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HomeMy WebLinkAboutCC Minutes 1991-09-03SRCC MINUTES ,Regular) 9/3/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 3, 1991, AT 7:00 P.M. CLOSED SESSION 1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 91-17(a) - #2 No. 91-17(b) - #1 - Robert Postlewaite vs. City of San Rafael, et al No. 91-17(c) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 3, 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: Pamela J. Nicolai, 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 August 19, 1991 (CC) 3. Resolution Authorizing Lease Agreements with the Dixie School District for Use of Classrooms at Vallecito, Mary Silveira and Dixie Elementary Schools for Child Care Programs (Rec) - File 4-7-3 x 220 4. Resolution Authorizing Amendment to County of Marin Community Development Block Grant (CDBG) Program for Child Care Scholarships (Rec) - File 147 x 9-3-65 5. Resolution Authorizing Amendments to Lease Agreements with the San Rafael School District for Use of School Sites for Child Care Programs (Rec) - File 4-7-16 x 4-7-20 x 4-7-21 x 4-7-25 x 9-3-65 6. Resolution of Appreciation to Nancy Percy, Child Care Manager (Rec) - File 102 x 9-3-65 7. Resolution Setting the 1991/92 Property Tax Rate (Fin) - File 9-12-1 RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 8498 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (w/Dixie School District for the use of classroom space at Vallecito, Mary Silveira and Dixie Schools - 3 yr. lease from 9/1/91 thru 8/31/94 at $.42/sq. ft. in 91/92, $.45/sq. ft. in 92/93 & $.48/sq. ft. in 93/94) RESOLUTION NO. 8499 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (Amendment of Agreement with County of Marin Community Development Block Grant (CDBG) Pro ram for Child Care Scholarships of 7,750.00 for Fiscal Year 91/92) RESOLUTION NO. 8500 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT (w/San Rafael City Schools to amend the existing lease agreements for Short School, Glenwood School, Gallinas School and San Pedro School) RESOLUTION NO. 8501 - RESOLUTION OF APPRECIATION TO NANCY PERCY, CHILD CARE MANAGER FOR 11 YEARS OF SERVICE RESOLUTION NO. 8502 - FIXING THE RATE OF TAXES FOR FISCAL YEAR 1991/92 (For payment of principal and interest on General Obli ation Open Space Bonds the sum of ?.002) SRCC MINUTES (Regular) 9/3/91 Page 1 SRCC MINUTES kRegular) 9/3/91 Page 2 9. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1607 - AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE NO. 1593 (PARAMEDIC SERVICE SPECIAL TAX) AND SETTING THE PARAMEDIC TAX RATE FOR FISCAL YEAR 1991/92 FOR RESIDENTIAL AND NON RESIDENTIAL PROPERTIES (Fin) - File 9-3-31 x 9-12 10. Request Council Sponsorship of Downtown Community Plan (P1) - File 140 x (SRRA) R-304 Approved final adoption. Approved staff recommendation. 13. Resolution Authorizing Execution of Contract RESOLUTION NO. 8503 - ACCEPTING THE with CH2M Hill for Preparation of an Initial PROPOSAL FROM CH2M HILL FOR PREPAR- Study and an Environmental Impact Report for ATION OF AN INITIAL STUDY AND Shoreline Business Park (P1) - File 4-10-257 ENVIRONMENTAL IMPACT REPORT FOR SHORELINE BUSINESS PARK (Former San Quentin Disposal Site) 14. Adoption of Resolutions (2): (CM) - File 7-3 x 9-3-11 a. Amending Resolution No. 8248, Pertaining to the Compensation and Working Conditions for Management and Mid - Management Employees b. Amending Resolution No. 8249, Pertaining to the Compensation for City Manager 15. Correction Resolution to Cure Retroactive Liability for FLSA Overtime Compensation (CM) - File 7-3 17. Claims for Damages: a. Ruth Holmes (PW) Claim No. 3-1-1571 b. Gerald Thompson (PD) Claim No. 3-1-1576 C. Exxon Company U.S.A. (RA & PW) Claim No. 3-1-1578 d. AAA Commercial Leasing Corp. (PW) Claim No. 3-1-1580 RESOLUTION NO. 8504 - AMENDING RESOLUTION NO. 8248 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MANAGEMENT AND MID -MANAGEMENT EMPLOYEES (Excluding Police Mid -Management Classifications) (2% Eff. 7/1/91) RESOLUTION NO. 8505 - AMENDING RESOLUTION NO. 8249 TO INCREASE THE SALARY OF THE CITY MANAGER (2% Eff. 7/1/91) RESOLUTION NO. 8506 - A RESOLUTION EXPRESSLY STATING THE ADMINISTRATIVE POLICY OF THE CITY REGARDING DEDUC- TIONS FROM COMPENSATION OF EMPLOYEES EXEMPT FROM THE OVERTIME PROVISIONS OF THE FAIR LABOR STANDARDS ACT Approved City Attorney's recommend- ation for denial of Claims a, b, & C. Approved Insurance Consulting Associates', Inc., recommend- ation for denial of Claim d. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: 8. STATUS REPORT ON LIBRARY PLANNING PROCESS (Lib) - File 9-3-61 x 8-20 a. Accept report. b. Adopt Resolution. C. Approve staff recommendation. Councilmember Boro commended Library Director Stratford on the approach he has taken, sitting down with his whole staff to work out the changes in operations. He recommended that other department heads could take this same approach of working together. Councilmember Boro moved and Councilmember Breiner seconded, to accept the staff report, adopt the Resolution appropriating $17,000 from the Davidson Bequest to purchase SRCC MINUTES (Regular) 9/3/91 Page 2 SRCC MINUTES Regular) 9/3/91 Page 3 new shelving and for other expenses, and to authorize closing the Library from December 16 through December 25, to accomplish reorganization of interior space. Under discussion, Councilmember Breiner inquired if there will be any left -over shelves which will not be needed, and Library Director Stratford stated the Library will find uses for the old shelving. Councilmember Breiner stated she is pleased with the success of the Bookmobile in the Canal area, and recommended consideration of a paperback book exchange. RESOLUTION NO. 8507 - APPROPRIATING $17,000 FROM THE DAVIDSON BEQUEST FOR REORGANIZATION OF LIBRARY INTERIOR FISCAL YEAR 1991/92 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. AUTHORIZATION TO CALL FOR BIDS - TIBURON STREET STORM DRAIN IMPROVEMENT (PW) - File 4-1-446 Councilmember Thayer inquired why could not the homeowners pay for part of the storm drainage system repairs. Public Works Director Bernardi explained that the problem is City runoff, and the City is responsible to maintain the street drainage. He added that Public Works has been maintaining the facility for the last couple of years. Mayor Mulryan noted the liability to which the City could be subject if this improvement is not made. Councilmember Breiner moved and Councilmember Thayer seconded, to approve the staff recommendation to call for bids for Tiburon Street Storm Drain Improvements. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. AUTHORIZATION TO CALL FOR BIDS - DOWNTOWN RELAMPING OF TRAFFIC SIGNALS AND SIGNS (PW) - File 4-1-447 Councilmember Boro inquired of Public Works Director Bernardi whether this program will be extended to other areas of the City and Mr. Bernardi replied in the affirmative. Councilmember Boro moved and Councilmember Shippey seconded, to accept the staff recommendation regarding replacement of downtown traffic signal and illuminated sign lamps. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. EAST SAN RAFAEL NEIGHBORHOOD CLEAN-UP DAY (CM) - File 218 x 9-3-11 Councilmember Breiner stated she is concerned with health issues in the clean-up project, and suggested that gloves and other protection be used. Assistant City Manager Suzanne Golt responded that she is meeting with the Committee next week to discuss this event, and will bring up that issue. City Manager Nicolai stated that gloves and other equipment were furnished last year in the clean-up project. The Council accepted the staff report, without motion. SPECIAL PRESENTATION 18. PRESENTATION OF PROCLAMATION TO SISTER PATRICIA FOR HER 45 YEARS OF WORK WITH THE DOMINICAN GARDEN SCHOOL (CM) - File 110 Mayor Mulryan presented a proclamation to Sister Patricia of the Dominican Order acknowledging her 45 years of work with the Dominican Garden School. Mayor Mulryan spoke of the benefits to the children through the teachings of the School, and pro- claimed Tuesday, September 3, as Dominican Garden School Day in the City of San Rafael. Sister Patricia expressed her gratitude to the Council and to the City for their recognition. SRCC MINUTES (Regular) 9/3/91 Page 3 SRCC MINUTES kRegular) 9/3/91 Page 4 19. PUBLIC HEARING - TO CONSIDER ADOPTION, BY REFERENCE, OF AMENDMENTS TO THE ANIMAL CONTROL REGULATIONS IN TITLE 8 OF THE MARIN COUNTY CODE, PERTAINING TO AN INCREASE IN LICENSE FEES AND OTHER FEES RELATING TO ANIMAL CONTROL (CA) - File 4-13-54 x 9-10-2 x 9-3-16'x 13-3 Mayor Mulryan declared the Public Hearing opened. City Manager Nicolai informed the Council that staff has been working with the Marin Humane Society, the County, and the various other jurisdictions in Marin over several years, not only to contain the costs of animal control, but also to raise the revenues and adjust fees periodically. She stated that the County Board of Supervisors has already acted on this issue of amendments, and that the City was told recently that, rather than adopting the entire Code by reference, each jurisdiction would adopt the amendments as they come forward. She stated that tonight's public hearing is in reference to the fee increases and staff recommends that the Ordinance be adopted. There being no input from the public, Mayor Mulryan declared the Public Hearing closed. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE THE AMENDMENTS TO THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE" (Re an Increase in License Fees and other fees relating to Animal Control) Councilmember Thayer moved and Councilmember Breiner seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1608 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. REPORT ON PARKING METER EQUIPMENT (Fin) - File 11-18 City Manager Nicolai referred to recent discussions regarding raising parking meter rates, noting the parking meter manufacturer has advised staff that the meter rates cannot be changed as approved by the Council without an additional cost. She said the problem is the use of pennies, since the City's existing timers cannot be adjusted to keep track of 3 -minute increments. Ms. Nicolai reported that in order to provide close to 3 minutes for $.01, new timers would be needed, as well as an overwind mechanism which will add approximately $30,000 to the City's original cost estimate for parts. This mechanism would allow for acceptance of four coins, versus the three which are currently allowed. Ms. Nicolai presented four options for consideration, and explained each briefly. She stated that Option 4 was the one staff would recommend, which is to replace some of the meters which accept pennies with some which do not. She stated in that way the City could save $30 for each meter which is converted from one which accepts pennies to one which does not. Her recommendation was for the meters in the parking lots to be changed so they will not accept pennies, which would be consistent with the majority of parking meters in the lots at present. She stated that the City currently has 237 two-hour meters in the parking lots which do not accept pennies, and recommended conversion of the remaining 181 two-hour parking lot meters which still accept pennies, so they will no longer accept the pennies. She stated this would mean a savings of $5,320 in parts, and the cost for this option is $40,000 for parts plus labor. Councilmember Shippey observed that with the current financial situation he does not see why the City should spend that much money. He said he favors Option 1, to change the existing meters so that the rate is changed from $.10/hour to $.20/hour, and eliminating the use of the penny. He noted the cost of this would be only $15,000. Mayor Mulryan said some people question why the City has meters at all, since the shopping centers do not. He said he feels that the cost is not too high. Councilmember Thayer questioned whether there is any difference in revenue between Options 1 and 4. Ms. Nicolai stated the revenue is broken down by collection routes, and the figures could not be broken down between the meters accepting pennies and those which do not. She added that if you consider that the smallest coin would be a nickel, Option 1 would be the highest. She noted that Option 4 still allows pennies to be used in some meters, and this would still be a higher level than the original plan which would have had all of the meters accepting pennies to still accept them. Councilmember Boro noted that there is a related item on the agenda tonight regarding parking citations, and he feels that possibly the two items are related in that they will have an impact on the Downtown. He said one option might be to eliminate pennies SRCC MINUTES (Regular) 9/3/91 Page 4 SRCC MINUTES ,,regular) 9/3/91 Page 5 and put a cap on the ticket fees. He noted that the money for the conversion is covered out of the revenue, so it is not a matter of going into a hole. Mr. Boro added that in the original proposal from staff it was assumed that the pennies would stay, but the cost of conversion will be covered by the revenue. Councilmember Breiner stated she is in favor of Option 4, and asked about the total breakdown of meters accepting pennies. Finance Director Coleman said there are approximately 800 meters on the street, which will take pennies. Mr. Boro clarified that every meter in the lots would take a nickel. Mr. Coleman agreed. Councilmember Breiner moved and Councilmember Boro seconded, approving Option 4, that the City acquire new timers and retain the pennies for all of the meters except those in the parking lots. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. REPORT ON POLICE PURSUIT SPEED LIMIT (PD) - File 9-3-30 Police Chief Ingwersen informed the Council that, in response to their request, he researched the matter of pursuit policies with experts in the field. He noted that he had used the City Link process to request information from other cities also, as well as State and National law enforcement organizations and the U.S. Department of Justice. He noted that there has to be a balanced approach, involving the safety of citizens and the need for public safety, and the concern of citizens for the apprehension of violators of the law. Chief Ingwersen referred to his staff report which listed the results of his survey. Councilmember Breiner stated her question is, what are some of the limitations which other jurisdictions are using. She noted that she had read of a successful program in Baltimore, and a few other cities, and would like to know more specifics rather than just a model for guidance. She stated she would like to have staff spend more time on this and see what other jurisdictions have actually done. She noted that Section XVIII, Pursuit Guidelines, in the League of California Cities Policy states, in part ". . .pursuit, or continued pursuit, must be commensurate with the seriousness of the known offense". She stated that she read about a recent chase involving San Rafael police where the newspaper reported that there were speeds up to 120 miles per hour going across the bridge. Mayor Mulryan stated that safety is paramount, and noted that in the first paragraph of the pursuit policy Chief Ingwersen had addressed that, but it should be made more explicit. He stated that there should be an intelligently balanced policy regarding speed limits, taking into consideration congested areas versus open areas. He said it is necessary that our Police know that it is the balancing of the need to apprehend with the safety of the public. He stated this policy has been improved over the previous policies, but it should address the balance more explicitly. Councilmember Shippey stated that if we adopted a limit, it would be a message to a certain element and the information would get out. He added that protecting the lives of our citizens is important. Councilmember Thayer asked about the pursuit guidelines, and whether there is any- thing regarding taking into consideration the seriousness of the offense. Chief Ingwersen responded that General Order #80-21 balances out the Council's concern for the citizens, as well as the officers. He stated that knowledge of the offense which caused the pursuit is also a factor. Mayor Mulryan questioned whether it is clear enough that there is a difference when an officer is pursuing a shoplifter or a murderer. Chief Ingwersen stated he feels confident in that area, between the written word and the officers' training. Councilmember Breiner inquired if there is a review after a high speed chase. Chief Ingwersen stated it is reviewed by the Sergeant on duty at that time, and he makes a report. He stated that is covered on Page 4, Section 12(c) of the General Order. Ms. Breiner stated she feels the review should be more of a committee approach, rather than only one person. Chief Ingwersen responded that the Sergeant makes his report to the Lieutenant, who reviews it. Ms. Breiner asked, it is not people sitting around a table for the review, and Chief Ingwersen replied it is not. Councilmember Shippey asked if we can get assistance in a pursuit, and Chief Ingwersen responded that the CHP helicopter is based in Napa, so it takes time to get here. SRCC MINUTES (Regular) 9/3/91 Page 5 SRCC MINUTES .(egular) 9/3/91 Page 6 However, when a pursuit reaches Highway 101 at Greenbrae the CHP takes over. They have vehicles and the training. After they take over, the San Rafael officer trails and does not remain part of the pursuit. Councilmember Breiner stated she would like to see if there are jurisdictions with more distinctions made, and be assured that this Council is giving the right signal in terms of what the community can expect from the City as far as health and safety on the road are concerned. She said she would like information about the Pursuit Review Board, such as those in Phoenix and Mesa, Arizona and in Dade County, Florida, so we could be sure pursuits are being done in a proper way. She would also like to learn of other policies they may have instituted, since she feels there are other things the City could be doing. Mayor Mulryan asked Chief Ingwersen to come back to the Council with the requested information. City Manager Nicolai stated that when they went out on the Police Link, Menlo Park was the only response and it was regarding Code 3, not hot pursuit, and they had no speed limit. Councilmember Boro said consideration should be given to the area in which a city is located, such as Arizona with wide open spaces. 22. REPORT RE: STATE MANDATED PARKING CITATION FEES (Fin) - File 11-8 x 9-10-2 Finance Director Coleman informed the Council that during the last days of July the State enacted legislation which will require the City of San Rafael to pay up to $5 per parking citation to Marin County. The State, in turn, will take $2 of the $5. He noted that we currently pay Marin County $1.50 for each citation so this will represent a potential increase of $3.50 per citation. He added that within the next week the Marin County Judges will formally set the amount which must be paid to the County, but it is expected they will approve the full $5 authorized by the State, which will become effective September 5th. He noted that the fees will be placed in a Criminal Justice Fund and a Court Construction Fund. He stated that if we do not increase our parking citation fees or approve a substitute source of revenue, we could lose $120,000 a year. Mr. Coleman noted the other fees paid to Marin County, including the $300,000 booking fee and cost of collecting our property tax. Mr. Coleman recommended a public hearing be set for September 16th to consider a $4 increase in parking citations. Councilmember Boro stated he understands the public hearing process, but he is concerned about the reaction of the public and the downtown merchants, because of the impact. He recommended that staff get together with the merchants and explain the situation so they will have input. He stated he does not feel we should raise the fees without looking for other options. Mayor Mulryan stated this would be a public hearing and everyone could participate. He pointed out the fines are a different matter than the parking meter rates, but he does not think the Council should wait too long for the public hearing and be out $120,000. Mr. Boro stated that we are not looking for alternates, but are setting a public hearing, and he cannot support that. Mayor Mulryan pointed out that the City has to set tax rates, but this is a fine. Ms. Breiner pointed out that San Rafael's fines are lower in general than alot of other communities. Councilmember Thayer stated she understands Mr. Boro's point of view. She added that the downtown merchants would like to get rid of the meters. She stated she does not see how to get around the problem, but perhaps some alternatives could come out of the public hearing. Councilmember Shippey stated we should give the process a chance. Councilmember Boro stated we are setting a public hearing to raise fees, but not to find another solution. He stated that is his problem, and he would like to know what other Marin cities are doing. Mr. Coleman advised the Council that overtime rates in Marin County range from $10 to $17 currently, and most of the cities will no doubt be reacting to this legislation. Ms. Nicolai inquired if the fines involve any overtime parking meters, and Mr. Coleman replied, anything other than moving violations. Ms. Nicolai stated she would be happy to start alerting the groups and talking about the issue. She stated we could set the date for the public hearing far enough in advance so staff would have time to talk about it first. SRCC MINUTES (Regular) 9/3/91 Page 6 SRCC MINUTES kRegular) 9/3/91 Page 7 Mr. Boro stated that by automatically increasing the rates we are not solving the problem. Mayor Mulryan stated we do not have the ability to solve it, but we should inform the downtown people so they will understand. He stated he would go with an extended notice period. Ms. Breiner noted that this would make it more difficult for the downtown area versus the shopping areas. Councilmember Thayer moved and Councilmember Shippey seconded, to set a public hearing and ask for further analysis by staff regarding any alternatives; that there be public notices so that all merchants in the area will hear about the public hearing. Under discussion, Ms. Nicolai said she would like to talk with the downtown people first, before a public hearing date is set. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23. CITY COUNCIL REPORTS a. CLEAN-UP ON VARIOUS HAZARDOUS SITES IN DOWNTOWN SAN RAFAEL (FD) - File 13-2 x 9-3-31 Councilmember Boro requested further information on various hazardous sites in downtown San Rafael, in order to try to speed up the clean-up of the sites. Mayor Mulryan agreed that they are not being cleaned up quickly enough. Mr. Boro noted that last year when it rained and a hole filled with water there was a problem with pumping it out because of the toxics in the water. There being no further business, the meeting adjourned at 9:10 P.M. -il JEA7kp LEON CINI,ii �ty Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL , 1991 SRCC MINUTES (Regular) 9/3/91 Page 7