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
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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
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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