults in Marin as well as a cost effective labor resource to public land management agencies. The cost to the City for a crew of twelve plus two super- visors would be $32/person per day or approximately $14,500 for the program. City Council approved the program in concept, and directed that staff work with the Corps. Money has been set aside in the Public Works Department budget for the program. CONSENT CALENDAR: Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the recommended action on the following consent calendar items: Item Recommended Action 4. Acceptance of Grant of Drainage Easement from RESOLUTION NO. 6814 - RESOLUTION ACCEPT - Golden Gate Bridge, Highway & Transportation ING GRANT OF DRAINAGE AND MAINTENANCE District (Andersen Drive) (PW) - EASEMENT FROM GOLDEN GATE BRIDGE, HIGH - File 2-4-9 x 112-2 x R-237 WAY & TRANSPORTATION DISTRICT (Andersen Drive) 5. Resolution of Findings Re Appeal of Handicapped Access Requirements - 1821 Fourth Street (PW) - Fila 11-1-1 8. Agreement with Canal Community Alliance Re Funds for the East San Rafael Neighborhood Plan (P1) - File 4-10-182 x 218 10. Request for Leave to Present Late Claim - Michael & Bella Kushinsky on Behalf of Deceased Minor Son, Mark Kushinsky, and Alexander Kriventsov (Fin) - File 3-1-841 11. Claims for Damage: (PW) b. Richard and Jacqueline Sieke - File 3-1-877 RESOLUTION NO. 6815 - RESOLUTION OF CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 1821 FOURTH STREET RESOLUTION NO. 6816 - RESOLUTION AUTHOR- IZING THE SIGNING OF AN AGREEMENT WITH THE CANAL COMMUNITY ALLIANCE FOR DISBURSEMENT OF ALLIANCE FUNDS TO THE CITY IN CONJUNCTION WITH THE PREPARATION OF A NEIGHBORHOOD PLAN FOR EAST SAN RAFAEL Approved George Hills Co., Inc recom- mendation for denial of leave to present late claim. Approved George Hills Co., Inc. recom- mendation for denial of claim. 3. MINUTES OF REGULAR MEETING OF APRIL 16, 1984, AND SPECIAL AND SPECIAL JOINT MEETINGS WITH PLANNING COMMISSION/DOWNTOWN PARKING DISTRICT ADVISORY COMMITTEE OF APRIL 23, 1984 CC - File 1-4 Councilmember Russom moved and Councilmember Nave seconded to approve the minutes with an amendment to the minutes of April 23, 1984 to indicate that Councilmember Breiner suggested that the Council receive a map showing where all the different meters and time limits are in the downtown area. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Breiner (from minutes of 4/16/84 only due to absence from meeting) 491 6. BID OPENING AND AWARD OF CONTRACT - BUTTERNUT DRIVE SLIDE REPAIR PROJECT (PW) - File 4-1-364 Public Works Director Bernardi reported on the bid results for the repair of the Butternut Drive slide. Mayor Mulryan commented that there was a wide spread on the bid results. Mr. Bernardi indicated he checked with Piombo General Engineering Contractors and they were willing to perform the work for the amount bid. RESOLUTION NO. 6817 - AWARD OF CONTRACT (Butternut Drive Slide Repair; Project No. 19-1998980 (A).) - (To Piombo General Engineering Contractors, Inc. in amount of $14,791.30) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. CC84-3 - CERTIFICATES OF COMPLIANCE FOR SEVEN RECORD LOTS ON BAYO VISTA AND TERRA VISTA WAY: Paul and Eleanor Sade, owners; Ronald G. Gaither, representative; AP 10-283-43, 44, 45, 46 & 47 and 10-286-02 & 03 P1 - File 10-2 Planning Director Moore reported that the City received a request to issue certificates of compliance to recognize seven record lots as legal building sites. The parcels, located on Bayo Vista Way and Tierra Vista Way have been under the same ownership since 1967 when the subdivision was created. Staff's analysis was that the property should be recognized as seven legal lots because (1) the lots were subdivided after the City's August 15, 1966 adoption of slope density standards for the Subdivision Ordinance; (2) the seven lots are the only remain- ing undeveloped lots within the 52 -lot subdivision; (3) all other surrounding lots are similar in size and shape; and (4) at the time of City subdivision approval, a specific provision for a common driveway easement serving Lots 22-26 was created to encourage proper hillside develop- ment and to minimize excessive grading. Councilmember Breiner stated she would like to see staff impose geotechnical review on any future development on any of the parcels if any slide areas show up during the course of construction. Councilmember Nave moved and Councilmember Frugoli seconded to approve the staff recommend- ation. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. RESOLUTIONS RE PERSONNEL MATTERS: (Pers) A. POLICE SERVICES AIDE AND ADMINISTRATIVE AIDE - File 7-3 x 7-8-3 B. LEGAL SECRETARY - File 7-3 x 9-3-16 Included in the 1983/84 authorized budget were proposals for three new job classifications, Police Services Aide, Police Administrative Aide and Legal Secretary. Staff recommended adoption of two resolutions which would modify the existing Memorandum of Understanding with the Police Association and MAPE to include these new job classifications. RESOLUTION NO. 6818 - AMENDING RESOLUTION NO. 6689 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL (Police Services Aide and Police Administrative Aide) RESOLUTION NO. 6819 - AMENDING RESOLUTION NO. 6690 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MISCELLANEOUS PERSONNEL; AND AMENDING RESOLUTION NO. 6453 PERTAINING TO CONFIDENTIAL POSITIONS (Legal Secretary) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. CLAIMS FOR DAMAGE: (PW) (a) Michael Tompkins - File 3-1-876 At the request of City Manager Beyer, this item was withdrawn pending further review. 12. PUBLIC HEARING - APPEAL OF HANDICAPPED ACCESS REQUIREMENTS - 2130 FOURTH STREET (FUJIYAMA RESTAURANT) (PW) - File 13-1-1 Mayor Mulryan declared the public hearing opened. 492 Public Works Director Bernardi reported that the Fujiyama Restaurant has requested a building permit to make certain improvements to the restaurant at an approximate cost of $12,000. In order to meet the handicapped access requirement, there would be an additional $8,000 required to modify the bathroom to comply. Both staff and the Marin Center for Independent Living agree that the cost is more than reasonable and would create a hardship, and recommended that the City Council, acting as Board of Appeals, determine that the provision of handicapped acces- sible toilet rooms would represent an unreasonable hardship and direct staff to prepare an appropriate resolution with findings to bring back for adoption at the next meeting. There was no public input and the hearing was closed. Councilmember Nave moved and Councilmember Breiner seconded to accept the staff recommendation. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. RECREATION ELEMENT (P1) - File 115 Mayor Mulryan declared the public hearing open. Associate Planner Jean Freitas stated that the Recreation Element of the General Plan is a plan to maintain, enhance and develop recreation facilities to meet existing and future needs of San Rafael residents. She explained that San Rafael has not had a Recreation Plan except for a general policies document that was adopted in 1976. The three reasons for preparing one at this time are: (1) The Naylor Bill allowed cities to purchase certain surplus school recre- ation facilities at a reduced cost. In order to do this, cities must have a plan identifying the school sites they are interested in retaining for recreation purposes. (2) Cities must have recreation elements with identifiable standards in order to be able to obtain parkland through the subdivision approval process. Parkland dedication at the time subdivision are approved is the most effective way to assure neighborhood parks. (3) The City needs a Bicycle Plan to be eligible to apply for federal and state bicycle funds. Ms. Freitas reported that the Plan was developed with input from numerous agencies and organ- izations and that the draft was distributed for review in August 1983 for comment. Addition- ally, the Planning Commission and Park & Recreation Commission established a four -member joint Recreation Element Subcommittee to review the draft and modifications. Prior to a public hearing, a revised draft was widely distributed. The Planning Commission and Park & Recreation Commission held a joint public hearing in January 1984 to consider the draft Element. Primary discussion at that hearing dealt with the proposed Policy 4 which would require parkland dedication or in -lieu fees of new residential development. Both the Planning Commission and Park & Recreation Commission recommended adoption of the draft Element. A majority of the Commissioners felt parkland dedication is important to insure that existing parks don't become over used and that parkland dedication requirements are a major tool that cities have to reserve and develop park sites. A majority of the Commissioners also felt that case by case negotiations tend to be inequitable to developers as they don't know early on in the process what may be expected by the City. Ms. Freitas stated that an item that attracted attention at the public hearing was the Recre- ation Element recommendation on Hartzell School. Staff indicated to the School District that at the time the Council makes a decision on the Recreation Element is the appropriate time to make a decision on Hartzell School since the Element lists surplus school sites by priority for retention and potential purchase. The draft Element rated that school site as a "lower priority" than other schools and does not recommend it for retention. The City has until June 18 or until the recreation Element is adopted to respond to the School District regarding its interest in Hartzell. Bob Livingston, a Planning Commission member, spoke in support of the Recreation Element stating that due to physical restraints, we must look to builders and developers to provide for the open space we need. Patrick Webb, Park & Recreation Commission Chairman, said the Commission recognized the park- land dedication issue is objectionable to some people, but brought attention to the past difficulties in developing facilities in the Canal area. He said the Recreation Element alerts developers to park needs and requirements in the future. He stated the Park & Recreation Commission believes it is good policy and urges the Council to pass the Element as proposed. Councilmember Nave expressed concern about the in -lieu fees and what it would do to affordable housing. He suggested that staff look into a credit system in the case of wetlands, park dedication along the water and mitigation fees. Herb Nienstedt, of the Marin Property Owners Association, indicated concern with regard to property owner liability and specifically with regard to trails that pass through or are adjacent to large parcels of land. He requested that on page 13 of the Hiking and Equestrian Trails Plan that the following wording be added to the last sentence of the first paragraph: "Providing a clear exemption from liability can be granted property owners for bodily injury, property damages or other claims resulting from trespass on private land." 493 Councilmember Breiner agreed with Mr. Nienstedt's proposal and also suggested that as part of the implementation of the Element that constributions to the City be encouraged such as an endowment fund or the Community Gifts Catalog, and that the interest be used for scholarships or camperships. She also asked that the City strengthen its policy in seeing that private park facilities in subdivisions are better maintained. Councilmember Nave stated it was essential to have wording in the Element in regards to park- land dedication that negotiations for land be used rather than fees. He also asked that there be a clarification of the dedication policy in that the map reflects that locations are not precise. Mayor Mulryan closed the public hearing. Councilmember Breiner moved and Councilmember Russom seconded, to adopt a Resolution certifying the negative declaration. RESOLUTION NO. 6820 - CERTIFYING THE NEGATIVE DECLARATION FOR THE 1984 RECREATION ELEMENT AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Russom moved and Councilmember Breiner seconded to direct staff to prepare for Council adoption, a Resolution adopting the Recreation Element with the following amendments to be added: (1) Revision of in -lieu fees policy to have City negotiate for land as opposed to fees. (2) Addition of liability provision for private property owners as indicated by the Marin Property Owners Association. (3) Clarification of the dedication policy that the map reflect that locations are not precise. (4) Issue of the maintenance of private park facil- ities in subdivisions. (5) Contributions to the City such as an endowment fund or the Com- munity Gifts Catalog, with interest to be used for scholarships or camperships. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. REVIEW OF FOURTH STREET AREA BETWEEN LOOTENS PLACE AND LINCOLN AVENUE - File 11-8 x R-195 x P-ian Councilmember Breiner recommended that the City Council, Planning Commission and Redevelopment Citizens Advisory Committee jointly take a walking tour of the downtown area in order to review some of the problems and possible solutions. Specific topics would include possible sites for a new parking lot, upgrading of some facades and beautification, and possibly taking a look at the "A" Street entrance to the parking structure. The Council agreed to have a field trip on Saturday, June 2, 1984 at 9:00 a.m. 15. REQUEST FOR AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR PREPARATION OF EAST SAN RAFAEL TRAFFIC IMPROVEMENT PROGRAM (Pl) - File 4-3-119 x 218 Senior Planner Art Brook reported that staff has proceeded with a traffic analysis in the East San Rafael area which is necessary to finalize and set improvement priorities for the area. The City is at a point where modeling of traffic impacts for specific land uses and traffic improvements will be needed. Staff sent out a request for consultant services to eight firms and received three proposals: JHK, TJKM and Wilbur Smith & Associates. JHK's proposal appeared to be the best in staff's estimation, as the cost was the lowest, it addressed all items in the City's request for proposal, it included specific items in the proposal indicating they understood the situation such as calibrating the model and additional surveying of traffic patterns. They will coor- dinate with the Neighborhood 30 effort. Councilmember Frugoli moved and Councilmember Breiner seconded, to approve the selection of the consultant firm of JHK & Associates. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6821 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (with JHK & Associates to provide traffic engineering services for greater East San Rafael) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. REQUEST FOR AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR PREPARATION OF EAST SAN RAFAEL NEIGHBORHOOD PLAN(PI) - File 4-3-120 x 218 Planning Director Anne Moore stated that an RFP for the preparation of the East San Rafael Neighborhood Plan was sent to nine consultant firms. Proposals were received from five firms: Sedway-Cook Associates, Jefferson Associates, Ruth & Going/CHNMB and Blayney-Dyett. After an evaluation of the proposals, the selection committee recommended the firm of Blayney-Dyett. Ms. Moore also reported that Oberkamper & Associates, listed in the Plan as the civil engineers for the project, will not be doing the work as they are currently representing some property owners in the area. Another civil engineer will be selected. Marta Sullivan, Corte Madera Town Councilmember, expressed concern about the biology in the area and that there are endangered species. She felt there was no provision for a biological evaluation and asked if it was too late to have that included into the report. Ms. Moore said if biological expertise was needed the City could sub -contract for this kind of specialized service. Councilmember Frugoli moved and Councilmember Nave seconded, to approve the selection of the consultant firm of Blayney-Dyett. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION NO. 6822 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (with Blayney-Dyett for preparation of the East San Rafael Neighborhood Plan, not to exceed $90,000) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. HEARING ON REPORT OF COSTS FOR ABATEMENT OF PUBLIC NUISANCE - 22 Cala Vista Drive (PW) - FiIP 3-3-37 Public Works Director David Bernardi explained that during the storm in January 1982, this property incurred a large landslide which remained unrepaired and endangered adjacent proper- ties. The property owner was unable to make the necessary repairs and the mortgage company would not comply. Because the slide was hazardous and could be potentially injurious to the public health, safety and welfare, on April 4, 1983, the Council declared it a public nuisance and ordered the property owner to abate the nuisance within thirty days. This was not done so the City contracted to have it repaired. The purpose of this item on the agenda was to show the Council an itemized list of the expenses, and to recommend approving the staff report and authorizing the City Attorney to recover the costs through a lien on the property. No one representing the property owner was present to speak on the item. After discussion, it was moved by Councilmember Breiner and seconded by Councilmember Nave to accept the staff report and adopt the Resolution. RESOLUTION NO. 6823 - CONFIRMING REPORT OF RECORD OF COST FOR ABATEMENT - SLIDE REPAIR AT 22 CALA VISTA DRIVE, ASSESSOR'S PARCEL NO. 12-132-01 AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. REVIEW OF CAL-PDX (SAN QUENTIN LAND FILL) REQUEST FOR AN EXEMPTION, FROM EAST SAN RAFAEL TRAFFIC MITIGATION FEES CA - File 160 x 10-2 City Attorney Peter Muzio stated that at the April 16, 1984 meeting, when the Council was considering the possible addition of a zoning ordinance in East San Rafael which would involve imposition of traffic mitigation fees, an issue was raised as to whether or not Shoreline Industrial Park should be exempted from traffic mitigation fees as an aspect of that ordinance. Council directed staff to determine if the City was under any legal obligation to exempt Shoreline Industrial Park. In 1978/79 the City issued a tentative subdivision map to what was then the Bayview Industrial Park, and rezoned the subdivision to P -D. In the summer of 1979, the developer sought a two-year extension of the tentative map. Staff suggested as a condition of the extension, each lot in the subdivision be assessed $1,500 for an anticipated traffic signal. The developer met with the Planning Director, and as a result of that meeting, the staff recommendation was revised to recommend a maximum of $21,150 to be assessed to the project for the traffic signal. The Planning Commission approved the extension. In the fall of 1983, it was determined by staff that the traffic situation was considerably worse than had been believed. The Council directed staff to prepare a zoning ordinance setting interim East San Rafael traffic mitigation fees on March 19, 1984. The purpose would be to provide partial funding for needed traffic improvements and to insure that development doesn't aggravate existing traffic congestion. Developments which would increase traffic would be required to pay a fee calculated by the project's p.m. peak hour trip generation. 495 City Attorney Muzio stated there are two possible legal bases why Shoreline Industrial Park would be exempt from the zoning ordinance: (1) If they had acquired a vested right to proceed with the development. In order to acquire a vested right, the developer would need to have received a permit to begin construction and would have incurred substantial liabilities and expended substantial funds in reliance on that permit. (2) If there had been a development agreement entered into with the City within the meaning of the Government Code Section 65864. Since neither one of these occurred, the City is not legally bound to exempt Shoreline Industrial Park from traffic mitigation fees. Planning Director Anne Moore indicated that the development is on 39.47 acres out of a total of 581.3 acres to be developed in the area and could generate 10-20% of the total projected traffic increase. Based on that kind of development, it would generate between $1.2 and $4 million in funds. If an exemption was granted, there would be a shortfall of funds and a possibility of adjustment of other traffic mitigation fees to compensate for that difference. Lee Jordan, representing Cal -Pox, spoke in favor of exempting the development from additional monies for traffic mitigation fees. He said the issue was a policy one, and that it was his belief, as well as that of the developer, that the City, in the past, had reached an under- standing with Cal -Pox that the level of traffic mitigation fees connected with this property is the amount of fees previously determined by official action of the Planning Commission and City Council. Mr. Jordan previously furnished staff with a letter summarizing the facts as he understood them and attached minutes from City Council and Planning Commission meetings, as well as declarations from former City officials. Martin Bramante, President of Cal -Pox, gave a description of the project and re -stated Mr. Jordan's comments that it was their understanding that the extent of the traffic mitigation fees was not to exceed $21,150. Fred Grange, an adjacent property owner, spoke against the possible exemption of Cal -Pox from traffic mitigation fees and asked that if an exemption was granted, that the matter come back to the Council in order to give property owners a chance to speak, since they might have to absorb the costs. Both Councilmembers Frugoli and Nave expressed they felt it was a moral obligation on the part of the City to exempt Cal -Pox from any additional traffic mitigation fees. They felt that it was the intent of the City to settle the matter that $21,150 would be the extent of traffic mitigation fees for that project. Councilmember Breiner said she found it difficult to allow this developer to build after everyone else and yet pay less than their share regarding traffic mitigation fees. Councilmember Russom said he was sympathetic to the argument of the City's moral obligation to an agreement that was made, but felt that if that agreement was an example of faulty judgment, it would not be in the best interests of the people to support a decision made by a previous Council. In addition, he felt the burden should not be placed on new developers in the area and that all developments that generate traffic need to pay a fair share of the cost. He suggested that the City negotiate with Cal -Pox toward an equitable sum of money. Councilmember Frugoli moved and Councilmember Nave seconded, to exempt Cal -Pox from additional traffic mitigation fees, other than the $21,150 they previously agreed to. AYES: COUNCILMEMBERS: Frugoli & Nave NOES: COUNCILMEMBERS: Breiner, Russom and Mayor Mulryan ABSENT: COUNCILMEMBERS: None Councilmember Russom moved and Councilmember Breiner seconded, to deny the request for exemp- tion of traffic mitigation fees for Cal -Pox and instruct staff to enter into a negotiating process, based on specific unique aspects of this particular situation. AYES: COUNCILMEMBERS: Breiner, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Frugoli & Nave ABSENT: COUNCILMEMBERS: None 19. RESOLUTION OF FINDINGS DENYING Z83-16 - REZONING FOR AMENDMENT TO SMITH RANCH MASTER PLAN, "GALLINAS VILLAGE", AREAS 5 AND 12 (Pl) - File 10-3 x 5-1-290 City Manager Robert Beyer stated that this matter had been continued in hopes that Dr. Grausz could present to the Development Review Committee the possibility of a modified plan prior to action on this Resolution. The item was scheduled for this meeting because the Development Review Committee was to have met last week, but has rescheduled its meeting for next week. He indicated that the Council had the option of acting on the Resolution or continuing the matter to the next meeting. The Council agreed to continue the item to the meeting of June 4, 1984. An1 20. CONSIDERATION OF REQUEST FOR INDUCEMENT RESOLUTION RE: INDUSTRIAL DEVELOPMENT BONDS FOR CIVIC CENTER VENTURES (CORNER OF SCETTRINI DRIVE AND CIVIC CENTER DRIVE) TO ALLOW IT TO TAKE ADVAN- TAGE OF INDUSTRIAL TRIAL DEVELOPMENT BOND FINANCING CM - File 8-22 City Manager Robert Beyer reported that since April 15, 1984 when the item was before the Council and staff recommended denial, the applicant has responded with a proposal that, in addition to raising the size of the bond issue from $8.5 million to $10 million, that an additional provision be made to allow for them to try to get tenants into the office building who would provide substantial sales tax revenues for the City. Mr. Beyer indicated that additional wording was proposed as part of the paragraph in Section 2 of the Inducement Reso- lution: "Provided further that prior to commencing preparation of the documentation for issuance of the Bonds, Participating Party shall have demonstrated to City's reasonable approval, that leases have been, or will be, executed with tenants, which will produce signi- ficant incremental sales tax revenue for City." City Manager Beyer stated that there are still other steps to be taken prior to the actual issuance of the bonds, so the Council will not be placed in jeopardy, but it is a benefit to the applicant in terms of working out financing, assuming he can get tenants to meet this criteria. Staff further recommended that if the applicant is successful in getting tenants who produce significant incremental sales tax revenue for the City, that there be some commitment that it will be over a long term; at least a minimum of ten years. Councilmember Russom said he would like to have a discussion of IDB's as well as any other City -backed financing, when the matter comes up again. Mayor Mulryan directed staff to come back with a report. Councilmember Frugoli moved and Councilmember Nave seconded, to adopt the Resolution concerning the issuance of industrial development bonds for Civic Center Plaza, but the applicant must demonstrate that the leases will be with tenants producing significantly higher sales tax revenue for the City, and that there will be a commitment for long term leases of at least a minimum of ten years if IDB's are to be issued. RESOLUTION NO. 6824 - CONCERNING ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR CIVIC CENTER PLAZA AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. CONSIDERATION OF POLICIES ON: (A) DISPLACEMENT OF EXISTING HOUSING IN THE DOWNTOWN AREA TB7 LOCATION OF AFFORDABLE AND REPLACEMENT HOUSING(PITT- File 9-1-2 x 115 Planning Director Anne Moore reported that the Council had requested discussion of some housing policy questions as a result of the Kuykendall -Chatham proposal to construct an office building at Fifth and Nye and the Grausz proposal for a senior citizen residential complex at Smith Ranch. Regarding the Kuykendall -Chatham project, it would involve demolition of a 14 -unit rooming house, a 5 -unit apartment building and a massage parlor. Although this area is zoned C-1, it currently allows only residential uses by right. All others require a use permit. The staff report lists several of the existing policy statements in the San Rafael Housing Element that pertain to situations such as that proposed by Kuykendall -Chatham, the most important being #17 which states it is the City's policy to discourage conversion of residential uses to other uses unless equivalent housing can be maintained. The matter of affordable housing was recently brought to the Council in the annual Housing Report and certain policy direction issues were brought to the Council for guidance, such as the displacement of residential units, especially in the downtown. The downtown has nearly 1,110 residential units; approximately 5% of the City's affordable housing stock. Forty percent of those are in commercially zoned areas. When this came to the Council, it concurred with the Planning staff and Planning Commission's recommendations that included in the revised Housing Element, there be a strong policy regarding compensation for replacement housing when existing units are displaced, but that the system be flexible so that if a new project was deemed meritorious enough, it could replace existing housing. Planning Director Moore stated the second policy matter concerns the location of replacement housing or voluntary affordable housing units, and whether the Council should designate policy - wise which is preferable. To date, the City has not made any decisions on projects that involve off-site locations for replacement housing. Staff feels that any such projects should be considered on a case-by-case basis, but that there is a need to streamline the City's decision-making process regarding off-site locations so the planning process time to evaluate the merits of a project doesn't pass before such a basic policy is resolved. Edward Kuykendall, of Kuykendall -Chatham, gave a description of his project and indicated he feels the present residential units are in such bad condition it would take total rehabilita- tion to make the structures habitable. He indicated he is willing to work with the Ecumenical Association for Housing to provide affordable housing. After some discussion, it was determined that since the Kuykendall -Chatham project was not specifically being discussed at this meeting, the next step was for them to be put on the Planning Commission agenda. r- 497 It was the concensus of the Council to include, in the Housing Element revision, some language which gives consideration to neighborhood character with replacement housing. The Council also reaffirmed its previous position concerning the maintenance of housing in the downtown area. Council accepted the report without motion. 22. REPORT OF DEVELOPMENT REVIEW COMMITTEE (CM) - File 9-1-3 Mayor Mulryan reported that the Development Review Committee recently reviewed the proposed San Rafael Commercial Park. This project proposes a high quality industrial park consisting of approximately 90 acres out of a total 120 acres on the site, with 21 acres of commercial development, 20 acres as a gift to the City, 21 acres of marsh/tidelands, and 7 acres of streets and sidewalks. The 20 -acre gift has been designated for relocation purposes, assisting the West Francisco Boulevard area by moving some of the existing businesses to the new site. Four acres have also been set aside for possible relocation of City's corporation yard. Mayor Mulryan stated the Development Review Committee is interested in the fact that the City might be able to obtain 20 acres for use in helping re -vamp the West Francisco Boulevard area. The principal problem they found with the proposal is traffic, and if the issues can be worked out, the Development Review Committee would like to recommend that staff work with the develop- ers to accomplish this park. The Council conceptually approved the project, without motion, and asked staff to convey this to the developers. 23. AN INTERIM URGENCY ORDINANCE PROHIBITING THE USE OF PROPERTY WITHIN THE CITY FOR THE STORAGE R SALE OF FIREWORKS, MAKING FINDINGS WITH RESPECT THERETO, DECLARING HE URGENCY THEREOF, AND THAT IT SHALL TAKE IMMEDIATE EFFECT FD - File 9-3-31 The staff report by Fire Chief Robert Marcucci, stated that on February 16, 1984, in the case of Anthony Ventura vs. City of San Jose, the California Court of Appeals for the First Dis- trict, Division 3 found that state law preempts local ordinance which imposed a total ban on the sale of so-called "safe and sane" fireworks. This ruling is being appealed to the Supreme Court. Presently, in those cities where permitted, fireworks can only be sold from 12:00 noon on June 28 through 12:00 noon on July 6th each year. Two bills are moving through the Legis- lature to maintain the right of local authority to prohibit the sale of fireworks within its jurisdiction. The City Council, on April 16, 1984, indicated support of these bills. It is not known at this time if the Supreme Court will hear the case, and the possibility that the June 28th date could arrive without a decision invalidating the City's long-standing prohibition on the sale and discharge of "safe and sane" fireworks is very real. Staff recommends adopting an interim Urgency Ordinance, which requires a 4/5 vote, prohibiting the use of property within the City for storage or sale of fireworks. The title of the Ordinance was read: Charter Ordinance No. 1485 "AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF SAN RAFAEL PROHIBITING THE USE OF PROPERTY WITHIN THE CITY FOR THE STORAGE OR SALE OF FIREWORKS, MAKING FINDINGS WITH RESPECT THERETO, DECLARING THE URGENCY THEREOF, AND THAT IT SHALL TAKE IMMEDIATE EFFECT" Councilmember Breiner moved and Councilmember Nave seconded, to adopt the interim Urgency Ordinance. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 24. RESOLUTION AMENDING THE 1983/84 BUDGET (Fin) - File 8-5 City Manager Robert Beyer reported that this item would allow the appropriate fund transfers for salary adjustments that were previously approved by the Council, as well as additional monies for the operation of the Pickleweed Park Community Center, and the shifting of funds to the Workers Comp and Liability Funds. Over the past two years, fund balances have been declining, and the intention is to keep them at a level where interest accruing on the funds is paying for the annual draw. Councilmember Frugoli moved and Councilmember Russom seconded, to adopt the Resolution amending the 1983/84 budget. RESOLUTION NO. 6825 - AMENDING THE 1983/84 BUDGET AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None U 10 25. CITY MANAGER QUARTERLY ACTIVITY REPORT (CM) - File 9-3-11 The staff report consisted of a summary of quarterly reports from each of the City's operating departments. The purpose is to bring the Council up-to-date on the activities of the depart- ments during the last quarter. Council accepted the report without motion. 26. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 Mayor Mulryan stated he received a letter from David Roberti asking the support of SB 2333 which would make certain that cities had the ability to prohibit the sale of fireworks in their jurisdictions. City Manager Robert Beyer indicated that the Council has already taken action in support of that bill. City Manager Beyer reported that SB 2216 (Keene) Brown Act Exemption re: Real Property Nego- tiations, would allow the Council to discuss real property transactions and negotiations in closed session. Councilmember Frugoli moved and Councilmember Nave seconded, to support SB 2216. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM REALLOCATION OF CDBG FUNDS - File 147 x 4-13-38 City Manager Robert Beyer reported that at the County Priority Setting Committee meeting, the allocations were approved for the San Rafael Planning Area and the County Planning Area as they affect San Rafael, but after discussion relating to issues raised by the City of Novato, the question came up as to the possibility of San Rafael giving Novato $35,000 of the money allo- cated for Bellam Boulevard. Staff recommends approval with a caveat that the City receive $35,000 off the top for housing a year from now. The $35,000 would not impact the project this year. City Manager Beyer stated that staff needs direction on this because the item will be on the County Board of Supervisors agenda on May 22, 1984. Councilmember Nave moved and Councilmember Russom seconded, to give $35,000 of San Rafael's allocation of CDBG funds to Novato, with a caveat that San Rafael receive top priority for $35,000 in next year's funding. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CLOSED SESSION 27. The Council adjourned to Closed Session to discuss litigation. LINDA S. DOWNEY, Deputy CityOClerk APPROVED THIS hd DAY OF 1984 MAYOR OF THE CITY OF SAN RA AEL Moul PHUAM Field Trip held on Saturday, June 2, 1984, at 9:00 AM. Special Meeting: Present: Lawrence E. Mulryan, Mayor Dorothy L. Breiner, Councilmember Gary R. Frugoli, Councilmember Richard Nave, Councilmember Jerry Russom, Councilmember Also Present: Howard Ours, Redevelopment Program Manager CITY COUNCIL FIELD TRIP: REVIEW OF FOURTH STREET AREA BETWEEN LOOTENS PLACE AND LINCOLN AVENUE - File 183 x 11-8 x (SRRA) R-140 VII x R-195 The City Council, along with some members of the Planning Commission and Redevelopment Citizens Advisory Committee, met at the Third and "A" Street Parking Structure at 9:00 AM, to take a field trip of the Fourth Street Area between Lootens Place and Lincoln Avenue, including the parking structure. No formal action was taken. JE N` M. LEONCINI, City Clerk APPROVED THIS 'b7� DAY OF 1984 MAYOR OF THE CITY OF SAN RAFAEL *** *** *** *** *** *** *** *** In Conference Room 201 of the San Rafael City Hall, Monday, June 4, 1984, at 7:00 PM. Special 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 INTERVIEWS OF APPLICANTS FOR VACANCY ON PARK AND RECREATION COMMISSION (CC) - File 9-2-4 City Clerk Leoncini informed Council that Robert Ramage had called and asked that his name be withdrawn. Council then interviewed the following applicants for the vacancy on the Park and Recreation Commission, caused by the resignation of Vernon Nicholson effective March 31, 1984: Steven F. Arago Jeffrey D. Portnoy Andrew P. Ragnes Cres Van Keulen After discussion, Councilmember Frugoli moved and Mayor Mulryan seconded, to appoint Steven F. Arago to fill the unexpired term, to the end of May 1986. Council requested staff to keep the names of the other applicants on file for future consideration should a vacancy occur, as it was felt that all of the applicants were well qualified. The Council adjourned to the Council meeting following at 8:00 PM. M. LE NCIN City Clerk APPROVED THIS *14DAY OF 1984 MAYOR OF THE CITY OF SAN R� FAEL *** *** *** *** *** *** *** *** 500 In the Council Chambers of the City of San Rafael, Monday, June 4, 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; Linda Downey, Deputy City Clerk; Peter J. Muzio, City Attorney CONSENT CALENDAR: Councilmember Breiner moved and Councilmember Frugoli seconded, to approve the recommended action on the following consent calendar items: Item 2. Resolution of Findings re Appeal of Handi- capped Access Requirements - 2130 Fourth Street (Fujiyama Restaurant) (PW) - File 13-1-1 3. Bid Opening and Award of Contract - Albert Park Grandstand Painting (PW) - File 4-1-362 4. Bid Opening and Award of Contract - Street Resurfacing 1984 (PW) - File 4-1-365 5. Request for Authorization to Apply for Funds from San Francisco Foundation for Literary Programming and Capital Improvements (Lib./ Cult.Aff.) - File 202 x 9-2-24 6. Resolution Holding Harmless Kaiser Foundation Hospitals for Their Actions in Conjunction with Basic and Advance Life Support Medical Services in the North San Rafael Area (CA) - File 9-3-31 Recommended Action RESOLUTION NO. 6826 - CITY COUNCIL (IN ITS CAPACITY AS BOARD OF APPEALS) GRANTING APPEAL FROM STATE ACCESS REQUIREMENTS - 2130 FOURTH STREET (FUJIYAMA RESTAURANT) RESOLUTION NO. 6827 - RESOLUTION OF AWARD OF CONTRACT (Albert Park Grand- stand Painting - to Bay Area Coatings, low bidder, in amount of $30,000 and authorized use of Revenue Sharing Funds) RESOLUTION NO. 6828 - RESOLUTION OF AWARD OF CONTRACT (Street Resurfacing 1984 - to W. R. Forde Assoc., low bidder, in amount of $664,720.46) RESOLUTION NO. 6829 - AUTHORIZING STAFF TO APPLY FOR FUNDS FROM THE SAN FRANCISCO FOUNDATION FOR LITERARY PROGRAMMING AND CAPITAL IMPROVEMENTS AT FALKIRK RESOLUTION NO. 6830 - AGREEING TO HOLD HARMLESS, DEFEND, AND INDEMNIFY KAISER FOUNDATION HOSPITALS FROM ANY CITY NEGLIGENCE OR WILLFUL MISCONDUCT IN CONJUNCTION WITH THE CITY'S PERFORMANCE OF ITS OBLIGATIONS PURSUANT TO THE CITY'S AGREEMENT WITH THE COUNTY OF MARIN TO PROVIDE EMERGENCY ADVANCED LIFE SUPPORT AND BASIC LIFE SUPPORT SERVICES TO THE CITY AND CERTAIN UNIN- CORPORATED PARTS OF THE COUNTY AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 1. RESOLUTION AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT AND RELEASE IN FAVOR OF CITY OF SAN MATEO RE: MOTORCYCLE TRAINING FOR ONE GRANT POLICE OFFICER AND ONE FUNDED OFFICER PD) - File 4=10-178 x 9-3-30 The Police Department is contracting with the City of San Mateo Police Department to train two Police Officers in the Skill of Enforcement Motorcycle Riding. San Mateo requires the San Rafael Police Chief to sign an Indemnity and Hold Harmless Agreement. Councilmember Frugoli suggested that when the City requires future training, reservations be made with the California Highway Patrol's training center in Sacramento, as it is well known for excellent training throughout the Country. RESOLUTION NO. 6831 - AUTHORIZING EXECUTION OF INDEMNITY AND HOLD HARMLESS AGREEMENT, AND RELEASE, IN FAVOR OF CITY OF SAN MATEO RE: MOTORCYCLE TRAINING FOR ONE GRANT PEACE OFFICER (PD) AND ONE CITY FUNDED OFFICER (PD) AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 501 7. EXPIRATION OF TERM OF PLANNING COMMISSIONER ROBERT E. HOFFMANN (CC) - File 9-1-2 x 9-2-6 The term of Planning Commissioner Robert E. Hoffmann will expire at the end of June 1984. He has expressed an interest to continue to serve on the Commission. Staff recommended that Council interview Mr. Hoffman at a Special Meeting of the Council on June 18, 1984. Councilmember Russom stated that in light of the upcoming review on the City's Boards and Commissions, he would like the opportunity to discuss Council's policy on incumbent Commission members before interviewing takes place. The other Councilmembers concurred with Councilmember Russom and agreed, without motion, to delay the interview for Commissioner Hoffmann. 8. CLAIM FOR DAMAGES - JOHN WARREN McFARLAND (PD) - File 3-1-881 Councilmember Russom asked that this item be held over to another meeting in order to have an opportunity to look at the police report. It was agreed, without motion, to continue this matter. 9. PUBLIC HEARING - ED84-24 - APPEAL OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF A 2,500 SO. FT. SINGLE FAMILY DWELLING WITH SWIMMING POOL NEAR RIDGE TOP; 97 BRET HARTE ROAD: LARS & KIOLD, OWNER; J.P. CUSTELLU, APPELLANI; BRENI UICKENS, REP.; AP la-'Lb"L-Ub (PI) - e Iu- Mayor Mulryan declared the public hearing open. Planning Director Anne Moore reported that on May 15, 1984, the Planning Commission condition- ally approved a design review application for construction of a single family dwelling on the south facing slope of the Bret Harte ridge at 97 Bret Harte Road. On May 17, that approval was appealed to the City Council by Mr. James Costello, an adjacent property owner, who claimed the approval posed substantial problems to the downslope area because of the potential for mud- slides due to underground water. Based on soils and drainage reports which were reviewed by Public Works staff and further reviewed by the Planning Commission, it was determined by the Commission that the subject property can be safely developed with the proposed dwelling. Mr. James Costello, the appellant, explained to the Council that he appealed the Planning Commission's decision because he feels the entire area is unstable due to surface and under surface water movement. He expressed concern for his property and that of other property owners in the area and feels additional studies should be made before any building is allowed. Mr. Malcolm McCord, an attorney for the property owner directly below the property in question, indicated that the soils report prepared by Donald Herzog & Associates for the proposed devel- opment included the same findings as the one which was done for his client's property, which incurred a major slide. Mr. Charles Travers, a neighboring property owner, stated that the property at 97 Bret Harte Road abuts a major slide area. He also stated that more information is needed before allowing any construction. Mayor Mulryan closed the public hearing. Councilmember Russom noted that the staff report stated that the Planning Commission had imposed an additional condition that a "Level C" soils investigation be prepared and submitted for review by the Geotechnical Review Board prior to issuance of a building permit. Lloyd Strom, Land Development Engineer, responded that that condition had originally been instituted by the Public Works Department and that the applicant had done this. The actual change the Planning Commission made was to make the Geotechnical Review mandatory. Councilmember Breiner indicated that in the report from Donald Herzog, it stated that it was judged that excavation and/or drilling can be accomplished with conventional equipment. She asked if conventional equipment could not be used, would that mean blasting would be necessary. Mr. Donn Ristau, a geologist from Donald Herzog & Associates, stated that in that case, the footing design of the piers could be changed and no blasting would be required. Councilmember Breiner stated she was uncomfortable with this particular site due to the pre- vious slides in the area. Councilmember Nave stated it was his feeling that all questionable aspects of this proposal had been covered, and based on the expertise of the agencies involved, as well as staff, that it would be a safe site for development. It was moved by Councilmember Nave and seconded by Councilmember Frugoli to uphold the Planning Commission's decision and deny the appeal. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: Breiner ABSENT: COUNCILMEMBERS: None 502 10. MARIN COUNTY EMPLOYEES RETIREMENT ASSOCIATION REQUEST FOR LAND USE CHANGE AT 1925-1945 FRANCISCO BOULEVARD (P1) - File 7-8-1 x 10-2 Bob Stinson, of The Bristol Group who are advisors to the Association, stated to the Council that the Association had indicated it would voluntarily join the Kerner Boulevard Assessment District if the City would reallocate the cost of Morphew Avenue and agree to convert the Association's current warehouse/office use of the property to office use. Mayor Mulryan indicated to Mr. Stinson that the appropriate way to consider the Association's proposal is to file a use permit application and get on the Planning Commission agenda since the Council has delegated land use authority to the Commission. He directed the Association to file the application and go through the planning process. 11. NOTICES FROM SAN RAFAEL SCHOOL DISTRICT RE HARTZELL SCHOOL (P1) - File 220 x 13-16 Planning Director Anne Moore reported to the Council that in February, the San Rafael School District sent the City notice, pursuant to state law requirements, that the District intends to sell Hartzell School. The City, along with other agencies, has the first right of refusal to purchase the school site at fair market value for recreation facilities or for affordable housing. In the course of review of the draft Recreation Element, the Council decided that Hartzell School recreation facilities are not necessary to meet neighborhood/community recreation needs. As far as the potential use of the school as a site for an affordable housing project was concerned, Hartzell School was eliminated from the list of housing opportunity areas when the Housing Element was adopted. When the School District decided to dispose of the site, and after several months of work with staff and neighborhood representatives to develop a multi -use master plan for the site, the matter was referred to the Planning Commission for recommendation to the Council. Staff recommended to the Commission that the School District be informed that the City is not inter- ested in purchasing the site, but instead, on May 29, 1984, the Planning Commission recommended that the Council seek funding in order to be able to purchase the Hartzell School site for such use. It is staff's opinion that it would take approximately 2-3 years to work with the neigh- borhood to develop an appropriate affordable housing project for the site, as well as securing the necessary funding sources to achieve construction of such a project. Ms. Anise Turina, President of the Ecumenical Association for Housing, spoke in favor of the Hartzell School site being used for an affordable housing project, and commended the Planning Commission for their action. It was moved by Councilmember Breiner and seconded by Councilmember Frugoli, to authorize Mayor Mulryan to communicate to the San Rafael School District that the City is not interested in purchasing the Hartzell School site for affordable housing. AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Mayor Mulryan left the meeting and Acting Mayor Breiner presided over the remainder of the meeting.) 12. RESOLUTION ADOPTING THE 1984 RECREATION ELEMENT OF THE GENERAL PLAN (P1) - File 115 Planning Director Anne Moore explained that this item is a follow-up to the public hearing and Council approval of the draft Recreation Element on May 21, 1984 and before the Council now is a resolution incorporating the modifications to the element consistent with Council's direction on May 21, 1984. Planning Director Moore asked for Council direction on the item the Marin Property Owners Association brought up at that meeting, that of liability to private property owners for trails. This has been researched by the City Attorney and he recommends that leaving the trails section as it stands now, results in a perfectly adequate Recreation Element. If desirable, the Council could add wording that would state "Where feasible, the City would accept easements or fee ownership of the trail connections." After discussion, it was moved by Councilmember Nave and seconded by Councilmember Frugoli, to add language to the Recreation Element that "Where feasible, the City would accept easements or fee ownership of the trail connections." AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan Councilmember Frugoli moved and Councilmember Russom seconded, to adopt the 1984 Recreation Element of the General Plan. 503 RESOLUTION NO. 6832 - ADOPTING THE 1984 RECREATION ELEMENT OF THE GENERAL PLAN WHICH REPLACES THE RECREATION PARK PLAN ELEMENT ADOPTED AUGUST 16, 1976 AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 13. RECOMMENDATION RE STREET TO BE NAMED "JENSEN" (PW) - File 11-2 City Manager Robert Beyer asked that this item be continued to the meeting of June 18 in order that other streets might be considered. It was agreed by the Council to hold this item over to the next meeting. 14. PRESENTATION OF 1984/85 FISCAL YEAR BUDGET (CM) - File 8-5 City Manager Robert Beyer stated that the purpose of this item on the agenda is to approve the budget hearing dates. The Council approved, without motion, setting the budget hearing dates for Monday, June 25 and Tuesday, June 26, 1984 at 7:30 PM; the meetings to be held in the Webb Room of the San Rafael Public Library. 15. REPORT RE SPECIAL ELECTION TO INCREASE THE CITY'S PROPOSITION 4 APPROPRIATION LIMIT (Fin) - File 8-9 x 9-4 Finance Director Ransom Coleman reported that in 1979 the voters approved Proposition 4 which placed a limit on how much a city could appropriate from the "proceeds of taxes." Each year the limit has been increased based on a change in population and the Consumer Price Index or personal income, whichever is lower. Since 1979, the City has not had any problems with the Proposition 4 limitation, but in 1984/85 there is a possibility that the City may exceed its limit. One of the reasons is that during the last two years the City has had a very low increase that was permitted by the State. This year it was 2.37% and next year it is estimated to be 4.29%. When these small increases in our Proposition 4 limit are matched against the large two year increase in sales tax, it doesn't take long to exceed the limit. The City could have a 10% increase in property taxes and a $710,000 increase in Motor Vehicle in Lieu Fees in 1984/85. This increase would occur if the State returns our full share of Motor Vehicle Fees. If the City exceeds its limit, there are two provisions for returning that money to the tax- payers: (1) Over a two-year period, reduce some local taxes. (2) Return the excess (based on formulas) to the State of California School Construction Fund. The only way to avoid this, would be to go to the voters to ask for an increase in the Propo- sition 4 limitation for a period of up to four years. The earliest date this could be placed on the ballot is November 1984. If Council decides to do this, action must be taken on ballot wording no later than July 16th. The next possible date would be in the Spring of 1985. Councilmember Russom asked how much of an increase in the State's appropriation would be sufficient. Finance Director Coleman said an increase of between $1 - 1.5 million, over a four-year period, would allow for about a 2-3% increase over the Proposition 4 limit. City Manager Robert Beyer suggested that if the Council decided to put this on the ballot that it look at the November election as opposed to Spring, since it would be a special election and cost the City approximately $30,000. Acting Mayor Breiner suggested it might be a good idea to elicit the assistance of a citizens group to give a wide backing to the measure. Councilmember Russom moved and Councilmember Frugoli seconded, to prepare an Ordinance to increase the Proposition 4 limit and to place the issue on the 1984 ballot. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan 16. REPORT RE SPECIAL ELECTION FOR ROAD IMPROVEMENTS (CM) - File 9-4 x 11-15-1 City Manager Robert Beyer stated that in a special meeting on the City's capital improvement needs, which was held in January, the Council indicated interest in receiving a report from staff on what the implications might be to have a tax election to meet more of the City's street improvement needs. Staff put together a package which would, in essence, double the expenditures for street maintenance for a four-year period, increasing them from $600,000/year to $1.2 million. It is felt that this would have a substantial impact on the City's street maintenance program, as there is a shortfall of approximately $600,000 - $700,000 per year. If a special election were held, and a special tax approved by the voters, it would be limited to a four-year period, the purpose being to maintain the City's streets. 504 Basically, the City would continue to contribute $600,000 per year based on our current level of funding, plus $3,720,000 which would be raised from this tax, over the four-year period. Since 90% of the streets to be resurfaced are in residential areas, if the residential proper- ties (including single family residential units, multi -family complexes and unimproved resi- dential parcels) were assessed 100%, the annual cost would be no more than $60 per year per dwelling unit. City Manager Beyer stated that another consideration is whether or not the commercial/office properties should be assessed for such a program. It is difficult to indicate the impact on a particular property owner because the precise number of square feet is not readily available. If the assumption is made that the residential units would pick up 67% of the assessment, then the commercial properties would pick up the additional 33%, or one-third of the cost. City Manager Beyer also stated that if commercial properties are to be included, another consider- ation might be to include some capital projects. City Manager Beyer said if the Council wished to proceed with an election, the next step would be to select a date. Staff recommended holding an election in November 1985, which would eliminate the extra cost for a special election (which would be the case in March or June 1985), and also allow time for generating necessary community support for the election, which would be difficult to do if it went on the ballot as early as November 1984. If the Council went ahead with a November 1985 election, staff could use the time to develop community sup- port, and possibly holding a preliminary survey to determine if the need is there. Councilmember Russom indicated he felt November 1984 would not be appropriate for the election, and supported the idea of a survey saying if there was not a strong nucleus of people who feel there is a great need for these improvements, then it might not be worth pursuing. Councilmember Frugoli stated he felt the tax election should be only for street improvements and not include capital projects. The Council asked staff to proceed with the survey concept and come back at a later date with a report on the details. It was the consensus of the Council to support staff's recommendation for a November 1985 tax election. No motion was made. 17. REPORT RE CLOSED SESSION POLICY (CA) - File 9-1-2 x 9-3-16 City Attorney Muzio suggested that since he is asking in his report for Council to consider whether or not it wants to adopt policies that would affect its procedures, that the matter be held over until a full Council is present. It was decided to continue this item. 18. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1 SB 1300 (Marks) Long -Term Local Government Finance AB 2468 Cortese Lonq-Term Government Finance It was moved by Councilmember Frugoli and seconded by Councilmember Nave, to accept the report. AYES: COUNCILMEMBERS: Frugoli, Nave, Russom & Acting Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan CLOSED SESSION 19. CLOSED SESSION TO DISCUSS LITIGATION - File 9-1 Council adjourned to closed session and then reconvened in public and authorized a negotiated settlement for Claim No. 3-1-882 in the name of Cecil Whittington (PW). 7ANNE M. LEONCI , City Clerk APPROVED THIS i DAY OF 1984 [ MAYOR OF THE CITY OF SAN RAFaEL *** *** *** *** *** *** *** ***