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HomeMy WebLinkAboutCC Minutes 2005-04-04SRCC Minutes (Regular) 04/04/2005 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 4, 2005 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM Present: Albert J. Boro, Mayor Barbara Heller, Vice -Mayor Paul M. Cohen, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Conference with Labor Negotiators (Government Code Section 54957.6) Negotiators: Ken Nordhoff, Lydia Romero Employee Organization: i San Rafael Firefighters' Association Assistant City Attorney Gus Guinan announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:17 PM i� CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as follows: Int#►ail 2. Approval of Minutes of Regular Meeting of Monday, March 21, 2005 (CC) 3. Summary of Legislation Affecting San Rafael (CM) — File 116 x 9-1 4. Approval of the General Services Authority Joint Powers Agreement: (CM) — File 4-13-112 x 4-4-6 x 4-4-6a x 4-4-6b x 4-4-6c a) Resolution Authorizing the Mayor to Sign the Joint Exercise of Powers Agreement Establishing the Marin General Services Authority; and b) Resolution Authorizing the Termination of the Marin Streetlight Acquisition Joint Powers Authority and Transfer of its Assets and Liabilities to the Marin General Services Authority RECOMMENDED ACTION Minutes approved as submitted. Accepted report. a) RESOLUTION NO. 11722 — RESOLUTION APPROVING THE JOINT POWERS AGREEMENT CREATING THE MARIN GENERAL SERVICES AUTHORITY AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY OF SAN RAFAEL b) RESOLUTION NO. 11723 — RESOLUTION AUTHORIZING THE TERMINATION OF THE MARIN STREETLIGHT ACQUISITION JOINT POWERS AUTHORITY AND THE TRANSFER OF ITS ASSETS AND LIABILITIES TO THE MARIN GENERAL SERVICES AUTHORITY SRCC Minutes (Regular) 04/04/2005 Page 1 SRCC Minutes (Regular) 04/04/2005 Page 2 5. Resolution Authorizing an Agreement Between RESOLUTION NO. 11724 — the Firm of Abey/Arnold Associates, Landscape RESOLUTION AUTHORIZING Architects, and the City of San Rafael for AGREEMENT BETWEEN THE CITY Professional Landscape Architectural Services OF SAN RAFAEL AND (CS) — File 4-3-437 x 9-3-66 ABEY/ARNOLD ASSOCIATES FOR PROFESSIONAL LANDSCAPE ARCHITECTURAL SERVICES TO DESIGN AND CONSTRUCT ADA UPGRADES TO SUN VALLEY PARK (TERM OF AGREEMENT — ONE YEAR COMMENCING APRIL 5, 2005 AND ENDING ON APRIL 5, 2006; UPON MUTUAL AGREEMENT OF PARTIES, AND SUBJECT TO APPROVAL OF CITY MANAGER, TERM SHALL BE EXTENDED FOR AN ADDITIONAL PERIOD OF ONE YEAR) 6. Resolution Authorizing Agreement Between RESOLUTION NO. 11725 — County of Marin and the City of San Rafael RESOLUTION AUTHORIZING THE Regarding the Marin Literacy Program (Lib) — MAYOR AND CITY CLERK TO File 4-13-86 x 9-3-61 EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING THE MARIN LITERACY PROGRAM (From 10/18/04 — 6/30/05) 7. Monthly Investment Report for Month Ending Accepted Monthly Investment Report February 2005 — File 8-18 x 8-9 for month ending February 2005, as presented. 8. Resolution Accepting a Proposal from Harris & RESOLUTION NO. 11726 — Associates for Design and Preparation of Plans RESOLUTION ACCEPTING and Specifications for Fifth Avenue PROPOSAL FROM HARRIS & Bicycle/Pedestrian Pathway Project and ASSOCIATES FOR DESIGN AND Authorizing the Public Works Director to Execute PREPARATION OF PLANS AND the Agreement in an Amount not to Exceed SPECIFICATIONS FOR FIFTH $57,000 (PW) — File 4-3-438 x 9-3-40 x 261 AVENUE BICYCLE/PEDESTRIAN PATHWAY PROJECT, AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $57,000 9. Resolution Authorizing Street Closures for the RESOLUTION NO. 11727 — 18`h Annual May Madness Classic Car Parade on RESOLUTION AUTHORIZING THE Saturday, May 21, 2005 (RA) — File 11-19 TEMPORARY CLOSURE OF CITY STREETS FOR THE 18"" ANNUAL GREG BORELLI'S MAY MADNESS CLASSIC CAR PARADE ON MAY 21, 2005 10. Resolution Authorizing Street Closures for the RESOLUTION NO. 11728 — 2005 Italian Street Painting Festival on June 11`h RESOLUTION AUTHORIZING THE and 12`h (RA) —File 11-19 TEMPORARY CLOSURE OF CITY STREETS FOR THE YOUTH IN ARTS ITALIAN STREET PAINTING FESTIVAL 2005 ON JUNE 11-12, 2005 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 04/04/2005 Page 2 SRCC Minutes (Regular) 04/04/2005 Page 3 SPECIAL PRESENTATION: 11. PRESENTATION BY MARIN COUNTY SUPERVISOR SUSAN ADAMS AND MARIN COUNTY COMMUNITY DEVELOPMENT DEPT. REPRESENTATIVE RE CITIES FOR Supervisor Susan Adams thanked the Mayor and City Council for affording her the opportunity to discuss the International Council for Local Environmental Initiatives (ICLEI) program, which is working on climate change one city, county and province in the world at a time. Explaining that the Marin County Board of Supervisors had taken several steps to address this issue on a number of fronts, and noting the County was a member of ICLEI, she reported it had been wonderful working with this organization, learning what cities and counties all over the world were doing and sharing ideas. In the San Francisco Bay Area, Supervisor Adams reported that Alameda County had utilized the support of the ICLEI organization and the granting and programmatic support available to assist them in the planning of solarizing the Santa Rita jail. She indicated that since doing this they had realized approximately $8 million in energy savings which were going back to paying revenue bonds; therefore, not only was it good for the planet, it could also be good for the bottom line. Supervisor Adams stated she had distributed small green cards to the City Council which highlighted some of the reasons why it was important that those at the local level paid attention to global warming. She explained that nine of the ten warmest years on record occurred between 1990 and 2001, and at the beginning of 2001, Britain emerged from its wettest winter in more than 270 years of record keeping. She noted that 2004 was the wettest on record for Texas, the driest for parts of Southern California and Western Arizona, and the warmest on record for Alaska. Having a brother living on the Aleutian Chains in Alaska, she reported he indicated there was minimal snow this year, which was a concern for them. Supervisor Adams stated that the State of Washington had experienced its second most severe drought on record, while this year, Los Angeles was experiencing its wettest year. Worldwide, economic losses resulting from severe weather events had been doubling over the past forty years and were predicted to soar to $150 billion annually in the next ten years. She indicated that sea levels were rising leading to flooding of low lying areas, and in fact, islands in Micronesia were completely gone and they had requested the United States to step up and support the Kyoto Protocol which would make the commitment to trying to help reduce greenhouse gases. Regarding an increase in global temperatures, Supervisor Adams stated that in less than 100 years it was anticipated temperatures would rise 11Tcand while 11Tcdid not sound like a big deal, she indicated that 2Tcincreases the human death rate in Atlanta, 3Tcincreases the winter related deaths in Seattle, 47rwould decimate 50% - 70% of the maple forests in New England, and with 5Tctrout would vanish completely from nine U.S. states. She noted peer research scientists were identifying these issues. Noting higher rates of pulmonary disease, Supervisor Adams reported that Marin County has the fourth highest rate of Asthma of any of the counties in the State of California. She noted drier seasons carry more insects and rodents and there were a number of issues where the implications were evident. She reported that some of the businesses that tried to address this from a business perspective, i.e., Eastman Kodak, saved approximately $10 million in energy costs through their climate protection and energy efficiency programs and had been recognized by the EPA (Environmental Protection Agency) for their leadership; therefore, not only was it good for the climate, rather it was also good for their bottom line. Supervisor Adams reported that B.P. (British Petroleum) reduced its greenhouse gas emissions by one-fifth, spent $20 million to implement a reduction; however, in the process, realized $650 million in savings within three years. She reported that in the period between 2001 and 2004, the City of San Francisco saved almost 75,000 tons of carbon dioxide emissions through $10 million of energy efficiencies. Indicating that the County had taken some steps, Supervisor Adams explained that "gas guzzling" four -doors had been replaced with Toyota or Honda hybrid or electric vehicles. Gas efficiencies were being looked at when replacing larger vehicles and the maintenance building's roof had been replaced with a photovoltaic panel, which already had saved money, and in the next couple of years would be paid off, resulting in reducing 2 million tons of emission from the environment. Supervisor Adams reported that many other energy savings had been achieved internally that had helped to save on their bottom line. They had invested in a Green Team committed to helping cities and counties become certified businesses. Noting ABAG (Association of Bay Area Governments) had been involved in certifying green businesses, she stated that in fact, several San Rafael businesses had already been certified and people were requesting products from such businesses. This, she stated, was a marketing strategy which could raise sales taxes and help the bottom line for cities also. SRCC Minutes (Regular) 04/04/2005 Page 3 SRCC Minutes (Regular) 04/04/2005 Page 4 Introducing Ryan Bell from ICLEI, Supervisor Adams stated he would elaborate on what ICLEI was and what they could do for the City for free, and Gwen Johnson, Green Planner, Marin County Community Development Department, would give a presentation on how the County was able to achieve some of these goals. She indicated they also were pursuing community choice aggregation and would not only be looking towards the County, but also the cities and water districts to try to build a portfolio whereby green energy could be purchased. She anticipated a 1% - 14% reduction in energy costs to consumers in households and businesses should it be possible to aggregate countywide. Supervisor Adams reported that Marin County recently passed a Marin County version of the Kyoto Protocol and was making the commitment to join the nations of the world in creating better climate conditions. She believed a number of Marin cities were also considering this and she noted a copy of the resolution was included with the packet of information supplied. Finally, on behalf of Marin County, Supervisor Adams presented to the City of San Rafael a one-year membership to ICLEI to enable the City to avail itself of one full year of services and support should San Rafael choose to embark down the path of energy efficiencies and climate protection. Ryan Bell, Program Officer, ICLEI — Local Governments for Sustainability, indicating he worked in the U.S. National Office in Berkeley, California, welcomed San Rafael as one of the newest members of the organization. Using PowerPoint, Mr. Bell explained that ICLEI was an international non-profit association of local governments which had been in operation for fifteen years. Having been formed in the run- up to the earth summit in Rio de Janeiro in 1992, he stated in the lead up to that event, local governments from around the world expressed an interest in taking part in activities to help global environmental conditions; however, again and again, the message was heard that in a time of tight local budgets there was a lack of staff time and resources that could be put towards tackling these large daunting issues. Also, as there was no need to re -invent the wheel 6,000 times in local governments around the world, under the auspices of the United Nations, ICLEI was formed as a non-profit association of these local governments to provide technical assistance and support, and help in any way possible to assist local governments work on environmental and sustainability programs at home. Mr. Bell reported that currently they work with 153 jurisdictions in the United States, with communities of all sizes, from New York City and Los Angeles down to Telluride, Colorado and Cotati in Northern California and are working with all different forms and types of local governments. Indicating they also are an international organization, he stated he works in the U.S. office in Berkeley, and they also have offices on every continent in the world, as well as a number of programmatic offices in sub regions. Reporting they work through a number of campaigns, Mr. Bell explained they have a Communities 21 Sustainability campaign, which Alameda County took part in to conduct baseline sustainability inventories for five local governments and communities to identify what was being done well and what needed improvement in order to improve the environmental, social and economic conditions within the county. Indicating that their largest program was the "Cities for Climate Protection Campaign," Mr. Bell explained this was an international initiative, bringing together approximately 650 jurisdictions around the world representing 20% of the United States' greenhouse gas emissions, and approximately 7% - 10% of the world's greenhouse gas emissions. He expressed the hope that local governments would take active steps to improve their bottom line and local social conditions, while reducing greenhouse gas emissions under the philosophy that cumulative local action could have quite significant, positive global impacts. Mr. Bell reported that in this campaign, a committee of local governments his organization works with developed a five Milestone process to ensure that success could be had in meeting emissions reduction targets. He indicated they help jurisdictions conduct a baseline emissions inventory. They provide a software tool to local governments to conduct a baseline energy audit, calculate the vehicle miles traveled within their community and waste to dispose of, converting that into greenhouse gas emissions and air pollutants, to do a baseline across the community and within the local government itself and its operations, a baseline analysis of the emissions. Mr. Bell stated they then assist jurisdictions set targets for emission reduction, develop local action plans with quantified results for achieving those targets, provide assistance in implementing the local action plan, and monitoring and reporting on the results. Indicating that cumulative action could have large global impacts within the United States alone, Mr. Bell stated that the local governments they work with have reported over 20 million tons of greenhouse gasses being reduced each year. This, he stated, was coming at a significant SRCC Minutes (Regular) 04/04/2005 Page 4 SRCC Minutes (Regular) 04/04/2005 Page 5 financial saving - over $400 million in energy and fuel costs were being saved. He pointed out that the City of Tucson, Arizona, which explored switching the color of their roof at a cost of approximately $6,000, had a four-year payback and were saving approximately $4,000 annually in air conditioning costs at just one facility. He also noted that Ann Arbor, Michigan, through their emissions reduction program, put into place an energy officer, whose program was the only one within the city actually returning money to the General Fund through energy savings. To assist, Mr. Bell stated they have a program they suggest local governments follow; however, they also provide a number of resources. He indicated he spends most of his day answering questions that come in from City Councils and staff members from around the country about policies and programs they wished to implement. Noting they are a network of jurisdictions, he stated that when cities wished to do something new, it was probable that one of the other 150 plus jurisdictions in the network had already done something similar. He, therefore, helps generate white papers, fact sheets, puts staff members in contact with their colleagues around the country to discuss how programs were initiated, the hurdles that had to be overcome, how they were overcome and the results observed. He stated they also have a variety of publications, websites and a software program to help local governments conduct an energy audit and emissions analysis. They also provide access to the national/international stage for recognition for the great programs happening at the local level. He noted ICLEI was the official mouthpiece for local governments at U.N. negotiations and meetings such as the World Summit on Sustainable Development that took place in 2000 in Johannesburg, South Africa, or annually, the negotiations around the Kyoto Protocol. He indicated they provide scholarships and stipends for local elected officials and staff members to attend these forums, make presentations to the international bodies, discuss what was happening and the needs local governments have to implement the programs being proposed at the national and international levels. In conclusion, Mr. Bell welcomed the City of San Rafael as a new ICLEI member and suggested potential next steps to take part in the Cities for Climate Protection Campaign. To take part in the full range of services provided by ICLEI required a show of commitment on the part of the City, usually in the form of a Council resolution committing to quantify energy and emission sources and identifying a staff member to work closely with ICLEI to reduce those emissions levels. Mr. Bell indicated that now was a perfect time for the City to take part in this program in that through the generosity of the Marin Community Foundation they had a grant to provide very directed technical assistance to local governments within Marin County. He stated that throughout the year they were holding a series of workshops, meetings and events to be able to help communities work through these processes. Therefore, beyond the regular services they provide to all communities, they were in a position to provide an added level of support at this time to jurisdictions within Marin County. Mr. Bell introduced Gwen Johnson, County of Marin. Gwen Johnson stated she works with the Marin County Community Development Agency as well as the Public Works Department on climate change efforts, and she would primarily focus on what was already happening in Marin to address climate change and discuss the resources, in addition to ICLEI, the City of San Rafael could leverage to help address greenhouse gas emissions in ways that did not require a huge investment of staff resources and time, and could also help realize operational savings. By way of a PowerPoint presentation, Ms. Johnson explained that Milestone 1 was the greenhouse gas inventory, conducted and finished in 2003, which basically found that transportation accounted for the bulk of greenhouse gas emissions, at about 53%, with buildings accounting for approximately 44%. Reporting that targets had been set to reduce emissions (Milestone 2), Ms. Johnson stated that 20% had been set for internal government, specifically for County operations, and a 15% reduction countywide with the understanding that there was less control over what the community did as a whole to reduce emissions. Explaining Milestone 3 of the Action Plan, Ms. Johnson stated this was incorporating policies throughout the Countywide Plan to address climate protection and planning sustainable communities. Regarding Milestone 4 — The Implementation Plan — she indicated that the Countywide Plan would adopt it probably late in 2005 and this would be the beginning of the implementation for their Climate Protection Program also. In connection with addressing climate protection countywide, Ms. Johnson stated that with regard to recycling there was a 71 % diversion rate, which although not created to specifically reduce greenhouse gas emissions, without it emissions would be 5% higher. She indicated there were 17 businesses in the Green Business Program in San Rafael; therefore, one by one, individual businesses were being assisted in reducing energy use, water consumption and waste generation. With regard to Solar energy installations, she stated there were 580 SRCC Minutes (Regular) 04/04/2005 Page 5 SRCC Minutes (Regular) 04/04/2005 Page 6 photovoltaic systems installed in Marin, mostly on residential properties, i.e., 2.7 kilowatts that help to avoid approximately 2.8 million lbs. every year. She stated that 150 of these photovoltaic systems were installed in San Rafael. Ms. Johnson noted the increased trend for hybrid cars which help with escalating gas prices, reduce independence on foreign oil and help with air quality issues, etc. Together with the multiple benefits of purchasing a hybrid car, she stated emissions went from approximately 10 tons of CO[ per year per car with a similar sized sedan to 3.5 tons of CO[ emitted with a hybrid. Regarding potential benefits of the community choice aggregation, Ms. Johnson reported that a study had just been finished that indicated the potential to reduce energy bills by $6.8 million per year while increasing purchases of renewable energy up to 51 %, and stabilizing energy prices. Ms. Johnson listed efforts internally at the County to reduce CO[, ■ They had undergone a lot of lighting and HVAC retrofit;. ■ Going from incandescent to LED traffic signals had reduced bills to 1/6' of what they were; ■ As well as hybrid vehicles, they were using biodiesel in some County diesel trucks, noting biodiesel was basically a vegetable based fuel with 70% less CO[ emissions than regular diesel; ■ Recycling; ■ They offer employee commuter incentives that include biking, walking, public transportation and carpools; ■ They also have an 89 kilowatt photovoltaic system that had reduced annual energy bills from $24,000 to $2,000 annually; ■ Kyoto Protocol. Ms. Johnson presented a slide depicting some energy projects over the past three to four years Lighting retrofits, HVAC upgrades and a photovoltaic system that cost $1.4 million; however, subsequent to rebates and grants the out of pocket amount was $760,000, with an annual savings of $340,000. She stated this resulted in a payback of 2.2 years and a greenhouse gas reduction of 2.1 million lbs. annually. Regarding resources available to San Rafael, Ms. Johnson indicated they completed conducting their inventory analysis and in the process of the initial data collection they had approximately 80% - 85% of the data the City would need to carry out its own inventory analysis, and this information could be provided. Ms. Johnson stated that the County has an undergraduate intern for the summer, who is specifically interested in working on climate change issues, at no charge. She indicated that this intern's hours could be donated should the City require assistance with an inventory analysis. Regarding the solar program, Ms. Johnson stated that in addition to the County a lot of local governments in Marin had been looking at solar, i.e., Las Gallinas Valley Sanitary District, West Marin Elementary School, Ross Valley District, and she believed Novato was about to install solar on the corporation yard. She stated there were a lot of resources available to assist in specifically carrying out economic analyses of solar for buildings, together with procurement resources. Ms. Johnson stated that a further resource she believed would be good for the City to leverage was the Marin Energy Management Team. She explained this was made up of five organizations that had come together to provide services for free to cities, towns and schools. Funded by the California Public Utilities Commission over the next few years, they could provide access to historic energy data, conduct investment grade audits and identify financing, together with engineering support and staff training. Noting Mr. Bell mentioned that no one wished to reinvent the wheel, Ms. Johnson stated they had a lot of people who had already gone through this process. From Marin County, Novato was a member, as well as San Francisco, Oakland, San Jose, Los Angeles, San Diego and Davis. She expressed the hope that San Rafael would avail themselves of their services. Referring to the mantra "Think Globally, Act Locally," Supervisor Adams stated that while she was aware no action could be taken this evening she invited the City Council to consider one or more of the following future actions: ■ Passing a local resolution to support the Kyoto Protocol and initiate at least the first steps for the assessment, since almost all of the information was available presently and the City had been offered a free intern in the process; SRCC Minutes (Regular) 04/04/2005 Page 6 SRCC Minutes (Regular) 04/04/2005 Page 7 ■ Consider participating and becoming certified as a green business. She noted Marin County and a number of cities and counties in ABAG had been certified; and ■ Consider participating in the process, learning and discussions for community choice aggregation as the issue goes forward to determine whether there was benefit for San Rafael. Supervisor Adams stated that while all of these were not only good for the planet she believed they were good for the bottom line, and she expressed appreciation for having been afforded the opportunity to make the presentation this evening. Mayor Boro stated he was pleased to announce that both City Manager Gould and Councilmember Miller had already purchased Prius automobiles. Expressing appreciation for the membership and tonight's presentation, he indicated that staff would evaluate the recommendations and inform Supervisor Adams when the City was ready to take some action. COUNCIL CONSIDERATION: NEW BUSINESS: 12. ALBERT PARK BOCCE BALL COMPLEX: (CS) — FILE 4-3-275 x 202 x 9-3-66 a) CONSIDERATION OF RESOLUTION AUTHORIZING THE AMENDMENT TO THE ALBERT PARK MASTERPLAN b) CONSIDERATION OF RESOLUTION AUTHORIZING THE SIGNING OF THE AMENDED FACILITY USE AND MANAGEMENT AGREEMENT FOR THE ALBERT PARK BOCCE BALL COMPLEX Community Services Director Carlene McCart announced that this item had two segments, the first of which was a recommendation by the Park and Recreation Commission to amend the Albert Park Masterplan to allow for the reuse of the brick building that remained at 535 B Street, adjacent to the Bocce complex. She reported that the Masterplan was last amended in 2000 when the Parkside Child Care facility was added, and prior to that in 1992, when it was planned to add the Bocce complex originally, the Lonatese Garden, and playground towards the front of the property. Ms. McCart stated that in 1992, the Park and Recreation Commission and staff began to solicit community partners for the reuse of the two buildings at 522 and 532 B Street; however, it found then and until now no interested parties. She believed this was due to the age and condition of those brick buildings and the site constraints - the buildings were landlocked between the Bocce complex, the apartment complex next door and B Street - the parking limitations and size of the buildings. Ms. McCart reported that in November 2003, the Marin Bocce Federation presented the first and only viable proposal in ten years - a plan that enticed staff and ultimately, the Park and Recreation Commission. She stated it was first proposed to staff and City officials as a four - pronged type approach for the reuse of the brick buildings. The 522 B Street hollow brick construction was deemed seismically unsafe and it was agreed early in the process that it was not salvageable. Mr. Andrew Preston, Public Works Director, condemned the building and the Marin Bocce Federation assisted the City to achieve a pro bono service from Mario Ghilotti to demolish and remove it. Ms. McCart stated the building was demolished in February, 2005. She indicated that the second part of the proposal from the Marin Bocce Federation was to re - roof the remaining building and conduct seismic upgrades to make it a safe and habitable one, which eventually would receive the third part of plan, i.e., improvements to the interior. Those improvements would include two indoor Bocce courts, a small serving kitchen that would act as a cafe for those at the complex, and office space for the Federation management. Ms. McCart stated that the fourth portion of the project was the expansion of the building back out to B Street, allowing for space for community meeting rooms, storage and indoor restrooms serving both the outdoor and indoor facilities. Indicating it was a long-range plan, Ms. McCart stated the estimate was that it would take probably ten years to complete all of the phases; however, one of the most attractive aspects was that the Marin Bocce Federation proposed no cost to the City. They were willing to bear all the cost of the retrofitting, re -roofing, improvements and eventual expansion. Ms. McCart stated that the Park and Recreation Commission made a thorough review of the plans and set forth recommendations for regular reviews of progress of the project. They recommended the amendment on the basis that it provides a reuse of the building compatible with the other Albert Park amenities and the reuse allows for a public benefit in the form of expanded recreation facilities. It calls for no changes in the park, no one component is being diminished in order to expand the use of the building, no significant traffic or parking increases as identified by the City's Traffic Engineer, no investment or ongoing cost to the City of San SRCC Minutes (Regular) 04/04/2005 Page 7 SRCC Minutes (Regular) 04/04/2005 Page 8 Rafael in this proposal and the project would expand a successful ten-year relationship with the Marin Bocce Federation. Indicating the second part related to the Use Agreement, Ms. McCart explained this was an expansion from the original 1994 agreement which had been modified several times to allow for the expansion of the operations of the Bocce complex by the Federation, as well as the expansion of the facility itself. She reported it had grown by two outdoor courts and many other amenities together with landscaping over the ten years of its existence. Ms. McCart stated there had been a long and thoughtful conversation about the proposal the Federation had put forth for the reuse of the brick building, and this was included in the agreement. Ms. McCart stated that the agreement sets forth the duties and responsibilities of both the City and Marin Bocce Federation as they have evolved over the last ten years. In addition, it outlines the progression of the repairs and renovation and improvements to the brick building. She stated it also defines a process for the project to be publicly reviewed and determined that it continues on a public benefit path. She indicated that the agreement carries no financial commitment for the City of San Rafael, rather places all of the financial responsibilities for the current ongoing operations of the Bocce complex, about $25,000 annually, and the associated project costs, estimated to be approximately $900,000 - $1.1 million worth of improvements and renovations, solely on the Federation. Ms. McCart stated that the term of agreement is expanded from the current five years to ten years because it is anticipated to be a multi -phased project and the desire was to conclude it within one agreement. In light of the success of the Bocce complex and the proven ability of the Marin Bocce Federation not only to maintain operations but also to manage a capital project, Ms. McCart stated staff and the Park and Recreation Commission recommend approval of the Amended Facility Use and Management Agreement. Ms. McCart noted that Dolly Nave and Joe Martino of the Marin Bocce Federation Board were present should there be questions. Joe Martino, Marin Bocce Federation, stated that it had been a great partnership between the City, the business community and users of the Bocce Federation facility. He believed that over ten years they had proved to be a great community resource, noting a number of non-profit organizations holding their fundraisers at the complex, and he believed they were a model for other communities to see what a partnership such as this could do and provide in terms of facilities for citizens. Mayor Boro inquired as to how many people played Bocce at the facility on an annual basis Mr. Martino reported that approximately 1,000 people played Bocce weekly. He stated this did not preclude the possibility that some attended twice; however, the rosters, teams and players indicated that attendance amounted to at least 1,000 weekly, plus the countless number of people who participated on weekends when the courts were available for rental. He noted that players from other municipalities play tournaments there also. Mr. Martino stated they looked forward to continuing the partnership over the next ten years. Agreeing with Mr. Martino's remarks, Mayor Boro stated this had been a great asset to the community. He believed the entire park was transformed by what happened in that corner, and along with the Childcare Center, etc., he believed this park had become a jewel in the community over the past ten or twelve years. Being a public park with public meeting rooms, he noted annual audits would be conducted in February, thus ensuring the public had some level of access. He confirmed that people could use the coffee shop should they so choose, and the public had the opportunity to play at certain times, which would continue. Ms. McCart confirmed that staff checks in with the Marin Bocce Federation on an annual basis, not only for their financial records but also for their program records. Councilmember Cohen echoed the comments that this had really been wonderful and he expressed appreciation for the work done, noting it was not something the City could have accomplished on its own and he was delighted to see the partnership continue. Regarding the issue of ownership, he noted the agreement did not reference the fact that this was public property, and he inquired whether it was assumed it remained the property of the City. He inquired also about the issue of ownership of the improvements, noting, of course, they were pretty much fixed in place. Assistant City Attorney Gus Guinan inquired whether Councilmember Cohen was specifically referencing what should happen to the improvements should the agreement terminate. Indicating it was a two-part question, Councilmember Cohen stated he sought some assurance that it was at least implied or understood there was no question of the City turning a public SRCC Minutes (Regular) 04/04/2005 Page 8 SRCC Minutes (Regular) 04/04/2005 Page 9 asset over to even as wonderful a non-profit private organization as the Marin Bocce Federation. Mr. Guinan reported that this issue was explored in 1994 when the agreement was first struck and he recalled that at the time, the City of Berkeley got into some trouble when they leased a public park solely to a lawn tennis club and the difference there was that that organization was exclusive to their members only, and this was found to be an unlawful lease of public park land. The reason this agreement was so structured, and as stated by Mr. Martino, the public has complete and free access to the entire complex, was to avoid that problem, and this was how the agreement was written. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 11729— RESOLUTION AUTHORIZING THE AMENDMENT OF THE ALBERT PARK MASTERPLAN AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 11730 — RESOLUTION AUTHORIZING THE SIGNING OF THE AMENDED FACILITY USE AND MANAGEMENT AGREEMENT FOR THE ALBERT PARK BOCCE BALL COMPLEX (TERM OF AGREEMENT SHALL BE FROM MARCH 1, 2005 UNTIL JANUARY 31, 2015) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro thanked Dolly Nave and Joe Martino for all their hard work and he requested that Ms. McCart thank the Park and Recreation Commission. He expressed thanks to Ms. McCart for bringing the items to Council and to Gus Guinan and Rod Gould for their input also. COUNCILMEMBER REPORTS: 13. a) Pickleweed Community Garden: - File 9-1 x 267 Through the auspices of Mr. Man Phan, Councilmember Miller stated he had procured documentation depicting the poignant thoughts of five residents on retaining the Pickleweed Community Garden, which he distributed to the City Council. b) State Budget/Transportation Funding: - File 9-1 x 9-11-4 Having attended a meeting today in Sacramento attended by Senate President, Don Perata, Councilmember Cohen stated that although highly speculative at this point, it appeared movement was underway to try to put some transportation funding back in the state budget. A two -fold strategy was being discussed, which included some opportunities for one-time money that could be appropriate to this, and depending on the package, he indicated it could be possible to identify a billion or so dollars. He reported that delaying putting a high- speed rail bond package on the ballot and replacing it with some type of transportation specific bond package that would generate a billion dollars was also being explored. All of this was intended to bridge the gap over the next couple of years to replace the Proposition 42 money and possibly fold into this, which all parties appeared to agree on, a Proposition 42 fix which basically would state that the gas tax money could not be borrowed any more. Councilmember Cohen stated that currently, the Governor's budget basically zeroed out transportation spending in the State of California and it appeared there was some serious movement, both in the Legislature and the Administration, to try to change that position and identify some money for this year and work towards doing the same next year. Regarding the Bay Bridge, Councilmember Cohen reported that Jim Ghielmetti, owner of Signature Properties, had just been reappointed to the California Transportation Commission, and he indicated they were working on an interesting idea about how to proceed. c) Association of Bay Area Governments (ABAG) Meeting: - File 111 Councilmember Heller reported that the ABAG meeting takes place on April 28, 2005, the subject of which would be Indian Gaming. SRCC Minutes (Regular) 04/04/2005 Page 9 SRCC Minutes (Regular) 04/04/2005 Page l0 d) League of California Cities — North Bay Division: - File 9-11-1 Councilmember Heller reported that Indian Gaming was also the subject of the North Bay Division of the League of California Cities' program this month. Noting State Assemblymember Joe Nation would be among the speakers, Councilmember Heller indicated she would provide the date. There being no further business, Mayor Boro, inviting all to stand in a moment of silence, adjourned the City Council meeting in memory of former Mayor, C. Paul Bettini, who passed away on Monday, March 28, 2005. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 2005 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 04/04/2005 Page 10