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HomeMy WebLinkAboutCC Minutes 1991-11-18SRCC MINUTES (i.-gular) 11/18/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 18, 1991, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 91-22(a) - Copple, Biggs, Rosenberg & 157 Woodland Partners vs. City of San Rafael, City Council, et al. (Marin County Superior Court Case No. 148065) No. 91-22(b) - Joe Shekou, Haidy Shekou, William J. Bielser, Audrey Bielser, Ashley Bielser, Christopher Bielser, Westland Housing, Inc., vs. City of San Rafael. No. 91-22(c) - #7 Mayor Boro announced that the City Council had been meeting in Closed Session and will continue the Closed Session after the City Council meeting. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 18, 1991, AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Dorothy L. Breiner, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: Also Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CONSENT CALENDAR Paul M. Cohen, Councilmember 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 November 4, 1991 and Special Meeting of November 12, 1991 (CC) 4. Resolution Accepting Grant of Open Space Easement - Peacock Estates Homeowners Association (PW) - File 2-5-33 x 13-14-1 x 9-3-40 6. Fire Department Automatic Aid with City of Larkspur (FD) - File 4-10-261 x 9-3-31 8. Amendment to Contract with ComCo for Workers Compensation Administration (CM) - File 7-1-31 9. Resolution Authorizing Application to the Institute for Museum Services for General Operating Support (Cult.Affs.) RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 8565 - ACCEPTING GRANT OF OPEN SPACE EASEMENT - PEACOCK ESTATES HOMEOWNERS ASSOCIATION RESOLUTION NO. 8566 - AUTHORIZING THE CITY MANAGER TO SIGN AN AUTOMATIC AID AGREEMENT FOR FIRE PROTECTION SERVICES WITH THE CITY OF LARKSPUR RESOLUTION NO. 8567 - AUTHORIZING THE AMENDMENT TO THE CONTRACT, LEASE OR AGREEMENT WITH COMCO MANAGEMENT, INC. (Approving increase of annual fee to $58,500, payable in 12 mo. installments of $4,875, from 11/1/91 to 10/31/92) ITEM REMOVED FROM AGENDA. 10. Authorization for the City Manager to RESOLUTION NO. 8568 - AUTHORIZING Execute Junior Lien Holder's Consent Agreement THE CITY MANAGER TO EXECUTE THE for the Centertown Project (RA) - LIEN HOLDER'S CONSENT AGREEMENT File 5-1-286 x (SRRA) R-272 FOR THE CENTERTOWN PROJECT SRCC MINUTES (Regular) 11/18/91 Page 1 SRCC MINUTES (Regular) 11/18/91 Page 2 11. Call for Applications to Fill Vacancy on the Approved staff recommendation to Planning Commission Due to Election of call for applications w/deadline Planning Commissioner Paul Cohen to City for receipt 12/10/91 at 12:00 Noon; Council on November 5, 1991 (CC) - File 9-2-6 set date for interviews of applicants 12/16/91, 6:30 PM; unexpired term to end of June, 1994. AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following items were removed from the Consent Calendar for further discussion: 3. AUTHORIZATION TO ACCEPT PROPOSAL FROM WILSEY & HAM FOR CONSTRUCTION SERVICES FOR MERRYDALE OVERCROSSING (PW) - File 4-3-128 x 11-1 x 11-16 x 9-3-40 x 4-13-80 Councilmember Thayer questioned this action, stating the authorization seems to cover work which has already been done. Public Works Director Bernardi responded that this is the actual survey work which tells the contractor exactly where to put the structure. He stated the previous work was for the design drawings. Councilmember Thayer inquired if the estimated cost of $238,000 will come from traffic mitigation fees. Mr. Bernardi responded in the affirmative. Councilmember Shippey noted that these items continue to be submitted, and he requested a running total of costs, and projected expenditures. Mr. Bernardi stated he will prepare such a report, and added that this was an anticipated cost, the construction management phase. Mayor Boro stated that the Council had known about this phase, and would like to see a total as of this date. Mr. Bernardi promised a report for the next Council meeting. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution as recommended. RESOLUTION NO. 8569 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH WILSEY & HAM TO PROVIDE CONSTRUCTION SERVICES FOR THE MERRYDALE OVERCROSSING (Estimated cost: $238,290) AYES: COUNCILMEMBERS: Breiner, Shippey & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: Cohen 5. RESOLUTION AUTHORIZING SAN RAFAEL LIBRARY TO SUBMIT A JOINT APPLICATION WITH THE MARIN COUNTY LIBRARY FOR A FEDERAL TITLE VI GRANT TO SUPPORT LIBRARY LITERACY SERVICES (Lib) - File 9-3-61 Councilmember Shippey inquired if this is something done every year, and Library Director Stratford responded that it is available on a yearly basis, but this is the first time the City has applied for the grant, because we now have a Literacy Program which is a requirement for applying for the grant. Mr. Shippey then inquired about the status of plans for a new library, since the original application for a grant was not approved. Mr. Stratford responded that the City did not re -apply for that grant, but they are now evaluating alternatives. Councilmember Shippey moved and Councilmember Breiner seconded, to adopt the Resolution authorizing submittal of the application. RESOLUTION NO. 8570 - AUTHORIZING THE SAN RAFAEL PUBLIC LIBRARY TO SUBMIT A JOINT APPLICATION WITH THE MARIN COUNTY FREE LIBRARY FOR A U.S. DEPARTMENT OF EDUCATION LIBRARY SERVICES AND CONSTRUCTION ACT (TITLE VI) GRANT FOR AN "ENGLISH AS A SECOND LANGUAGE" COMPONENT FOR THE EXISTING LIBRARY LITERACY PROGRAMS AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 7. CONSIDERATION OF ADOPTION OF RESOLUTION TO INCREASE PARKING VIOLATION BAIL FEES (Fin) - File 11-8 Councilmember Breiner stated she would like to raise some of the fines higher, to dissuade people from parking cars on the street, including those for sale. She SRCC MINUTES (Regular) 11/18/91 Page 2 SRCC MINUTES �..egular) 11/18/91 Page 3 felt a higher penalty than the recommended $4.00 increase might achieve this goal. City Manager Nicolai responded that she had heard that if a car was parked in a way to get exposure in order to sell it, the County fine is around $80. She offered to check into this. She stated that when they are going through the process of re -doing the tickets they will look at the whole bail schedule. She stated this will be done before the hearing. Councilmember Thayer recommended that the bail be brought up to an even $15, and noted that most of the increase is going to be given to the State and County. Councilmember Shippey added that there are lines of cars, all for sale, parked in the Northgate area. Councilmember Breiner noted that the City has rules about the length of time a car can be parked without being moved. Mayor Boro asked that staff come back with a recommendation, and the rules could be amended at that time. Councilmember Thayer moved and Councilmember Breiner seconded, to approve the staff recommendation and set the Public Hearing on this issue for December 2, 1991. AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 12. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF AN ORDINANCE TO AMEND ORDINANCE NO. 1596 (BUSINESS LICENSE SECTION 10.04 OF THE SAN RAFAEL MUNICIPAL CODE TO MAKE MINOR CHANGES IN LANGUAGE AND MODIFICATIONS TO SOME OF THE FEE SCHEDULES ( in) - File 9-10 Mayor Boro declared the Public Hearing opened. Finance Director Coleman briefed the Council, stating that last Fall the Council had approved a major revision in the Business License Ordinance which changed the basis for the tax from one based on the number of employees, to one based on gross receipts. He stated that as a result of this change the revenue from business licenses increased by 41%. He stated that a majority of California cities now use gross receipts as the basis for business licenses, and he feels it is more equitable. Mr. Coleman then summarized the proposed changes to the Ordinance: 1) New language added to make it clear that apartments are subject to the business license tax; 2) Revision clarifies that part-time employees are taxed at half the full-time rate; 3) Delinquent date is changed from 30 to 45 days, although they were given 45 days last year; 4) New definition is added for cost of operation, such as salaries, utilities, etc.; 5) Provision for a cost of living increase has been reinstated for flat fees; 6) Exclusion for any business paying a franchise fee to the City has been eliminated, which would include PG&E and VIACOM. Pacific Bell and Marin Sanitary Service do not pay a franchise fee, but pay business license fees; and 7) Several fees have been modified. Mr. Coleman then analyzed the proposed revisions. With regard to Item 6, Mr. Coleman noted the removal of the exemption for PG&E and VIACOM could produce an additional $8,000 per year. Mr. Coleman then detailed the fees modified under Item 7, and noted that hotels and motels have been put on a gross receipts basis, and that currently they are on a flat fee basis or a 15� per $1,000 gross receipt basis. Mr. Coleman reported that he has met with the County, with business people, and with the Chamber of Commerce. He has heard some of the concerns of the business community and has tried to eliminate double taxation. He also modified the renewal application to make it easier to understand. Councilmember Thayer inquired about the hotel/motel tax, and in view of the occupancy tax would this result in a double tax. Mr. Coleman responded that the occupancy tax is actually paid by the person staying at the hotel, and should not come out of the monies collected by the hotel itself. He stated the only thing being changed is the method of calculating the tax. Mr. Coleman also noted that the Ordinance states that if you have a combined hotel/restaurant you should pay on gross receipts. We have one large hotel which should actually have been paying on gross receipts already. Councilmember Breiner asked City Attorney Ragghianti if it is proper for her to participate in this discussion since one of the proposed revisions concerns PG&E, in which she owns stock. SRCC MINUTES (Regular) 11/18/91 Page 3 SRCC MINUTES (Kegular) 11/18/91 Page 4 Mr. Ragghianti responded that if your investment interest is $10,000 or more you should disqualify yourself from participating. Mayor Boro stated he has the same problem, but Mr. Ragghianti noted that if Mayor Boro stepped down there would not be a quorum, and he stated that in such a case, one of those with a disqualifying interest may return to vote. Mrs. Breiner left the meeting and Mayor Boro remained. John Neuman, an employee of PG&E, addressed the Council, stating that PG&E recognizes the need to increase sources of local revenue and they acknowledge their responsibility to share equitably in the City's fiscal strategies. However, they are concerned that the proposed exemption removal will result in double taxation on the citizens of San Rafael, all of whom are PG&E customers. He stated that as a result of the PG&E franchise agreement with City of San Rafael, they paid approximately $271,000 in 1991 based in part on gross receipts from business conducted in the unincorporated area in 1990. He stated they respectfully request that their exemption remain in place, and would appreciate an opportunity to discuss this further and provide written comments. He stated some clarification is required, as to certain parts of the Ordinance, and to which schedule they would be subject. There being no further public comment, the Public Hearing was closed. Mayor Boro stated that since this is the first reading of the Ordinance it could go ahead, and Mr. Coleman could give the Council more information regarding PG&E, and PG&E could come back. He noted that the staff report states that half the cities in California levy both a franchise and a business license tax. He asked how much this would impact PG&E, and Mr. Coleman replied about $6,500 additional. Mayor Boro stated, if necessary, the Ordinance could be revised at the next meeting. Councilmember Shippey asked if there could be a report from staff on whether there is a legal basis for this double taxation. City Clerk Leoncini pointed out that if the Ordinance is amended at the next meeting it would start the process over again. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING PORTIONS OF TITLE 10, BUSINESS LICENSE, CHAPTER 10.04.010, SECTION E. BUSINESS, SECTION R. PART-TIME OR TEMPORARY EMPLOYEES, SECTION Y. GROSS RECEIPTS; CHAPTER 10.04.030, SECTION B. EXCLUSIONS; CHAPTER 10.04.100, LICENSE FEES PAID IN ADVANCE; CHAPTER 10.04.105, LICENSE TAXES; AND ADDING CHAPTER 10.04.010, SECTION BB. COST OF OPERATIONS; AND CHAPTER 10.04.106, FLAT FEE LICENSE TAX" Councilmember Shippey moved and Councilmember Thayer seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1611 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen DISQUALIFIED: COUNCILMEMBERS: Breiner & Mayor Boro (In order to constitute a quorum,Mayor Boro resumed his seat and voted.) (Mrs. Breiner returned to the meeting.) SPECIAL PRESENTATION 13. PRESENTATION BY BILL WEEKS ON IDEAS FOR CANAL AREA - File 218 City Manager Nicolai briefed the Council on last week's meeting at Pickleweed Community Center, at which the Fullerton and Brea cities' handling of the problems similar to the Canal area's were discussed. She stated that Mayor Boro recommended a number of staff members visit Fullerton and Brea, and that he would also go. Bill Weeks of the newly formed Canal Area Property and Business Owners' Association will go at his own expense. Ms. Nicolai stated that as a result of the trip, they will be bringing back a report to the first Council meeting in January. Those things which can be implemented will be recommended, and alternatives will be discussed, as well as opportunities for funding the program. She asked for Council's confirmation of taking those actions. SRCC MINUTES (Regular) 11/18/91 Page 4 SRCC MINUTES (Regular) 11/18/91 Page 5 Bill Weeks then gave an overview of the Canal Area Property and Business Owners' Association, stating they have 411 members, and there is strong community support. He noted that the organization started just two months ago. Mr. Weeks then went over the present situation in the Canal area, such as the drug dealing and prostitution, and a general deterioration of the area, which has increased in the last six months. He showed slides of the various areas with gang graffiti, overflowing dumpsters, machine oil in the gutters, and litter, as well as cars with "For Sale" signs parked along the streets. He said the blight is not localized, but now extends as far as Bay Point Lagoon, toward Spinnaker. He stated that the increased Police presence has helped the situation. Mr. Weeks then described how his group had contacted many California cities and found that Fullerton had the same problem with overcrowding as does the Canal area, and that Brea had the day laborer problem. Both of these cities had improved conditions within one year, and that is the reason they are recommended for a fact-finding visit. He said he did not have "before" slides of Fullerton, but did have slides of Brea. He showed the Council photographs of "before" and "after", in both communities. Mr. Weeks described the various methods used, such as sweeping the streets on alternate days, and towing cars which were parked there, allowing overcrowding of the apartments and allowing illegal activities. He noted they also had foot patrols. He said families had moved away, but are now moving back into Fullerton. The Day Labor Center in Brea was discussed, and slides were shown. It is in a light industrial area, and there are strict rules about registering, a ban on loitering after the hiring hall is closed, and a requirement for the people looking for work to police the area so litter will not accumulate. He said they market the program to contractors, as a safe place to go to hire day labor. The City of Brea has Ordinances to back up their actions. They are also conducting basic English classes. Mayor Boro stated he has the dates confirmed for the visit to Brea, on December 5 and 6, and added that Councilmember Shippey, the Chief of Police and City Attorney will also go. He said they hope to come back with a plan they can present at a Public Hearing the first meeting in January. Mr. Weeks thanked the Council, and stated he would appreciate being informed of any meetings held on the issues. Councilmember Breiner stated she appreciates the work done by Mr. Weeks in assembling the information. She added that the City can do just so much, but it has to be a community -generated effort. Councilmember Shippey stated he is looking forward to the trip, and noted that these cities evolved their programs in an era of economic viability. Mayor Boro stated that dollars are an issue right now, and we will have to develop ways to find the money. He stated those issues will have to be addressed in the next two weeks. John Orteqa addressed the Council, stating he is concerned at the perception of the presentation, noting it is a little slanted. He added that San Francisco has a problem, and we do not have to go as far as Fullerton or Brea. He noted he has a flyer which he distributes free of charge to workers. He stated Mr. Weeks only addressed one part of the problem. Mr. Ortega said he has a comprehensive program which should help. He stated they need education in social matters. He stated there should be more communication in Spanish, and feels they have never been recognized. Mayor Boro asked for a motion to accept the report, stating that we are at a point where we have consensus. He noted these two cities are being looked at because they are comparable in size, and the group will come back with recommendations for programs which should please everyone. Councilmember Thayer moved and Councilmember Shippey seconded, to accept the report and approve staff recommendations. AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 14. REPORT ON ST. VINCENT DE PAUL DINING ROOM (P1) - File 10-2 x 10-6 City Manager Nicolai stated that after their last meeting with the St. Vincent de Paul Board of Directors, the Board met and then announced that they had extended their lease for 18 months, and dropped their option to purchase the Gonzales Restaurant SRCC MINUTES (Regular) 11/18/91 Page 5 SRCC MINUTES (Regular) 11/18/91 Page 6 property at 809 "B" Street. She commended the St. Vincent de Paul Board for taking that action, and said the City appreciates their move. Planning Director Pendoley then reported that staff recommends that an Advisory Committee be formed by the Council to assist St. Vincent's in finding a suitable place for relocation and to act as a sounding board for programs the Society may be developing in the future. The Advisory Committee's tasks could include the following: 1) Assist St. Vincent's in finding a permanent location for its food service operation, and actively search out sites, as well as react to proposals; they could also lend support during permit hearings and funding options; 2) Act as a sounding board for the Society's efforts to develop a good neighbor, and react to efforts to develop operating procedures to improve conditions in the immediate vicinity of the Dining Room; and 3) The Committee could work with St. Vincent's Board on new program proposals and assist with fundraising, as appropriate. Mr. Pendoley reported that the St. Vincent de Paul Society, the Downtown Plan Committee, and residents/business operators in possible host neighborhoods have a stake in the issues and should be considered for membership on the Advisory Committee. Mr. Pendoley stated that staff recommends the Council consider the following makeup for the Advisory Committee: 1 City Councilmember 1 Planning Commissioner 3 Members of the Downtown Plan Committee, including at least one (1) Downtown merchant 2 Members of St. Vincent de Paul Board of Directors 1 Member of the Homeless Area Task Force 3 Residents/Business/Property owners from possible host neighborhoods Councilmember Thayer agreed with the plan, and stated that staff has made great headway and that she is fully in support of the Advisory Committee. Mayor Boro commended not only St. Vincent's, but the entire committee on their efforts to solve this long-term issue. He asked that the item be back on the agenda at the next Council meeting. Councilmember Shippey moved and Councilmember Breiner seconded, to accept the staff report and approve staff recommendations. AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 15. REPORT ON ABAG GROWTH MANAGEMENT PLAN - BAY VISION 2020 PROPOSAL (P1) - File 111 Planning Director Pendoley stated that most of the local governments have the same concerns as San Rafael, regarding the basic provisions of the platform. He stated this proposal is significantly different from Bay Vision 2020. He stated he is concerned about the timing of a Regional Commission. He stated ABAG wants these issues to be set before the legislature convenes in January. Councilmember Breiner stated she appreciates what staff has done in the staff report, in reviewing the platform. She stated that if the vote where taken now it might be a negative vote, and that communication with the other communities involved in this is quite important, so that all cities get a chance to interact. She noted the vote will be Thursday evening at the ABAG conference. Ms. Breiner recommended that as this program develops through the transition period, there should be constant feedback on a regular basis with the various committees so that the Council would be aware of anything different and have a chance to respond and react. Councilmember Thayer stated she has concerns, but this is a big improvement. She stated she can see regional planning; but where air quality, water and transportation are concerned, it would not work. She said she has a fear regarding growth management on a regional basis, because she fears it is a subterfuge to force Marin into more housing. Councilmember Breiner said we will have to be diligent to see that the group adheres to what is proposed with regard to the communities' General Plans. She stated her impression is that it would not be a situation where a community would be forced to accept a ruling. SRCC MINUTES (Regular) 11/18/91 Page 6 SRCC MINUTES (Regular) 11/18/91 Page 7 Mayor Boro stated he is also concerned regarding the land use issue, and we can demonstrate our willingness to go forward as a County. He agreed with the need for care. Councilmember Shippey stated he will look forward with great interest to Councilmember Breiner's report, after Thursday night's meeting. 16. CITY COUNCIL REPORTS Councilmember Breiner moved and Councilmember Thayer seconded, to place the following urgency item on the agenda, since it came up after the agenda was posted. AYES: COUNCILMEMBERS: Breiner, Thayer & Mayor Boro NOES: COUNCILMEMBERS: Shippey ABSENT: COUNCILMEMBERS: Cohen PARKING METER HOLIDAY EXTENDED IN DOWNTOWN - File 11-18 (Verbal) Councilmember Breiner recommended starting the parking meter holiday as soon as staff can get the meters ready, prior to next weekend, in order to encourage shoppers to shop earlier in the Downtown area. She stated that Thanksgiving is so late this year that it would cut down on the shopping time. City Manager Nicolai stated the crews can be rescheduled and get the meters posted. Councilmember Breiner moved and Councilmember Thayer seconded, to have the parking meter holiday commence this coming weekend, and that the meters be fixed accordingly. Under question, Councilmember Shippey inquired how much will this change in dates cost, and Ms. Nicolai stated she does not know, but it will not be much, possibly four days extra. Public Works Director Bernardi explained that when the meters are being posted they will also have their maintenance work accomplished, and those which have to be adjusted to not receive pennies will have that done at the same time. Councilmember Shippey stated he is not convinced that this is advisable, due to possible loss of funds which he does not think will be offset by increased sales. Ms. Nicolai explained that the parking meter money does not go into the General Fund, but goes to the Parking District. Mayor Boro noted that with the lateness of Thanksgiving holiday, there are less days to shop, and this will result in four additional days. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ADD ITEM Breiner, Thayer & Mayor Boro Shippey Cohen COUNCIL VISIT TO CITY OF MOUNTAIN VIEW TO COMPARE CITY GOVERNING IDEAS - File 9-1 (Verbal) Mayor Boro reported that 13 people from the Downtown Plan Committee, including Councilmember Thayer and Mayor Boro, went to the City of Mountain View to look at their downtown area. He said they were very much impressed with their Performing Arts Center and other municipal buildings, and noted that they had financed it through $60 million in Certificates of Participation, which do not require a vote of the people. There being no further business, the meeting adjourned at 9:45 PM, and the City Council reconvened the Closed Session on Labor Negotiations. There was no reportable action taken. JEA . LEOCIN, i ' Jerk y APPROVED THIS DAY OF , 1991 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 11/18/91 Page 7