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HomeMy WebLinkAboutCC Minutes 1994-10-17SRCC MINUTES (Regular) 10/17/94 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 17, 1994, AT 7:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David J. Zappetini, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager Gary L. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - CITY COUNCIL Mayor Boro announced in Open Session that the City Council would be going into Closed Session to discuss the following Closed Session items: 1. CLOSED SESSION - CONFERENCE ROOM 201 a. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(a)) ■ Case Name: Bullock v. City of San Rafael, Marin County Superior Court Case No. 152271. b. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Government Code §54956.9(c): ■ Water Quality Association v. City of Escondido, et. al., San Diego County Superior Court, North County Judicial District No. N53243. (Request for City of San Rafael Participation as Amicus Party.) C. Conference with Labor Negotiator (Government Code §54957.6) Negotiators: Suzanne Golt/Daryl Chandler Employee Organization: San Rafael Firefighters' Association IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 17, 1994, AT 8:40 PM OPEN SESSION RE: CLOSED SESSION ITEMS la. City Attorney Ragghianti reported that no reportable action was taken. lb.City Attorney Ragghianti reported that Council agreed to participate as Amicus Party. (Unanimous vote). lc.City Attorney Ragghianti reported that Council agreed to approve conceptually a recommendation of the impasse panel bringing closure to the negotiations between the City's representatives and the San Rafael Firefighters' Association. (Unanimous vote). ADD ITEM: Councilmember Cohen moved and Councilmember Thayer seconded, that due to the late notice on this action since we were not able to place it on the agenda, that as an emergency action this item be placed on the agenda for immediate discussion. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RE: SAN RAFAEL FIREFIGHTERS' ASSOCIATION MOU AND IMPASSE PANEL'S RECOMMENDATIONS (CM) - File 7-8-2 x 9-3-31 Assistant City Manager and City Representative to the Negotiating Team Suzanne Golt stated that in Closed Session, staff reviewed with Council the impasse panel's recom- mendations to develop an MOU for a three-year period of time with the San Rafael Firefighters' Association and the City, going back to July, 1993, and extending SRCC MINUTES (Regular) 10/17/94 Page 1 SRCC MINUTES (Regular) 10/17/94 Page 2 through the end of June, 1996. The salary matters included in this MOU would be a 2% salary increase effective July 1, 1993; 2% January 1, 1994; 4% total compensation increase July 1, 1994; 4% total compensation increase July 1, 1995. Also included is a wide variety of other non -economic issues such as a joint salary survey prior to the negotiations of the next MOU and a variety of conditions that we agreed to in relation to promotional matters for classifications that are a part of the Firefighters' Association and agreement that the City and the Association will meet soon to complete discussions on the revised personnel Rules and Regulations. Councilmember Cohen moved and Councilmember Thayer seconded, to approve the recommen- dation of the impasse panel and approve the formal preparation of an MOU with the San Rafael Firefighters' Association. AYES: COUNCILMEMBERS: Cohen, Heller, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ORAL COMMUNICATIONS OF AN URGENCY NATURE: RE: EUTHANASIA OF DOGS - File 100 x 13-3 x 4-13-54 Thayer, Zappetini & Mayor Boro Sanford Gossman asked the Council to find the reason why the Marin County Humane Society killed his dogs. City Manager Nicolai indicated she will inquire about their procedure. RE: CRIME PREVENTION BOOKLETS - File 9-3-30 Bob Holmes, Government Relations Representative for Marin Association of Realtors, distri- buted copies of their new booklet "It's a Crime Not to Protect Yourself" to the Council, and furnished 1500 copies to the San Rafael Police Department. SPECIAL PRESENTATION 11. PRESENTATION OF 1994 U.S. MAYORS' END HUNGER AWARDS (CM) - File 109 x 13-1 x 9-1 Due to the lateness of the hour, Mayor Boro moved this item ahead. He explained that this award is from the U.S. Mayors' Conference to be given to people in the community who are nominated by various agencies for significant work, either as individuals or organizations, with respect to serving people with needs pertaining to hunger. Mayor Boro presented awards to Jeanne Bartholomew, Nominated by Canal Community Alliance; Yolanda Correa, Nominated by the Human Concern Center of Marin; Ursula Hawkins, Nominated by St. Vincent De Paul Society; Al & Jean Re, Nominated by Marin Community Food Bank; and the Terra Linda Rotary Club, Alan Truesdell, President, Nominated by Marin Senior Coordinating Council, Inc. Elizabeth Rafferty, Nominated by The Salvation Army, was not present to receive her award. CONSENT CALENDAR Councilmember Thayer moved and Councilmember Cohen seconded, to approve the recommended action on the following Consent Calendar items: ITEM 2. Approval of Minutes of Regular Meeting of October 3, 1994 (CC) 3. Resolution Amending Resolution No. 8860 Pertaining to the Compensation and Working Conditions for San Rafael Police Association Personnel (CM) - File 7-8-3 x 7-4 x 7-3 x 9-3-30 7. Seismic Repairs Report (PW) - File 13-11 x 13-1 9-3-40 x 1-6-1 x 4-3-235 RECOMMENDED ACTION Approved as submitted. RESOLUTION NO. 9237 - AMEND- ING RESOLUTION NOS. 5929, 6078, 6415, 6689, 7206, 7656, 8111, 8592 AND 8860 PERTAIN- ING TO THE COMPENSATION AND WORKING CONDITIONS FOR POLICE ASSOCIATION PERSONNEL (effec- tive 7-1-93 thru 6-30-96) Accepted report. 9. Closure of Andersen Drive Between East Sir Francis Approved staff recommendation Drake Blvd. to Jacoby Street, November 6, 1994, from 12:30 to 3:30 PM, for Veterans' Day Parade (PD) - File 11-19 x 104 10. Monthly Investment Report (Fin) - File 8-18 x 8-9 Accepted report. SRCC MINUTES (Regular) 10/17/94 Page 2 SRCC MINUTES (Regular) 10/17/94 Page 3 AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Heller (from Minutes of 10/3/94 only, due to absence from meeting) The following items were removed from the Consent Calendar for discussion: 4.RESOLUTION AUTHORIZING EXECUTION OF A CONTRACT FOR SECURITY SERVICES AT THE 3RD & A PARKING STRUCTURE (RA) - File 4-3-282 x 2-1-20 Councilmember Zappetini asked what power the security officers will have to enforce the laws, and are we liable at any point? Jake Ours, Assistant Executive Director, Redevelopment Agency, stated the security officers would have direct communication to the Bright Star dispatcher who would then call our Police Department for enforcement. He stated what we are actually hiring is a presence and a set of eyes to watch for anything that may go wrong. Mr. Zappetini asked if this would be ongoing or for a specific time. Mr. Ours answered that the recommendation is that it be ongoing, five days a week during the times when most occurrences happen and four visits a day on the weekends. Councilmember Zappetini moved and Councilmember Thayer seconded, to adopt a Resolu-tion authorizing the execution of a contract for security services at the 3rd & A parking structure with Bright Star Security, Inc., through June 30, 1995. Councilmember Thayer asked how well the parking structure was lighted at night. Mr. Ours stated it is not a matter of lights as much as the color of the walls. He noted the whole structure is being painted white and that, along with existing lights, should be more than adequate. Mayor Boro thanked staff for the creative solution to this issue. RESOLUTION NO. 9238 - AUTHORIZING EXECUTION OF A CONTRACT FOR SECURITY SERVICES AT THE 3RD & 'A' PARKING STRUCTURE WITH BRIGHT STAR SECURITY, INC. (thru June 30, 1995). AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None S.ACCEPT PROPOSAL FROM CH2M HILL TO CONDUCT PUBLIC PARTICIPATION ALTERNATIVES ANALYSIS FOR FREITAS INTERCHANGE (PW) - File 4-3-259 x 11-16 x 11-15 Councilmember Zappetini asked if there is a process by which we go out to bid for this. Public Works Director David Bernardi explained the work in this proposal was divided into phases, and this firm was selected by the City Council to do the design of the Phase 2 Interchange Improvements. He stated they were selected through a Council authorized proposal process, and this was endorsed by Shirley Fischer of the North San Rafael Coalition of Residents. Councilmember Cohen noted the recommendation in the staff report, that Council direct staff to prepare a letter to CalTrans requesting someone who will have irrevocable decision-making authority, and stated he hoped it will help in the process. Councilmember Cohen moved and Councilmember Zappetini seconded, to a.) adopt a Resolution authorizing the signing of a second agreement with CH2M Hill for professional engineering services for the Freitas Parkway Interchange Improvements; b.) direct staff to prepare a letter for the Mayor's signature requesting CalTrans to provide at least one participant to the Alternatives Study Project Advisory Team who will have irrevocable decision-making authority regarding design parameters; and c.) direct staff to develop a "Project Advisory Team" participants list for Council approval. RESOLUTION NO. 9239 - AUTHORIZING THE SIGNING OF A SECOND AGREEMENT WITH CH2M HILL FOR PROFESSIONAL ENGINEERING SERVICES FOR THE FREITAS PARKWAY INTERCHANGE IMPROVEMENTS (in amount of $72,600; amendment shall be in a form approved by the City Attorney). AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 10/17/94 Page 3 SRCC MINUTES (Regular) 10/17/94 Page 4 Councilmember Cohen asked if we are precluded from requesting bids for professional services. Mr. Bernardi answered that is correct, State law states a firm should be selected based on their qualifications to do the job. 6.ACCEPT PROPOSAL FROM TJKM & ASSOCIATES TO PROVIDE TRANSPORTATION MODELING SERVICES FOR DOWNTOWN/EAST SAN RAFAEL (PW) - File 4-3-284 Councilmember Zappetini asked what happened to Wilbur Smith who was originally providing this service. Assistant Public Works Director Lloyd Strom stated that originally Wilbur Smith had been selected through a formal proposal process, with the anticipation that they would be involved in a long-term relationship with us to supply our transportation planning needs, since we have not been able to back fill the staff position. As a part of that process, the two top firms were Wilbur Smith and TJKM. Wilbur Smith was chosen on the basis of past experience, and the fact that there were certain personnel that our staff was comfortable working with. Mr. Strom stated that about the time the computer model for this project was completed, Wilbur Smith lost one of their key personnel, and it now appears they do not have the staff available to do the quality of work we need. Staff has worked with TJKM on two other projects and have been extremely pleased with the work they have done. Also, one of the project engineers lives in San Rafael and has a good working knowledge of the City. Councilmember Cohen asked if we have paid Wilbur Smith for any work they have not performed. Mr. Strom answered we have not. Mr. Cohen asked if the approximately $12,000 listed in the staff report for initial meetings, familiarization with the calibrated model, modification of model if necessary and rerunning and analysis of the baseline scenario, are necessary due to switching consultants. Mr. Strom indicated that the costs for the initial meetings ($600) and familiarization with the calibrated models ($1,680) are. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt a Resolution authorizing the signing of an agreement with TJKM & Associates to provide transporta- tion modeling services for Downtown/East San Rafael. Councilmember Thayer stated she is concerned about all the future projects tied into this project, and while we may be given a great deal on a particular segment, what do we do down the line if we are being overcharged by consultants. Mr. Strom stated that while we choose consultants based on qualifications, we are also authorized to negotiate prices for professional services. In this particular case, Traffic Engineer Nader Mansourian scrutinized the current agreement and was able to lower the cost by $10,000-$15,000, and told them that the work will be closely monitored to insure the prices are realistic for the what we are getting. The original specifications for this project were written in such a way, that we own the information and it can be transferred, and any other consultant can run this model for us. RESOLUTION NO. 9240 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH TJKM & ASSOCIATES TO PROVIDE TRANSPORTATION MODELING SERVICES FOR DOWNTOWN/EAST SAN RAFAEL in the amount of $59,500. (Form of Agreement shall be as approved by the City Attorney.) AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8.EXTENSION OF AGREEMENT WITH WILLIAM LELLIS FOR INSPECTION SERVICES IN THE FIRE DEPARTMENT (FD) - File 4-3-223 x 9-3-31 Councilmember Zappetini indicated he would like to have the amount we paid William Lellis last year compared to the fees generated, to be included in the staff report. City Manager Nicolai agreed. Councilmember Zappetini moved and Councilmember Cohen seconded, to adopt a Resolution extending our agreement with William Lellis for inspection services in the Fire Department. RESOLUTION NO. 9241 - AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT WITH WILLIAM LELLIS FOR INSPECTION SERVICES IN THE FIRE DEPARTMENT (from 9/20/94 thru 9/20/96). AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 10/17/94 Page 4 SRCC MINUTES (Regular) 10/17/94 Page 5 PUBLIC HEARING 12.PUBLIC HEARING - CONSIDERATION OF AN ORDINANCE AMENDING TITLE 5 OF THE SAN RAFAEL MUNICIPAL CODE TO AMEND CHAPTER 5.34 - REGULATION OF SKATEBOARDS, ROLLER SKATES AND BICYCLES - TO ADD SECTION 5.34.040 AUTHORIZING POLICE OFFICER OPERATION OF BICYCLES ON PUBLIC SIDEWALKS (PD) - File 11-27 x 9-3-30 Mayor Boro opened the Public Hearing. Police Chief Krolak reported that we have purchased six multiple speed mountain bicycles, at a significant cost reduction, from the Start to Finish Bicycle Shop at 4th and H Streets. Two of the bicycles were purchased with Department funds, and the four additional from Canal Grant funds. Chief Krolak stated that Municipal Code 5.34 excludes the use of bicycles on certain sidewalks. The Assistant City Attorney drafted an amendment to Chapter 5.34 allowing a police officer to ride a bicycle on restricted sidewalks in the course and scope of his/her duties. Mayor Boro asked if anyone from the audience wished to speak regarding this issue; no one wished to speak. Mayor Boro closed the Public Hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 5 OF THE SAN RAFAEL MUNICIPAL CODE TO AMEND CHAPTER 5.34 - REGULATION OF SKATEBOARDS, ROLLER SKATES AND BICYCLES - TO ADD SECTION 5.34.040 AUTHORIZING POLICE OFFICER OPERATION OF BICYCLES ON PUBLIC SIDEWALKS" Councilmember Cohen moved and Councilmember Zappetini seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance 1668 to print by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCIL CONSIDERATION NEW BUSINESS 13. CITY COUNCIL REPORTS None. ADD ITEMS Cohen, Heller, Thayer, Zappetini & Mayor Boro None None RECORDING SYSTEM - (VERBAL) File 9-3-14 Public Works Director Bernardi asked that it be a part of the record that the new recording system was being used for the first time tonight. Mayor Boro commended City Clerk Leoncini for the work she did to obtain the new equipment. NEWSPOINTER REPORTER VICTORIA HUDSON - (VERBAL) - File 102 The Council thanked Victoria Hudson, Reporter for the Newspointer, for the wonderful work she has done, and congratulated her on her new position in Alameda. ADJOURNMENT: 9:17 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL 1994 SRCC MINUTES (Regular) 10/17/94 Page 5