HomeMy WebLinkAboutCC Minutes 1989-03-06SRCC MINUTES (Regular) 3/6/89 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, ON MONDAY, MARCH 6,
1989 AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No litigation was discussed.
1. No. 89-4 (a) - V. No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 6, 1989
AT 8:00 PM.
Regular Meeting:
San Rafael City Council Present: Lawrence E. Mulryan, Mayor
Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Joan Thayer, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Tessie Belue, Assistant
City Attorney; Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Item
2. Approval of Minutes of Regular
Meeting of February 21, 1989 (CC)
3. Extension of Contract with
Bryan and Murphy and Forsher +
Guthrie for Consultant Planning
Services (Pl) - File 4-3-185
4. Renewal of Memorandum of Under-
standing with ORCA Swim Club
(Rec) - File 4-10-172
6. Affirmations of Confidentiality
of Closed Sessions: (CC)
File 9-1-2
a. Tessie Belue,
Assistant City Attorney
b. Mary Casey,
Deputy City Attorney
c. Suzanne Golt,
Assistant to the City Manager
7. Call for Applications Due to
Expiration of Terms of Fire
Commissioners Clifford P. Elbing
and Lane Fye, Chairman (CC) -
File 9-2-5
8. Resolution in Support of Freedom
of Information Day, March 16,
1989 (Lib) - File 102 x 9-3-61
Recommended Action
Approved as submitted.
RESOLUTION NO. 7919 - AUTHORIZING
EXTENSION OF CONSULTANT AGREEMENTS
WITH BRYAN AND MURPHY ASSOCIATES,
INC., AND FORSHER + GUTHRIE, TO
JUNE 30, 1989.
RESOLUTION NO. 7920 - AUTHORIZING
THE SIGNING OF RENEWAL OF AGREEMENT
WITH TERRA LINDA ORCA SWIM CLUB/1989
( for one year) .
Accepted reports.
Approved staff recommendation
to: a) Call for applications to
fill two 4 -year terms to expire
end of March, 1993, with deadline
for receipt of applications Tuesday,
March 28, 1989 at 12:Noon in City
Clerk's Office; b) Set date for
interviews of applicants, including
incumbents, at a Special Council
meeting on Monday, April 3, 1989
at 6:30 PM.
RESOLUTION NO. 7921 - RESOLUTION
IN SUPPORT OF FREEDOM OF INFORMATION
DAY, MARCH 16, 1989.
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SRCC MINUTES (Regular) 3/6/89 Page 2
9. Report on Bid Opening and Award
of Bid for Swimming Pool Cover,
Storage Reel and Cover Blanket
for Use by the Terra Linda
Recreation Center (GS) -
File 4-2-235
11. Claims for Damages:
a. Robert K. Clark (PD)
Claim No. 3-1-1381
b. Peter Stragnola (PW)
Claim No. 3-1-1384
AYES: COUNCILMEMBERS: Boro,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION NO. 7922 - AUTHORIZING
PURCHASE OF SWIMMING POOL COVER,
STORAGE REEL AND COVER BLANKET
FOR STORED POOL COVER ON REEL
FOR USE AT TERRA LINDA SWIMMING
POOL, FROM McBALL INDUSTRIES,
INC., OF OAKLAND, CALIFORNIA
(Recreation Center, in amount
of $8,976.14)
Approved City Attorney's
recommendations for denial
of claims a & b.
Breiner, Frugoli, Thayer & Mayor Mulryan
5. RESOLUTION OF APPRECIATION TO PEACOCK GAP GARDEN CLUB COMMEMORATING
ARBOR DAY CELEBRATION MARCH 10, 1989, PLANTING OF TREES AT PICKLEWEED
PARK IN THE PLAYGROUND AREA (PW) - File 102 x 109
RESOLUTION NO. 7923 - RESOLUTION OF APPRECIATION TO PEACOCK GAP GARDEN
CLUB (FOR AN ARBOR DAY TREE PLANTING PROJECT
IN THE PLAYGROUND AREA OF PICKLEWEED PARK)
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Mulryan presented the Resolution of Appreciation to Sandra
Sellenger, Representative of the Peacock Gap Garden Club, who invited
Councilmembers to attend the Arbor Day Tree Planting ceremony on March
10, 1989 at Pickleweed Park at 9:30 AM.
10. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
Councilmember Breiner asked staff: 1) To look into AB 918 - Permitting
Mobile Home Park Management to limit occupancy to a minimum of 200
square feet per occupant. She hoped this was not to get around a ruling
that the parks could not discriminate against families with children,
asking Council to oppose this. 2) Re AB 4365 (Corteze) - DMV having
ability to refuse to issue a renewed driver's license to a person
who failed to appear regarding an abandoned vehicle citation. She
suggested Council go on record as supporting this. Staff to come back
with analyses to Council at a later meeting.
Councilmember Frugoli referred to the issue of Semi-automatic and
automatic weapons, (Roberti's Senate Bill and Roos' AB 357), and asked
staff to bring these back for Council action and requested Council
support the ban on these weapons.
Councilmember Breiner moved and Councilmember Thayer seconded, to
approve recommendations to: OPPOSE AB 160 (Mountjoy) Redevelopment.
Use of Eminent Domain. OPPOSE S210 (Moynihan D -NY) Mandatory Social
Security for State and Local Employees. SUPPORT AB 8 (Floyd) Mandatory
Motorcycle Helmets.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. PUBLIC HEARING - BOARD OF APPEALS HEARING - 1301-1311 FOURTH STREET
RE ABATEMENT OF DANGEROUS BUILDING (PW) - File 3-3-44
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi reported that the plan check has been
completed, indicating the architects will be getting back to staff
on staff's comments. He noted the owners signed a contract with a
general contractor on March 1, 1989 and work is planned, weather per-
mitting. Staff anticipates issuing a permit by March 13, 1989 and
the contractors will have 30 days in which to start construction.
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SRCC MINUTES (Regular) 3/6/89 Page 3
Mr. Bernardi suggested that Council continue the public hearing to
March 20, 1989.
Member Thayer moved and Councilmember Boro seconded, to continue the
public hearing to March 20, 1989.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING CHAPTER 2.16, SECTION
2.16.028 OF THE SAN RAFAEL MUNICIPAL CODE REGULATING USE OF SKATEBOARDS
IN PARKS (Rec) - File 9-3-65 x 9-3-66
Mayor Mulryan declared the public hearing opened.
Recreation Director McNamee stated the Park and Recreation Commission
recommends that the City's Municipal Code be amended to allow posting
of signs prohibiting skateboarding in certain areas. She noted an
immediate problem is occurring at Albert Park where several park benches
have been abused by young people riding skateboards on the benches.
Ms. McNamee hoped the signs will discourage skateboarders from damaging
public property. Ms. McNamee stated she has been pursuing a site for
skateboarding but noted the City's insurance is not in agreement that
the City become involved; therefore, Ms. McNamee said she is working
with the Police Activities League and the local Boy Scouts Headquarters
in finding other ways to develop a facility for skateboarding.
Mr. Cyr Miller, resident of San Rafael and owner of Smoothill Sports,
a distributor of skateboards, complimented the Recreation Department
for their positive outlook at skateboard users, and stated he preferred
not to legislate prohibition, but instead, change the physical environ-
ment prohibiting skateboarding. He suggested having interior armrests
placed on the benches at Albert Park making it impossible for skate-
boarders to slide on the benches. Mr. Miller preferred having posted
signs directed to the problem, which is obstruction of property and
not skateboarding. In conclusion, he offered the Recreation Department
and City, all the resources Smoothill Sports could provide to research
this matter.
There being no further comments, Mayor Mulryan closed the public hearing.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
SECTION 2.16.028 OF THE SAN RAFAEL MUNICIPAL CODE REGULATION OF USE
OF PARK AND/OR RECREATION FACILITIES" (Re Prohibition of Skateboarding
in Designated Parks)
Councilmember Frugoli 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. 1559 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Boro directed Ms. McNamee to look at other park facilities
to see if some of the deterrents mentioned, could be utilized.
14. REPORT ON CAPITAL IMPROVEMENT PROJECTS LIST (PW) - File 8-5 x 9-3-40
City Manager Nicolai submitted a list of Capital Improvement Projects
in priority order, outlining how this is to be achieved with the break-
down of each project as individually evaluated.
Council complimented staff for the thorough report.
RAFAEL MEADOWS
Councilmember Thayer referred to "Urgent" - "Damage to Private Property
in excess of $10,000 (inadequate storm drain is causing flooding on
private property)", and asked why the Rafael Meadows project was ranked
low, citing the amount of flooding that has taken place in people's
homes.
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Public Works Director Bernardi stated as it compares to the other
needs it simply fell out that way but indicated it does not lower
the urgency in this particular area; however, he said there are other
needs that rank higher. In response to Mayor Mulryan's question concern-
ing other funding, Mr. Bernardi said this area has a Flood Control
District but their ability to raise funds is precluded because of
Proposition 13.
BOYD HOUSE
Councilmember Frugoli referred to the chimney structural repair at
Boyd House which caused the facility to be shut down. He noted this
is a historical site for Marin County, indicating the County should
be approached for some funding to assist in having the chimney repaired
so that the facility may be reopened.
City Manager Nicolai stated staff sent a grant proposal into the office
of Historic Preservation a month ago, adding letters have also been
written to Senator Marks and Assemblyman Filante requesting their
support, noting this is specifically for seismic repairs.
CITYWIDE STREETS RESURFACING
Councilmember Boro stated his concern regarding the priority given
to Citywide Street Resurfacing each year. He hoped something further
could be done, citing problems are increasing that would eventually
cause a major long term problem.
CITY HALL ROOF REPAIR
In response to Councilmember Boro's question on the roof repair at
City Hall, Mr. Bernardi stated the roof for the City Hall portion
has been repaired but indicated that the roof over the Council Chambers
remains to be done.
MAPPING
In response to question regarding mapping by Councilmember Thayer,
Mr. Bernardi stated Council recently authorized mapping of the Terra
Linda Valley, noting the topography maps should be ready in two months.
Ms. Nicolai stated a more detailed estimate of costs for this Capital
Improvements list should be ready prior to or by budget time.
Councilmember Breiner moved and Councilmember Frugoli seconded, to
accept the staff report.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. REPORT ON PEACOCK GAP COMMUNITY PARK CONSTRUCTION (PW) - File 4-3-135
x 6-37
Public Works Director Bernardi stated he met with Messrs. Terry Mason
and Dick Selig to review the history of the preparation of the Master
Plan, giving them a starting point for discussions, including cost
summary. A meeting was then held with the Peacock Gap community and
Mr. Bernardi suggested they should get together with the people who
worked on the Master Plan, Mary Carpou, Bob Winkler and others who
are interested, to work out what they would be content with on how
the project would be phased in accordance with the Plan. Mr. Bernardi
stated he spoke with Brian Wittenkeller today, and given what has
been done on the site, the balance of the funds remaining should be
used toward construction for the rest of the park, including the turf.
Mr. Bernardi stated the question of ongoing maintenance remains, and
a report by Parks Superintendent Jerry Hyde shows that the man-hours,
equipment costs, water and electric bills, are close to $100,000.
He noted $47,000 has already been paid to Marin Municipal Water District
for water, but that a discussion should be held on whether a turf
system should be installed because of the drought, noting it takes
a lot of water to establish the turf at the beginning. He mentioned
a meter has been installed for the purpose of irrigating trees.
SRCC MINUTES (Regular) 3/6/89 Page 4
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Terrill Mason, Attorney on behalf of the Peacock Greens Homeowners'
Association, stated they want the construction of the park to begin.
Mary Carpou, Chairman of the Development Committee at Peacock Gap,
stated their association has not been contacted about the development
of the park. She noted it was through the efforts of the Peacock Gap
Homeowners' Association that the park is there and it was through
their work that the seven acres were given, and she feels they should
be included in planning the park and asked that they be notified of
future meetings.
Jim Finklestein, resident of Peacock Greens spoke on what they expect
to have done on the park, and asked that the City Council support
and direct staff to make this happen as quickly as possible.
After further discussion, Councilmember Breiner moved and Councilmember
Frugoli seconded, to accept the staff report and also directed staff
to work with the homeowners to determine what items of work can be
implemented for the park between now and the end of the year, keeping
in mind the drought problem. Staff to also review what has been done,
whether it was done according to specifications, and that this data
be brought back to Council within one month if not sooner.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. REPORT ON MARIN HOMELESS SHELTER COMMITTEE (CM) - File 13-16
Assistant to the City Manager Golt stated the staff report is a brief
overview of the Marin Homeless Shelter Committee's activities to date,
what is planned for the future and information about the City's concern
in having a permanent shelter within the San Rafael City limits. She
noted the committee sought the Governor's approval for the use of
the National Guard Armory in San Rafael as a temporary shelter for
the homeless from December 1988 through the end of March, 1989. She
noted the committee voted to continue to solicit the Governor's support
to allow use of the Armory for an additional 90 days as they continue
working on getting a permanent shelter located in the County. Ms.
Golt pointed out the committee now supports having temporary modular
units in Marin, and they are targeting San Rafael as a potential site,
noting they would need one quarter of an acre. She said San Rafael
was selected because the city has approximately 75 to 150 homeless
people each night, according to the Marin Housing Center.
Mayor Mulryan asked whether the City Attorney's office was working
on obtaining the law which states that abandoned property, under some
Federal law, should be made available for homeless usage, and mentioned
the Hamilton site.
Ms. Golt responded the committee has not discussed the Hamilton site
as an option, but indicated they continue to look into other possible
sites, noting she believed they have centered in on San Rafael as
being the logical spot for such a shelter.
Mayor Mulryan stated if a needs analysis is done including what San
Rafael has done, the committee might come up with a different response.
Councilmember Frugoli stated San Rafael should not be the only site
considered, noting some of the homeless people who are using the armory
come from other areas.
Ms. Golt agreed the statistics warrant further looking into, noting
this is the time the Committee should be examining other sites, such
as Novato, Corte Madera, San Rafael and central Marin areas that might
be suitable.
Councilmember Boro commented that San Rafael is the only city that
provides any services and asked staff for the services the City does
provide, from the soup kitchen to the house in the Canal area and
all other facilities we have. He noted this is a Countywide problem
and not just a San Rafael problem, and the responsibilty should be
shared by the entire community.
Councilmember Thayer asked that a comparison be done of what San Rafael
has in terms of social agencies that provide services as opposed to
other communities.
SRCC MINUTES (Regular) 3/6/89 Page 5
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After further discussion, Councilmember Boro moved and Councilmember
Thayer seconded, to accept the report and appoint Councilmember Breiner
to serve on the Marin Homeless Shelter Committee.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Boro mentioned the City of Novato should have a City
Council representative on the Marin Homeless Shelter Committee.
Ms. Golt stated they will try to secure the involvement of Novato
and other cities who have representatives but who have not been active
participants on the committee.
17. REPORT ON WATER CONSERVATION MEASURES(CM) - File 151 x 9-3-40
Mayor Mulryan stated he was very impressed with how well positioned
San Rafael is in preserving water, indicating measures taken in previous
droughts were still in place and noting apart from the power cost
to operate the wells, the City is in a position to heed the 35 percent
cutback as ordered by the Marin Municipal Water District.
City Manager Nicolai stated staff is trying to get information from
the Marin Municipal Water District on each meter and how much the
usage is. She noted staff is in the process of testing the wells and
equipment, and that even though some of the equipment has not been
used for 10 years, the majority was still operational.
Ms. Nicolai stated staff wants to test a well in the Bret Harte area
which was never used, and if it tests to produce a significant amount
of water they want to have an aerial tank at that location. She explained
pumping water from the well is a slow process noting if they are trying
to fill equipment such as a tanker truck or fire pumper, it would
be a long labor intensive process. She said an aerial tank would allow
the water to be pumped up during the night and has a greater velocity
in filling the equipment and could then be transported to other locations
to irrigate the islands. The ground tank could be placed at the Corpor-
tion Yard and be filled to do any of the preliminary morning fillings
of the (sewer) vactor and street sweepers and for vehicle cleaning.
Ms. Nicolai stated they need to find out the availability of aerial
tanks, noting the tanker truck leased now is not of adequate size
to handle what staff thinks would be needed for the period of the
drought. She said they want to pursue the acquisition of an aerial
tank, but noted she would need to come back to Council at the next
meeting asking to waive the bid process.
Public Works Director Bernardi stated there always is a contractor
who would be willing to buy the aerial tank back, and noted they would
not lose much in purchasing a used water tanker truck as opposed to
renting one.
In response to Councilmember Breiner's suggestion of using reclaimed
water, Ms. Nicolai stated whether there is a drought or not, staff
uses a water tanker to irrigate with reclaimed water a lot of the
islands and parkways every year without a drought, because there are
no sprinkler systems in place. She noted they are careful in using
reclaimed water, particularly from the Las Gallinas Valley Sanitary
District, which can be used in some of the equipment, but said that
the salt content in Central Marin's reclaimed water is too high and
cannot be used.
Councilmember Breiner moved and Councilmember Boro seconded, to accept
the staff report.
AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved that the City not run the fountain at
City Hall to keep in the spirit of the water conservation mode.
Motion died for lack of a second.
SRCC MINUTES (Regular) 3/6/89 Page 6
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Mrs. Sandra Sellenqer, stated she agreed with Councilmember Breiner's
motion that the City not run the fountain at City Hall.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
RE: EMBASSY SUITES BUILDING PERMIT - File 5-1-312 x 10-2 x 10-7
Mr. Bob Tonjes, resident of Corte Madera, asked Council to rescind the
Building Permit issued to build the Embassy Suites Hotel, noting the permit
was issued without what the City normally requires as satisfaction of
the Building codes, stating it would be to the detriment of about 20 to
50 builders in all of the Marin cities who will not be able to get their
water in time because of allocation imposed by the Marin Municipal Water
District. He stated if the Council fails to rescind the permit, he would
file a Temporary Restraining Order to sort out the Building Permit and
to obtain the water rights back to the 20 to 50 other people.
There being no further business, the meeting was adjourned at 9:20 PM.
JEANN .LEONCINI,\City Clerk
APPROVED THIS DAY OF 1989
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 3/6/89 Page 7