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HomeMy WebLinkAboutCC Minutes 1992-05-04SRCC MINUTES (Regular) 5/4/92 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MAY 4, 1992, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No Closed Session was held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 4, 1992, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Dorothy L. Breiner, Councilmember Paul M. Cohen, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Also Present: Pamela J. Nicolai, City Manager Tessie Belue, Assistant City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE REQUEST FOR COUNCIL AUTHORIZATION FOR A DEMONSTRATION MARCH AND RALLY RE THE RODNEY KING VERDICT - File 11-22 Mr. Lynn Ralston Board member of the Marin Center for Peace and Justice, stated he was representing a coalition of various organizations within Marin County that wants to schedule a march and rally on Saturday, May 9, 1992 with regard to the Rodney King verdict in Los Angeles. He stated the intent of this would be for members of the community to express themselves in a nonviolent manner on this subject. He stated they were requesting a permit to have a parade starting on Fourth and Hetherton to "B" Street and then on to Albert Park for a short rally with speakers. Mayor Boro suggested Council put this item on this agenda at the end of the Council meeting for action, due to the short timeframe. Councilmember Breiner moved and Councilmember Shippey seconded, to put this on the agenda as Item #22. SPECIAL PRESENTATION 2. PRESENTATION OF PROCLAMATION TO REPRESENTATIVE OF THE MARIN COMMISSION ON AGING - File 110 Mayor Boro, after reading the proclamation, made the presentation proclaiming May, 1992 as "Older Californians' Month" to Richard Rector, Commission on Aging and Dolores Lydon, President of the Goldenaires. Mr. Rector then thanked the Council for this proclamation. CONSENT CALENDAR Councilmember Cohen moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 8. Resolution Rejecting Bids for Two Wheel Trailer ADOPTED RESOLUTION NO. 8653 - for Parks Division and Directing Staff to Call for REJECTING BIDS RECEIVED FOR New Bids (Gen.Svcs) -File 4-2-264 TWO WHEEL TRAILER AND DIRECT- ING STAFF TO CALL FOR NEW BIDS 9. Approval of Partial Closure of Downtown Streets Approved staff recommendation for Annual Classic Car Parade and Block Party, for partial closure of Fourth May 16, 1992 (RA) - File 11-19 Street and "A" Street to accommodate car parade, display, and block party dance. 11. Resolution of Appreciation to Renate "Reni" ADOPTED RESOLUTION NO. 8654 - Pinkus, Public Works Department Secretary, Employee OF APPRECIATION TO RENI PINKUS of the Quarter (through March, 1992) (CM) - File AS EMPLOYEE OF THE QUARTER, 102 x 7-4 x 9-3-40 (1/1/92 thru 3/31/92) (Public Works Secretary) SRCC MINUTES (Regular) 5/4/92 Page 1 SRCC MINUTES (Regular) 5/4/92 Page 2 12. Approval of SB620, Healthy Start Collaborative ADOPTED RESOLUTION NO. 8655 - Inter -agency Agreements with Communities in Schools AUTHORIZING THE SIGNING OF (CM) - File 4-13-85 x 13-1 x 9-1 OF AN INTER -AGENCY AGREEMENT TO PARTICIPATE IN THE MARIN COUNTY HEALTHY START 620 COLLABORATIVE (with Communities in Schools) 13. Legislation Affecting San Rafael (CM) - File 9-1 Approved staff recommenda- tions: a) SUPPORT AB3701 (FRAZEE) Disability: Workers' Compen- sation and Retirement; b) SUPPORT AB3702 (FRAZEE) Workers' Compensation: Leaves of Absence; and c) SUPPORT AB2950 (HANSEN) Workers' Compensation Injuries. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for further discussion: 3. APPROVAL OF MINUTES OF SPECIAL MEETING OF MARCH 30, 1992, REGULAR MEETING OF APRIL 6, 1992, AND SPECIAL JOINT MEETINGS OF APRIL 20, 1992 (INCLUDING CITY OF SAN RAFAEL JOINT POWERS FINANCING AUTHORITY) (CC) Councilmember Breiner asked for a correction in the Special Minutes of March 30, 1992 on Page 2, "Mrs. Breiner asked for the cumulative total of the drug asset seizure money since the program began and itemization of the expenditures. . .". She then requested a correction of the Regular Minutes of April 6, 1992, Item 7, Page 3, second paragraph, line 2, "Councilmember Breiner pointed out that coming into the City from Highway 101 the right turn lane at the second street intersection has a volume problem (deleting 'creating a volume problem'), therefore indicating this intersection is not functioning very well". Councilmember Breiner moved and Councilmember Cohen seconded, to approve Minutes of Special Meetings of April 20, 1992 (including City of San Rafael Joint Powers Financing Authority) as presented, and Minutes of Special Meeting of March 30, 1992 and Regular meeting of April 6, 1992, as amended. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4. REPORT ON BID OPENING AND AWARD OF CONTRACT - 1992 STREET RESURFACING PROJECT (PW) - File 4-1-450 Councilmember Breiner stated that in the past, patch work on the streets was done in a very poor manner. She noted some specific examples - on Mission close to City Hall, top of Irwin St. between Mission and Bell, etc. She suggested the following as possibly being more appropriate: 1) list all the locations that need some patching and other repair work; 2) Get the approval for the Agency responsible for these poor patch jobs (PG&E, Water District, etc.) to pay for these repairs or get an estimate from the company awarded the contract as to how much it will cost and then pro -rate the cost among these agencies. Public Works Director Bernardi stated staff tried to decide what to bring to the Council tonight with regard to additional Encroachment Permit Fees. He stated what staff was looking at was charging a utility company some cost per foot for street restoration and to be paid to the City which would be put into the Overlay Program. He stated another item being discussed was whether it would also require the utilities companies to put a slurry seal on the street, primarily to make it look better. He noted that on Las Gallinas Avenue, near the School District offices, there is a patchwork quilt of how the reclaimed water trenches went into the street. He stated this would be brought to the Council in the next few months, after working with the utility companies to make sure they understand what staff is doing and why. Mrs. Breiner stated this was good, but does not take care of the immediate, currently existing problems. She asked if this could be included in the street resurfacing SRCC MINUTES (Regular) 5/4/92 Page 2 5 SRCC MINUTES (Regular) 5/4/92 Page 3 project, while there is a favorable dollar figure. Mr. Bernardi responded that one method might be acting under the current Encroachment Permit and possibly getting a more favorable price from this contractor, based on the cost of the asphalt. He stated the contractor would probably be willing to work with the utilities, so staff will pursue this. Councilmember Thayer stated she was glad to see the $464,620 bid was much lower than the Engineer's estimate of $500,678. Mrs. Thayer then stated she was interested in the construction of the temporary parking lot at the "B" Street Community Center. She explained her concern was that this temporary parking lot would become permanent, noting the current plans made this lot not aesthetically pleasing. She noted that there would probably be much input from the different neighborhood associations on this, and felt they should be reassured that this is just a temporary solution and this was added to a number of streets and roads which need resurfacing. Mr. Bernardi responded both he and Recreation Director McNamee have discussed this plan with Sandy Lollini and Linda Bellatorre, of the Gerstle Park Neighborhood Association, and they understand this is the first phase in the ultimate implementation of the plan. Additionally, he stated the parking spaces in this plan are 9 foot spaces. If they were cut down 6 inches to 8' 6" spaces, there would be enough room across the front to have a landscaped strip small enough which will not sacrifice parking spaces, yet provide a little screen for the parking which will be there. He stated they have plants in the Nursery and Ms. McNamee has some funding which could be used for this project to address this concern. Mrs. Thayer asked if this landscaping will be useful in the final plan or would it be taken out and redone. Mr. Bernardi answered negatively and explained that this is part of the plan the Council reviewed some time ago and deals mainly with the parking spaces. He noted there is also some driveway work which will have to be done. Mayor Boro asked if there was a possibility of notifying the utility companies now, since it has been practically finalized as to what streets to fix, and what the timeframe will be for this. Mr. Bernardi stated the current procedure was to notify the utility companies in October of last year, as an example. They will then tell the Department what streets they will be working in and Public Works will take these streets off the resurfacing list. He stated the policy is that a utility company is not allowed to cut into a newly resurfaced street for at least five years after it has been resurfaced. He noted staff is willing to cooperate with the utility companies to the extent possible, and this works well most of the time. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution awarding the contract for street resurfacing to North Bay Construction, Inc. RESOLUTION NO. 8656 - AWARD OF CONTRACT FOR STREET RESURFACING - 1992 - TO NORTH BAY CONSTRUCTION, INC., THE LOWEST RESPONSIBLE BIDDER, IN THE AMOUNT OF $464,620 (Project No. 006-40696248000) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVAL OF MASTER AGREEMENT WITH MORRIS FINISY FOR ARCHITECTURAL SERVICES FOR VARIOUS PROJECTS (PW) - File 4-3-253(a) Councilmember Thayer stated her concern that this should be a competitive process rather than allowing someone to have a master agreement with the City. She stated she also was concerned that the contract was very open-ended, even though it has been approved by the City Attorney's Office. She noted on Page 6 under Article 11, with regard to Basis of Compensation it states under 11.2.1, ". . as per latest addendum to this Master Agreement". She then noted under 11.3.1, ". . hourly at rates as defined in 11.2.1". She asked why this was worded in this way. Mr. Bernardi stated that it was done because of a recommendation in the Hughes, Heiss report, which suggests looking at the types of outside services which are being used. He stated they have used Mr. Finisy in the past, without a formal contract. Mr. Bernardi stated staff would contact Mr. Finisy for individual projects, as they became available, explaining the reason this contract is open-ended is because it does not speak to any particular project; it is simply the legal basis to protect the City in the long -run. He stated this does not limit them to only hiring Mr. Finisy, but will cover any projects in the future he will be used on. He explained the reason for the referral from 11.3.1 back to 11.2.1 was because any project Mr. Finisy was selected for would become an addendum to this contract. For example, if Mr. Finisy was asked to work on the roof of one of the fire stations, he would SRCC MINUTES (Regular) 5/4/92 Page 3 SRCC MINUTES (Regular) 5/4/92 Page 4 submit an addendum to this Agreement which would specify his hourly rate, what the maximum amount of the contract would be, and what timeframe would be involved. Mr. Bernardi explained that most of Mr. Finisy's projects are not more than $2,000, which are very small projects he works on. Mrs. Thayer stated she just wanted to be assured that if Mr. Finisy's price was too high, they could go to another person for the project. Mr. Bernardi stated they were not committed to Mr. Finisy in any way. Councilmember Breiner stated they might be on safer ground if they had a slate of architects to call, getting estimates on their hourly rates and timeframes, etc. She stated Mr. Finisy has done a fine job, particularly on the historic -type projects, but she did not feel comfortable in being locked in with Mr. Finisy for all projects. Mr. Bernardi explained that, in the past, other people were really not interested in taking on these small projects. In the future, they can call other architects and ask them to submit a proposal on a project. Mrs. Breiner asked if the Council would be getting reports on any time Mr. Finisy is contracted for a project. Mr. Bernardi responded that, generally, they do not. Mayor Boro suggested they approve the Agreement with the understanding the Department will keep the Council advised. Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution authorizing execution of the contract with Morris Finisy, with the modification that Council will be advised each time an architect is needed for a small project and who is contacted for this. RESOLUTION NO. 8657 - AUTHORIZING EXECUTION OF A MASTER AGREEMENT WITH MORRIS FINISY FOR ARCHITECTURAL SERVICES AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6. ST. VINCENT'S/SILVEIRA PROPERTIES: (Pl) - File 4-10-263 x 9-2-45 a. APPROVAL OF $3,000 CONTRACT WITH ARCHAEOLOGICAL RESOURCE SERVICE FOR ARCHAEO- LOGICAL SERVICES b. APPROVAL OF $4,000 CONTRACT WITH MILLER PACIFIC ENGINEERING SERVICES FOR BAY MUD STUDIES C. APPROVAL OF $600 CONSULTANT CONTRACT WITH CHARLIE PATTERSON TO DO BOTANICAL FIELD SURVEY Councilmember Thayer asked at what point will staff be doing the wetlands' study for this property. Planning Director Pendoley answered it will need to be done in a subsequent contract. Principal Planner Hasser stated that St. Vincent's already has an Army Corps wetland determination which has either already been extended or they are attempting to do so now. She stated the Silveira family has done a preliminary wetland investigation and informed the City they will do no additional wetland investigation for the coming year, because they are doing some drainage work and trying to take care of other miscellaneous items. She stated staff has maps of the preliminary wetland areas. She stated within the next week staff would be going out with an RFP (Request for Proposal) on a habitat analysis which will look at wildlife and plant use on the property and the more sensitive areas. She stated they will be looking at wetland areas which have been mapped and all others. Mrs. Thayer stated that an overall wetlands study will need to be done in order to determine the constraints. Mrs. Hasser stated that because staff has not been able to refine this and the property owner is not proceeding with a final wetland determination, the committee will need to conservatively estimate the extent of wetland on the Silveira property. She indicated they did have a fairly good indication. Councilmember Shippey moved and Councilmember Thayer seconded, to adopt three Resolutions for contracts for studies and surveys to be done on both the St. Vincent's and Silveira properties. RESOLUTION NO. 8658 - APPROVING A $3,000 CONTRACT WITH ARCHAEOLOGICAL RESOURCE SERVICE TO PROVIDE AN ARCHAEOLOGICAL FIELD SURVEY OF THE ST. VINCENT'S AND SILVEIRA PROPERTIES (Services to be completed by 7/31/92) RESOLUTION NO. 8659 - APPROVING A $4,000 CONTRACT WITH MILLER -PACIFIC ENGINEERING GROUP TO PROVIDE A BAY MUD STUDY OF THE ST. VINCENT'S AND SRCC MINUTES (Regular) 5/4/92 Page 4 SRCC MINUTES (Regular) 5/4/92 Page 5 SILVEIRA PROPERTIES RESOLUTION NO. 8660 - APPROVING A $600 CONTRACT WITH CHARLES A. PATTERSON TO PROVIDE A BOTANICAL FIELD SURVEY OF THE SILVEIRA PROPERTY (survey to be conducted 5/4/92 - 5/8/92) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7. CITY COUNCIL TO SET PUBLIC HEARING DATE ON APPEAL OF PLANNING COMMISSION'S DECISION OF APRIL 14, 1992, RE: 31 -UNIT CONDOMINIUM PROJECT; (BOYD COURT PROJECT) S/W CORNER MISSION AVENUE AND "B" STREET; AP #11-211-01, 04, 10 & 11; BHC, OWNER; EDWARD KUYKENDALL, REP. (Pl) - File 5-1-322 x 10-7 Councilmember Cohen questioned the date set for the Public Hearing, May 18, 1992. Planning Director Pendoley stated the law requires the Council set the date and open the Public Hearing on May 18, however it is within the discretion of the Council to continue it once it has been opened. He stated that because there will not be a full Council on May 18th, and the action of bringing all the concerned citizens to that meeting, it would be useful to know now if there will be a continuance at that meeting. Mayor Boro asked Mr. Pendoley if the date had to be May 18, 1992 and he answered it would. Mayor Boro stated they should take this one step at a time and set the hearing date tonight and then contact the Applicant and Appellant to determine if there should be a continuance at the May 18, 1992 meeting. Councilmember Cohen moved and Councilmember Breiner seconded, to set the Public Hearing date as May 18, 1992, on the Appeal of the Planning Commission decision regarding the project on the southwest corner of Mission and "B" Street. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. APPROVAL FOR RENTAL OF OFFICE SPACE FOR SATELLITE POLICE STATION IN CANAL AREA (PD) - File 2-9-18 x 9-3-30 Councilmember Breiner stated her concern with the maximum set of $10,000. She stated that in a letter of March 26, 1992, Council was told this should be no more than $250/month, or $2,700 for the year. She asked Acting Chief Krolak if this was to allow some leeway in this project. Acting Police Chief Krolak asked for the identity of the letter Mrs. Breiner was referring to. Mrs. Breiner stated it was actually a memo from Lieutenant Cronin to Acting Chief Krolak with regard to the office space rental, indicating the owner had offered the space to the City on a long-term basis for $150/month with possibly $50 - $75 per month for ongoing costs of utilities and phone services. She stated the memo indicated the ongoing total should be not more than $225 per month. This makes the total $2,700 per year which a lot less than the $10,000 which this is authorizing. City Manager Nicolai responded that the $225 per month was the ongoing monthly charge once the operation was started up. Ms. Nicolai stated there have been some minor modifications needed which were discovered after the original pro- posal. She stated they could monitor these costs if Mrs. Breiner would like to reduce the maximum. Mrs. Breiner stated this was not necessary. Mayor Boro stated he agreed with Mrs. Breiner, noting the license agreement expires June 30, 1993. Acting Chief Krolak stated they were proposing not to lock the Police Department in or the property owner to more than one year. Mayor Boro stated that since $10,000 has been proposed, the City should have an option to renew this agreement within a couple of years. Acting Chief Krolak stated they were not sure yet that they would be doing the minor changes, without contractors looking at this and determining what exactly would be needed to do modifications, if they are necessary. Mayor Boro suggested adopting this in concept, with the idea that when they have something firm, Acting Chief Krolak would come back to the Council and ratify the changes needed, and look into getting an extension of the agreement which is suitable to both the City and the property owners. Acting Chief Krolak agreed. He also stated that the Council approved the Police Department applying for a OCJP Grant which this is part of, so the total cost might be reduced by the amount received in this grant. Councilmember Cohen asked how the agreement should be executed and should they wait for the results of the grant application. Mayor Boro suggested to go ahead with SRCC MINUTES (Regular) 5/4/92 Page 5 SRCC MINUTES (Regular) 5/4/92 Page 6 this request to sign the agreement and get the process moving. Mayor Boro stated he SRCC MINUTES (Regular) 5/4/92 Page 6 SRCC MINUTES (Regular) 5/4/92 Page 7 was asking the Acting Chief for information on the amount to be spent on capital improvements before they are done. Councilmember Cohen moved and Councilmember Shippey seconded, to approve rental of office space for the satellite Police office, in addition to an option to renew in the agreement. City Manager Nicolai stated they would not be signing the agreement until a contractor comes in and checks what is needed for any modifications. She stated that, as long as everything seems reasonable, and they can obtain the costs on any changes which may be needed and then report back to Council. Mayor Boro stated the motion was to adopt the Resolution authorizing the City Manager to execute the agreement for rental. RESOLUTION NO. 8661 -- AUTHORIZING THE SIGNING OF A LICENSE AGREEMENT WITH LEONARDI PROPERTIES, INC. FOR RENTAL OF OFFICE SPACE FOR A SATELLITE POLICE STATION IN THE CANAL AREA (Lease Agreement) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. PRESENTATION OF RESOLUTION OF APPRECIATION TO RENATE "RENI" PINKUS, PUBLIC WORKS DEPARTMENT SECRETARY, EMPLOYEE OF THE QUARTER (Through March, 1992) (CM) - File 102 x 7-4 x 9-3-40 Mayor Boro read in part the Resolution of Appreciation. He stated they were con- gratulating her on the good job she has done and the wonderful attitude which she has been displayed. He stated there would be a reception with her fellow employees tomorrow, May 5, 1992. 15. PUBLIC HEARING - ED91-16 - APPEAL OF THE PLANNING COMMISSION'S DECISION OF FEBRUARY 25, 1992, REQUIRING THE FACADE TO BE RESTORED TO THE ORIGINAL LEADED TRANSOM WINDOWS; 919 FOURTH STREET, AP #11-263-03; CLARA ORIDE, OWNER AND APPELLANT (Pl) - File 10-7 Mayor Boro opened the Public Hearing. Planning Director Pendoley gave a brief explanation of the staff report. He stated that this building at 919 Fourth Street, is considered an important example of one of the Spanish styles of architecture. This included the fact that the leaded transom windows were to remain on the building, by recommendation of the Cultural Affairs Commission. Mr. Pendoley stated that beginning with the original Design Review application filed by the owner to attempt to correct the violation regarding the windows with clear glass, the Planning Commission denied this and invited the owner to apply for a design more consistent with the historic and architectural character. Mr. Pendoley stated that in February, 1992, the Planning Commission voted to require restoration to the frosted leaded glass with the provision that the property be referred to the City Council for nuisance abatement if the application was not received within 90 days. On March 3, 1992 the Applicant, Ms. Clara Oride, appealed this decision. Mr. Pendoley stated staff was recommending Council deny the Appeal and uphold the decision of the Planning Commission, that the Owner, within 90 days, file to replace the windows with appropriate materials, which the Planning Commission recommends should be windows with individual frosted glass panes with leaded mullions, similar to the original. Councilmember Breiner asked if there was a photo showing the original windows. Mr. Pendoley answered they had a good record, in the original application, going back to 1986, as well as in the historic resources survey back to 1977. Councilmember Shippey stated in the Planning Commission notes, it was noted that there might be a less expensive method to resurrecting the historic appearance to the glass panels than simply replacing the panes of leaded glass. He stated he felt this did not translate to the resolution being offered tonight. Mr. Pendoley stated it did not. He stated the reason was that the Planning Commission did provide an option whereby the property owner was invited to come back with a substitute. He stated it did not have to be the exact leaded glass, but something that looked like it. Mr. Pendoley stated that what the owner brought back was a pane of glass with drafting tape put on to simulate the leaded panes. He stated the Planning Commission found this inappropriate, but prior to the Commission reviewing it, staff SRCC MINUTES (Regular) 5/4/92 Page 7 SRCC MINUTES (Regular) 5/4/92 Page 8 contacted the owner and strongly recommended they try something different because staff did not feel this was what the Commission had in mind. He stated the property owner was non-responsive and at that point the Planning Commission felt they had provided a reasonable option which did not work out, and decided to go back to the original approval. Clara Oride, owner of 919 Fourth Street, stated when her windows sustained further damage from the 1989 earthquake, they secured the building from rain, water and other dirt by replacing the windows with clear glass. She stated this was the most economical means of replacing the windows and, at the same time, keeping the aesthetic value of the building. She stated that the Planning Department determined that the removal of the leaded windows was not consistent with the historic character of the building, as stated in the downtown guidelines. The Planning Department went on the say, "the primary consideration in the review of the building renovation is the retention of the building's best architectural feature". She explained they have done everything to retain the building's best architectural feature; they replaced all the broken areas on the building facade and repeated the same design on the back of the building, kept all the framing on the windows in the original condition. She stated the only difference with the windows now is that they are clear and not leaded. Ms. Oride then mentioned the financial burden on the owner to put these windows back to their original condition would cost them $19,000. She indicated she thought this would not make any difference in the looks of the downtown buildings. She stated they should question the opinion of the Planning Department in wanting to keep everything in its exact historical condition. Mayor Boro asked if Ms. Oride had pursued the other alternative of treating the glass with lead. Ms. Oride stated they checked with Page Glass and were told this would cost $19,000. Mayor Boro stated that according to the Planning Commission minutes, they suggested treating the glass with lead rather than replace and still have the same result. Ms. Oride stated she did not know what this was. Mayor Boro asked Mr. Pendoley what was the discussion on treating the glass. Mr. Pendoley stated the Commission discussed a method whereby metal strips were overlaid on solid sheets of glass to resemble leaded glass. He stated he was not familiar with this procedure, but understood it was fairly common. Ms. Oride indicated she was open for suggestions from the Council as to what companies to investigate. Mayor Boro stated the burden was on the owner. All the panes were replaced after the earthquake. He stated that if this was allowed, then all the buildings with historic value, would no longer be original and historic. Ms. Oride stated that a lot of the businesses around her have changed as they were built after the 1920 era, including her own business. She stated the major part of the building's historic look has been retained and does not understand the Planning Department's statement that this has not been retained. Mayor Boro asked if Councilmember Cohen, having been at this Planning Commission meeting, could explain what happened at that meeting. Councilmember Cohen stated that almost everyone was in agreement that the original leaded glass was an important architectural feature of this building. Mr. Cohen stated he was disappointed to see this come up to the Council because the Planning Commission was ready to make the decision that was made at the last hearing, where they required the original be restored and should not have been done originally without permits, etc. He stated it was important to be sensitive to the economics of this. He stated he was the one on the Planning Commission to suggest that there might be cheaper alternatives. He did state that the burden does fall on the Applicant. He suggested finding a way for the City to help the Applicant identify some of the resources available to do this work, then it could be continued with the understanding that something will be done. Mayor Boro summarized the problem and asked if the Applicant is willing to spend some time with the staff in discovering some alternatives to this problem. Ms. Oride asked if the City had some Redevelopment funds to help with this work. Mayor Boro answered negatively, noting the owner, herself, caused the problem, not the City. Councilmember Thayer stated the Appellant has placed herself in this position and it was very clear in 1986 that leaded obscure glass was required in this area. She stated she was sympathetic with the breakage due to the earthquake and with regard to the cost, however she believes that if something is deliberately done and does spoil the historical character of a building and is allowed to go unheeded by this Council, she thinks it sets a bad precedent. SRCC MINUTES (Regular) 5/4/92 Page 8 SRCC MINUTES (Regular) 5/4/92 Page 9 Councilmember Breiner suggested Fred and Mary Dekker might have some knowledge of people who are able to do this work inexpensively. She also suggested Charles Hall Page, who did much work on Falkirk. Mrs. Breiner stated she was impressed with the work done on the inside of the building while retaining the historical facade. Mayor Boro stated the Public Hearing would be continued to the meeting of June 1, 1992. He stated staff will contact Ms. Oride to refer her to people who might be able to do a proper job in a less expensive manner. He also asked staff to have an independent look at what the cost may be to replace the glass. 16. PUBLIC HEARING - UP89-10(b) - APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT EXTENSION FOR A SECOND UNIT, 26 WILDWOOD WAY; AP #10-121-05; FAIRHILLS PROPERTY OWNERS' ASSOCIATION, APPELLANTS; ROBERT AND CAROL BUTLER, OWNERS (Pl) - File 10-5 Mayor Boro opened the Public Hearing and continued the Public Hearing to May 18, 1992. 17. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1613 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT BY AMENDING A PORTION OF THE SMITH RANCH PLANNED DEVELOPMENT PLAN AND CONDITIONS (OAKRIDGE APARTMENTS - AP #155-251-08 & 09) (Pl) - File 10-3 x 10-6 Councilmember Breiner stated she believed Exhibit A, on Page 2, Item E3, should read, "A landscaped berm, dense vegetation or a fence at least five feet high shall be constructed. . .". Mr. Shippey asked Mayor Boro why this was not on the Consent Calendar and Mayor Boro answered because a couple of the Councilmembers voted against it. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM P -D (PLANNED DEVELOPMENT) DISTRICT TO P -D (PLANNED DEVELOPMENT) DISTRICT BY AMENDING A PORTION OF THE SMITH RANCH PLANNED DEVELOPMENT PLAN AND CONDITIONS (OAKRIDGE APARTMENTS - AP #155-251-08 & 09)" Councilmember Breiner moved and Councilmember Shippey seconded, to dispense with the reading of the Ordinance in its entirety and approve final adoption of Charter Ordinance No. 1613, with Mrs. Breiner's correction. AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer NOES: COUNCILMEMBERS: Cohen, Mayor Boro ABSENT: COUNCILMEMBERS: None 18. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1614 - AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL CODE, SO AS TO RECLASSIFY FROM C-2 (GENERAL COMMERCIAL) TO R -E (MULTIPLE FAMILY RESIDENTIAL) (10 EAST CRESCENT DRIVE; AP #10-291-67) (Pl) - File 10-3 x 10- 6 x 10-7 Councilmember Shippey moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and to approve final adoption of Ordinance No. 1614. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None 19. REVIEW OF THE COUNTYWIDE PLAN (Pl) - File 191 Mayor Boro stated the current status of this project at the County level is that this will come before the Countywide Planning Agency on May 28, 1992. He stated this would be one additional meeting to make any necessary changes. Planning Director Pendoley gave a brief summary of the points the Department was interested in. He stated the first concern was with regard to growth management, in that the City already has a far reaching policy on this, particularly timing growth to the availability of circulation improvements. SRCC MINUTES (Regular) 5/4/92 Page 9 SRCC MINUTES (Regular) 5/4/92 Page 10 He stated the second area of concern was with regard to the Level of Service D being established for Highway 101. Portions of 101 within the San Rafael area are at LOS F and he stated they were concerned about what the impact of this may be on City policies. He then discussed the timing of development, stating the draft plan says that the Countywide Planning Agency should develop a program to coordinate the pace of development in all jurisdictions, with a provision of transportation capacity. He noted that the Congestion Management Plan already provides a link between land use and transportation policy, noting they think the Countywide Plan should note cooperative agreements that are already in place, for example, the Northgate Plan which has been adopted by the County. Mr. Pendoley stated with regard to planned circulation improvements, that there is no map to explain these improvements, but the staff thinks they understand them. However, they do need this map to judge adequately. He stated mitigation fees are a policy issue in the draft plan. The Countywide Plan states that fees for traffic mitigation will be established. He suggested the City should recommend that the County adopt the City's traffic mitigation fees for unincorporated areas that feed into the City's traffic circulation system. While this has been done for portions of Northgate, it has not been done for other portions of the City. He noted two activities centers have been noted in the San Rafael planning area. He stated St. Vincent's is not mentioned as one of these. He noted economic develop- ment might be an issue. He also noted that the Chamber of Commerce has written at some length about the need for an economic development element to the General Plan, as well as the Marin Council. Mr. Pendoley stated that so far the draft plan has been very supportive of the Council's work program for the St. Vincent's/Silveira property. Councilmember Thayer asked for clarification of the mid-level of Service D as stipu- lated in the Countywide General plan or lower. Principal Planner Hasser responded that it was not specified, and she assumed it would be low end of Service Level D. Mrs. Hasser noted that many segments of Highway 101 are now operating at Level E and F. Mrs. Thayer stated this might be a slight inconsistency with the County's General Plan. Mrs. Hasser stated the City does not currently have Level of Service standards for Highway 101. Mrs. Thayer stated this was in reference to other roadways within the City. Mrs. Thayer then asked with regard to Marin Ranch Airport and the information in the report, as to where the writer was going when they stated there are restricted uses only at this airport. She suggested they might want to lift the restrictions on this property. Mr. Pendoley responded that perhaps the restrictions were being reviewed as permanent, not interim. He stated this was an issue which could be brought up when updating the General Plan in the near future and the County should probably be considering this, too. Mrs. Thayer stated the land uses at the Marin Ranch Airport should be those that are in the restrictions now. Mr. Pendoley stated if these changes were to be made it should be studied diligently because there are other issues tied to this which may be of significant cost to making the designation permanent. Councilmember Breiner suggested the property owner might fund making the Airport a more permanent fixture and might alleviate much uncertainty among the residents in the area. She noted that this might be the right time to do this. Mayor Boro stated he understood the County was thinking that this issue may go away, and the information the Council was getting was the public may want it more permanent. He noted it should be reaffirmed during a General Plan Amendment. He stated they should probably get a more clear opinion from the public and then during the General Plan Amendment process, it should be reaffirmed. Councilmember Thayer agreed. Mayor Boro stated there were two presentations made to the Countywide Committee; one by Marin Council and one by representatives of the Chamber of Commerce dealing with the need for an economic element. He stated that the financial growth to support what is discussed in the plan needs to be looked at to see if it is possible. He noted both groups have advocated that much more emphasis be put on looking at the long-term economic impact of this General Plan, as presented, and what alternatives might come about as a result of looking at it from an economic point of view. SRCC MINUTES (Regular) 5/4/92 Page 10 20. SRCC MINUTES (Regular) 5/4/92 Page 11 Councilmember Breiner commended staff on the fine job of reviewing this report. She stated she was interested in Carol William's memo, dated April 28th, with regard to the projection of 40,000 new jobs and 20,000 new housing units based primarily on development potential. She asked if this was a reasonable projection. Mrs. Hasser responded that a large part of the job potential was in East San Rafael. She stated the County Plan is consistent with the City's Plan in projecting approximately 10,000 jobs in that area with another 2,000 jobs in Northgate. She noted a large part of the County's growth potential is in San Rafael, as well as Novato. She stated that during a conversation between the County Planning staff and City Planning staff about where the jobs were located and the potential to shift some of the industrial sites to residential, it was noted that it was harder to do the mass shifts than at a theoretical level. She noted that the County found the density level downtown to be high already and did not recommend that they be shifted substantially higher. Mayor Boro requested staff format these issues in a letter to the Countywide Plan Committee. APPROVAL OF SUN VALLEY PARK RENOVATION PROPOSAL (Rec) - File 2-1-13 x 12-5 x 9-3- 65 x 9-3-66 Recreation Director McNamee stated her report submitted to Council was a conceptual plan for Sun Valley Park, noting they have the neighborhood involved in this project, providing much energy and ideas for improvements. She stated Park and Recreation Commissioner Carlene McCart has been involved in the meetings. She noted they have some grant money for this project and when they come back to the final plan and request to go to bid, she will be requesting allocation of some of the Bedroom Tax for this park. Ms. McNamee noted the Architect who did the design is a resident of the neighborhood with children who are using this Park. Carlene McCart, representative of Sun Valley Neighborhood No. 13, stated that their group has been waiting for their turn to renovate this Park, after Gerstle, etc. She stated they were very satisfied with the design of the Park and they needed some improvement from what is there now. She noted their group went to the Park and looked at all the areas that need to be repaired, renovated or replaced. Ms. McCart stated after walking the Park, they put together a list of improvements needed and their cost estimates, looking at how other Parks have solved their similar problems. She described each priority: 1) Playground - Renovate some of the playground equipment already there and add some more equipment; 2) Fencing - to keep children in their areas and keep dogs out, creating a safer and more sanitary area for the children to play in; 3) Shade Arbor - Can be renovated by the neighborhood group; 4) Water - the existing well is used to irrigate the Park during the Summer, but when it is being used, the water fountains and restrooms are turned off. She suggested improving this by running a separate line into these facilities off Solano and keep them in operation year-round; 5) Paving - needs to be repaved; 6) Basketball Court - needs to be redesigned to be made more safe and repaved asphalt surface; 7) Furniture - many pieces of furniture need to be repaired and the neighborhood group is more than willing to do this work; 8) Animal Control - need more pooper scoopers to keep the Park cleaner. Ms. McCart stated their cost estimate - bottom line - is $57,530.00. She noted that the State has already put up $38,000 for the project and the neighborhood has provided many volunteers for this project. She stated that included in the group of volunteers were teenagers who grew up in this area who want to give something back to the neighborhood. She stated they have approximately $600 in cash donations, even though the fund raising has not started yet. She noted two concerns: 1) The sanitation problem re dogs - Some residents are concerned that the group is trying to eliminate dogs from the Park, but she stated this was not the case. It was fine if they were kept on a leash and separate areas of the Park were being maintained for use by the dog owners; and, 2) City maintenance of the Park - She stated the neighborhood wanted to know if the City would provide some maintenance support for this Park. She noted the answer to this is not what people want to hear, that funds are very low or unavailable and the maintenance crews are already stretched to their limit. She asked Council to approve their conceptual design so they can work with staff in getting plans drawn up and bids put out, so they can bring all this back for final approval soon. Councilmember Breiner moved and Councilmember Cohen seconded, to approve the conceptual renovation plan for Sun Valley Park. SRCC MINUTES (Regular) 5/4/92 Page 11 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: 21. CITY COUNCIL REPORTS SRCC MINUTES (Regular) 5/4/92 Page 12 Breiner, Cohen, Shippey, Thayer & Mayor Boro None None a. CONSIDERATION OF ADOPTION OF RESOLUTION IN SUPPORT OF COUNTY MEASURE A, JUNE 2, 1992 BALLOT, TO PROVIDE FUNDING FOR ACQUISITION OF OPEN SPACE AND CONSERVATION EASEMENTS ON AGRICULTURAL LANDS IN MARIN COUNTY (4 -year $25.00 Annual Parcel Tax) - File 13-14.1 x 9-4 Mayor Boro stated this item was put on the agenda per his request. He also noted they have received a staff report and a letter from the Chamber of Commerce with their views on this item. Councilmember Cohen mentioned there were some people in the audience who would like to comment on this item. Mayor Boro stated they would take some comments. Cecelia Bridges, San Rafael homeowner, asked that before the Council puts their full support to this tax measure, they check on the future tax burdens of the families in San Rafael who will be involved in paying this tax. She noted that the County has cut Human Services by almost $20 million in the last six months. She stated Council should ask the families of San Rafael if they were ready to add to their tax burden by almost $25 annually, when one-half of the money will go to West Marin. She stated that although she loved the open spaces in West Marin, she was asking Council to consider in San Rafael the human problems receiving priority. Ms. Bridges stated the Marin Conservation League will be supporting this measure and will be spending $35,000 to get this message to the voters. She asked Council, as representatives of the families of San Rafael and homeowners, those who pay taxes, not take a position on this parcel tax and let the families of San Rafael set their own priorities. Frank Scott, a resident of San Rafael and Co -Chair of the Marin Rainbow Coalition, who signed the ballot argument against Measure A, stated he was also asking the Council not to endorse this measure. He stated that the Canal area was over -populated and needed more attention than open space at this time. He noted that the Mayor of Mill Valley also signed the argument for Measure A and their City Council did not endorse a measure supporting it. Mr. Scott stated they all supported open space, but it was a matter of priorities at this time. Dick Sadler, 22 year resident of San Rafael, stated he observed that the inhabitants of Marin County do not think the current world economic situation does not affect Marin County, but it does. He noted that in sales tax, San Rafael was down 2.8% and Novato was down 2%. He stated that there may not be very much support in San Rafael for open space. The Black Canyon Neighborhood Association voted overwhelmingly to go on record against Measure A. The San Rafael Federation of Neighborhood Associations sent a FAX to the County Board of Supervisors suggesting that they pull the measure from the ballot. Mr. Sadler noted that in the General Plan of 1988 it states there were 2,535 acres of open space. He mentioned some properties that are contiguous to the City property line, such as China Camp State Park at 1,511 acres, San Pedro Preserve with 302 acres, and the Terra Linda/San Anselmo ridgeline with 700 acres. This totals over 4,000 acres of open space. He encouraged the Council to abstain on this issue, the same way Mill Valley did. Councilmember Cohen stated he was basically in agreement on the points raised by the previous speakers. He stated the three main points he saw were; 1) Not a question of priorities on the part of the County facing the kind of cuts in health and human services and the recent letter from the County Administrator stating there are no dollars available for the homeless services which would perhaps assist the residents with the problems they face in the City. He stated the School Districts are seriously considering going to the ballot for additional funding within the next year. He stated, for himself with small children, education is a definite priority. SRCC MINUTES (Regular) 5/4/92 Page 12 SRCC MINUTES (Regular) 5/4/92 Page 13 Mr. Cohen noted that there were points raised in the correspondence received about the nature of a parcel tax, being somewhat a regressive tax, in that it is inequitable in some areas of the City; 2) Concern about the process. A number of people have raised questions about the timing and the manner in which this was placed on the Ballot. He noted he thought that the method by which this was done precluded an open discussion of the issues which he has raised, which he thought was unfortunate. Mr. Cohen stated his main concern was the role of the City and what priority the City is setting. He stated that everyone on the Council was committed to go to their voters to seek additional revenue to do the things they need to do to keep this City running. He stated his concern about how many times they will be able to go to the voters asking for more funds over the next couple of years. He stated that if the Council goes to the voters and the School Districts go to the voters and Council goes a third time for an increase in taxes within the next 2 years it will be a much tougher sale than they are facing now. Mr. Cohen stated he was not opposed to open space acquisition and is not opposed to Measure A, but he is opposed to this Council taking a position when other City Councils, despite individuals' positions, do not take a position. He encouraged the Council to take no stand on Measure A. Mayor Boro stated as far as other Councils go, Belvedere is opposed, Tiburon has supported it, Corta Madera has supported it, Mill Valley has had a complete change in their Council, Kathleen Foote is no longer on the Council. Secondly, the Black Canyon Homeowners' group voted 13 in favor, 6 against and 6 opposed, out of 200 homes. Thirdly, he noted this comes down to truly an issue of vision and what the Council is trying to accomplish and he does not see these things competing. He noted the reason the Open Space District was created 20 years ago was to insure that other competing sources for the tax dollar would not get in the way of the vision group, including the open space in Marin County. He stated this would not take anything away from the mental health budget. He stated he was in attendance at the Federation of Homeowners' meeting when they agreed that it be pulled because of the process and he stated he knew there have been some problems with the process. Mayor Boro noted that because the Board put this on in the way they did, there is an opportunity to go before the voters and get their support. He stated the whole issue was, do they want to continue the vision to continue to acquire open space, not only in Central Marin, but in West Marin, too, and try to complete what was started 20 years ago. Councilmember Breiner stated she supported the stand of having the City go on record supporting Measure A for the reasons stated by Mayor Boro. She asked if the proposal was started by the Open Space District. Mayor Boro responded it started with a survey done by the Open Space District and from the survey there was some support to raise the tax. It was reported to the Board of Supervisors where it sat. Supervisor Giacomini decided to bring this forward several months ago. He stated the voters supported the original Measure A in 1972. Councilmember Breiner stated, again, she was supporting this measure and has given her name to use to show support. She stated that if the Council still feels that it is an important issue that deserves support, they should go on record supporting it. Councilmember Thayer stated she has listened to the arguments brought up for quite a while against this measure which will be on the Ballot and, while she sympathizes with some of the issues, she realizes they need money for housing, education, to resolve the homeless issue, mental health problems, to preserve open space and add to it wherever they can. She stated that because of Proposition 13 and the decline in sales tax, they do not have more money across the board. She stated she does not like seeing competition between the individual needs in the community. She stated she did not think voting for an open space measure and endorsing it as a City is in any way going to bias them against the other issues she mentioned above which are equally as crucial. She stated she would like to go on record endorsing this privately and as an individual. Councilmember Shippey stated he does agree with some of the concerns brought up by Councilmember Cohen and some members of the audience, but he feels this is not a priority setting mode which particular ballot measure comes in which SRCC MINUTES (Regular) 5/4/92 Page 13 SRCC MINUTES (Regular) 5/4/92 Page 14 particular order. He stated that just because this is coming up now, does not mean that they hold this above all other pressing needs in front of the Council. He stated that the fact was the voters of San Rafael have voted, up to and including 1972, for a preservation of open space. Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the Resolution supporting Measure A. RESOLUTION NO. 8662 - IN SUPPORT OF COUNTY MEASURE A, JUNE 2, 1992, TO PROVIDE FUNDING FOR ACQUISITION OF OPEN SPACE AND CONSERVATION EASEMENTS ON AGRICULTURAL LANDS IN MARIN COUNTY AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Cohen 22. REQUEST FOR THE MARIN CENTER FOR PEACE AND JUSTICE TO HAVE A MARCH IN DOWNTOWN SAN RAFAEL SATURDAY, MAY 9, 1992 RE THE KING VERDICT IN LOS ANGELES - File 11-22 Mayor Boro asked Lynn Ralston, the coordinator, to come before the Council. He stated the last demonstration downtown was with Police escort and did not disturb traffic or shoppers. City Manager Nicolai stated she has asked Mr. Ralston if their groups could provide monitors to help contain the demonstrators and not cause a disturbance during the march. She also asked if any of the groups could get a rider on their insurance policies to name the City as co-insured because that is generally what they get through the parade permit process, which was not observed because of time constraints. Ms. Nicolai stated they would stay at Albert Park until approx- imately 1:00 P.M., depending on how quickly the group gets to the Park with a few speakers. She stated there would be some Police Officers at the Park as well to monitor the rally. Councilmember Shippey asked what action were they being asked to take specifically. Mayor Boro explained they were being asked to provide the Police support for this in conjunction with the people who are sponsoring this parade. Mayor Boro asked for an estimate of the cost to the City. City Manager Nicolai replied they did not have an estimate yet. She stated the real cost would be in Police time. Councilmember Breiner asked Mr. Ralston to restate the purpose of the parade. Mr. Ralston stated the purpose was so the people could get out and express themselves and listen to speakers of their community on the issue which was brought up this last week after the verdict in the Rodney King case in Los Angeles, along with the violence all over the Country afterwards. He stated they felt the Country needed a great deal of healing, which was their goal in this demonstration. Councilmember Breiner asked how this would be advertised. Mr. Ralston stated they were going to advertise it as a march and rally for justice. Mayor Boro stated Council was assuming this would be a positive thing and they wanted to prevent what has happened in other cities. Mr. Ralston stated that there was a great deal of rage out in the Country, and he could not guarantee that some of that would not get expressed by people they do not have any control over. He stated he could not guarantee that someone might not show up at their rally and cause trouble, but he stated he would try to do everything within their power to try to exclude those people. He stated their own monitors would watch and work with the Police to make sure that nothing violent would happen. Councilmember Breiner stated many protests start out very friendly and they, too, get out of hand. She stated she thinks they should stress the cooperation and peaceable means more than violence. She stated she was not sure she heard this commitment from Mr. Ralston to prevent violence at all costs. Mr. Ralston asked for more clarification. Mrs. Breiner stated she thought he was not dedicated to make sure this would not get out of hand. Mr. Ralston stated that all the people from their organizations would arrive with no violent intentions whatsoever, but if there would be a notice in the newspaper that there will be a march and rally for justice, he could not guarantee that other people would not come with violent intentions. He stated they fully intend to work with the Police and their own monitors to help keep everything in order. Mayor Boro asked if the rally was being held to express their rage, then that would set the tone. Mr. Ralston assured the Council that this was not the goal of this rally. Mayor Boro stated that if this is being promoted to show support against what happened and to find solutions to improve the criminal justice system as they SRCC MINUTES (Regular) 5/4/92 Page 14 SRCC MINUTES (Regular) 5/4/92 Page 15 go forward. Councilmember Breiner agreed with this and stated this was what she was trying to communicate. Mr. Ralston stated he thought there were people in this community who are feeling very depressed right now and they need to get out and hear some positive remarks about this situation. He stated they are getting many negative images about what has been going on in Southern California and/or San Francisco from the local newspapers. Councilmember Shippey stated he hoped they can focus on a peaceful demonstration. He stated this was done in Terra Linda where the students marched peaceably, but he realized this could go the other way at any time. He stated that there was a negative image of the City in relation to the Rodney King verdict, and he felt it would not hurt to turn this image around with a peaceful demonstration. Mayor Boro stated the issue was not what the City could guarantee to offer, but what the promoters of this parade can offer and sponsor. Mr. Ralston stated the invited speakers for the rally are respected members of this community. Councilmember Breiner asked if some of these responsible people will be stationed along the march route. Mr. Ralston stated the monitors will be along the route of marchers. Councilmember Cohen stated he has known Mr. Ralston for a very long time and has never known him to incite anyone to riot. He suggested to Mr. Ralston that he state their group will do everything in their power to see that this is a nonviolent event. Mr. Cohen stated he thought it was important that they do not let the events of the past few days lead them in the direction of precluding freedom of speech, of assembly and these are important Constitutional rights. Councilmember Thayer agreed with this wholeheartedly. She stated she thought this would be manageable as far as the tone of non-violence. She stated she would not like to see anyone precluded from expressing themselves in a peaceful manner in the streets of San Rafael on a very critical issue. Mayor Boro stated there was no one opposed to this, but their concern was mainly the tone to be set and the liability of the City. He stated he agreed wholeheartedly on the issue of freedom of speech, but would not want to wake up on Sunday to find that there had been a problem with violence in this march. Councilmember Breiner asked Mr. Ralston a question, if they would be willing to let the City Manager review the publicity before it is sent out. Mr. Ralston stated he would send a copy of what has already gone out. Assistant City Attorney Belue stated that this would be a prior restraint and the Council needed to be careful about this. She stated the Council could clearly regulate the time, place and how it will be conducted and check on the insurance risks, but she stated they needed to be careful in this area. Mrs. Breiner asked if the City Manager had some concerns or suggestions, would that be considered prior restraint. Ms. Belue stated they could look at the PR items, but would not have an veto power over this. Mayor Boro summarized that they wanted to see what is going out just to be advised, not to restrain it. Councilmember Shippey moved and Councilmember Breiner seconded, to ask the City staff, in particular the Police Department, to support this nonviolent parade on Saturday, May 9, 1992, down Fourth Street and "B" Street, and the rally at Albert Park. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEMS: I. CITY DEFENSE OF MARIN HUMANE SOCIETY BOARD - File 13-3 x 4-13-54 Councilmember Breiner stated with regard to the issue of the City defending the Marin Humane Society Board, that she was requesting the City Attorney to discuss the approach of handling these issues on a case-by-case basis. She noted that it was her understanding that the City's current position was not to pursue litigation with regard to a "dangerous dog" incident, for example. City Manager Nicolai explained that the Board has taken this as a response to the City saying they would not take a role in defending the Humane Society and staff thinks the County is responsible to do this. She stated the County has stated they will not defend them, so the Humane Society Board, for their own protection, has stated they will not hear the cases. SRCC MINUTES (Regular) 5/4/92 Page 15 SRCC MINUTES (Regular) 5/4/92 Page 16 Ms. Nicolai stated the group of City Attorneys from throughout Marin are working together on trying to find a solution to this dilemma with the County. She stated she believed the City Council would be setting themselves up to be the hearing board for these incidents, if they are done on a case-by-case basis. She noted that if this is done on a case-by-case basis, the Council would then become involved in studying each individual case and making a decision to defend the Board and/or making a decision to overturn or not enforce the Humane Society's decision. She suggested not "leaping" into this at this time until the group of Attorneys study this issue further. Councilmember Breiner agreed with this and stated she feels the Attorneys' group should be encouraged to do this. II. ST. VINCENT de PAUL DINING ROOM - File 9-2 x 10-2 Councilmember Cohen brought an update on this project to the Council's attention. He stated they have been meeting since January, 1992 and the Committee had agreed on two initial phases: 1) Take recommendations on zoning issues; and 2) Work with St. Vincent's on identifying actual locations. He stated the Committee did make a couple of recommendations on regulations of a facility similar to the existing one, and also a definition for day service centers. He stated these issues will be discussed in their meeting Tuesday evening, May 5, 1992. He stated, in addition, there has been a lot of work done on St. Vincent's good neighbor policy and much progress has been made with St. Vincent's willingness to accept the notion that their responsibility extends beyond their own doors, and cutting off people at the door who are unwilling to comply with certain rules of behavior. He noted they were getting a very positive response from the downtown merchants on that issue. Mr. Cohen stated they are also working with St. Vincent's on their strategic planning program so they will know what they really want to do before they identify a site for the dining room, and good progress was being made on this. He stated they are beginning to talk about changing the nature of their operation and having a separate site for women and children. Mr. Cohen stated with regard to the issue of getting neighborhood representatives involved once the site was identified, that now some general areas of the City were identified, he would like to have Tom Olivits, the President of the Federation of San Rafael Neighborhoods, make a presentation to this group himself about the progress of the committee, and possibly ask for a representative to join this committee as one of the neighborhood representatives needed for the committee. Mayor Boro agreed and stated it was a real advantage of having a group of homeowners' associations working together on city-wide issues. He stated there were many issues breaking now that sets the tone for possibly moving the meals out to people instead of having them come to a place for them. III. MOCK COUNCIL MEETING WITH MARIN COUNTY YOUTH COMMISSION - File 127 City Manager Nicolai reported that the mock council meeting put on by the Marin County Youth Commission that morning, May 4, 1992, was very successful. She stated it was filmed with kids' TV which might be used during Youth Recognition Week. She noted that the Farmers' Market opening Thursday, May 7, 1992, would be doing recognition of youth with Mayor Boro being one of the speakers at this function. She stated her appreciation to the Council in meeting with the students and that it did help them do a very good job at the mock council meeting. IV. DOWNTOWN PLAN COMMITTEE - File 140 x (SRRA) R-304 Councilmember Thayer stated the San Rafael High School students who will be meeting at City Hall on Wednesday at 7:00 P.M., May 6, 1992, have done a wonderful job of highlighting some of the features of San Rafael for this meeting. There being no further business, the meeting was adjourned at 10:20 P.M. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1992 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 5/4/92 Page 16