HomeMy WebLinkAboutCC Minutes 1991-07-15SRCC MINUTES kkegular) 7/15/91 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JULY 15, 1991, AT 7:00 P.M.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 91-14(a) - #2
No. 91-14(b) - #7
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JULY 15, 1991, AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Present: Lawrence E. Mulryan, Mayor
Albert J. Boro, Councilmember
Dorothy L. Breiner, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember
Absent: None
Also Present: Suzanne Golt, Assistant City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Shippey seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Regular Meeting of
June 17, 1991 and Special and Regular Meetings
of July 1, 1991 (CC)
4. Resolution of Appreciation for Clifford Den -
Otter, Associate Civil Engineer (PW) -
File 102 x 9-3-40
6. Resolution Approving Extension of Agreement
with Marin County Library for Bookmobile
Services in Canal Area (Lib) - File 4-13-78
x 9-3-61
8. Resolutions of Appreciation for Design Review
Board Members: (P1) - File 102 x 9-2-39
a.
Q
AYES:
NOES:
ABSENT:
Thomas Lollini, Architect
Peder Pedersen, Landscape Architect
COUNCILMEMBERS: Boro, Breiner, Shippey,
COUNCILMEMBERS: None
COUNCILMEMBERS: None
ACTION
Approved as submitted.
RESOLUTION NO. 8466 - RESOLUTION
OF APPRECIATION FOR CLIFFORD DEN -
OTTER, ASSOCIATE CIVIL ENGINEER
(Retiring after 22 years of service)
RESOLUTION NO. 8467 - AUTHORIZING
THE SIGNING OF AN AGREEMENT WITH
THE COUNTY OF MARIN FOR BOOKMOBILE
SERVICES IN THE CANAL AREA (from
7/1/91 thru 6/30/92 at the Pickleweed
Recreation Center, in the amount
of $3,285)
RESOLUTION NO. 8468 - RESOLUTION
OF APPRECIATION TO THOMAS LOLLINI,
ARCHITECT, FOR FIVE YEARS OF
DISTINGUISHED SERVICE ON THE DESIGN
REVIEW BOARD
RESOLUTION NO. 8469 - RESOLUTION
OF APPRECIATION TO PEDER PEDERSEN,
LANDSCAPE ARCHITECT, FOR FIVE
YEARS OF DISTINGUISHED SERVICE ON THE
DESIGN REVIEW BOARD
Thayer & Mayor Mulryan
SRCC MINUTES (Regular) 7/15/91 Page 1
SRCC MINUTES (kegular) 7/15/91 Page 2
The following items were removed from the Consent Calendar for further discussion:
3.
5.
7.
RESOLUTION APPROVING EXTENSION OF TIME FOR SUBDIVISION IMPROVEMENTS - SPINNAKER
POINT UNIT 5 (PW) - File 5-1-263
Councilmember Boro asked Public Works Director Bernardi whether the contractors
were originally given an extension to May, 1991. Mr. Bernardi answered affirmatively.
Mr. Boro noted it was then extended in May to June, and questioned why it was being
extended again to December 30, 1991. Mr. Bernardi replied the reason for the
additional request for extension was that some additional material was required
by the Public Works Department that was not able to be delivered, plus some pump control
mechanisms had to be refabricated.
Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution
extending the time for completion of improvement work in the Spinnaker Point Unit V
Subdivision to December 30, 1991.
RESOLUTION NO. 8470 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK
SPINNAKER POINT UNIT V SUBDIVISION (Extended to and including
12/30/91)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVAL OF PARTIAL CLOSURE OF DOWNTOWN STREETS AND PARKING LOT FOR GRAND BALL EVENT
ON OCTOBER 5, 1991 (RA) - File 11-19 x 9-3-30 x 9-3-31 x 9-3-40
Councilmember Boro asked if all of the Downtown merchants had been notified of
the hours of closure, 7:00 a.m. Saturday to 9:00 a.m. Sunday, and did they support
this? Redevelopment Director Ours stated affirmatively and noted they were very supportive.
He also stated that alternate parking spaces have been made available.
Mayor Mulryan stated they had a letter from Macy's supporting this.
Councilmember Boro moved and Councilmember Thayer seconded, to approve the staff
recommendation:
a. Approved closure of Fourth Street between Court and "A" Streets from 7:00 a.m.
Saturday, October 5th until 9:00 a.m. on Sunday, October 6, 1991.
b. Approved closure of "A" Street between Fourth and Fifth Streets and Julia Street
between "A" and "B" Streets from 7:00 p.m. Saturday, October 5th until 4:00
a.m. on Sunday, October 6, 1991.
C. Approved closure of upper level of the Lootens Place Parking Structure from
6:00 p.m. Friday, October 4th until 12:00 p.m. on Sunday, October 6, 1991.
Also approved closure of lower level of the Lootens Parking Structure from 7:00
p.m. Saturday, October 5th until 4:00 a.m. on Sunday, October 6, 1991.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DECLARATION OF FISCAL INTERDEPENDENCY BY THE CITIES, COUNTIES AND SCHOOL DISTRICTS
OF THE BAY AREA (CM) - File 111 x 9-3-11
Councilmember Thayer asked if this was an attempt at goodwill between all of these
agencies who might be competing for the same type of funding. Assistant City Manager
Golt answered affirmatively. However, she stated it does not represent any formal
commitment. She indicated that Finance Director Coleman reviewed the Resolution
as well, at the request of City Manager Nicolai. Ms. Golt stated it was a show of
support and interest in working together, communicating better, and establishing a
shared knowledge of what the others are doing.
Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the Resolution
Authorizing the Signing of a Declaration of Fiscal Interdependency by the Cities,
Counties and School Districts of the Bay Area.
RESOLUTION NO. 8471 - AUTHORIZING THE SIGNING OF A DECLARATION OF FISCAL INTERDEPENDENCY
BY THE CITIES, COUNTIES AND SCHOOL DISTRICTS OF THE BAY AREA
(by the full City Council)
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Boro, Breiner, Shippey,
None
None
SRCC MINUTES (Regular) 7/15/91 Page 2
Thayer & Mayor Mulryan
SRCC MINUTES (Regular) 7/15/91 Page 3
9. PRESENTATION OF RESOLUTION OF APPRECIATION TO: (PW)
PEDER PEDERSEN, LANDSCAPE ARCHITECT, DESIGN REVIEW BOARD MEMBER - File 102 x 9-2-39
Mayor Mulryan thanked Peder Pedersen for his five years of service and indicated
that they have been unable to fill this position of Landscape Architect.
Mayor Mulryan noted that the Design Review Board is a relatively new board for the
City, and thanked Mr. Pedersen for his unique contribution to the Board. He also noted
Mr. Pedersen had designed and done alot of work on the Gerstle Park playground and
thanked him for a beautiful job.
10. PUBLIC HEARING - RE BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: (PW) - File 6-48
a. RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL
YEAR 1991-1992.
Public Works Director Bernardi reported that the Baypoint Lagoons Landscaping and
Lighting District was formed on July 16, 1990, under the Landscaping and Light Act
of 1972. He noted that at the meeting of July 1, 1991, the Engineer's Annual Report
for 1991-92 was filed and the Council adopted the Resolution of Intention to Order
Improvements.
Mayor Mulryan then declared the public hearing opened.
As there was no one who wished to speak, Mayor Mulryan closed the public hearing.
Councilmember Breiner moved and Councilmember Boro seconded, to adopt the Resolution
confirming the diagram and assessment and levying assessment for fiscal year 1991-1992.
RESOLUTION NO. 8472 - CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR
FISCAL YEAR 1991-1992 - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING
DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. PUBLIC HEARING - TO CONSIDER INCREASE IN THE PARKING METER RATES (Fin) - 11-18
x 9-10-2
Finance Director Coleman stated that staff was asked at the Budget Hearings to come
back to Council with a report on how to finance a Police foot patrol in the down-
town area. He indicated the merchants have wanted this for some time and while
the options are limited, he was bringing a recommendation to the Council to double
the parking rates which would fund the two patrol officers needed for this foot patrol
in the downtown area.
Councilmember Thayer asked if this would mean an increase in the Police force.
Director Coleman answered affirmatively, that there would be two additional officers
on the foot patrol in the downtown area.
Councilmember Shippey noted that this proposal does not indicate that staff intends
to replace the meters themselves, which are outdated at this time. Mr. Coleman
stated they will be using the same meters, but will be putting a new timing device
in each. Mr. Shippey asked if this would be a problem for ongoing maintenance.
Mr. Coleman stated the existing meters are having a little maintenance problem and other
cities are going to other meters. He noted Duncan Industries is the only company
making these parts and if they no longer do this, the parts would become unavailable.
He indicated the City has a part-time person now who takes care of these meters.
Councilmember Boro asked Police Chief Ingwersen when these positions would be in
place and Chief Ingwersen answered probably in December, 1991. He stated the new
officers would first need to go to the Police Academy in August and they should be
out in time to start in December.
Councilmember Breiner stated she feels it is important that all of the meters work
accurately, noting there are some that do not show the actual number of hours the
meters are intended to be used. Mr. Bernardi answered they are getting new decals for
all the meters to resolve the problem.
SRCC MINUTES (Regular) 7/15/91 Page 3
SRCC MINUTES (Regular) 7/15/91 Page 4
Mayor Mulryan declared the public hearing opened.
Paul Cohen, San Rafael Planning Commissioner, stated he supported the proposal. He
also commended the City for coming up with a way to finance it. He indicated a
concern that one of the officers should be in the area of Albert Park on their regular
beat.
Mayor Mulryan suggested that bicycles would help in getting around to these areas,
allowing more coverage.
Councilmember Boro mentioned that he was explicit when he brought this subject up
at the last meeting that the area would include Albert Park, Boyd Park and Downtown.
Doretta Boehm, small business owner, indicated that all the merchants are very
excited about this plan. They all agree with the method of funding this through
the parking meter rates increase.
There being no further public input, the public hearing was closed.
Councilmember Boro moved and Councilmember seconded, to adopt a Resolution amending
Resolution No. 5846 and establishing parking meter rates, with the understanding
that staff would come back to Council with a report on the route to be used before
it is implemented.
RESOLUTION NO. 8473 - AMENDING RESOLUTION NO. 5846 AND ESTABLISHING PARKING METER
RATES (to increase the rates to 20¢ per hour)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. PUBLIC HEARING - TO CONSIDER A PROPOSED ORDINANCE AMENDING AND ADOPTING THE FOLLOWING
CODES: (PW) - File 1-6-2 x 9-3-40
a. 1990 NATIONAL ELECTRICAL CODE
b. 1990 UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRICAL CODE
Mayor Mulryan declared the public hearing opened.
Public Works Director Bernardi stated he had nothing to add to the staff report,
noting this is just a basic update of the electrical codes done from time to time.
Councilmember Shippey asked why they were having a public hearing on something
that is mandated by the State. Mr. Bernardi answered they are required to adopt
these codes by ordinance, according to the City Charter, which includes a public
hearing to adopt this ordinance. He stated that the City cannot supersede the State
in the adoption of these codes, so the City is usually approximately six months
behind the State in this adoption process. He also stated there will be other codes
before the Council in this manner.
There being no public input, Mayor Mulryan closed the public hearing.
The title of the Ordinance was read:
"ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 12 OF THE MUNICIPAL CODE
OF THE CITY OF SAN RAFAEL BY AMENDING AND ADOPTING CHAPTER 12.20, 'ELECTRICAL CODE'
(NATIONAL ELECTRICAL CODE, 1990 ed., AND UNIFORM ADMINISTRATIVE CODE PROVISIONS
FOR THE NATIONAL ELECTRICAL CODE, 1990 ed.)"
Councilmember Thayer moved and Councilmember Breiner seconded, to dispense with
the reading of the Ordinance in its entirety, to refer to it by title only, and pass
Charter Ordinance No. 1606 to print for both codes and bring it back for final adoption
on August 5th, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
13. PUBLIC HEARING - RE PROPOSED RESOLUTION AMENDING MASTER FEE SCHEDULE TO INCREASE:
a. PLANNING PERMIT APPLICATION FEES (P1) - File 9-10-2 x 9-3-17
b. LIBRARY FINES AND FEES (Lib) - File 9-10-2 x 9-3-61
Mayor Mulryan declared the public hearing opened.
SRCC MINUTES (Regular) 7/15/91 Page 4
SRCC MINUTES kRegular) 7/15/91 Page 5
a. PLANNING PERMIT APPLICATION FEES
Planning Director Pendoley explained the Resolution and stated that it did
require a public hearing, and is also covered by Government Code 66014 which
allows cities to raise planning filing fees, but provides that fees will not
exceed the estimated reasonable cost to provide the service. He stated the
hourly rate was calculated by averaging the salaries of principal staff
participants in the permitting process. Also included are the hours to process
permits. He stated this is the same process that was used in 1987 when the fee
schedule was last updated. He indicated two factors have contributed to this
process: 1) the change in salaries in the Department; 2) they are using a
different set of rules today than was used in 1987 which affects the amount of
time it takes to process the permits. He then referred to the chart attached to
the Resolution.
Mayor Mulryan stated that the charts were very helpful and well laid out.
Councilmember Shippey pointed out a correction in the Government Code.
Councilmember Breiner questioned the need to have multiple categories under the
Environmental Review for the Negative Declaration and the increase of the fee from
$225 to $800. Mr. Pendoley stated that there is alot of work involved in the
preparation of these Negative Declarations, noting these are very large documents
and take a great deal of time to complete. He stated that the City was sued on
one of these Negative Declarations and the Court upheld it, showing that the work
was worth the effort. Mrs. Breiner stated she thinks this would be worth the
Council reviewing or put these fees into effect for the next year and tracking
them to see if this approach makes sense.
Mayor Mulryan asked Mrs. Breiner to confirm if she means to track what is actually
charged over the ensuing year. Mrs. Breiner suggested changing the fee to an hourly
rate - it is now $52.00/hr. - and see what the range is on the applications that
are received. Mayor Mulryan asked if, in using this hourly rate the amount runs
over $800, whether the City should charge this. Mrs. Breiner agreed and stated it
would be an objective way to justify those fees. Mr. Pendoley stated that he thinks
some of these will actually go over this fee and the Resolution is very specific
about saying they may charge an hourly rate and charge a deposit in advance if the
project looks particularly difficult. He stated there would not be alot of
administrative overhead to track this. Mayor Mulryan suggested they keep track
of the hours and report back to the Council in six months or so and see how many
hours were spent and whether they are charging more or less than this. Mr. Pendoley
stated he feels very confident in these estimations, but will comply with Council's
request.
Councilmember Thayer asked what the difference was on Page 2 of the staff report
between the Department overhead and the City overhead that was added and was that
an average? Mr. Pendoley stated the City overhead is a figure used in all the budget-
ing for calculating the City budgets. When the Department budget is calculated,
they have to look at the City overhead. It is the average of the services the
Department gets from all the other City Departments. He stated the Department
overhead was essentially the supervisory management overhead which includes his
time, the time of the Principal Planner when she is involved in a current planning
case, and the time of the Principal Secretary who is responsible for making sure
that all the agenda items get packaged and printed in a timely manner.
Councilmember Shippey asked for clarification that they had decided to keep the
set fee, but have a review of the hours spent by the Department.
Herbert Neinstedt, of Marin Builders Exchange, stated that even though some of these
are substantial fees, other cities they work with have even higher fees than these.
He stated their main concern is that the service they need is available to them
on a timely basis and if these fees represent what is necessary in order to maintain
the staff, they do support the fees. He added a concern that if these services
go to the public at large and are also represented in the overhead and other fees,
then he felt there is some justification for the various agencies to take a look
at those costs, noting that as the County fees escalate, they would like to see
San Rafael consider that aspect of it and perhaps take this into account.
There being no further public input, Mayor Mulryan closed this portion of the public
hearing only.
Councilmember Boro asked about the notification on this item. Mr. Pendoley
explained the mailing list used and who it included. He also stated there are
SRCC MINUTES (Regular) 7/15/91 Page 5
14.
SRCC MINUTES 'regular) 7/15/91 Page 6
two fees that were not changed: 1) the Appeal Fee, $75.00, and 2) the Notification
Fee, $25.00. He stated he would like these to be added to the Resolution.
Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the
Resolution amending the Master Fee Schedule, increasing the Planning Department
Application Fees, adding two fees, which were not changed, into the fee schedule
- the Appeals Fee at $75.00 and the Notification Fee at $25.00 - and to bring back
a review to the Council in six months' time as to what the difference would be with
an hourly rate vs. the flat fee, and the editorial change in the Governmental Code
Section.
RESOLUTION NO. 8474 - AMENDING ITS MASTER FEE SCHEDULE, INCREASING PLANNING DEPARTMENT
APPLICATION FEES
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b. LIBRARY FINES AND FEES
Library Director Stratford stated they had a committee which looked at the
fines and fees in the Library and the proposed Fines and Fees Schedule is in
line with what other libraries in this area and the Bay Area are charging.
Mayor Mulryan stated the fees looked reasonable to him, but added that he did
not like the fact they were not charging more for items like compact disks, etc.,
if they come back damaged or do not come back at all.
Councilmember Breiner had a concern on Page 2 with the change to the book loan
period from 2 weeks to 3 weeks in that this might create more pressure to buy
more books. Mr. Stratford stated that now they have a 2 week loan period with 2
renewals, which adds up to a total of 6 weeks if there are no reserves on it.
They propose changing the loan period to 3 weeks with 1 renewal, which is essen-
tially the same period of time. He noted this will affect the workload factor
in that they might not be handling the same amount of books at the Circulation
Desk. Mrs. Breiner asked if they could cut down on the workload by allowing people
to renew by phone. Mr. Stratford stated that this would actually increase the
workload. He indicated that he could do a report on this. He stated there is
only one library that he knows of that does this, which is the San Anselmo Library,
and it requires more staff time than renewing at the desk. It also takes away
time from the desk in dealing with the person on the phone.
Mayor Mulryan suggested a brief report be brought back to the Council and Mrs.
Breiner agreed. She also stated that this might cut down on the traffic and
parking situation at the Library. Councilmember Shippey suggested that, like
Kaiser Hospital, the use of a message phone could be used. He also suggested
that fees may go down with the increase in the lending period. Mr. Stratford
stated that the purpose of the overdue fines is not necessarily revenue generating.
He stated that the purpose is actually to get people to return their books
in a timely manner.
Councilmember Shippey asked again about the difference in the 3 week loan period
vs. the 2 week period and Mr. Stratford suggested he bring back a report on this,
to which the Council agreed.
There being no public input, Mayor Mulryan closed the public hearing.
Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the Resolution
amending the Master Fee Schedule increasing the Library Fines and Fees.
RESOLUTION NO. 8475 - AMENDING MASTER FEE SCHEDULE (RESOLUTIONS #7553 & #7560),
"SECTION 7 -LIBRARY" INCREASING LIBRARY FINES AND FEES
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
REPORT RE EARTHQUAKE SAFETY CHECKS - UNREINFORCED MASONRY BUILDINGS (PW) - File
4-3-235 x 13-1 x 9-3-40 x 1-6-1
Public Works Director Bernardi stated that at Council's request they have brought
back a status report on what is happening to the various buildings in San Rafael that
are on the Unreinforced Masonry List, noting that some have had final review and
SRCC MINUTES (Regular) 7/15/91 Page 6
SRCC MINUTES Regular) 7/15/91 Page 7
some have had first review and that the review process should be completed within sixty
days. He also mentioned they were in contact with the Seismic Safety Commission
and the League of California Cities to determine what other programs and approaches
cities are adopting across California so that when the final report is brought to
the Council, they will have an idea of what other cities are doing with regard to
mandating repairs on various buildings. He stated the cost of renovating these buildings
is going to be expensive and staff is attempting to determine how to make these figures
acceptable to the property owners and not drive the rents up in the downtown area. He
stated they will be bringing to the Council a process by which these questions will be
addressed and have the Ad Hoc Committee convene to advise the Council on various issues.
Councilmember Shippey questioned Mr. Bernardi about possible funding through Mello -Roos
or similar financing mechanism and asked if the downtown property owners agree with
this. Mr. Bernardi stated that they need to do more research and get a final analysis
report done before contacting the property owners, so once they know what the costs are
going to be, they can then work together to decide on what the financing mechanisms are
going to be. He estimated this to occur after October, 1991.
Councilmember Thayer asked if staff might depart from some of the standards that
are to go into place if this proves to be a prohibitive process for the property
owners. She also stated she would like to see some creative interaction between the
Public Works Department and Redevelopment on this to come back to Council with a variety
of alternatives by which the City could facilitate this. Mr. Bernardi answered the
second question first, stating they are looking into this with the Redevelopment Agency
in the hope of finding funding sources by which the property owners can be assisted.
He stated that with regard to the first question, the City Council can do what it wishes;
State law is silent as to what the cities can or cannot do, noting the Council can choose
any standards they want with regard to the repairs to these buildings. He advised
Council to make sure that they keep in mind life safety, stating that the buildings be
repaired to enable them to stay together so that people can get out in case of an earth-
quake and not necessarily be totally repaired.
Councilmember Boro clarified that as to the September -October time frame when the
report is brought back to the Council, the Ad Hoc Committee will then meet to look at
the various alternatives and meet with the Council to decide the best possible way to
do these repairs. Mr. Bernardi answered affirmatively and suggested that the Council
be available to give this committee some guidance because there will be some issues
that will have to be addressed, and Council's feelings on those issues will guide
the Committee to formulate the Repair Ordinance and to look at what standards will
be used to repair the buildings.
Councilmember Breiner stated that two of the buildings were recently added to the
list and asked why they were left out in the first place. Mr. Bernardi stated that
their records were not clear in the beginning and one of the property owners came
forward and gave them this information. He stated there are no other buildings that
were overlooked, as far as they can tell, noting the Public Works Department looked
fairly thoroughly all over town. Mrs. Breiner then stated that her concern was over
timing, that this not go beyond October, because of the rental attractiveness of
the buildings. Mr. Bernardi stated that, in fact, one of the business owners was
indicating a raise in rent to his tenant because of the repairs that will need to be
done, but the tenant was informed by the City that the cost of the repairs had not been
decided yet, and the owner and tenant would need to sit down with the City and determine
what this expense would be.
The report was accepted, without motion.
15. DISCUSSION OF IMPACT OF THE COUNTY OF MARIN'S BUDGET PROBLEMS ON THE CITY OF SAN RAFAEL
- File 13-1 x 8-5
a. Councilmember Boro suggested that a letter be sent to the Board of Supervisors
requesting they consider very carefully the proposed cuts for the Mental Health
Budget they are looking at now, noting it would have a great impact on the
City if these services are cut. He suggested a letter be drafted for Mayor
Mulryan's signature on this matter, to which Mayor Mulryan agreed.
ADD ITEMS:
b. 101 CORRIDOR COMMITTEE - File 170
Councilmember Boro stated the Committee recommended a measure next Spring with
a 4W sales tax increase to acquire the right-of-ways and to do final planning
on the ultimate solution to the transportation problem, as far as light rail
might be concerned. He stated he did not bring this back to the Council because
he felt it was premature to do this, in that the bulk of the right-of-way has
SRCC MINUTES (Regular) 7/15/91 Page 7
been acquired in Marin County, but not
efforts of Marin and Sonoma Counties be
a report back to the August 5th Council
SRCC MINUTES iRegular) 7/15/91 Page 8
in Sonoma County. His concern was the
coordinated. He stated he will bring
meeting on all of the above items.
C. POLICE RADIO - HOT PURSUIT SPEEDS - File 9-3-30
Councilmember Breiner discussed a hot pursuit that occurred Saturday afternoon
in which the San Rafael Police Officers involved pursued an escapee from the Marin
Juvenile Hall Facility over the Richmond/San Rafael Bridge at speeds in excess of
100 MPH. She expressed a desire to see the chase policies used now for speeds
officers were allowed to use in hot pursuits, and requested a report be brought
back to the Council in terms of our policies compared with other cities' policies
on this issue and perhaps consider a cap.
Mayor Mulryan stated there is a high speed policy and Police Chief Ingwersen
handed a copy to Mayor Mulryan and indicated he would provide copies to the Council.
Chief Ingwersen noted they do not have a high speed regulation at this time,
indicating that according to the City's policy, the officer makes that decision
as he/she is pursuing the suspect. This is balanced with the need to try to
apprehend the suspect as opposed to the danger of the public safety. Mrs.
Breiner stated she would like this brought back to Council within a month with
comparisons of cities that do have a cap on the speed control, indicating her
concern about the speed the officers were going in that there was great risk to
the officers and the public.
Mayor Mulryan stated that in the reading the policy Mrs. Breiner would find
there would be no way one would find the City's officers going 100 MPH on the
City streets, but noted the incident she mentioned occurred on the bridge which
is quite a different thing. Councilmember Shippey added that he understood from
the policy that there is definitely a different decision making process in
different environments on how the vehicle is operated.
Chief Ingwersen stated that the policy was revised in 1988 and is part of the
constant evaluation process of the Police Department.
Mayor Mulryan agreed to have the item on the agenda for August 19th. Councilmember
Thayer stated that she agreed with Councilmember Breiner on the speed issue
and stated she would like to look at the policy as well.
d. WATER SHORTAGE - MARIN MUNICIPAL WATER DISTRICT BOARD REPORT - File 151
Chris Morrison, Board Member of the Marin Municipal Water District, reported
on their progress with the water shortage problem within Marin County. He
explained the pros and cons of the two choices available for this problem:
1) Desalination, and 2) water from the Russian River. He requested written
and/or verbal comments from the Council to assist the Water Board's decision
making process to place a ballot measure before the voters in November.
Councilmember Shippey asked where the desalination plant would be located,
if it should be chosen. Mr. Morrison answered on their pipeyard on San Quentin
Point.
Mr. Morrison stated July 22nd is the Water Board's hearing wherein they will
be making the final decision on which choice to put on the ballot, if anything.
There being no further business, the meeting was adjourned at 9:40 P.M.
1.AE'-O'A(�� _JEA �NCINI, ity Clerk
APPROVED THIS DAY OF
, 1991
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 7/15/91 Page 8