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HomeMy WebLinkAboutCC Minutes 1991-12-16SRCC MINUTES (Regular) 12/16/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 16, 1991, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No Closed Session was held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 16, 1991, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Dorothy L. Breiner, Councilmember Paul M. Cohen, 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 APPOINTMENT OF PLANNING COMMISSIONER - File 9-2-6 Mayor Boro announced that earlier this evening the City Council had interviewed candidates for a vacancy on the Planning Commission and had appointed Gary Phillips to fill the unexpired term of Paul Cohen who was elected to the City Council. CONSENT CALENDAR Councilmember Breiner moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Approved as submitted. December 2, 1991 (CC) 3. Report on Bid Opening and Award of Contract - RESOLUTION NO. 8574 - AWARD OF Tiburon Street Storm Drain Improvements (PW) - CONTRACT (Tiburon Street Storm File 4-1-446 Drain Improvements, to L.J. Construction Co., lowest respon- sible bidder, in the amount of $15,340) 5. Acceptance and Approval of Annual Report and Audit for the San Rafael Redevelopment Agency (RA) - File 140 x 8-3 x (SRRA) R-62 x R-103 6. Acceptance of City's 1990/91 Fiscal Audit (Fin) - File 8-1 9. Resolution of Appreciation for Henry "Babe" Ghilotti Family for Memorial Christmas Tree at Courthouse Square (CM) - File 102 10. Extension of Agreement with Liebert, Cassidy & Frierson for Special Services (Pers) - File 4-3-214 AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Accepted Annual Report and Audit From the San Rafael Redevelopment Agency; to be forwarded to State Controller. Accepted report. RESOLUTION NO. 8575 - RESOLUTION OF APPRECIATION TO HENRY "BABE" GHILOTTI FAMILY (For Memorial Christmas Tree at Courthouse Square) RESOLUTION NO. 8576 - AUTHORIZING EXECUTION OF AGREEMENT BY CITY MANAGER FOR SPECIAL SERVICES BETWEEN CITY OF SAN RAFAEL AND THE LAW FIRM OF LIEBERT, CASSIDY AND FRIERSON (for 12 month term; fee in the amount of $1,875) Thayer & Mayor Boro SRCC MINUTES (Regular) 12/16/91 Page 1 SRCC MINUTES (Regular) 12/16/91 Page 2 The following items were removed from the Consent Calendar for further discussion: 4. REPORT ON CULTURAL AFFAIRS COMMISSION RECOMMENDATION RE: FUND RAISING FEASIBILITY STUDY (Cult.Affs) - File 4-10-250 x 9-3-84 x 9-2-24 Mayor Boro reported that he had met last week with Cultural Affairs Director Stratford and Cultural Affairs Commission Chairman Boughey to discuss the Feasibility Study. They came to an agreement that within the next month or so a small group of one or two Councilmembers, two or three Commissioners and two or three staff members schedule a half-day meeting to review the two previous Cultural Affairs planning documents, as well as current programs, to either reaffirm current goals or recommend changes. Following this, it is proposed to hold a Council/Cultural Affairs Commission workshop dealing with the Feasibility Study recommendation for a comprehensive institutional plan, as well as similar recommendations coming out of the efficiency study. Councilmember Thayer questioned the additional expenditure of approximately $19,000 indicated in the staff report to be used in this study. Mr. Stratford responded that $9,000 of this came from Falkirk Membership Fund and was approved by the Council approximately a year ago. Mayor Boro stated that this issue needs to be resolved before the Council would approve the staff recommendation. James Bouqhey, Cultural Affairs Commission Chairman, gave a brief explanation of the study, and stated that he agrees with Mayor Boro that the staff recommendation be tabled at this time. Councilmember Cohen stated this is a material commitment on the part of the City, and it should be studied further before a commitment is made because of the budget restraints. Councilmember Breiner moved and Councilmember Cohen seconded, that (one or two) Councilmembers meet with Cultural Affairs Commissioners as recommended, followed by a workshop between the Council and Commission in early 1992. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The Council agreed to appoint Mayor Boro to meet with two or three Commissioners, and either Vice -Mayor Breiner or Councilmember Cohen. 7. ADOPTION OF RESOLUTION AUTHORIZING RATE INCREASES FOR LEGAL SERVICES OF WHITMORE, JOHNSON & BOLANOS LAW FIRM (CA) - File 4-3-145 x 9-3-16 Councilmember Breiner inquired how often and in what capacity this law firm is utilized. City Attorney Ragghianti responded they are called upon in personnel matters, and their services are not required often; in fact, they were not called upon at all this year. City Manager Nicolai added that they are held in reserve, and that we are doing almost everything in-house. This is simply an update of the firm's rates. Councilmember Thayer stated it would be more professional to take care of matters in-house, and noted their high hourly rate. Ms. Nicolai stated that while we take care of most legal matters in-house, this is one of the top legal firms in the State for personnel and labor negotiations issues. Councilmember Cohen stated he assumes the City Attorney considers local firms first when looking for assistance. City Attorney Ragghianti stated he approves the use of outside legal firms when necessary, and only when specific expertise is required does he go outside of the County. Otherwise, he tries to stay with San Rafael legal firms. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution approving rate increases for legal services from law firm of Whitmore, Johnson and Bolanos. RESOLUTION NO. 8577 - AUTHORIZING THE CITY COUNCIL OF SAN RAFAEL TO APPROVE RATE INCREASES FOR LEGAL SERVICES OF WHITMORE, JOHNSON & BOLANOS LAW FIRM SRCC MINUTES (Regular) 12/16/91 Page 2 RP SRCC MINUTES (Regular) 12/16/91 Page 3 AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AUTHORIZATION TO CALL FOR BIDS FOR LIGHTING IMPROVEMENTS AT THE SAN RAFAEL COMMUNITY CENTER AND ALBERT PARK (Rec) - File 4-1-449 Councilmember Breiner inquired if there is other required work which could be achieved at the same time as the lighting work is being done as Phase I. Recreation Director McNamee stated she will look at that issue, noting that it is planned to be done in two phases. City Manager Nicolai pointed out that other work would be done by another contractor, that this would be an electrical bid. Councilmember Cohen noted that the grant funding would be tied to the lighting project, and cited the possibility of Phase II resulting in left -over funds which might be utilized for added improvements. Ms. McNamee stated that is a possibility. Councilmember Breiner moved and Councilmember Thayer seconded, to approve the staff recommendation and authorize a call for bids for lighting improvements at San Rafael Community Center and Albert Park. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION 11. PRESENTATION OF RESOLUTION OF APPRECIATION TO THE HENRY "BABE" GHILOTTI FAMILY FOR MEMORIAL CHRISTMAS TREE AT COURTHOUSE SQUARE (CM) - File 102 Mayor Boro presented the Resolution of Appreciation to Gary Ghilotti for the memorial Christmas tree at Courthouse Square, and mentioned the many accomplishments of Henry "Babe" Ghilotti which were of benefit to San Rafael. Mr. Ghilotti thanked the Council and pledged the family's continuing support of the community. 12. REPORT ON SAN RAFAEL CANAL DREDGING (PW) - File 12-10 City Manager Nicolai reported for Public Works Director Bernardi, who was ill, on the status of the Canal dredging. She stated that Mr. Bernardi has been meeting with the Corps of Engineers, as well as exploring the option for a financing mechanism provided in SB683 which was just passed into law in October. Mr. Bernardi is meeting with the sponsors of the Bill to determine if the treatment of dredged soils could be financed under this legislation. She noted there is also the possibility of forming an assessment district. Ms. Nicolai stated there will be an updated report on this issue at the January 21, 1992 meeting. 13. REPORT ON DRAFT SAN QUENTIN PRISON EXPANSION ENVIRONMENTAL IMPACT REPORT (EIR) (P1) - File 10-2 Planning Director Pendoley briefed the Council on the Draft Environmental Impact Report (DEIR), stating that the most important impacts relate to traffic. He has asked that this be studied further, particularly as it relates to the impact on the Bellam Boulevard Interchange. There would also be an impact on Sir Francis Drake Boulevard. Another concern is the jobs/housing balance. He stated this project would substantially increase the number of employees at the prison, but we would not expect that with their salaries they could afford a medium size home in Marin. Mr. Pendoley also cited the prime impact relating to the release of parolees at the Transit Center in San Rafael. He stated they are released to their home County, but would go through our Transit Center on their way. There is also the question of families of the inmates living in this area. Mr. Pendoley noted that comments made previously by San Rafael resident Harry Winters, are significant and he has echoed many of them. He stated that if the Council concurs with his analysis, he will forward the comments to the State. Councilmember Breiner stated this is a very well thought through report. She noted she believes the City does not have any jurisdictional ability if the State decides to proceed. She inquired if the State must give the City an answer to our issues. Mr. Pendoley responded that the State is obliged to give answers, especially on the traffic issues. SRCC MINUTES (Regular) 12/16/91 Page 3 SRCC MINUTES (Regular) 12/16/91 Page 4 Mayor Boro noted that water and sewer capacity issues are their problem. He stated it is important that we are very explicit in our response and if the State goes ahead and does not contribute to the mitigation in the construction of Andersen Drive Extension there would be a significant impact, and it is important that we call that out. Councilmember Shippey inquired what legal recourse do we have if this results in an abrogation of our General Plan. City Attorney Ragghianti stated the City has no recourse. He stated he thinks that the State can proceed without regard to the City's General Plan and the Development policies of local agencies. Councilmember Thayer inquired at what point was this plan developed, and was it concurrent with our General Plan and, if so, why was it not considered. Mr. Pendoley responded this was a new initiative, and was not contemplated at the time the General Plan was prepared. Ms. Thayer stated there should be additional State funding for Bellam Boulevard or for Andersen Drive, depending on the impact. She inquired if the City has any input on the EIR, rather than just comments. Ms. Thayer cited this as an example of where regional planning is very important, and the traffic analyses could be more valid if this were regional. Councilmember Breiner asked that Mr. Pendoley give a report on the extent of the havoc this will work on the Congestion Management Plan, which has been mandated by the State. She suggested that perhaps we could get some money from the State because of this. Mr. Pendoley responded that they ought to give us a way to lever MTC (Metropolitan Transportation Commission), if we want to take political action. Ms. Breiner agreed. Councilmember Cohen recommended that, regarding parolee dropoffs, there possibly could be a way to distribute them so they would not all be dropped off at the Transit Center. He noted that the Larkspur Ferry Terminal is very close, and they could go to San Francisco from there. Mayor Boro reported he had spoken with Police Chief Ingwersen about that issue, and he was going to arrange a conference with the San Quentin Warden, but that has not yet been done. Mayor Boro said he wants to explore why the parolees are coming to San Rafael and not being taken to San Francisco, which is a central point. He is concerned about the impact on our area. Councilmember Thayer inquired about already -approved PPP's (Priority Project Procedure) not going through, and would it be a "taking". Mr. Pendoley stated it would not. City Attorney Ragghianti added that would be a tremendous problem, and we could amend our Plan, saying that this was an unexpected and unanticipated use which has resulted in the use of all available traffic and that for the benefit of the City of San Rafael we are going to permit additional development in the areas we serve despite the project. He noted that the City controls the LOS (Levels of Service). Councilmember Breiner stated that on the traffic portion of the report she feels it would be appropriate for the City to recommend carpools and van pooling provided by the Prison itself, to make it easier for people, and as a mitigation for the traffic issue. Mr. Ragghianti stated that if the Council determines that they did not wish to permit further development in this traffic impacted area, updated findings could be made to prevent others from coming forward and pulling permits, because of what the State of California had done. He stated that if the City could demonstrate that the public welfare would not permit additional development to go forward, and because the infra- structure was not there to permit it to go through because, in turn, the State of California had absorbed it all by expanding San Quentin, he said he feels it could be made to stick. He stated that is legally permissible. Councilmember Shippey moved and Councilmember Breiner seconded, that staff send the Council and staff's comments forward to the State. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. CITY COUNCIL REPORTS: a. PRELIMINARY REPORT ON VISIT TO FULLERTON AND BREA BY COUNCIL REPRESENTATIVES AND STAFF - File 9-2-43 x 218 x 9-1 (Verbal) Mayor Boro reported that both cities were very helpful to the group, and stated that a full report will be available at the first meeting in January. He noted that a writer from the Pacific Sun had been in the area and heard about the group's visit, and had written an in-depth article. SRCC MINUTES (Regular) 12/16/91 Page 4 SRCC MINUTES (Regular) 12/16/91 Page 5 Mayor Boro stated that the visit was very beneficial, and the residents are satisfied with the results of the programs. He noted they had covered crime prevention, street cleanup and inspection issues. Supervisor Giacomini was with the group, and the City's Code Enforcement Officer, Roy Butts, and his counterpart with the County. He noted Fullerton and Brea had added two Code Enforcement Officers, funded with Block Grants. The Brea job site was very successful, and serves women who go there for housework jobs, in addition to the men day workers. Councilmember Shippey remarked that the Acting Mayor of Brea had stated that the people utilizing the job site are largely undocumented workers, but that they add to the community. Mayor Boro noted that they are trying to deal with a problem similar to ours. b. FORUM ON NEEDLE EXCHANGE PROGRAM - File 13-1 x 13-15 x 9-1 Councilmember Breiner reported that the needle exchange issue is not sanctioned at State level as yet, but that there may be a Bill proposed in the State Legislature around the first of the year with regard to this program. She urged that the Council keep an open mind on this issue. Councilmember Shippey stated that the purpose is to reduce the incidence of a serious disease, and Ms. Breiner agreed. She stated that if a needle exchange becomes legal and the Council is interested in encouraging it, any interested people could become a part of the program. There being no further business, the meeting was adjourned at 9:30 P.M. JEANN�.LEONC%T,Ci APPROVED THIS DAY OF , 1992 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 12/16/91 Page 5