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HomeMy WebLinkAboutCC Minutes 1991-01-22SRCC MINUTES (Regular) 1/7/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JANUARY 7, 1991 at 6:30 P.M. CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a 1. No. 91-1(a) - #2 No. 91-1(b) - #2 No. 91-1(c) - #1 - Joe E. Campbell vs. CSR No. 91-1(d) - #1 - Robert Copple, Robert Biggs, David Rosenberg, and 157 Woodland Partners vs. CSR, et al No. 91-1(e) - #4 No. 91-1(f) - #1 - Sidney Hendricks, Dennis Horne, Spinnaker Point Development, Incorporated vs. CSR, et al No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JANUARY 7, 1991 at 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Present: Lawrence E. Mulryan, Mayor Albert J. Boro, Councilmember Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Councilmember Thayer moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Special Workshop Meeting of November 7, 1990, and Regular Meeting of November 19, 1990 (CC) 4. Resolution Authorizing Execution. of Parcel Map Accepting Conveyance of Land for Roadway Purposes - Tamalpais Avenue Extension (PW) - File 2-1-76 x 4-1- 436 x (SRRA) R-81 x R-274 x R-302 6. Resolution with Findings Denying Appeal of Planning Commission's Conditional Approval of Tentative Map for a 7 -Lot Subdivision; Meyer Road, East of "D" Street; Armand Locke, Owner; Perry Litchfield, Rep.; Don Daglow, Appellant; AP# 12-291-16 & 17 (Pl) - File 5-1-318 8. Agreement Between State Coastal Conservancy and City of San Rafael to Amend Existing Agreement No. 90-016 to Extend Deadline for Canalways Purchase Enhancement Plan (Rec) - File 13-14-1 x 5-1-288 x (SRRA) R-140 No. 7 11. Resolutions of Appreciation to San Rafael High School Varsity Football Team, North Coast Section Champions (CM) - File 102 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 8315 - AUTHORIZING THE CITY CLERK TO EXECUTE PARCEL MAP FOR ACCEPT- ANCE OF LAND FOR ROADWAY PURPOSES - TAMALPAIS AVENUE EXTENSION. Removed from agenda; deferred to January 22, 1991, meeting. RESOLUTION NO. 8316 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH STATE COASTAL CONSERVANCY TO AMEND EXISTING AGREEMENT FOR CANALWAYS PURCHASE AND ENHANCEMENT PLAN (Extended to March 1, 1991). RESOLUTIONS OF APPRECIATION: NO. 8317 - SAN RAFAEL VARSITY FOOTBALL CHAMPIONS NO. 8318 - COACH DAVE WYLIE NO. 8319 - CAPTAIN JEFF CHE NO. 8320 - CAPTAIN BOB MARCUCCI NO. 8321 - CAPTAIN LAIRD TRUEX Thayer & Mayor Mulryan SRCC MINUTES (Regular) 1/7/91 Page 1 SRCC MINUTES Regular) 1/7/91 Page 2 The following items were removed from Consent Calendar for further discussion: 2. (Part) APPROVAL OF REGULAR MINUTES OF DECEMBER 17, 1990 (CC) - File 1-4 Councilmember Breiner requested that Page 5, Item 12 of the Minutes be amended to clarify that a letter, signed by Mayor Mulryan on behalf of the City Council, be sent to the Marin Housing Center, the Homeless Committee, and the churches involved, with copies to the homeowners associations in the area, pointing out that the homeless shelters are to be rotated and are not to be placed in any one church in a residential neighborhood for more than one year. Councilmember Thayer asked that the letter also include that the homeless are to be returned the next day to the spot where they were picked up originally, and not just returned with the others to Fourth and Hetherton. Councilmember Breiner moved and Councilmember Shippey seconded, to approve the Minutes of December 17, 1990, with the above amendments. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey & Thayer NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS None ABSTAINED: COUNCILMEMBERS: Mayor Mulryan, due to absence from meeting. 3. RESOLUTION OF INTENTION TO VACATE PEDESTRIAN WAY - BRET HARTE TERRACE UNIT 2 (PW) - File 2-12 x 5-1-29 Councilmember Breiner expressed concern about the inaccessibility of this area to the lower adjacent properties, and what had created it. She inquired if the pedestrian way and been dedicated and accepted before or after the lower adjacent properties had been developed. Public Works Director Bernardi responded that the subdivision maps were all recorded about the same time, in the early 1950's, and he stated he will research to find exactly when the lower subdivision was put on record. He stated that the lower easement was offered to the City, but not accepted, so the City has no interest in the lower easement. He stated that the upper easement was dedicated to the City and accepted on the Final Map. He added that there are no formal improvements such as stairs or a pathway existing in the pedestrian easement at this time. He stated that what staff is asking the Council to do at this point is merely to set the date for the Public Hearing on February 4, 1991, and between now and then the neighborhood and all utility companies will be notified to see if there is any interest in the City retaining interest in the right-of-way itself. He stated that the matter of the underlying fee and ownership of the property is unclear at this time, but if it is found that the City is the owner, the disposal procedures would be put into effect and it is possible that Mr. Joseph Michalski, of 61 Blossoom Drive, may wish to purchase it in that event. Councilmember Breiner stated her concern if this would open up the possibility of further subdivision if adjacent property owners acquired part of the land. Mr. Bernardi responded that is an issue which would come up at the Public Hearing, and Mrs. Breiner asked that all available information in this regard be furnished to the Council. Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution and set the Public Hearing for February 4, 1991. RESOLUTION NO. 8322 - AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RESOLUTION OF INTENTION TO ORDER VACATION OF PEDESTRIAN WAY, BRET HARTE TERRACE UNIT TWO, SAN RAFAEL, CALIFORNIA Boro, Breiner, Shippey, Thayer & Mayor Mulryan None None 5. RESOLUTION ACCEPTING PROPOSAL FOR STRUCTURAL CHECKING SERVICES - UNREINFORCED MASONRY BUILDING PROGRAM (PW) - File 4-3-235 x 13-11 x 9-3-40 x 1-6-1 Councilmember Thayer expressed concern about the enforcement of this program, since only 9 submittals were received by the due date. Public Works Director Bernardi responded that actually they have now received ten, but the contractor being called upon by many property owners has a heavy workload. He said there has been no response at all from ten or twelve. He stated they are presently in the process of sending out "Final Notice" citing violation of the Ordinance and giving a final date of January 31st, after which abatement proceedings will begin. He noted that all property owners had been given time tables in June, and have been sent another letter between then and now. SRCC MINUTES (Regular) 1/7/91 Page 2 SRCC MINUTES kRegular) 1/7/91 Page 3 Councilmember Boro shared the concern of Ms. Thayer and stated that the record should show that the Council is also concerned with the safety of the people who work or live in the buildings, or otherwise use them. Councilmember Boro moved and Councilmember Thayer seconded, to accept the proposal and adopt the Resolution authorizing Willdan Associates to perform structural checking. RESOLUTION NO. 8323 - AUTHORIZING THE SIGNING OF AN AGREEMENT (W/Willdan Associates for structural engineering checking services) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. RENEWAL OF GOLDENAIRES LEASE OF ROOM 1 AT SAN RAFAEL COMMUNITY CENTER (Rec) - File 4-10-149 Councilmember Boro inquired if the $250 per month being paid by the Goldenaires is from the Foundation. Recreation Director McNamee responded that the $250 rent has always been paid by the Goldenaires, but the money they are paying in addition to that to take care of the grant, somewhere between $8,000 and $12,000, was being paid by the Foundation. She added they had a five-year grant which expired, which had been in the $15,000 range, and now is down to about $8,000. The Goldenaires will be paying to the City the difference for the operations of the club to the City, in addition to the $250 monthly rent. She stated they are continuing to look for additional grants in the meantime. Councilmember Boro moved and Mayor Mulryan seconded, to adopt the Resolution approving a 3 -year Agreement with the San Rafael Goldenaires. RESOLUTION NO. 8324 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/San Rafael Goldenaires, for three years, from 1/1/91 through 12/31/93) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9. AUTHORIZATION TO CONTRACT WITH NATURAL GARDENING COMPANY FOR THE USE OF FALKIRK CULTURAL CENTER'S GREENHOUSE (Cult Aff) - File 4-10-251 x 9-3-84 Mayor Mulryan reported that another proposal was received recently from Mr. Kent Diehl of the Marin Cultural Center and Museum. He asked for a report from staff. Cultural Affairs Director Adney reported that staff has been working for several months with the Natural Gardening Company, and have a contract for approval. She noted that the greenhouse has been unoccupied since it was restored. She explained that this proposal is to secure the property, operate it as a greenhouse and teach classes, as well as paying rent to the City once all the capital improvements which make it operable have been completed. She stated staff feels this is a very good resolution for the City regarding the use of the greenhouse. Mayor Mulryan inquired if Ms. Adney has spoken with the Marin Cultural Center and Museum about their proposal, and Ms. Adney responded that staff had met with them about four months ago and discussed the issue, but their proposal came in after she had written this document for the City Council. She stated that comparing the two proposals, it is much more beneficial for the City to have the Natural Gardening Company in the greenhouse, noting that they will pay for all of the utilities from the start, which the Marin Cultural Center would not agree to do. Also, the Natural Gardening Company is willing to put in all of the ventilation, heating, watering systems, security, and any other needed improvements. They will commence paying rent once the facility is workable. She noted this is a five-year renewable lease, and will be income for the City once the first costs are covered by the rent. Mayor Mulryan inquired what would be done with the plants raised in the greenhouse and Ms. Adney responded they would be sold commercially, but added that the Natural Gardening Company will be landscaping the area around the greenhouse and will also make plants available for the front of the house. She noted that a staff member of the Natural Gardening Company, Jim Normandi, has been working at Falkirk for a year as a volunteer, with a view toward getting the greenhouse project under way. Councilmember Boro clarified that by applying the rent toward the capital improvements, the actual rent will not start until the second year. He then asked for assurance that any changes or modifications would be under Ms. Adney's supervision and direction. She replied that they will work very closely, and if there are any historic implications, SRCC MINUTES (Regular) 1/7/91 Page 3 SRCC MINUTES (Regular) 1/7/91 Page 4 the issues will go before the Cultural Affairs Commission. She added that the Company has been working with the Parks Department crew. Councilmember Boro then noted that in the Agreement there is an option to renew, only on the part of the Gardening Company. He inquired about a cancellation clause. City Manager Nicolai stated that has been discussed with the Gardening Company, and if the Council so desires, she will work with the City Attorney to include one in the Agreement. Mr. Kent Diehl spoke for the Marin Cultural Center, stating it is a nonprofit agency which has been in the County for ten years and does 15 events every month. He explained the delay in his proposal, stating they were waiting to hear from the County about the Xeriscape gardens at the Civic Center. He stated that rent is not out of the question, and they would be prepared to put the greenhouse back into the finest shape with full respect for the antiquity of Falkirk. He stated he would like the opportunity to discuss his proposal further. Mayor Mulryan asked Ms. Adney if she would care to study this proposal further, and she responded that one of the important factors is security, and the Gardening Company will have someone there twice a day for a few hours. She stated that their proposal has been worked on for a long time. Councilmember Breiner moved and Councilmember Boro seconded, to adopt the Resolution authorizing the City Manager to execute an agreement with the Natural Gardening Company for use of the Falkirk Greenhouse, including the amendment regarding the cancellation clause. RESOLUTION NO. 8325 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/Natural Gardening Company for use of Falkirk Cultural Center Greenhouse for one year from 1/10/91, with option to renew for one year at end of lease period, and with cancellation clause) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. REQUEST FOR PROPOSALS FOR A TWO-YEAR CONTRACT TO PROVIDE TOWING SERVICES TO THE POLICE DEPARTMENT (PD) - File 9-3-30 Councilmember Thayer inquired how this proposed contract fits in with the contract for towing abandoned vehicles. Police Chief Ingwersen responded that the contract for abandoned vehicles has elapsed, so there is no overlap. He stated that under this contract, the towing company will tow abandoned vehicles free of charge, with no limit on the number of vehicles. Councilmember Shippey moved and Councilmember Thayer seconded, to approve the Request for Proposals for a 2 -Year Contract to Provide Towing Services to the Police Department (Towing services will cover all arrest, abandoned vehicle, illegal parking and traffic accident towing. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. PRESENTATION OF RESOLUTION OF APPRECIATION TO THE McNEAR FAMILY FOR DONATION OF PLAYGROUND TO SAN PEDRO SCHOOL (CM) - File 102 x 9-3-65 Mayor Mulryan presented the Resolution of Appreciation to Scott McNear, representing the McNear Family. Mr. McNear expressed his appreciation and gave a brief accounting of his family's history in Marin County. He also offered his company's expertise in the matter of retrofitting of the unreinforced masonry buildings in the City. Mr. McNear expressed his concern for the plight of the homeless in the area, and expressed a wish that they could accommodate some of them in Glenwood. 13. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO THE SAN RAFAEL HIGH SCHOOL VARSITY TEAM, NORTH COAST SECTION CHAMPIONS (CM) - File 102 Mayor Mulryan presented the Resolutions to the team, Coach Wylie, and Captains Che, Marcucci and Truex, and furnished San Rafael pins to the team members. SRCC MINUTES (Regular) 1/7/91 Page 4 SRCC MINUTES ,Regular) 1/7/91 Page 5 14. PUBLIC HEARING - TO CONSIDER ADOPTION BY REFERENCE OF THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE (CA) - File 4-13-54 x 13-3 Mayor Mulryan declared the Public Hearing opened. City Attorney Ragghianti explained that these are amendments which the County is asking the cities to consider. He stated they are not substantive. Councilmember Shippey inquired if they will present a financial burden for the City, and City Manager Nicolai stated there will be no such effect on the City. She stated we adopt the amendments themselves so that the Humane Society will continue to enforce them. She explained it as a legal procedure. There being no public input, the Public Hearing was closed. The title of the Ordinance was read: "ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE (Re County Ordinance Number 3041)" Councilmember Breiner moved and Councilmember Shippey seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1600 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. SELECTION OF NOMINEES FOR THE MARIN COUNTY APPOINTMENT TO THE METROPOLITAN TRANSPORTATION COMMISSION (MTC) (CM) - File 129 x 9-1 Mayor Mulryan stated he will carry the Council's vote forward at a meeting on Thursday, and called attention to the fact that more than one nominee may be recommended. He noted that there is a letter from Karen Kunze expressing her interest in the appointment. After discussion, Councilmember Boro moved and Councilmember Shippey seconded, to nominate Karen Kunze and/or Supervisor Bob Roumiguiere. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEMS: 1. CONSIDERATION OF KURUME CITY, JAPAN, AS SISTER CITY - File 128 Councilmember Boro discussed the possibility of a sister city relationship with Kurume City, Japan. The Council agreed that it should be discussed with Mitsuo Oishi, President of Cal Cedar Homes, Inc., when he returns in the Spring, and with Dominican College in connection with the Pacific Rim Program. 2. DISCUSSION RE UNINSURED DEPOSITS CITY HAS WITH BANKING INSTITUTIONS - File 8-14 x 9-3-20 Councilmember Boro asked that Finance Director Coleman expand his report on investments at the Council meeting of January 22nd, to include rationale for uninsured investments at various banking institutions. 3. FUNDING FOR HOMELESS COORDINATOR - File 13-16 Councilmember Boro indicated that all cities with the exception of Corte Madera have approved funding for the Homeless Coordinator position. 4. TOUR OF BERMUDA PALMS MOTEL - File 2-13 Mayor Mulryan reported that he and Councilmember Boro had toured the Bermuda Palms Motel, since the property is now up for sale. SRCC MINUTES (Regular) 1/7/91 Page 5 SRCC MINUTES (Regular) 1/7/91 Page 6 There being no further business, the meeting was adjourned at 9:00 P.M. JEAN LEONCINI, ty Clerk APPROVED THIS DAY OF , 19 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/7/91 Page 6