HomeMy WebLinkAboutCC Minutes 1991-03-18SRCC MINUTES (Regular) 3/18/91 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 18, 1991, AT 7:00 P.M.
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. Discussion of Litigation.
No. 91-4(a) & (b) - #2.
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 18, 1991 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Present: Lawrence E. Mulryan, Mayor
Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Boro moved and Councilmember Shippey seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Regular Meeting
of March 4, 1991 (CC)
3. Swearing in of Bruce Raful, Newly
Appointed Member of the San Rafael
Board of Education (CC) - File 9-2-1
4. Status Report and Authorization to
Call for Bids for Falkirk and Boyd
House Repairs and Alterations (PW)
File 4-1-443
5. Authorization to Call for Bids for
Relighting Parking Structures at Fifth
and "C" Streets and Third Street and
Lootens Place (PW) - File 4-1-444
6. Extension of Contract with Muncipal
Resource Consultants for Sales Tax Audit
and Reports and Designation of MRC as
Authorized Representative to Examine
Sales and Use Tax Records (Fin) -
File 4-3-212 x 8-1 x 8-10
7. Renewal of Deferred Compensation
Agreement with Great Western Bank for
Three Years (Fin) - File 7-4-5
RECOMMENDED ACTION
Approved as submitted.
Accepted report. Bruce Raful
appointed by the San Rafael Board
of Education to fill unexpired
term of Marlene Jones Schoonover
who resigned effective 3/11/91;
term of office to run until next
election, or until Tuesday, 11/12/91.
Accepted report and authorized
call for bids.
a. Authorized staff to call for
bids for relighting;
b. Authorized staff to accept
proposal from Harry Murphy
+ Friends for design services
for repainting and signage
of both parking structures,
amount $10,385.
RESOLUTION NO. 8351 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE
OR AGREEMENT (w/Municipal Resource
Consultants - One Year Contract,
Amendment No. 2, from 3/2/91 to
3/2/92).
RESOLUTION NO. 8352 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE,
OR AGREEMENT (w/Great Western
Bank to Administer Deferred Compen-
sation, Agreement to Expire in
March, 1994).
SRCC MINUTES (Regular) 3/18/91 Page 1
SRCC MINUTES ..egular) 3/18/91 Page 2
8. Execution of Two -Year Lease Agreement
(9/90-6/92) with San Rafael School
District for Classroom at San Pedro
School for Child Care Program (Rec) -
File 4-7-25
9. Resolution Authorizing Destruction of
Certain Police Department Documents (PD)
File 9-13 x 9-3-30
10. Claims for Damages:
a. Rhoda Wadler (PW)
Claim No. 3-1-1531
b. Geraldine Petruzella (PW)
Claim No. 3-1-1542
c. Beatrice Knight (PW)
Claim No. 3-1-1543
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Mayor Mulryan abstained
March 4, 1991 only, due
RESOLUTION NO. 8353 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE,
OR AGREEMENT (2 -year lease agreement
w/San Rafael School District for
Classroom at San Pedro School
for Child Care Program from 9/1/90 -
6/30/92)
RESOLUTION NO. 8354 - AUTHORIZING
THE DESTRUCTION OF CERTAIN POLICE
DEPARTMENT DOCUMENTS (Citizens
Complaints and Internal Affairs
investigations dated January 1975
through December 1984 - approved
by City Attorney's Office)
Approved Insurance Consulting
Associates, Inc. recommendation
for denial of Claim a.
Approved City Attorney's recom-
mendation for denial of Claims
b and c.
Thayer & Mayor Mulryan
from voting on the minutes of
to absence from meeting.
11. PUBLIC HEARING - s89-29 - APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A NEGATIVE
DECLARATION AND TENTATIVE MAP FOR A FOUR -LOT SUBDIVISION; LINDEN LANE AND NEWHALL
DRIVE; WILLIAM MOOREHOUSE/EDWARD NICOLAUS, APPLICANT; PAUL DAVIDSON/LINDEN LANE
NEIGHBORHOOD ASSOCIATION, APPELLANT; AP 15-051-41 (P1) - File 5-1-319
Mayor Mulryan declared the Public Hearing opened.
He then stated that just today extensive documents on this matter have been received
from the appellants, and he asked staff if they have had a chance to review it and
be in a position to make any comments to the City Council.
Planning Director Pendoley responded that staff had received the report at about
2:00 p.m this afternoon, and they have not had a chance to analyze it. He stated
he feels the Council would want to receive a written report from staff in response
to this document before a decision is made on this appeal.
Mayor Mulryan stated that if staff feels this document should be responded to in
writing, he has a concern regarding a bifurcated hearing, and he recommended that
the hearing be continued to give staff an opportunity to make their response, and
hear the whole matter at one time.
Councilmember Breiner stated her only concern is that there are quite a few people
from the neighborhood present for the hearing, and she wondered if they intended
to testify. Mayor Mulryan stated that this document which was received seems to
be quite complete, but he asked if there was anyone present to speak to this issue.
Ann Cole, an attorney with the law firm of Bianchi, Engel, Keegin & Talkington,
who stated she was representing John Roberto, the planning consultant who was unavail-
able this evening, stated that there is a large representation from the Neighborhood
Association present, and it was her understanding that this document contains material
which has already been presented and there is not substantially new information.
She stated that, however, there is a new traffic report, and that a visual presentation
has been prepared. She stated that those issues could be summarized this evening
if the Council so wishes, and that the Neighborhood Association is ready to go forward.
Mayor Mulryan pointed out that the information in question was not received until
today by staff. City Manager Nicolai stated that five copies were received Friday
after 5:00 p.m. and sent to the Council, but that staff did not receive their copies
until today.
Councilmember Shippey stated that unless there is a question of timing, he would
recommend that the hearing be continued to the next meeting.
SRCC MINUTES (Regular) 3/18/91 Page 2
SRCC MINUTES (Regular) 3/18/91 Page 3
Councilmember Boro noted that the appellant's representative stated there are no
new issues, except for the traffic report, but they have readdressed some of the
findings, and he feels that in fairness to the Council and staff, as well as the
applicant, there should be adequate time for all parties to review and respond to
these points. Mr. Boro recommended that the Planning staff consider if there are
significant enough changes, whether this should go back through the planning process
or if it should come back directly to the Council.
Attorney Neil Sorensen, representing the applicant, stated he is a little troubled
by the continuance. He stated he believed that what is being presented is a "re -hash"
of what has been presented in the past. He noted there are time limits for appeal
hearings, and he thinks the hearing should be held this evening.
Mayor Mulryan stated he understood the concerns of the neighbors and applicant,
but that when this amount of material was received so late, the staff and Council
must have an opportunity to look at it.
Councilmember Boro moved and Councilmember Shippey seconded, to continue the Public
Hearing to the next meeting on April 1, 1991.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. PUBLIC HEARING - REZONING FROM THE P -C -M -NG I-33� (PLANNED COMMERCIAL AND LIGHT
INDUSTRIAL, NORTHGATE, INDUSTRIAL - 33 TRIPS TO HE P -C -M -NG DISTRICT FOR THE REP.1ODEL
OF AN EXISTING 113,000 SO. FT. LIGHT INDUSTR AL/OFFICE BUILDING, AND CONSTRUCTION
OF A NEW TWO-STORY 21,500 S . FT. CONFERENCE CENTER (BRODERBUND SOFTWARE); 4300
REDWOOD HIGHWAY, AP 155-1106 (Pl) - File 10-3
Mayor Mulryan declared the Public Hearing opened.
Planning Director Pendoley briefed the Council, stating that on February 26, 1991,
the Planning Commission approved use permit, design review and lot merger applications
for the remodeling of an existing 113,000 sq. ft. light industrial/office building,
and for the construction of a new two-story, 21,500 sq. ft. conference center.
He noted that the facility would accommodate Broderbund Software. He added that
at the February 26th meeting, the Planning Commission also recommended that the
City Council adopt the Negative Declaration and the proposed rezoning application
for the property.
Councilmember Shippey inquired about the rezoning, and Mr. Pendoley explained that
it will be assigning trips and traffic capacity to the property. He noted that
there is an Overlay Zoning District in this area, for any property within the Northgate
Activity Center.
Councilmember Shippey stated he had read recently that Broderbund is merging, and
asked about the possibility of their moving out of San Rafael. Mr. Pendoley responded
that he had spoken with the developer, the Wareham Company, last week, after the
announcement of the merger, and at that time they were still under direction from
Broderbund to get all of the permits completed so Broderbund could move in. He
stated that, in any event, if this building goes into office use, this rezoning
would still be necessary.
Bonnie Brown stated her concern that if Broderbund does not move into this property,
she hopes another local company will, since a company from the outside would mean
extra trips.
Mayor Mulryan responded that the City hopes it will still be Broderbund.
Mr. Pendoley explained that this rezoning does not put any extra trips on this property,
but that Costco would have. He stated that this rezoning action only implements
what is in the General Plan for this property as a light industrial/office property.
He noted that if Broderbund moves in, they will be vacating other buildings in San
Rafael, and someone else will move into them. He stated that as long as it is light
industrial/office use the only difference would be if there were fewer local residents.
Elissa Giambastiani of the San Rafael Chamber of Commerce agreed with Mr. Pendoley,
and stated we want to keep as many of our San Rafael businesses as we can, but to
say that we should limit businesses to San Rafael people is wrong. She added that
if someone new came in, they would probably hire local people, and noted that it
would not be retail so the traffic would not be affected.
SRCC MINUTES (Regular) 3/18/91 Page 3
SRCC MINUTES (Regular) 3/18/91 Page 4
Rich Robbins, founder and principal of Wareham Development, stated that he is still
in negotiations with Broderbund. He said their idea was to beautify and generate
interest to show what could be done with the existing property. He stated he has
had many inquiries from local companies, but they have an honorable agreement with
Broderbund. He added that perhaps the warehouse facilities may go elsewhere. He
said there is a real message here, which is beautification and adaptable use within
the City limits can be accomplished.
Councilmember Breiner asked if, when the Rezoning Ordinance comes back before the
Council, this property would be considered for rezoning whether or not Broderbund
is involved.
Mr. Pendoley responded that it would be. He stated this property would be rezoned
anyway, and this is simply speeding up the process.
There being no further public input, the Public Hearing was closed.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution
certifying a Negative Declaration and adopting a zone change.
RESOLUTION NO. 8355 - CERTIFYING A NEGATIVE DECLARATION AND ADOPTION OF A ZONE CHANGE
FROM PCM -NG (I-33) (PLANNED COMMERCIAL AND LIGHT INDUSTRIAL
DISTRICT - NORTHGATE ACTIVITY CENTER OVERLAY DISTRICT) (INDUSTRIAL
- 33 PEAK PM TRIPS) TO PCM -NG (PLANNED COMMERCIAL AND LIGHT
INDUSTRIAL DISTRICT - NORTHGATE ACTIVITY CENTER OVERLAY DISTRICT);
4300 REDWOOD HIGHWAY; AP 155-110-66
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL REZONING CERTAIN REAL PROPERTY FROM THE
CITY OF SAN RAFAEL/ZONE PCM -NG (I-33) (PLANNED COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT
NORTHGATE ACTIVITY CENTER OVERLAY DISTRICT) (INDUSTRIAL - 33 PEAK PM TRIPS) TO PCM -NG
(PLANNED COMMERCIAL AND LIGHT INDUSTRIAL DISTRICT - NORTHGATE ACTIVITY CENTER OVERLAY
DISTRICT) 4300 Redw000d Highway, AP 155-110-06"
Councilmember Breiner moved and Councilmember Boro seconded, to dispense with the
reading of the Ordinance in its entirety and refer to it by title only, and pass
Charter Ordinance No. 1602 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. ST. VINCENT'S/SILVEIRA WORK PROGRAM (P1) - File 115 x 9-2-45 x 10-1 x 10-2
Senior Planner Freitas briefed the Council, and pointed out the study site on a
map. She then discussed the draft work program for the Opportunities and Constraints
Analysis, which is being submitted for Council review and approval. Also, the staff
report includes nominations for the proposed 22 -member Advisory Committee, for which
staff is requesting Council input and approval. She noted that the property owners
continue to have concerns, which they have expressed to staff, regarding the voting
membership of the Committee, and are requesting that the two major property owners
have two voting members each on the Committee.
Ms. Freitas explained that the Opportunities and Constraints Analysis provides occasion
for more detailed planning for these properties, and consensus building among the
many groups interested. She stated that the study will involve all of the St. Vincent's
and Silveira lands, east and west of the railroad. She added that due to the geographic
proximity and use, the adjacent Las Gallinas Valley Sanitary District property is
also included in the study area. Ms. Freitas then discussed the study organization,
and mentioned that the American Institute of Architects (AIA) has offered to provide
several design concepts based on input of the Committee, and the Opportunities and
Constraints information developed. She stated that the Committee will work closely
with them.
Ms. Freitas stated that one of the first orders of business for the Committee will
be feedback on the work program, and staff will come back to the Council with their
recommendations. She stated that the planning process will take 14 months to get
to the Public Hearing stage. She again noted the property owners request for two
voting members each on the committee.
SRCC MINUTES (Regular) 3/18/91 Page 4
SRCC MINUTES (Regular) 3/18/91 Page 5
Mayor Mulryan pointed out that it should be clear that this is not a voting situation
with the balance of numbers. Ms. Freitas stated that it is a property land use
issue.
Councilmember Boro noted that the Council was to appoint a chair for the Committee,
and that Mayor Mulryan will conduct the first meeting and discuss the role of the
Committee so everyone would hear it at the same time.
Michael Marovich, of St. Vincent's/CYO, requested that the Council reconsider the
number of representatives for St. Vincent's and the Silveira family. He stated
they are ready to participate in the process and he realized that in order to be
effective, it will have to be on a consensus basis. He stated he does not question
the numbers of any of the groups, but it would give the two property owners a great
deal of confidence in going through the process if they could have two representatives
each at the table.
Robert Marx informed the Council that he would like representation on the Committee
from people who worked on the Measure "L" campaign, in order to give a broader aspect.
Mayor Mulryan informed Mr. Marx that this is not a committee to debate Measure "L"
but to study the area for future use.
Councilmember Thayer noted that one of the charges to the Committee is to look at
all alternatives including open space. She stated this is a well -distributed committee,
and not a voting one, and it will not be a decision-making body.
Mayor Mulryan stated that he has no opinion either way on the issue of increasing
the number of property owners on the Committee. Councilmember Boro added that it
is only a matter of two people, and the property owners have quite a bit at stake.
Councilmember Breiner agreed, stating that the Council wants this to be a good working
group and wants it to succeed, and the property owners should have two representatives
each. Councilmember Shippey agreed. Councilmember Thayer pointed out that other
groups have requested additional members; however, the landowners themselves have
a vital interest in the property.
Bonnie Brown stated she agrees with Robert Marx, since some of his people might
have some creative ideas.
Mayor Mulryan pointed out that anyone can come to the meetings, and he noted that
Don Dickenson is on the Committee, and he was for Measure "L". Councilmember Shippey
stated that Ms. Brown would be a good addition to the Committee.
Councilmember Shippey moved and Councilmember Boro seconded, to approve the Work
Program as submitted.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The Council then discussed the make-up of the Committee. Councilmember Thayer stated
with regard to the two major property owners that it should be two across-the-board,
because it is not a decision-making body and the property owners can have input
from their attorneys. Councilmember Shippey stated it is important that they buy
into the consensus process.
Councilmember Boro noted that there was discussion of criteria for the Committee,
and that Mr. Marx had the opportunity of being appointed by a neighborhood group.
He stated there was a broad spectrum for all people who were for Measure "L" to
be appointed to the Committee. Councilmember Thayer stated that if the increase
in members is extended to the landowners it should be extended to the neighborhood
groups. There followed a discussion of the final make-up of the Committee.
Councilmember Breiner moved and Councilmember Thayer seconded, to omit Marin Valley
Mobile Country Club, and approve the following Committee:
St. Vincent's/Silveira Property Owners or Representatives:
St. Vincent's Property: Michael Marovich (2 representatives)
Silveira Property: Tony Silveira (2 representatives)
Las Gallinas Valley Sanitary District: Douglas Colbert
SRCC MINUTES (Regular) 3/18/91 Page 5
SRCC MINUTES (Regular) 3/18/91 Page 6
Neighborhood Representatives (5 members):
North San Rafael Coalition: Bonnie Brown
Marinwood CSD: Howard Council
Captain's Cove Homeowners: Sib Cogswell
United Montecito Neighborhoods Assn: Theresa Cox
Mont Marin Homeowners: John Rojas
Business Representatives (2 members):
San Rafael Chamber of Commerce: Jeffrey Ehlenbach
Marin Association of Realtors: Jay Tillotson
Environmental Representatives (2 members):
Marin Conservation League: Don Dickenson
Marin Audubon Society: Barbara Salzman
Note: Sierra Club also recommended both environmental
representatives
City Representatives (4 members):
City Council: 2 members to be voted on separately
Planning Commission: Paul Cohen
Parks & Recreation Commission: Patrick Webb
County Representatives (2 members):
Board of Supervisors: Robert Roumiguiere
Planning Staff Member (ex -officio): Mark Riesenfeld
Housing Groups:
EAH: Mary Murtaugh, Alex Diefenbach, Alternate
San Rafael Housing Corporation: Ailene Taylor
Other:
League of Women Voters: Sue Beittel
Retired Architect, Urban Planner or Landscape Architect
to be announced
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The Council then discussed Council representation on the Committee.
Councilmember Shippey recommended that he and Councilmember Thayer be appointed.
Councilmember Boro stated he has a very real interest in this project and he would
like to serve. He noted that he had initiated the concept of the Committee both
in the General Plan process and also last August. Mayor Mulryan noted that the
Council had discussed having one Councilmember from the northern area of San Rafael
and one from the southern area. He stated he would support that concept.
Councilmember Thayer stated that she does not see the City as north vs. south, and
she considers herself a representative of the people at large.
Councilmember Breiner suggested that perhaps Councilmember Thayer and Councilmember
Shippey could discuss the issue and that one could be an alternate. Councilmember
Thayer stated that she will agree to be an alternate to Councilmember Shippey, and
also could fill in if Councilmember Boro could not be present at a meeting.
Councilmember Breiner moved and Councilmember Thayer seconded, that the City Council
representatives will be Councilmembers Boro and Shippey, with Councilmember Thayer
as an alternate.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Shippey inquired about the last item on the Committee members' list,
as to whether anyone has been found to serve. Mr. Pendoley responded that there
was a nomination from the AIA, of a highly -qualified architect. He will report
back soon to the Council.
Mayor Mulryan noted that at the first meeting of the Committee he will appoint the
Chair; staff to set date and give ample noti.ficati:on.
SRCC MINUTES (Regular) 3/18/91 Page 6
SRCC MINUTES (Regula. 3/18/91 Page 7
Mr. Pendoley inquired if there were any comments on the suggested budget, and the
Council agreed that it looks reasonable. Mayor Mulryan then thanked the Planning
staff for their excellent work.
14. REPORT ON HILLSIDE DESIGN STANDARDS - SLOPE ORDINANCE (P1) - File 115 x 4-10-249
x 9-2-44 x 10-2
Mr. Pendoley briefed the Council, stating that the amendment to the Slope Ordinance
was adopted as an urgency ordinance and cannot be extended. He noted that it was
adopted to provide stricter slope density criteria until the Hillside Design Standards
were prepared. Mr. Pendoley noted that the Ordinance will no longer be in effect
after May 17, 1991; however, preparation of the Hillside Design Standards is well
underway and ultimately the Slope Ordinance as currently written will need to be
revised to reflect these standards. Mr. Pendoley added that any subdivision application
filed in the interim period after the expiration of the Slope Ordinance will be
subject to the new draft standards and the revised Slope Ordinance provided they
are in effect at the time the subdivision is heard. He stated that given normal
processing times, it is extremely unlikely that any application would be ready for
hearing before final adoption of the new Slope Ordinance and the Hillside Design
Standards.
Councilmember Thayer noted the staff report indicated that design standards would
be ready for Planning Commission public hearings by May 28th or June 11th, and with
the Urgency Ordinance expiring May 17th, she asked how much later would the item
come before Council? Mr. Pendoley responded that staff hopes to bring this to Council
within six weeks of the Planning Commission's action, adding that because Planning
Commissioners and Councilmembers are on the Advisory Committee, most questions will
have been answered by the time it goes to hearing. Ms. Thayer asked if an application
came in during the interim period, what slope standards would apply, and Mr. Pendoley
responded the draft Hillside Design Standards would apply, adding the draft standards
will be stiffer than today's Slope Ordinance, both as to lot size, FARs, architecture,
etc. so that the City will have more protection.
Councilmember Thayer moved and Councilmember Breiner seconded, to accept the report,
and approve the staff recommendation that another Ordinance not be reenacted.
AYES: COUNCILMEMBERS: Boro,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. COUNCIL REPORTS
Breiner, Shippey, Thayer & Mayor Mulryan
Councilmember Breiner moved and Councilmember Shippey seconded, to add the Contempo
Marin Mobilhome park item to the agenda as an urgency item for consideration, which
item came up after the agenda was posted, as requested by Councilmember Boro.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15.b URGENCY ITEM RE CONTEMPO MARIN MOBILHOME PARK - File 13-7-1
Councilmember Boro announced that he and Councilmember Breiner had met Saturday
with members of the Contempo Marin Mobilhome Corporation Board. He stated that
the park owner, De Anza Corporation, apparently is thinking about selling the site.
He noted that for some time the residents have been very interested in buying the
park themselves, and they reaffirmed that to Councilmember Breiner and him. He
stated there is a feeling that possibly there might be another group interested
in purchasing the park. He added that the Board asked that the City reaffirm its
support for the purchase of the park by the residents, and there is a resolution
of support for Council approval. He stated they have asked the Planning Director
to furnish information from the General Plan and records of meetings in this regard,
so the Board can give the information to its attorneys who will be meeting with
the park owner.
Councilmember Shippey inquired if the City could go further than that and direct
the owner to limit the parties to which they could sell. City Attorney Ragghianti
stated there was a recent ruling stating that cities cannot do that, that it was
unreasonable interference with the property rights of the mobilhome park owner.
He said it was passed December 27, 1990, and provides that a City may not require
a park owner to give residents the right of first refusal for a sale.
SRCC MINUTES (Regular) 3/18/91 Page 7
SRCC MINUTES ( .gular) 3/18/91 Page 8
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution
supporting Contempo Marin residents' purchase of the park.
RESOLUTION NO. 8356 - A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL SUPPORTING PRESERVA-
TION OF THE CONTEMPO MARIN MOBILEHOME PARK AND SUPPORTING
PURCHASE OF THE PARK BY RESIDENTS
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Board President Lawrence Gapinski thanked the Council for its support toward maintaining
affordable housing.
15 a 101 CORRIDOR ACTION COMMITTEE MEETING OF WEDNESDAY, MARCH 13, 1991 - File 170 x 10-2
Councilmember Boro pointed out the Committee agenda and minutes, and stated that
they have been assured that they will now be receiving support from Sonoma County
on this issue.
15.c POLICE ENFORCEMENT PROCEDURES - File 9-3-30
Councilmember Breiner stated that in view of the recent events involving the Los
Angeles Police Department, she would hope that our Police Department would be reminded
of our high standards so such a thing would never happen here. Police Chief Ingwersen
responded that he has already taken that action.
ADD ITEM
SAN RAFAEL HIGH SCHOOL GIRLS BASKETBALL TEAM CHAMPIONS - File 109
City Manager Nicolai asked permission to invite the San Rafael High School Girls
basketball champions to the April 1, 1991 meeting for recognition and a Resolution
of Appreciation. The Council approved the request.
There being no further business, the meeting adjourned at 9:30 p.m.
JENE LE01CIN ", Cit Clerk
APPROVED THIS DAY OF , 1991
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 3/18/91 Page 8