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HomeMy WebLinkAboutCC Minutes 1993-09-20SRCC MINUTES (Regular) 9/20/93 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 20, 1993, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 93-17(a) - #7 No. 93-17(b) - #2 No reportable action was taken. (Mayor Boro & Councilmember Shippey absent.) IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 20, 1993, AT 8:00 PM Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor San Rafael City Council Paul M. Cohen, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: Albert J. Boro, Mayor Others Present: Pamela J. Nicolai, City Manager David B. Walker, Assistant City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE None. CONSENT CALENDAR Councilmember Shippey moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meeting of August 16, 1993 and Special Meeting of August 19, 1993 (CC) 4. Resolution Approving Extension of Subdivision Agreement for Oakwood Subdivision Unit 5 (PW) - File 5-1-244 6. Resolution Extending Agreement with William Lellis for Inspection Services In Fire Department (FD) - File 4-3-223 x 9-3-31 7. Resolution Approving Extension of Lease Agreement with San Rafael School District re Child Care Center at Glenwood School (Rec) - File 4-7-21 x 9-3-65 8. Resolution Pertaining to the Compensation and Working Conditions for Child Care Program Personnel (Rec) - File 7-8-4 x 4-10-188 x 9-3-65 RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 9017 - EXTENDING TIME FOR THE COMPLETION OF SUBDIVISION IMPROVEMENT WORK - OAKWOOD UNIT 5 TO AND INCLUDING MARCH 11, 1994 RESOLUTION NO. 9018 - AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH WILLIAM LELLIS FOR INSPECTION SERVICES IN THE FIRE DEPARTMENT (FROM 9/20/93 THROUGH 9/20/94) RESOLUTION NO. 9019 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (W/San Rafael School District for Rental of Land at Glenwood Elementary School, (for three years, 7/1/93 thru 6/30/96) RESOLUTION NO. 9020 - PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR CHILD CARE PROGRAM PERSONNEL (16 MONTH AGREEMENT - 7/1/93 THROUGH AND INCLUDING 10/31/94) 10. SECOND READING AND FINAL ADOPTION - ORDINANCE Approved final adoption of NO. 1650 - AN ORDINANCE OF THE CITY OF SAN RAFAEL, Ordinance No. 1650. AMENDING MUNICIPAL CODE SECTIONS 8.12.080, 14.19.030E SRCC MINUTES (Regular) 9/20/93 Page 1 SRCC MINUTES (Regular) 9/20/93 Page 2 AND H. AND 14.19.020F TO PERMIT SIGNS ON PUBLIC BUS SHELTERS UNDER CONTRACT WITH THE CITY AND ON PUBLIC KIOSKS (Pl) - File 10-11 x 10-3 x 10-2 x 125 12. Re -Programming of Certain Land Use Competition Monies; St. Vincent's/Silveira Land Use Study (Pl) - File 9-2-45 x 10-2 Approved staff and Committee recommendation (approximately $5,500 to be re -programmed.) 13. Request from MCCMC to Participate in Countywide Approved staff recommendation. Analysis of CABLE Legislation (CM) - File 4-13-88 (Firm of Miller and Holbrooke to x 9-7-4 x 2-11 be hired; San Rafael's share amounts to $4,317.) 14. Request for Authorization to Submit Grant Approved staff recommendation. Application for ADA (Americans with Disabilities (Staff to seek $50,000 Grant Act) Funds (CM) - File 13-1-1 from the Marin Community Foundation.) 15. Appointment of San Rafael Representative to the Accepted staff recommendation Marin Commission on Homelessness (CM) - File 13-16 that Bob Blumenfeld be designated as San Rafael's Representative on the Commission. (No additional funds froms sponsoring groups will be necessary for at least an estimated two years.) 16. Closure of Upper Deck of 3rd & Lootens Parking Lot Approved staff recommendation. on Saturday, September 25, 1993, for Flea-Tique (RA) - File 2-1-18 AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro The following items were removed from the Consent Calendar for discussion: 3.AUTHORIZATION TO CALL FOR BIDS FOR EMERGENCY TREE SERVICES 1993/1994 (PW) - File 11-6 x 12-1 Councilmember Shippey stated it seems we may be imposing too much restriction on the geographic limits for emergency tree services. He stated he understands the need for limits, but if they can respond in an hour it should be acceptable, and by over - limiting it we are limiting the competitive nature of the bids and therefore raising the prices. Public Works Director Bernardi stated that they must have someone who can respond in a timely manner, noting he would not want to wait more than an hour, particularly if a tree is across a street, and staff felt that an hour's response time was appropriate. He added that 30 miles is arbitrary depending on the time of day, and it could take an hour, or only 20 minutes. Councilmember Shippey asked if the wording could be changed to just specify one hour. Mr. Bernardi stated they have an hour response time. Councilmember Cohen noted that the one hour response time would be arbitrary, and someone could argue that 60 miles away could be an hour's response. However, when there is a storm, which is when you are likely to have a number of these incidents, people are certainly not going to travel 60 miles in an hour. He noted that there are a fair number of companies located within a 30 -mile radius. He added that there is an argument to be made, since when we tell everyone to trade in San Rafael we should do business locally. He asked if Mr. Bernardi could define the one hour travel time. Mr. Bernardi stated that 30 miles would get us to Santa Rosa, and most of West Marin, so there will be quite a few people who will be able to respond. Councilmember Cohen stated that may also include parts of Vallejo. Councilmember Shippey stated he will withdraw his objections. Councilmember Thayer noted that last year there was a requirement for a huge crane, and no one could comply except for one company. She asked if that has been eliminated from the bids, since she had received many complaints on that issue. SRCC MINUTES (Regular) 9/20/93 Page 2 SRCC MINUTES (Regular) 9/20/93 Page 3 Mr. Bernardi replied that staff has looked at the Water District specifications for tree services, and also PG&E tree services, and both of them have calls for specific pieces of equipment which have to be available within four hours of them responding. So if the people respond within an hour and they find there is a huge tree, rather than requiring them to own a 14 -ton crane they have to be able to get one within four hours. Councilmember Thayer then inquired about the approximate figure of $100,000. She asked if it is conceivable that we could get these services for less. City Manager Nicolai responded that what they have done on this particular bid is separate a bit more clearly the percentage of expenditure in a normal workday, versus the random nighttime calls, and they feel this will be a more competitive bid. She noted staff had to reach some kind of estimate to give the Council an idea, and that is close to what last year's bid was. She feels we will get more competitive bids this year. Councilmember Shippey moved and Councilmember Cohen seconded, authorizing staff to call for bids for Emergency Tree Services 1993/1994, with a geographic limit of 30 miles in addition to a one hour response time to be imposed on the bidders (to be financed from the General Fund for approximately $100,000). AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro Vice -Mayor Breiner stated that, before the Council goes on with the agenda, she wanted to inform Mr. Steve Patterson that Agenda Item No. 16, involving the closure of the upper deck of the Third and Lootens Parking Lot next Saturday, has been approved. She noted he had not been present when it was voted upon. S.RESOLUTION ACCEPTING GRANT DEED FOR TERRACE AVENUE RIGHT-OF-WAY - OAKWOOD UNIT 5 SUBDIVISION (PW) - File 2-2 x 5-1-244 Councilmember Thayer stated her question on this item has to do with public streets versus private streets in some developments, and she would like to know what is the determining factor for a public street. Mr. Bernardi stated that during the planning process that determination is made. In this particular case it was determined that it was appropriate for this portion to be a public street because of the width and the number of homes which were served. Beyond the area shown on the map there will just be a fire road and it was not determined to be necessary for the City to have to maintain. Councilmember Thayer stated that the City will maintain the public portion, but if it had been a private street we would not have had the cost of maintaining it. Mr. Bernardi stated that is correct. He stated that the CC&R's would have been conditioned so that the property owners using the private street would have shared in the cost of maintenance. Councilmember Shippey stated he had a call from a constituent concerned about speeding of automobiles off of Terrace heading toward Greenfield Avenue. He noted there are a couple of places where stop signs could be installed, and asked staff to see if they could be warranted, to slow traffic prior to reaching the Miracle Mile. Mr. Bernardi stated staff will look at the issue. He explained there is always the question of whether a stop sign is warranted, and it may be more of an enforcement issue than a stop sign issue, but he will be glad to take a look at it. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution accepting the Grant Deed. RESOLUTION NO. 9021 - ACCEPTING GRANT DEED FOR TERRACE AVENUE RIGHT-OF-WAY - OAKWOOD UNIT 5 SUBDIVISION (from Paul Felton) AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 9.SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1649 - AN ORDINANCE AMENDING TITLE 9 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD CHAPTER 9.19 TO PROVIDE FOR REGULATION OF REFUSE AND RECYCLED MATERIALS COLLECTION AND DISPOSAL AND TO REPEAL CHAPTERS 9.16 AND 9.18 (Fin) - File 4-3-32 Councilmember Cohen reported he had a call this evening about wording in the Ordinance and he would like to clarify the intent. He stated he has discussed the issue with Mr. Bernardi and with Finance Director Coleman, but he would like to discuss it so we are all clear about the intent. The question was with regard to Article I, Section 3, under Definitions. He explained that the definition of Solid Waste, beginning at the SRCC MINUTES (Regular) 9/20/93 Page 3 SRCC MINUTES (Regular) 9/20/93 Page 4 bottom of page 4, includes specifically demolition and construction waste. It also makes reference to Yard Waste. Then, under Article II, Section 1, it says that "...it is the intent of the City of San Rafael that every person residing or conducting business in this City shall dispose of solid waste except as otherwise provided in this ordinance, through the Authorized Refuse and Recycling Agent of said City. Nothing in this ordinance shall prevent an owner and/or occupant of a residential or commercial premises from making occasional disposals at an authorized disposal site in addition to regular weekly service, or from utilizing a temporary debris box service, consistent with Article III, Section 5". Mr. Cohen explained that the point which is not clear is whether or not under this ordinance the owner of a residence could engage a contractor who, as part of the conduct of his business, would then haul the construction debris to an authorized disposal site using a truck owned by the contractor. Similarly, it is not clear whether an owner who chose to do some work on his own on his residence or commercial property within the City of San Rafael could engage someone who had a truck to haul construction debris to an authorized disposal site. He noted it does not expressly preclude that, but it does not say it is allowable. He added there are times when it is not desirable to have a debris box for construction debris, and it is more convenient to hire someone with a truck to haul it off to a disposal site. Vice -Mayor Breiner inquired if Councilmember Cohen is looking for an additional word, to clarify the issue. He responded that he would like to ask the City Attorney if it would be necessary to amend the Ordinance in its second reading, or if the intent could be clarified on the record perhaps that would be sufficient. He stated he would not want to have to go through the readings again if the intent could be clarified. Councilmember Shippey recommended they could say "an owner or an owner's agent". Assistant City Attorney Walker stated he thinks it is implied that the owner's agent, the contractor or someone he hired with a safe truck could take the demolition materials to the authorized disposal location. He stated he does not think it is necessary, but it could be amended to expressly state that. However, he thinks it is implied from the language in the Ordinance. Councilmember Cohen stated that with the clarification that it is not the intent of this Ordinance to preclude an individual from engaging a contractor to haul construction debris to an authorized disposal location, he would move approval of the final adoption of the Ordinance. The title of the Ordinance was read: "An Ordinance Amending Title 9 of the San Rafael Municipal Code to add Chapter 9.19 to Provide for Regulation of Refuse and Recycled Materials Collection and Disposal and to Repeal Chapter 9.16 and 9.18." Councilmember Cohen moved and Councilmember Shippey seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1649 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Shippey Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 11.SECOND READING AND FINAL ADOPTION - ORDINANCE NO. 1651 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE LI/O (LIGHT INDUSTRIAL/OFFICE) AND PD (PLANNED DEVELOPMENT) DISTRICTS TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: Z90-5, SHORELINE CENTER, 1615 EAST FRANCISCO BOULEVARD, AP 09-320-02 TO -13, -15 TO -18, -20 TO -26, -32 TO -38) (Pl) - File 10-3 x 5-5 x 10-2 x 10-5 x 10-7 Vice -Mayor Breiner stated she had questions regarding Exhibit A to the Ordinance, Section VI, C 5, regarding Flag Poles. She stated she was concerned that they were listed under Exceptions to the Building Height Limit, which is 3 stories or 36 feet. She wondered about the necessity for an exception, since that would be quite high for a flag pole. Planning Director Pendoley responded that is the same language which is in the Zoning Ordinance, and was in the original Zoning Ordinance. The Ordinance states that if a flag pole is over 30 feet it would be subject to design review. Vice -Mayor Breiner then referred to page 9 of Exhibit A, VIII C, regarding a minimum 6 SRCC MINUTES (Regular) 9/20/93 Page 4 SRCC MINUTES (Regular) 9/20/93 Page 5 foot wide landscape area being provided along the front facade of buildings except where pedestrian, vehicular or service access is required. She inquired if that allows for a sidewalk, and Mr. Pendoley replied that is does. He explained that this allows the sidewalk to be placed against the building, and it has been before the Design Review Board and the Planning Commission, and they felt it was appropriate. Vice -Mayor Breiner inquired if that would cut into the 6 foot landscaping, and Mr. Pendoley stated it would. Mrs. Breiner asked if there was some way to still build in the 6 feet of landscaping, even with the sidewalk next to the building. She noted this is such a large building, it will need the landscaping. Mr. Pendoley stated they can retain the 6 foot strip. Vice -Mayor Breiner noted that on page 12 of seems to have some words missing. Mr. the EIR. The sentence should read, "Us and Alameda County programs for similar The title of the Ordinance was read: Exhibit A, paragraph 9, the last sentence Pendoley agreed, stating this was taken from e the results obtained from the Santa Clara watershed and land use mixes..." "An Ordinance of the City of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.01.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from LI/O (Light Industrial/Office) and PD (Planned Development) Districts to the PD (Planned Development) District (Re: Z90-5, Shoreline Center, 1615 East Francisco Boulevard, AP 09-320-02 to -13, -15 to -18, -20 to -26, -32 to -38)" Councilmember Cohen moved and Councilmember Thayer seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1651 by the following vote, to -wit: AYES: COUNCILMEMBERS: Cohen, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: Shippey ABSENT: COUNCILMEMBERS: Mayor Boro City Clerk Leoncini verified that the change in the wording in Exhibit A, page 12, paragraph 9, is a typographical error. SPECIAL PRESENTATION 17.PRESENTATION OF CANAL AREA INSPECTION PROGRAM CERTIFICATE OF COMPLIANCE TO MARIN HOUSING AUTHORITY, PROPERTY OWNER OF 95 MEDWAY ROAD (Pl) - File 13-1 x 10-2 x 9-3-17 Vice -Mayor Breiner stated that Dorian Coffee, the resident manager of 95 Medway Road, is present to receive the Certificate of Compliance. She stated she is happy to present the certificate, and noted that Marin Housing Authority has received four certificates of compliance as a result of the program, and she is very pleased that Mr. Coffee is receiving the award. Claire Machado, Code Enforcement Officer, stated she wanted to thank Mr. Coffee personally who, as resident manager of the complex, has done most of the work, and she appreciates his cooperation over this period of time. Vice -Mayor Breiner asked Ms. Machado about progress on the program, and she replied they are doing well. She stated they are very close to compliance on a number of other buildings, and have been working closely with Assistant City Attorney Walker on the codes they are enforcing, along with the Fire Department. She stated they have done over 500 of the initial inspections, and about 200 of the re -inspections, which are continuing. 18.PUBLIC HEARING - RESOLUTION OF NECESSITY FOR ACQUISITION OF REAL PROPERTY IN CONNECTION WITH SUBDIVISION IMPROVEMENTS FOR LOCH LOMOND UNIT #10 (CA) - File 5-1-297 Councilmember Shippey inquired if this is a Public Hearing, and Assistant City Attorney Walker replied that it is, if anyone wishes to be heard. Vice -Mayor Breiner opened the Public Hearing. Public Works Director Bernardi reported that he had spoken with one of the property owners today, Mr. Lucey, and he asked if Mr. Bernardi would convey to the Council his feelings about the process. Mr. Lucey expressed some concern about some meetings he has had with the developers, and Mr. Bernardi stated he thinks it is a matter of how they were approached, rather than the process. Mr. Bernardi added he had spent some time explaining the process to them, and why the City had to take the action that it did, and he feels that once they understood why the City was doing this he felt SRCC MINUTES (Regular) 9/20/93 Page 5 SRCC MINUTES (Regular) 9/20/93 Page 6 better about it, but Mr. Lucey wanted to express his concern to the Council and he feels that if he had been approached differently we may not be at this point. Mr. Bernardi stated he feels that this will be resolved by the court with all four property owners. There being no public input, the Public Hearing was closed. Councilmember Thayer stated she feels the Council has no choice in this matter, in that off-site drainage improvements in these easements are necessary. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution of Necessity. In seconding the motion, Councilmember Shippey stated this is a classic case of eminent domain, necessary by the City to implement the mitigations which took so long to achieve. RESOLUTION NO. 9022 - RESOLUTION OF NECESSITY FOR ACQUISITION OF REAL PROPERTY IN CONNECTION WITH SUBDIVISION IMPROVEMENTS FOR LOCH LOMOND UNIT #10 (AP #16-121-10; 16-122-07; 16-122-08 and 16-122-09) AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 19.PUBLIC HEARING - REQUEST FOR REVIEW OF ANNUAL COMPLIANCE CERTIFICATE CONCERNING DEVELOPMENT AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES DEVELOPMENT AGREEMENT) (CA) - File 5-1-290 x 9-3-16 Vice -Mayor Breiner opened the Public Hearing. There being no public input, the Public Hearing was closed. Councilmember Cohen moved and Councilmember Thayer seconded, to adopt the Resolution as recommended by staff. RESOLUTION NO. 9023 - AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES DEVELOPMENT AGREEMENT) AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 20.PUBLIC HEARING - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14 (ZONING ORDINANCE) TO CORRECT ERRORS IN SECTION 14.04.020 (LAND USE REGULATIONS, R, DR, MR, HR, PD) CHART PAGE 4-4 OF THE SAN RAFAEL ZONING ORDINANCE (Pl) - File 10-3 x 10-2 Vice -Mayor Breiner declared the Public Hearing opened. Councilmember Shippey noted that there is a General Plan Amendment which is going to the Planning Commission and then ultimately to the City Council, and inquired if this is directly involved with that, or is it peripheral. Mr. Pendoley replied it is peripheral, noting it was in the course of that review that Mr. Jeff Kirchmann pointed out that there was a typographic error and staff felt it should be corrected, since it affects properties all over the City. There being no public input, the Public Hearing was closed. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 14 (ZONING ORDINANCE) TO CORRECT ERRORS IN SECTION 14.04.020 (LAND USE REGULATIONS, R, DR, MR, HR, PD) CHART (PAGE 4- 4) OF THE SAN RAFAEL ZONING ORDINANCE". Councilmember Shippey moved and Councilmember Cohen seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1652 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 21.PUBLIC HEARING - RESOLUTION ORDERING CLOSING, ABANDONING AND VACATING PORTION OF EXISTING STORM DRAINAGE EASEMENT - OAKWOOD UNIT 5 SUBDIVISION (PW) - File 2-4-16 x 5-1-244 SRCC MINUTES (Regular) 9/20/93 Page 6 SRCC MINUTES (Regular) 9/20/93 Page 7 Vice -Mayor Breiner declared the Public Hearing opened. Public Works Director Bernardi explained that actually the numbers were transposed, and this hearing was originally designated as Item 22. He explained that the original storm drainage easement which was dedicated under the Final Map was not necessary because in the course of construction of the subdivision improvements the developer extended the storm drainage system in the street right-of-way an additional 200 feet to pick up this drainage. It works better for the City because, although our drainage is contained within the City streets and does not go out over private property, this way it is much cleaner and he recommends adoption of the Resolution. There being no public input, the Public Hearing was closed. Councilmember Cohen moved and Councilmember Shippey seconded, to adopt the Resolution as recommended by staff. RESOLUTION NO. 9024 - ORDERING CLOSING, ABANDONING AND VACATING PORTION OF EXISTING STORM DRAIN EASEMENT - OAKWOOD UNIT 5 SUBDIVISION, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 22.PUBLIC HEARING - RESOLUTION ORDERING VACATION OF EXCESS PORTIONS OF TERRACE AVENUE EXTENSION RIGHT-OF-WAY - OAKWOOD UNIT 5 SUBDIVISION (PW) - File 2-2 x 5-1-244 Vice -Mayor Breiner declared the Public Hearing opened. Mr. Bernardi explained that during the course of construction of the subdivision it was determined that a number of trees and natural landscaping vegetation would be removed if the original plans were complied with. As a result of certain adjustments, we are actually trading some right-of-way for some private property. The City is giving the developer back what we originally intended to use for a roadway, and he is dedicating to us what was originally intended for use as private property. He explained the location by means of a sketch, and there will be a turnaround at the end of the cul- de-sac and from a geologic point of view this is much better for the City, because we do not own the hillside which has the slide on it. Councilmember Shippey inquired if this is the same situation as the church on Woodland Avenue, and Mr. Bernardi explained that was within the City's right-of-way. It was a little past the church, where the City constructed the retaining wall. There being no public input, the Public Hearing was closed. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution as recommended by staff. RESOLUTION NO. 9025 - ORDERING VACATION OF EXCESS PORTIONS OF TERRACE AVENUE EXTENSION RIGHT-OF-WAY - OAKWOOD UNIT 5 SUBDIVISION AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 23.DESIGNATION OF VOTING DELEGATE FOR LEAGUE OF CALIFORNIA CITIES' ANNUAL CONFERENCE TO BE HELD SATURDAY, OCTOBER 16 THROUGH TUESDAY, OCTOBER 19, 1993 IN SAN FRANCISCO (CC) File 9-11-1 City Manager Nicolai pointed out that a voting delegate is necessary if the City wants to have a vote. After discussion, it was agreed that Mayor Boro will be the delegate, and Councilmember Shippey volunteered to be the alternate. Councilmember Cohen moved and Councilmember Thayer seconded, to select Mayor Boro as the City's voting delegate and Councilmember Shippey as alternate, for the League of California Cities Annual Conference to be held Saturday, October 16 through Tuesday, October 19, 1993 in San Francisco. AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None SRCC MINUTES (Regular) 9/20/93 Page 7 SRCC MINUTES (Regular) 9/20/93 Page 8 ABSENT: COUNCILMEMBERS: Mayor Boro 24. CITY COUNCIL REPORTS: Councilmember Cohen stated he has an urgency item, which was brought up too late to be put on the agenda. He stated it involves a committee appointment and he would like the record to be clear. He asked for approval by the Council to add the item to the agenda as an urgency item. Councilmember Shippey moved and Councilmember Thayer seconded, to add the item to the agenda as an Urgency Item. AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro ADD ITEM: RE: APPOINTMENT TO ST. VINCENT DE PAUL ADVISORY COMMITTEE - File 9-2 Councilmember Cohen explained that the St. Vincent de Paul Advisory Committee includes neighborhood representatives. Frank Sangimino, who has been the Bret Harte Neighborhood representative, has moved out of the neighborhood and the neighborhood has requested that Deborah Paolino be appointed to replace him on the Advisory Board. He stated that in the interest of working with the Neighborhood Association he feels we should respect their wishes. Councilmember Cohen moved and Councilmember Shippey seconded, that Deborah Paolino be appointed to the St. Vincent de Paul Advisory Committee, to replace Frank Sangimino. AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro Councilmember Cohen reported that Ann Weston, the Co -Chair of the Bret Harte Neighborhood Association, expressed an interest and said she will make every effort to attend the Advisory Committee Meetings when her schedule allows it. There being no further business, the meeting was adjourned at 8:35 P.M. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1993 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 9/20/93 Page 8