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
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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.
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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
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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
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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;
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■ 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
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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.
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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
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