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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. SRCC MINUTES (Regular) 3/6/89 Page 1 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. SRCC MINU`T'ES (Regular) 3/6/89 Page 2 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. SRCC MINUTES (Regular) 3/6/89 Page 3 SRCC MINUTES (Regular) 3/6/89 Page 4 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 SRCC MINUTES (Regular) 3/6/89 Page 5 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 SRCC MINUTES (Regular 3/6/89 Page 6 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 SRCC MINUTES (Regular) 3/6/89 Page 7 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