HomeMy WebLinkAboutCC Agenda 2001-08-20 REVISED(Councilmember Phillips absent from meeting) ACTION AGENDA
REVISED
AGENDA
SAN RAFAEL CITY COUNCIL MEETING — MONDAY, AUGUST 20, 2001
(WITH SUPPLEMENTAL INFORMATION FOR COUNCILMEMBERS)
COUNCIL CHAMBER, CITY HALL, 1400 FIFTH AVENUE, SAN RAFAEL, CALIFORNIA
Members of the public may speak on Agenda items.
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM
Mayor Boro announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM:
a) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing, et al. v. City of San Rafael, et al.
U.S. District Court, Northern Dist. of CA, Case No. C003785
b) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: Novato Professional Firefiahters' Association. et al. v. Marin Countv Emolovees
Retirement Association, Board of Retirement of the County of Marin, et al.
Marin County Superior Court, Case No. CV995951
c) Conference with Labor Negotiator (GC §54957.6)
Negotiator's Name: Daryl Chandler
Employee Organization: Fire Association
City Attorney Gary Ragghianti announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
8:07 PM
a) MHC — Contempo Marin:
Mayor Boro stated that as discussed with Mr. Tom Davis, resident Contempo Marin, while residents
were welcome to speak this evening, he would limit comments to a combined fifteen minutes, in
anticipation of a full hearing on this subject at the City Council Meeting of September 17, 2001.
The following addressed the City Council urging them to reconsider the settlement agreement with
MHC (Manufactured Homes Corporation) and represent them in their defense of the entire rent
control ordinance, to disallow vacancy decontrol. 339 signed letters in support of this action were
presented to Council.
Berry Mattea, President Contempo Marin Homeowners Association;
Marie Schooley, Contempo Marin;
Barbara Annis, 391 Bryce Canyon Road, Contempo Marin;
John Dohn, homeowner, Contempo Marin;
Wendy Miller, resident, Contempo Marin;
Stan Winston, retiree and resident, Contempo Marin;
Jeanmarie Grieco -Kolb, 28 Yosemite Rd. Contempo Marin;
b) R.V. Park of San Rafael:
Malcolm Hall stated he has resided at the R.V. Park of San Rafael for ten years, under rent control,
and addressed the Council in support of the Contempo Marin residents, offering his assistance.
c) Canalways:
Brian Sheedy, together with Jill Caire, representing the Baypoint Lagoons Residents Committee,
wished to alert the City to the many problems arising relating to the large wetland property, namely
the Canalways, which borders on the south and north sides of Shoreline Park, including fires,
homeless encampments, noise and dust from speeding vehicles, dogs chasing, and sometimes
killing, wildlife, etc.
American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or
(415) 485-3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon
request.
Public transportation is available through Golden Gate Transit, Line 20 or 23. Paratransit is available by calling
Whistlestop Wheels at (415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing,
individuals are requested to refrain from wearing scented products.
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Proposed solutions put forward were:
♦ The entire area could be fenced, preventing access;
♦ The property could be allowed to remain wet rather than pumped dry;
♦ The property could be posted, and if so, Lieutenant Kelly, San Rafael Police Department, has
assured them that trespassers could be removed from the property.
City Manager Gould stated this matter could be brought to the Health and Safety Committee, which
is Chaired by Code Enforcement and involves Police, Fire, Public Works, and the City Attorney's
Office, to determine whether there is a public nuisance abatement action which could be taken
against the property owners. Staff would also meet with the property owners to apprise them of the
situation and seek their cooperation in effecting a solution.
Mayor Boro inquired if some of the suggestions put forward could be pursued and the homeowners
contacted. City Manager Gould concurred.
d) 1476 Lincoln Avenue:
The following addressed the City Council on the issue of frequent rent increases at this property,
Oak Creek Apartments, urging control of spiraling rent increases presently taking place in San
Rafael. As the voluntary agreements signed by rental property owners have failed, it was suggested
Council meet in emergency session tomorrow evening to declare a six-month moratorium on rent
raises and roll back the increase on this Lincoln Avenue property:
Herb Hendrickson and Ilene Snitkoff, residents;
Coleman Persily, Sam DiGiacomo
CONSENT CALENDAR:
RECOMMENDED ACTION:
ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED APPROVAL OF THE
BY ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A FOLLOWING ACTION:
PARTICULAR ITEM:
2. Call for Applications to Fill One Unexpired Term on the San Rafael Approve staff
Park and Recreation Commission with Term to Expire End of May recommendation.
2002 (CC)
Approved staff recommendation:
a) Called for applications to fill one unexpired term on the San Rafael Park and Recreation
Commission to expire the end of May, 2002;
b) Set deadline for receipt of applications Tuesday, September 18, 2001 at 12:00 Noon in the
City Clerk's Office, Room 209, City Hall; and
c) Set date for interviews of applicants at a Special City Council meeting to be held on
Monday, October 1, 2001, commencing at 6:30 p.m.
(Councilmember Phillips absent.)
3. Request for Amicus Participation: (CA) Approve amicus participation.
Case Name: Barden v. City of Sacramento
U.S. Court of Appeals, Docket No. 01-15744
Approved amicus participation. (Councilmember Phillips absent.)
4. Resolution of Appreciation to Alzheimer's Association, North Bay Adopt Resolution.
Chapter, and Declaring the Week of September 23 d as Alzheimer's
Awareness Week (CM)
ADOPTED RESOLUTION NO. 10900 - RESOLUTION OF APPRECIATION TO ALZHEIMER'S
ASSOCIATION, NORTH BAY CHAPTER, AND DECLARING THE WEEK OF SEPTEMBER 23RD
AS ALZHEIMER'S AWARENESS WEEK (Councilmember Phillips absent.)
5. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approve final adoption of
NO. 1770 — An Ordinance of the City of San Rafael Amending the Ordinance No. 1770.
Zoning Map to Reclassify Certain Real Property from Planned
Development (PD) District to a Revised PD District with Adopted
Single -Family Residential Zoning Regulations to Allow
Development of 15 Single -Family Homes, a Private Open
Space/Park Buffer, and Retention of the Historic Chapel with
Related Parking at 1115 Point San Pedro Road (APN 184-052-08)
(ZC00-04) (Re: Chapel Cove Residential Development) (CD)
Approved final adoption of Ordinance No. 1770. (Councilmember Cohen abstaining due to
absence from meeting of 8/6/01) (Councilmember Phillips absent.)
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CONSENT CALENDAR (Cont.):
6. SECOND READING AND FINAL ADOPTION OF ORDINANCE
NO. 1771 — An Ordinance of the City of San Rafael Amending the
Zoning Map of the City of San Rafael, California, Adopted by
Reference by Section 14.01.020 of the Municipal Code of San
Rafael, California, so as to Reclassify Certain Real Property from
Marine, Marine -Canal Overlay and Water (M, M -C and W) District to
Marine Commercial -Canal Overlay and Water (MC -C, W) District
(ZC01-01) (171-181 Third Street Shopping Center and 201 Third
Street) (APNs 014-161-22 and 23; 014-151-11) (CD)
RECOMMENDED ACTION:
Approve final adoption of
Ordinance No. 1771.
Approved final adoption of Ordinance No. 1771. (Councilmember Cohen abstaining due to
absence from meeting of 8/6/01) (Councilmember Phillips absent.)
7. Resolution Authorizing the Mayor to Execute Two Agreements re Adopt Resolution.
the Education Resource Center at 2955 Kerner Boulevard: (Lib)
a) Agreement with the County of Marin to Coordinate Adult
Education Services at the Education Resource Center; and
b) Agreement with the College of Marin and the County of Marin
for Instructional Support of the Education Resource Center
ADOPTED RESOLUTION NO. 10901— RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
TWO AGREEMENTS RE THE EDUCATION RESOURCE CENTER AT 2955 KERNER
BOULEVARD:
a) AGREEMENT WITH THE COUNTY OF MARIN TO COORDINATE ADULT EDUCATION
SERVICES AT THE EDUCATION RESOURCE CENTER; AND
b) COOPERATIVE AGREEMENT WITH THE COLLEGE OF MARIN AND THE COUNTY OF
MARIN FOR INSTRUCTIONAL SUPPORT OF THE EDUCATION RESOURCE CENTER
(Councilmember Phillips absent.)
8. Resolution Authorizing the Mayor to Execute an Agreement Adopt Resolution.
Between the City of San Rafael and Sreedharan Vijayarangam
Regarding Future Annexation of Real Property, 352 Summit
Avenue, APN 016-021-35, to the City of San Rafael (PW)
ADOPTED RESOLUTION NO. 10902— RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
AN AGREEMENT BETWEEN THE CITY AND SREEDHARAN VIJAYARANGAM REGARDING
FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 352 SUMMIT AVENUE,
APN 016-021-35 TO THE CITY OF SAN RAFAEL (Councilmember Phillips absent.)
9. Report on Bid Opening and Adoption of Resolution Awarding Adopt Resolution.
Contract to Ghilotti Bros., Inc. re Street Resurfacing 2000/2001;
Project No. 006-4069-642-8000 and 006-4069-721-8000 (Bid
Opening Held on Monday, August 13, 2001) (PW)
ADOPTED RESOLUTION NO. 10903 — RESOLUTION AWARDING CONTRACT FOR STREET
RESURFACING 2000/2001 TO GHILOTTI BROS., INC. IN THE AMOUNT OF $914,887.62
(lowest responsible bidder.) (Councilmember Phillips absent.)
10. Report on Bid Opening and Adoption of Resolution Awarding Adopt Resolution.
Contract to Ghilotti Bros., Inc. re N. San Pedro Rd. and Civic Center
Dr. Improvements; Project No. 047-4710-660-8000; Federal Aid
Project No. STPL 5043-(012) (Bid Opening Held on Tuesday,
August 14, 2001 at 10 a.m.) (PW)
ADOPTED RESOLUTION NO. 10909 — RESOLUTION AWARDING CONTRACT FOR N. SAN
PEDRO RD. AND CIVIC CENTER DR. IMPROVEMENTS TO GHILOTTI BROS., INC. IN THE
AMOUNT OF $858,888.20 (lowest responsible bidder.) (Councilmember Phillips absent.)
11. Resolution Authorizing an Additional Street Closure of Downtown Adopt Resolution.
City Streets in Connection with the San Rafael Cycling Classic on
Saturday, September 8, 2001 (RA)
ADOPTED RESOLUTION NO. 10904 — RESOLUTION AUTHORIZING AN ADDITIONAL STREET
CLOSURE OF DOWNTOWN CITY STREETS IN CONNECTION WITH THE SAN RAFAEL
CYCLING CLASSIC FROM 6:00 P.M. FRIDAY, SEPTEMBER 7, 2001 UNTIL 7:00 P.M.
SATURDAY, SEPTEMBER 8, 2001 (Councilmember Phillips absent.)
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CONSENT CALENDAR (Cont.): RECOMMENDED ACTION:
12. Resolution Authorizing Street Closures for the Brewfunk on Adopt Resolution.
Saturday, September 22, 2001 (RA)
ADOPTED RESOLUTION NO. 10905 — RESOLUTION AUTHORIZING THE TEMPORARY
CLOSURE OF CITY STREETS FOR THE SAN RAFAEL BREWFUNK ON SATURDAY,
SEPTEMBER 22, 2001 FROM 9:00 A.M. TO 7:00 P.M. (Councilmember Phillips absent.)
13. Resolution Authorizing Street Closures for the Ritter House Block Adopt Resolution.
Party Dedication of their new Day Service Center on Sunday,
September 23, 2001 (RA)
ADOPTED RESOLUTION NO. 10906 — RESOLUTION AUTHORIZING THE TEMPORARY
CLOSURE OF A CITY STREET FOR THE RITTER HOUSE BLOCK PARTY ON SEPTEMBER 23,
2001 FROM 12:00 P.M. TO 3:00 P.M. (Councilmember Phillips absent.)
14. Resolution Authorizing Street Closures for the International Food Adopt Resolution.
and Art Festival on Saturday, September 29, and Sunday,
September 30, 2001 (RA)
ADOPTED RESOLUTION NO. 10907— RESOLUTION AUTHORIZING THE TEMPORARY
CLOSURE OF CITY STREETS FOR THE INTERNATIONAL FOOD AND ARTS & CRAFTS
FESTIVAL FROM SATURDAY, SEPTEMBER 29, 2001 AT 4:00 A.M. TO SUNDAY, SEPTEMBER
30, 2001 AT 8:00 P.M. (Councilmember Phillips absent.)
15. Resolution Authorizing Street Closures for the Bananas at Large Adopt Resolution.
Music Festival on Saturday, October 13, 2001 (RA)
ADOPTED RESOLUTION NO. 10908— RESOLUTION AUTHORIZING THE TEMPORARY
CLOSURE OF A CITY STREET FOR THE BANANAS AT LARGE MUSIC FESTIVAL ON
OCTOBER 13, 2001 FROM 8:00 A.M. TO 8:00 P.M. (Councilmember Phillips absent.)
SPECIAL PRESENTATION:
16. Presentation of Resolution of Appreciation to Alzheimer's Association, North Bay Chapter, and
Declaring the Week of September 23 d as Alzheimer's Awareness Week(CM)
Mayor Boro presented Resolution of Appreciation to Bob Stockwell, former member of Marin
County Board of Supervisors, representative for Alzheimer's Association, North Bay Chapter,
and declared the week of September 23rd as Alzheimer's Awareness Week.
PUBLIC HEARING:
17. Public Hearing — Consideration of Archaeological Resource Protection Ordinance re New
Regulations and Procedures for Protection of Archaeological Resources. Certain Lands and
Geographic Areas Within the City of San Rafael Contain Significant Archaeological Resources,
which Include Deposits and Remains Left by the Local Native Americans and Other Early
Inhabitants. Without Proper Regulations and Monitoring, Continued Excavation and Grading Could
Significantly Impact These Resources; City of San Rafael, Applicant (CD)
Mayor Boro opened the Public Hearing and continued it to the City Council Meeting of
October 1, 2001, at the request of staff. (Councilmember Phillips absent.)
COUNCIL CONSIDERATION:
OLD BUSINESS:
18. Request for Approval of Disbursement of the 2000 State Park Bond Act Per Capita Funds and
Approval of the Playground Safety Strategy (CS)
a) ADOPTED RESOLUTION NO. 10910 — RESOLUTION APPROVING THE DISBURSEMENT OF
THE STATE PARK BOND ACT FUNDS AND THE PLAYGROUND SAFETY STRATEGY
(Councilmember Miller disqualified himself due to potential conflict of interest.)
Councilmember Phillips absent.)
b) Develop funding each year to maintain neighborhood parks on a regular basis.
b) Park and Recreation Commission directed to work with staff over the next year to put
together a Matrix of parks, demonstrating recent actions and funding sources, and
identifying and prioritizing needs throughout the City.
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COUNCIL CONSIDERATION
OLD BUSINESS:
19. Report on Bid Opening for the Terra Linda Pool Rebuild Project and Resolution Awarding the
Contract to Western Water Features, in the Amount of $1,263,000 (PW)
a) ADOPTED RESOLUTION NO. 10911 — RESOLUTION AWARDING THE CONTRACT FOR
TERRA LINDA POOL REBUILD, PROJECT NO. 620-6601-495-8000, TO WESTERN WATER
FEATURES, IN THE AMOUNT OF $1,263,000 (lowest responsible bidder.) (Councilmember
Phillips absent.)
b) Approved staff recommendation for additional funding to cover the discrepancy between
the low bid and the Engineer's Estimate;
c) Additional $110,000 loan from the General Fund to be repaid from any future Park &
Recreation facility fees.
d) Staff to evaluate cost of equipment for use by ORCA Swim Club and explore loan options
whereby ORCA families would pay for the competitive swim equipment.
NEW BUSINESS:
20. Resolution Authorizing Waiver of Planning Application Fees for Marin Alano Club, 1360 Lincoln
Avenue (CD)
ADOPTED RESOLUTION NO. 10912 — RESOLUTION WAIVING PAYMENT OF FEES FOR THE
USE PERMIT APPLICATION (UP01-14) FOR MARIN ALANO CLUB; APN 011-145-07
(Councilmember Phillips absent.)
COUNCILMEMBER REPORTS:
21. None.
ADJOURNMENT: 10:10 PM
Mayor Boro then announced that the City Council was going back into Closed Session.
CLOSED SESSION HELD.
OPEN SESSIONI:
ADJOURNMENT: 10:40 PM announced by Mayor Boro, with no reportable action taken.
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