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HomeMy WebLinkAboutCC Minutes 2000-03-06SRCC MINUTES (R-aular) 3/6/2000 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MARLri 6, 2000 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Vice -Mayor Paul M. Cohen, Councilmember Cyr N. Miller, Councilmember Gary 0. Phillips, Councilmember Also Present: Kenneth Nordhoff, Assistant City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - COUNCIL CHAMBER - 7:00 PM Mayor Boro announced Closed Session items. CLOSED SESSION: 1. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to litigation pursuant to Government Code Section 54956.9(b) One (1) Case City Attorney Gary Ragghianti announced no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM RE: MTBE GASOLINE ADDITIVE - File 13-12 x 13-1 x 13-4 Charlie Peters, Founder and President of the Clean Air Performance Professionals Coalition, distributed documents to the Council. One was a letter that would be in Hemming's Motor News in April, entitled "MTBE On Fire", which gives an update of some of the things they have seen happening across the Country. The other was a document e- mailed to Mr. Peters by the City of Vacaville, which included a Resolution of the City of Vacaville putting forth their concerns and interest in the fuel oxygenate MTBE. In addition, there was a list of support for eliminating MTBE, which included then Governor Pete Wilson, the California Environmental Protection Agency, and State officials, as well as oil companies. Mr. Peters noted he had also included a CNN news article concerning Robert Perciasepe, EPA Assistant Administrator, who also indicated it was appropriate to take action regarding MTBE because of the groundwater situation. Mr. Peters stated he had found an article in a Lake Tahoe newspaper entitled, "MTBE Ban Could Be a Reality at Tahoe". Quoting from the article, he read, "The Ordinance probably could not say it more bluntly. Fuel containing MTBE, methyl tertiary butyl ether, is hereby banned from sale in the Lake Tahoe Basin of El Dorado County, states the draft of a new underground storage Ordinance". Mr. Peters noted the draft states any violation of that, or any rule in the Ordinance, would result in fines or jail time, and could mean the immediate closure of a gasoline service station. Mr. Peters stated the group he represents has taken the position that oxygenates in gasoline should be made voluntary. He explained that the Federal Clean Air Act and the EPA had a mandate to use oxygenates; however, it was his group's impression that the City of San Rafael did not have a mandate for oxygenates. He noted they were not proposing to tell Council what the City should do, they wished only to state that this seemed to be a very significant issue nationally, causing much concern, and they wanted to share what information they had with the City. Mayor Boro asked City Manager Gould to provide a brief update of what the City has done so far regarding this issue. City Manager Rod Gould noted Bruce Bullard has spoken before the Council on several occasions to advocate a ban on MTBE within the City of San Rafael, and has been in contact with staff a number of times since speaking before Council, providing information and information sources. Mr. Gould stated staff has just begun their own research into this subject; however, from the limited review that has been conducted to this point, staff fully concurred with what the City of Vacaville has done, adopting a Resolution calling upon Federal and State authorities that regulate this substance to remove it from the environment as quickly as possible. Mr. Gould explained Mr. Bullard was calling for a local ban, and noted staff's research had not shown how the City could affect such a ban in San Rafael, although he acknowledged this was just staff's early assessment. Mr. Gould reported staff had received a telephone call from a gentleman in South Lake Tahoe who had ideas on how San Rafael might implement such a local ban. He stated staff would speak with this gentleman and hear his ideas, and hoped to present the Council with a more thorough report within the next thirty days. Councilmember Cohen stated he had reviewed Vacaville's Resolution, and he felt the City might want to consider something similar, doing it sooner rather than later. He noted that would put the City on record; then, if there were additional steps that could be taken in the nature of a ban, passing such a Resolution calling upon the Federal authorities to take action on this would not preclude the City from doing something further, should staff discover a legal justification for doing so. Mr. Cohen asked that staff bring such a Resolution before the Council within the next thirty days, if the City SRCC MINUTES (Regular) 3/6/2000 Page 1 SRCC MINUTES (P qular) 3/6/2000 Page 2 has not found that there is something stronger that it can do within that time. Mr. Gould stated staff could present such a Resolution at the next City Council meeting. CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Heller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Monday, Minutes approved as February 7, 2000 (CC) submitted. Resolution Authorizing Execution of Agreement RESOLUTION NO. 10598 - with Kerry Consulting Group for Computer System RESOLUTION AUTHORIZING Solution Services (MS) - File 4-3-373 x 4-3-117 EXECUTION OF AGREEMENT WITH KERRY CONSULTING GROUP FOR COMPUTER SYSTEM SOLUTION SERVICES (Term of Agreement Ending 12/31/00). 4. Resolution Authorizing an Agreement with Hilton, RESOLUTION NO. 10599 - Farnkoph and Hobson, LLC, to Perform a Review of RESOLUTION AUTHORIZING AN Marin Sanitary Service's 2000 Rate Application AGREEMENT WITH HILTON, (MS) - File 4-3-306 x 4-3-32 FARNKOPH AND HOBSON, LLC, TO PERFORM A REVIEW OF MARIN SANITARY SERVICE'S 2000 RATE APPLICATION. 5. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of NO. 1748 - An Ordinance of the City of San Rafael Ordinance No. 1748. Amending Title 14 of the San Rafael Municipal Code (City of San Rafael Zoning Ordinance), by Amending Section 14.16.220 F (Home Occupations) to Prohibit Firearms Dealer as a Home Occupation: Adding Section 14.17.075 C.4 (Performance Standards - Gun Shops) to Prohibit Gun Shops from Operating Near Sensitive Land Uses, and Amending Section 14.03.030 (Definitions) to Add a Definition for Gun Shop and Firearms Dealer (CD) . File 10-3 x 10-5 x 10-1 x 10-2 x 9-3-30 6. Resolution Accepting Proposal from CSW/Stuber- RESOLUTION NO. 10600 - Stroeh Engineering Group, Inc. (CSW) to Conduct RESOLUTION ACCEPTING PROPOSAL Civil Engineering and Landscape Architecture FROM CSW/STUBER-STROEH Services in the Amount of $39,300 Plus 10 Percent ENGINEERING GROUP, INC. (CSW) Contingencies and Authorizing Execution of Agreement TO CONDUCT CIVIL ENGINEERING for the Mahon Creek Bike Path Project (PW) AND LANDSCAPE ARCHITECTURE - File 4-10-312 x 4-10-296 SERVICES IN THE AMOUNT OF $39,300 PLUS 10 PERCENT CONTINGENCIES AND AUTHORIZING EXECUTION OF AGREEMENT FOR THE MAHON CREEK BIKE PATH PROJECT. 7. Resolution Accepting Proposal from Harding Lawson RESOLUTION NO. 10601 - Associates (HLA) to Conduct Environmental and RESOLUTION ACCEPTING PROPOSAL Geotechnical Investigation in the Amount of FROM HARDING LAWSON ASSOCIATES $34,860 and Authorizing Execution of Agreement (HLA) TO CONDUCT ENVIRONMENTAL for the Mahon Creek Bike Path Project (PW) AND GEOTECHNICAL INVESTIGATION - File 4-10-313 x 4-10-296 IN THE AMOUNT OF $34,860 AND AUTHORIZING EXECUTION OF AGREEMENT FOR THE MAHON CREEK BIKE PATH PROJECT. 8. Resolution Authorizing the Public Works Director RESOLUTION NO. 10602 - or the Deputy Director of Public Works to be the RESOLUTION AUTHORIZING THE Signatory on Project Documentation Required for PUBLIC WORKS DIRECTOR OR THE TEA 21 Funded Projects (i.e. Andersen Drive DEPUTY DIRECTOR OF PUBLIC Rehabilitation, Lincoln Avenue Rehabilitation) WORKS TO BE THE SIGNATORY ON (PW) - File 4-10-314 x 11-15.1 x 4-1-478 PROJECT DOCUMENTATION REQUIRED FOR TEA 21 FUNDED PROJECTS (I.E. ANDERSEN DRIVE REHABILITATION, LINCOLN AVENUE REHABILITATION). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 3/6/2000 Page 2 SRCC MINUTES (P-qular) 3/6/2000 Page 3 OLD BUSINESS: 9. APPOINTMENTS TO THE GENERAL PLAN STEERING COMMITTEE (CD) - File 115 Community Development Director Bob Brown recalled that in August of last year, the Council approved the General Plan work program, and asked staff to recruit a Steering Committee. He reported staff sent out over 1,000 applications to members of the community, placed notices with the Chamber of Commerce and the Federation of San Rafael Neighborhoods' newsletter, sent out press releases, and sent mailings to Planning Commission applicants, the Police Academy, neighborhood associations, and the Leadership Institute. He reported staff had received 58 applications, representing a very broad spectrum of the community. Mr. Brown stated the appointment committee, comprised of Mayor Boro, Councilmember Cohen, and Planning Commission Chair Jeff Kirchmann, did a masterful job of trying to balance the ultimate selection of the Task Force, looking at the interests the applicants represented, their backgrounds and experience with the City, gender and ethnicity, and also the location of their residences or businesses within the City. Mr. Brown asked Senior Planner Linda Jackson to explain how these applications were balanced in the ultimate recommendations. Senior Planner Linda Jackson stated the Committee was recommending 17 of the 58 applicants, as they wanted a small group. She noted they have had great success with groups of that size with previous Planning projects in the Downtown and North San Rafael. Describing the make-up of the group, she stated there were eleven men and six women; five veterans, those who have been involved with the City for ten or twenty years, and were very familiar with past policies and planning; four people who were relatively new, having been involved for the past three or four years, and whose names were relatively familiar; and eight new faces. Ms. Jackson stated all of these people were very involved in different parts of the community, noting some were graduates of the City's Police Academy, having found a way to become even more involved and participate with the City. Ms. Jackson believed they had a good distribution of people from throughout the City, including those who were familiar with the Downtown, North San Rafael, the Central San Rafael neighborhoods, and East San Rafael. She pointed out staff also wanted to have a good balance in age, and those being recommended for the Committee represented older people who live in town, as well as those who are younger. She noted one of the people being recommended was a 26 year old with the Youth Leadership Institute. Ms. Jackson stated there was a good balance of experience among the applicants. She noted those who applied included environmentalists, those who are familiar from working with the Chamber of Commerce, housing advocates, and those who have worked on economic issues. Ms. Jackson stated that as a built -out city, human services and cultural affairs issues were important, and she pointed out there were a number of people who would represent those interests. In addition, all of them were very concerned about circulation and traffic issues, and all have stated they want to give something back to the community. Ms. Jackson stated staff believed this was a very strong appointment list, and these applicants would serve the City well in the work ahead. Community Development Director Brown recalled that in October, the Council had asked staff to return with a proposed charge to the Steering Committee, to guide them in their work, and he felt there were two concerns along those lines. First, staff wanted a committee that was going to look at issues from a broad community perspective, and not represent special interests, which he noted was reflected in the Charge Statement. He stated the biggest concern in that regard was that the Committee needed to focus on solutions to issues from a policy standpoint, and not try to work on the details, which was better left to subsequent implementation programs. Therefore, staff had included a list of tasks for the Steering Committee to work on, which tries to indicate a separation between the policy and actual implementation. Mr. Brown stated if Council chose to appoint the proposed Steering Committee, the next step would be a meeting of the group to greet and get to know one another, on Wednesday, April 26th at Falkirk. He noted staff anticipated the Committee would have their first actual working meeting in May, after staff has concluded with the St. Vincent's/Silveira process. Councilmember Heller asked who had represented the Council on the Selection Committee? Councilmember Cohen stated he, Mayor Boro, and Planning Commissioner Jeff Kirchmann had been part of the Selection Committee. Mr. Cohen stated it had been both easy and difficult, noting it had been easy because the City was blessed to have so many wonderful and talented people in the community who were willing to give of their time and help keep the City such a wonderful place. He stated there SRCC MINUTES (Regular) 3/6/2000 Page 3 SRCC MINUTES (P,iular) 3/6/2000 Page 4 had been a wonderful pool of people to select from, and it had actually been more of a challenge to try to decide who could be eliminated, noting the Committee had actually ended up slightly larger than had been intended. He stated this had been a good exercise, and it was good to see that there were still a lot of people willing to give their time and energy to the City. Mr. Cohen stated he was very happy with the recommendation before the Council, in terms of the balance of new faces, as well as those people who have been through a few similar exercises. He believed this would be a very good group. Councilmember Phillips asked about alternates. Mr. Brown stated staff was not suggesting that alternates be assigned, explaining it gets awkward, over time, trying to keep people educated and involved when they are not actively participating. Mr. Brown pointed out, as Councilmember Cohen had noted, they have ended up with a slightly larger group than originally anticipated, and that might provide for any losses along the way. Mayor Boro stated the Selection Committee had been very pleased to have almost sixty people to choose from. He noted that in addition to the spread that was shown geographically and in the backgrounds of the applicants, what he particularly liked was that not only were there a few people who have participated in the past, but many who have not, stating it would be great to get new blood and new input into the planning of the General Plan. Mayor Boro stated he highly commended the proposed appointments. Councilmember Cohen moved and Councilmember Phillips seconded, to approve the recommended appointments to the General Plan Steering Committee: Lee Buckner, Kate Colin, Miguel Gavaldon, Richard Katerndahl, Mark Lubamersky, John Maurer, Kay Noguchi, Steve Patterson, Larry Paul, Michael Quinlan, Gina Rivera, Sue Scott, Paul Sloan, Roger Smith, Jean Starkweather, Phyllis Thelen, and Richard Watts. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS: 10. RECOMMENDATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT ("CDBG") PROPOSALS FUNDING YEAR 2000-2001 (RA) - File 147 Economic Development Director Nancy Mackle stated this year was the first time the City Council was sitting as the Prioritizing Committee for an allocation of CDBG funds. She explained that in making this change from the way it has been done in prior years, staff worked with the County to notify everyone they could think of to let them know the City was making this change. Ms. Mackle explained the applications were sent to the County, with copies sent to the City. She reported that during the past few months, Senior Planner Katie Korzun has been working very closely with the County to review all the applications, noting Ms. Korzun has gone out to the sites and interviewed applicants, and has spent many hours coordinating with the County to understand the history of some of the applications, and what other cities are contributing if it involves a Countywide effort. Ms. Mackle stated it quickly became apparent there were many worthy projects and not enough money to fund all of them; therefore, as staff reviewed the applications, they kept returning to the priorities Council had set, and tried to assess the applications accordingly. Mayor Boro interrupted the presentation of the staff report, announcing there was another member of the public who had wished to address the Council during Urgency Time, but had not notified the City Clerk. Mayor Boro invited Mr. Walker Vanning to address the Council, after which Senior Planner Katie Korzun would continue with the Redevelopment Agency's staff report. RE: CITY CHARTER - File 1-1 Walker Vaninq, resident of San Rafael, referred to Article VII, Section 13 of the City Charter and quoted, "The Council may, by ordinance or resolution, authorize the expenditure of money not to exceed the sum of one thousand dollars in any one fiscal year for advertising purposes or for the celebration of such public events or demonstrations as the council may deem proper". Mayor Boro asked Senior Planner Katie Korzun to continue with the staff report. SRCC MINUTES (Regular) 3/6/2000 Page 4 SRCC MINUTES (P,qular) 3/6/2000 Page 5 Senior Planner Katie Korzun first thanked Roy Bateman (Coordinator, Marin County Community Development Agency) and his staff for their assistance in bringing her up to speed and introducing her to all the applicants. Ms. Korzun recalled last June the Council revised the Cooperative Agreement with the County on handling the Community Development Block Grant funds, and in those changes, the City would make a recommendation to the Board of Supervisors regarding the allocation of funds accruing to the City of San Rafael. It was decided that the City would set aside 15% of the money the City would be getting, and that would be used for public service projects. She reported public service allocation hearings were held on February 3rd, and the recommendations for the non-public service, which are now before Council, will go to the Board of Supervisors for their consideration on May 9th. Regarding how much was being allocated, Ms. Korzun noted the total grant amount goes to the County, they deduct their administration fee, and then based upon the City's proportion of the County's population, density and poverty levels, the City gets 36.27%, plus any program income. She pointed out program income varies every year, and reported that this year the City received $92,000, which was a one-time situation. She noted sometimes the City does not get anything, and sometimes it gets more. Ms. Korzun stated the total allocation for this year was $600,000, and the City has set aside 15%, which was used for public service, leaving approximately $510,000 to be spent on non-public service projects. Regarding priorities, Ms. Korzun recalled that in December, Council set four priorities, noting it was stated that the City would give primary consideration to projects that were the City's own, which fulfilled the requirements of HUD, affordable housing projects or community related projects, and projects that would move forward quickly, have a great impact, and could be completed within a reasonable timeframe. Ms. Korzun stated these priorities were distributed as widely as possible, and were used as the primary tool for deciding which projects would be recommended for consideration. She stated staff had attached a matrix showing the performance of each of the projects with those four categories. The first three categories, whether or not the project was one of the City's own projects, whether HUD requirements were fulfilled, and whether the project was community related, were fairly easy to decide. However, the difficult category, which became less clear, was whether or not a project would move forward quickly. She stated staff had decided that if a project was a discreet, one-time project, was not part of an ongoing maintenance program, was a project for an organization that had reasonable site control, and was not the first step in a long ongoing process, it would receive major consideration. Ms. Korzun reported staff selected eleven of the twenty-nine submitted projects, and wherever possible, gave the full amount requested. She noted the eleven projects selected fell broadly into three categories. The first category was Countywide Housing programs, for which contributions from other Planning areas were received. She noted these projects included the EAH Advocacy Program, Fair Housing, Marin Center for Independent Living Housing Accessibility Modifications, and the Residential Rehab Loan Program run by the County. The second general category was single purpose Capital Projects ready to move forward now, which included Casa Allegra Homes, Hickory House, and Golden Hinde, all of which are group homes. In the third category was the Larkspur Center, a brain trauma center. In addition, there was a fourth category, City or Redevelopment Agency programs. Ms. Korzun stated that although all the projects served important needs, there were several million dollars worth of applications, and staff had to whittle them down. Ms. Korzun stated something else the Council should consider at this time was the reprogramming of previously allocated funds. She explained that once a project receives funds, they must be spent. She noted the County has a process, which the City will continue, that if a project has funding that has not been spent, after two years they are reminded they have to spend the money, and that it can be re- allocated. Ms. Korzun reported there were a number of projects currently in that situation, one of which was a City of San Rafael project. She noted staff had looked into these instances and found that all the projects were making progress, and staff saw no reason to re -allocate those funds. Therefore, even though notices had been sent to everyone, re -allocation was not being considered at this time. Ms. Korzun stated the Council did have some options, pointing out Council could alter the eleven projects selected, or alter the amount of money given to each project. She noted the one proviso was that the City could not spend more than the $510,000 it has, although it could spend less; however, if the Council wanted to spend less and allocate the rest of the money at a future date, the City would again have to go through the noticing process established by HUD, which could take several months. She stated another option would be to discuss the issue now, and direct staff to return with a recommendation at the next Council meeting; however; if staff was directed to return, the Council would have to act at its next meeting, otherwise the City would fall out of sync with the County, which would be extraordinarily problematic. SRCC MINUTES (Regular) 3/6/2000 Page 5 SRCC MINUTES (P,qular) 3/6/2000 Page 6 Councilmember Miller stated he believed this was a very fair and adequate process, and was exactly the way he believed the CDBD should be administered. Councilmember Heller asked if the City had furnished all the applicants with the guidelines, so that everyone was aware of what the Council was thinking? Ms. Korzun stated every organization that submitted an application received copies of the priorities. Referring to the reprogramming of previously allocated funds, Ms. Heller asked if the applicants had more than two years, or if they had to spend the funds within a two-year cycle? Ms. Korzun explained that at the end of two years they were reminded that they had not spent the money, and at that point, the funds could be taken away at a public hearing. Councilmember Phillips commended staff for the nice job they had done, and for the apparent balance. He believed these funds were going to be of great benefit to each of the organizations. Mr. Phillips noted $250,000 was being allocated for the Pickleweed playing field, and asked for further detail. Ms. Korzun reported the Pickleweed playing fields had been installed 18 years ago, and noted playing fields had an average life of approximately 15 years; therefore, these were overdue. She pointed out the Pickleweed fields were extraordinarily heavily used, not from any scheduled league play, but from "pick-up" games, and the people in the community who use the fields. She noted the fields were in rather urgent need of repair. Ms. Korzun stated the fields were actually part of the Pickleweed Master Plan; therefore, what staff intended to do with the three Pickleweed projects was to finish the existing Master Plan, put it together with Agency funds that were already going toward Pickleweed, and finish the projects. She reported the fields would be re -graded and re -installed with live turf, a new irrigation system would be installed, and the fields would be set up for use as two soccer fields, and a softball diamond would be installed. She stated the fields would be totally functional when this project is completed. Councilmember Cohen referred to Homeward Bound's Operation Real Roof, one of the projects not recommended for funding, noting it contained a note in the "Comments" section which stated, "Will apply to Agency". Mr. Cohen asked for further explanation. Ms. Korzun stated Homeward Bound could discuss this with the Redevelopment Agency to determine if there were Redevelopment funds that could be used for the project. She noted that would be something the Agency could fund; however, whether or not they would was something else. However, she pointed out there were other avenues for that funding. Mr. Cohen asked if that was the reason this particular project was not being recommended for funding, as it seemed to meet some of the other criteria? Ms. Korzun stated that was part of the reason, although some of the other projects seemed to be much more urgent. She acknowledged the roof does leak; however, the question was how a leaky roof compared in relation to some of the other projects that could go forward. In addition, this was an extraordinarily large project, and there was some question as to whether this was the way the problem should be tackled, noting it was not merely re -roofing, it was also changing from a flat roof to a peaked roof. Staff felt this was a project that still required a lot of reviewing before investing that much money into it. Mayor Boro invited public comment, asking those who wished to speak to limit their comments to two or three minutes. Rov Smith stated he was representing Ecology House, which was, as far as he knew, the first and only publicly sponsored housing in the Country for those with chemical sensitivities. Mr. Smith stated he wished to correct an erroneous impression he had made during the application process, concerning the ability to move forward quickly on one part of their request for $5,200. Mr. Smith stated the problem was something that existed in the original design and construction, and which represented an extremely serious health threat to the residents and the manager. He explained that because the residents cannot tolerate paint or paint -like products, the walls were finished with gypsum plaster, which flakes off a very fine silica dust, and people breathe the dust. He stated the dust was probably carcinogenic, and could possibly cause silicosis over a period of time. Mr. Smith stated one of the reasons it has taken them so long to decide what to do is because they did not want to do the wrong thing; however, they now had a product they could use which people seemed to be able to tolerate. He noted they have already tested it in some of the units, and felt confident they would be able to complete that portion of their project this year, which would require approximately one-quarter of the amount they had originally requested. Mr. Smith believed they also met the rest of the qualifications, noting they were a HUD funded project for very -low income residents. He stated they had a very tight budget, noting it had taken them three and a half years even to purchase the plastic chairs for their community room. He noted that if they could not come up with the money from this program, he did not know how they would be able to take care of this, stating it seemed rather urgent. He asked for Council's reconsideration of that portion of their original request. Mayor Boro asked how much that portion of their request would cost? Mr. Smith stated it would cost $5,200, noting their SRCC MINUTES (Regular) 3/6/2000 Page 6 SRCC MINUTES (P,qular) 3/6/2000 Page 7 original request had been for $19,350, but the rest of the project represented things they probably would not be able to take care of this year, and did not represent an urgent health problem, as this one component did. Councilmember Phillips noted the application stated this program was their only source of funding available for this problem, and asked if they had applied for other funding in the past, noting it would seem that the uniqueness of their situation might attract other funding. He asked how Mr. Smith concluded that this was the only funding source? Mr. Smith stated they had not applied for other funding, although at their last Board of Directors meeting, one of their members took on the challenge of undertaking a grant writing project to attempt to get some extra money because it is so urgently needed. However, Mr. Smith stated they have not had any extra money in the past, and even if their Director applies for other grants, they did not know when such funds might become available. Dorothy Veseck.v, Chair of the Pickleweed Park Advisory Committee, encouraged the Council to approve the full amount of funding for each of the Pickleweed projects, as recommended by City staff. She stated each project enjoys wide -spread neighborhood support, and each has been under discussion for many years. Ms. Veseck.v noted Pickleweed Park and the Community Center are the most used park and community center in San Rafael, and represent the sole access to recreational and cultural activities in a neighborhood whose population represents at least one-quarter of the population of San Rafael. She stated the neighborhood was designed so that the overwhelming number of homes have no backyards or interior space for family, cultural, or recreational and social activities, and very few of the housing complexes provide community space for residents. As a result, Pickleweed Park and the Community Center fill a vital and absolutely necessary role in the lives of the Canal residents. The Pickleweed Advisory Board, in conjunction with the City, was about to embark on an important neighborhood input process, to ensure that the future improvement projects slated for both the Pickleweed Park and the Community Center were truly positive additions to the community, and are in keeping with the residents' wants and needs. Ms. Veseck.v stated that by approving these grant requests, the Council would be helping their work in two valid ways; first, by providing funds that will begin to move these projects from a theoretical stage to a reality. She stated she could personally testify that she has, for many years, heard each of these projects discussed in a wide variety of community forums, both formal and informal, and she believed it was now time to get moving. Secondly, Council would be sending a message to the Canal residents that the City was truly serious about moving ahead on long-awaited improvements. The relationship between City government and the Canal neighborhood has improved in the last two years under the current administration. Unfortunately, there still exists skepticism in the neighborhood as to whether these much needed projects will be completed in a timely manner. She stated that by approving the full amount of each of these grant requests, the City would be sending a positive signal to everyone that the City is sincerely dedicated to the improvement and expansion of Pickleweed Park and the Community Center. Tina Colenbrander, President of the Contempo Marin Homeowners Corporation, stated their project was of a special nature. She explained they were waiting for the owners to determine whether there was a possibility of selling the park to the Corporation, and only then would the project move forward again. Therefore, she was very concerned about the reallocation. She stated that in two years they would likely still be where they are now, yet every day something else moves in the direction of making it more necessary for the park to become a non-profit corporation. She urged Council to consider allowing them to keep the account from CDBG funds as it is now, because if suddenly they were able to move forward, but the money was not there, they would really be in trouble. She stated she could understand that the City might need the money earlier for other projects, and she always supported the other good things that are happening; however, she would like to have some certainty that the Corporation would be helped out if, at any moment, they could buy the park and move forward with this project, in which ten years of work have been invested. Mayor Boro invited further public comment, and there was none. Mayor Boro asked Ms. Korzun to address the issue of Contempo Marin. Ms. Korzun reported Contempo Marin had received notice they could be subject to reallocation at this meeting. However, staff was not recommending reallocation this year, noting the issue would be discussed again next year. Councilmember Heller asked when the money would become available to the various agencies? Ms. Korzun stated the funds would become available after July 1st, and at that time each agency would deal with Roy Bateman at the County. She explained that the agencies would not simply receive a check in the mail, noting it was a very long process through Mr. Bateman's office, which was one of the reasons she was very glad the City had not taken on that process. Ms. Heller asked if everything went to the County Board of Supervisors after the Council makes its recommendations, with the SRCC MINUTES (Regular) 3/6/2000 Page 7 SRCC MINUTES (P pular) 3/6/2000 Page 8 Board of Supervisors making the final decision? Ms. Korzun stated that was correct. Economic Development Director Nancy Mackle explained the City would not really be involved except to watch these projects come to fruition, because they would go through Mr. Bateman. Councilmember Cohen referred to the issue of re -programming, particularly with regard to Contempo Marin. He clarified that staff was not recommending re- programming for this year, but would consider it next year, and asked if the City was under any requirement to re -program that money? Ms. Korzun stated there was no such requirement, noting staff would be coordinating heavily with Mr. Bateman, and he would be teaching staff how to re -program. Mr. Cohen asked, if there was a project that was ongoing, could the City make a judgment to leave money in place in anticipation, for example, of the kind of situation Ms. Colenbrander had described for Contempo Marin? Ms. Korzun stated that was correct. Councilmember Miller moved and Councilmember Cohen seconded, to adopt the Resolution recommending Community Development Block Grant funding for the year 2000-2001 to the Marin County Board of Supervisors. RESOLUTION NO. 10603 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RECOMMENDING COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS FUNDING FOR THE YEAR 2000-2001 TO THE MARIN COUNTY BOARD OF SUPERVISORS. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None MONTHLY REPORTS: 11. CITY MANAGER'S REPORT - File 9-3-11 (Verbal) City Manager Rod Gould reported there were two legislative alerts. First, staff had learned early this week that SB 402, the Binding Arbitration bill, which was held over from last year's legislative session, was in place and would be heard before the State Legislature as early as Thursday. He noted the Council had taken a strong position against this bill, as had MCCMC (Marin County Council of Mayors and Councilmembers). He stated staff would continue to lobby our Assemblywoman and the Governor to veto this legislation, which was viewed as a severe intrusion on local control, and an unfunded mandate. In addition, three bills have been introduced in this new legislative session which reallocate the way sales tax is distributed Statewide. He stated staff would follow these bills closely, and return to Council with any updates at the earliest possible time to allow Council to determine how they might affect San Rafael, adding that in some cases, it was very serious. Mr. Gould stated Public Works Director David Bernardi had reported that in addition to engaging two lobbyists to help the City in its quest for Federal funds for the dredging of the Canal, he was considering a trip to Washington, D.C. to aid and give testimony for that grant request. Mr. Gould stated he had authorized Mr. Bernardi to do so, noting the City should leave no stone unturned and make every possible effort to secure the necessary funding for Canal dredging. Mr. Gould reported that Community Services Director Carlene McCart had shown him plans for the renovation of the Terra Linda pool, noting staff had stretched very hard to put together the CIP funds to do this major job. He stated Ms. McCart and her staff had worked with an architect, and they were looking at a Master Plan for the pool which would include a new children's play area, which would replace the children's wading pool, and a cabana and shade structures. He noted the entire plan would be a very nice addition to the Terra Linda complex; however, it would require more money than Council had allocated. Therefore, staff would be suggesting, first to the Park and Recreation Commission and then to Council, final approval of the Master Plan, and that the City go forward with the renovation already authorized for this year to deal with the health and safety issues, and also put in the infrastructure, so that at a later date, if Council so chooses and funding can be found to build -out the Master Plan, everything will be in place. Mr. Gould noted this would be coming forward to the Council in the near future. Mr. Gould stated the City needed only two or three dry days to complete the Second Street Widening Project, which will be a major improvement to the traffic flow in the Downtown, and a coup for the Public Works Department. Mr. Gould reported he met with staff to discuss neighborhood outreach regarding the MERA antennas. He noted they had identified five neighborhoods that are potentially affected by the antennas on the Forbes site and San Rafael Hill. He stated staff was suggesting the City offer an opportunity to the five neighborhoods to meet with staff prior to this going to the Design Review Board and Planning Commission, in order to provide information on alternatives, and to try to develop consensus before it goes into the public process. Mr. Gould noted this would augment what the County SRCC MINUTES (Regular) 3/6/2000 Page 8 SRCC MINUTES (P•qular) 3/6/2000 Page 9 has already done, and staff hoped to be able to answer some early issues for people who became involved late in this process, and hopefully make far better decision- making when it gets to the Council level. Mr. Gould asked Public Works Director Bernardi to address the Council regarding the sidewalk replacement program in front of City Hall, which needs to be addressed because of the liability problems of skateboarders on the sidewalk, and also to discuss the effect this will have on the trees in front of City Hall. Public Works Director Bernardi stated that as part of the process in preparing the plans and specifications to replace the sidewalk, staff had to take a serious look at the fate of the liquid amber trees in front of City Hall and on "C" Street. He noted Parks Superintendent Tom Rothenberger, a licensed arborist, and another arborist called upon by the City looked at the trees, and both stated that to replace the sidewalk the City would have to cut out the roots of the trees. Mr. Bernardi explained the trees had been installed approximately 25 years ago without root guards, and as a result, the tree roots migrated to where there was water. He pointed out that across from the sidewalk is the lawn, so all the roots moved across the sidewalk to the lawn, and in some cases, raised the sidewalk as much as 18 inches. Mr. Bernardi stated that if the roots are cut, the stability of the trees would be seriously affected; therefore, Mr. Rothenberger and the arborist recommended the trees be removed and replaced with a different type of tree that does not have such a bad root problem. Mr. Bernardi stated that was staff's plan, and while the type of tree had not yet been selected, he noted it would be a tree that is currently used in the Downtown, such as the Chinese Pistache or Flowering Pear, something that will be consistent with the Downtown. Councilmember Heller asked when that project would start? Mr. Bernardi stated the project would start in approximately three or four weeks, noting staff was currently in the process of getting ready to call for bids. He believed the trees would be removed this week, pending Council's authorization. Mayor Boro stated he had wanted to make certain the Councilmembers were aware that the trees were being removed, noting they had been a very nice background for City Hall. Mayor Boro urged two things. First, he asked that staff try to come up with a tree that has a similar effect as the current trees each Spring when they are in bloom. Second, he pointed out that there were really two problems, noting that along with the problem of the sidewalk, there was also a problem with pods dropping, which, along with the broken sidewalk, could also cause someone to trip. He felt that was something staff should consider in replacing the trees. Mr. Bernardi stated that was already being considered. Councilmember Miller asked, because of the major effect the trees have had in front of City Hall, if it would be possible to use mature trees? He believed this would lessen the shock to the community of the visual effect that will be caused as soon as the current trees are removed. Mr. Bernardi stated that could be done. Councilmember Heller asked if an article could be placed in the City Newsletter explaining about this project, so the community will know why it looks so bare in front of City Hall? Mr. Bernardi stated staff would do that. Mayor Boro referred to Mr. Gould's report concerning the Canal dredging, noting that in addition to the work Mr. Bernardi's staff was involved in, he also understood that the disposal site the City was looking at was no longer available, and the City had to look for another site. Mayor Boro asked if there would be a site available for disposal that will be practical? Mr. Bernardi stated there would be. He reported staff was currently looking at a site in Richmond, which is owned by Chevron Oil Company. He explained Chevron had to bring in some cover, because what is there now is not very good, and covering it with the type of material the City needs to dispose of in an upland location was the kind of material they were looking for. He stated staff would be meeting with Chevron Oil Company representatives next week to discuss this issue, and Mr. Bernardi would update the Council in his Friday Report. CITY COUNCIL REPORTS: 12a. CANAL YOUTH SOCCER ACADEMY - File 9-3-65 (Verbal) Councilmember Miller reported he had attended the California Park and Recreation Society's 50th Annual Awards Installation Banquet, hosted in Corte Madera. He stated a community award was presented, which the City had put forth, for the Canal Youth Soccer Academy. Mr. Miller stated the work of the Soccer Academy is so family oriented, and so deep in terms of the real development of children, that it goes beyond sports. Mr. Miller read two paragraphs of the narrative prepared by David Patrick Donnery, which he felt showed how proud the City could be, and should be, of this award. He quoted, "In its sixth year, the Academy serves nearly 500 disadvantaged boys and girls each year. Program offerings include soccer opportunities, an academic enrichment component, and special programs including SRCC MINUTES (Regular) 3/6/2000 Page 9 SRCC MINUTES (RF -alar) 3/6/2000 Page 10 summer camps and workshops led by educators from Mexico, Central, and South America. The Academy also has an excellent working relationship with the local soccer leagues, and has placed hundreds of Canal area children in these leagues". Mr. Miller noted the Canal basically enriches the entire City with its soccer league. He continued, "The Academy's success is rooted in the support and participation it receives from Canal parents, who play an essential role in the program, as well as the children. The Academy puts youth and family needs first, and believes that positive youth development requires active community participation. The Academy has built a successful partnership with the City of San Rafael, and is able to hold many of its programs at the Pickleweed Park Center. During the 1999-2000 school year, the Academy has been running a Spanish language and cultural program on Fridays at Pickleweed. This family program gives children a chance to practice reading and writing in Spanish, and participate in Latin cultural activities with their parents. The parents prepare healthy meals, exercise, and listen to lectures on health education, cultural topics, or parenting issues". Mr. Miller stated this was an amazing group of people. 12b. ASSEMBLY ELECTION - File 116 x 9-1 x 9-4 (Verbal) Mayor Boro wished Councilmember Barbara Heller good luck in tomorrow's election for State Assemblywoman. There being no further business, the City Council meeting was adjourned at 9:00 PM. JEANNE4. LEONCINI. City Clerk , APPROVED THIS DAY OF 2000 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 3/6/2000 Page 10