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HomeMy WebLinkAboutCC Minutes 1994-03-21SRCC MINUTES (Regular) 3/21/94 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 21, 1994, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 94-7(a) - #1 - Alan Titus and Marjorie Goldman v. City of San Rafael, et al. No. 94-7(b) - #1 - Robert W. Copple, et al. v. City of San Rafael, et al. No. 94-7(c) - #7 No. 94-7(d) - #1 - People vs. Fred Grange, et al. No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 21, 1994, AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David Zappetini, Councilmember Absent: None Others Present: Suzanne Golt, Assistant City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE None 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 February 22, 1994 and Special Meeting of March 7, 1994 (CC) 3. SECOND READING AND FINAL ADOPTION of Purchasing Ordinances: (Fin) - File 9-3-12 x 9-1-2 x 1-5 a. ORDINANCE NO. 1660 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 11.50, PUBLIC WORKS CONTRACT POLICY, TO THE SAN RAFAEL MUNICIPAL CODE b. ORDINANCE NO. 1661 - AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 2.55, PURCHASING POLICY, TO THE SAN RAFAEL MUNICIPAL CODE RECOMMENDED ACTION Approved as submitted. Approved final adoption of Ordinance No. 1660. Approved final adoption of Ordinance No. 1661. 4. Monthly Investment Report (Fin) - Accepted report. File 8-18 x 8-9 8. Resolution Authorizing Amendment to Marin RESOLUTION NO. 9114 - AUTHORIZING Street Light Acquisition Joint Powers Authority THE MAYOR AND CITY CLERK TO SIGN AN Agreement (JPA) Adding Town of Ross (PW) - AGREEMENT WITH THE MARIN STREET File 4-4-6 LIGHT ACQUISITION JOINT POWERS AUTHORITY ADDING THE TOWN OF ROSS 11. Resolution of Appreciation for Juanita McGuire, RESOLUTION NO. 9115 - RESOLUTION OF Secretary, Fire Department, Retiring with 32 APPRECIATION TO JUANITA McGUIRE, Years' Service (FD) - File 102 x 9-3-31 SECRETARY, FIRE DEPARTMENT 13. Legislation Affecting San Rafael (CA) - File 9-1 1 Approved staff recommendation to: a) OPPOSE AB3505 (V. Brown) Sales Tax. b) Authorized City Manager to Correspond as Necessary on Council's Opposition to any SRCC MINUTES (Regular) 3/21/94 Page Page 2 SRCC MINUTES (Regular) 3/21/94 Attempt to Redistribute Sales Tax Revenue. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Cohen (from Minutes of 2/22/94 only, due to absence from Meeting). The following items were removed from the Consent Calendar for discussion: S.RESOLUTION AUTHORIZING APPROPRIATION OF $5,000 FROM DAVIDSON BEQUEST FOR COORDINATOR, FRIENDS OF SAN RAFAEL PUBLIC LIBRARY (Lib) - File 8-20 x 9-3-61 Councilmember Heller stated she is delighted Caroline Youmans is being rehired as Coordinator because she has done an excellent job, and commended the Library Commission for continuing this program. Ms. Heller asked if the $10,000 from the Davidson Bequest, that has been used since 1992, was all for this program. Library Director Stratford answered it was used only for this program. Ms. Heller asked for some background information regarding this bequest. Mr. Stratford explained that the bequest of $482,000 was received in 1982 and since that time, they have spent approx- imately $600,000 from that bequest for various purposes, but primarily to supplement the book budget, and $108,000 was appropriated as our share of the automated system. Councilmember Heller moved and Councilmember Cohen seconded, to adopt a Resolution appropriating $5,000 from the Davidson Bequest for Coordinator for the Friends of San Rafael Public Library. RESOLUTION NO. 9116 - RESOLUTION APPROPRIATING $5,000 FROM THE DAVIDSON BEQUEST FOR COORDINATOR FOR THE FRIENDS OF THE SAN RAFAEL PUBLIC LIBRARY AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6.RESOLUTION SUPPORTING THE CALIFORNIANS FOR PARKS AND WILDLIFE BOND ACT OF 1994 (Rec) - File 9-3-66 x 9-1 Councilmember Zappetini asked if the purpose of the vote is to try to get this item on the ballot. Recreation Director McNamee stated it is already on the ballot; staff is asking for Council endorsement of the proposition. Mr. Zappetini asked if Council votes against this Resolution, would we still be eligible for the funds, to which Ms. McNamee answered, "Yes." Councilmember Thayer moved and Councilmember Zappetini seconded, to adopt a Resolu-tion supporting the Californians for Parks and Wildlife Bond Act of 1994 Initiative. RESOLUTION NO. 9117 - RESOLUTION ENDORSING THE CALIFORNIANS FOR PARKS AND WILDLIFE BOND ACT OF 1994 INITIATIVE AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7.RESOLUTION APPROVING ORCA SWIM TEAM AGREEMENT FOR 1994 (Rec) - File 4-10-172 x 9-3-65 Councilmember Heller pointed out that on page 4 of the Agreement, No. 15, the date should read 1994 rather than 1993. Councilmember Zappetini asked if the City receives any money from the swim team. Recreation Director McNamee stated we get reimbursed for the cost of lifeguards and the cost of the pool while they are using it, and noted when they have a fund raiser at the Terra Linda Recreation Center, we get a share. Ms. McNamee stated we are basically covering our costs, we are not making any money from the swim team. Mr. Zappetini referred to a letter received by the City regarding the quality of main- tenance at the facility and asked if the swim team helped pay for any maintenance. Ms. McNamee explained the money they pay goes into the same budget as the mainte- nance, so some of the money they pay does help with the maintenance. Councilmember Cohen moved and Councilmember Thayer seconded, to adopt a Resolution approving the ORCA Swim Team Agreement for 1994. RESOLUTION NO. 9118 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH ORCA SWIM CLUB FOR 1994 SWIM SEASON SRCC MINUTES (Regular) 3/21/94 Page 2 Page 3 AYES: COUNCILMEMBERS: Cohen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 3/21/94 Heller, Thayer, Zappetini & Mayor Boro 9.REPORT ON BID OPENING AND AUTHORIZATION TO PURCHASE ONE 1994 FOUR DOOR SEDAN FOR POLICE DEPARTMENT (PW) - File 4-2-281 x 9-3-30 Councilmember Zappetini asked where Bob Nobles Chevrolet is located, compared to Folsom Lake Ford, and if we should consider the closest company since there is only $100 difference in their bids, due to the time and effort of picking the car up. Public Works Director Bernardi indicated Bob Nobles Chevrolet is located in Petaluma, and the car will be delivered. Councilmember Zappetini moved and Councilmember Cohen seconded, to adopt a Resolution authorizing purchase of one 1994 Four Door Sedan for the Police Department. RESOLUTION NO. 9119 - AUTHORIZING THE PURCHASE OF A NEW 1994 FORD TAURUS FROM FOLSOM LAKE FORD (lowest responsible bid in amount of $13,508.14) AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10.RESOLUTION AMENDING RESOLUTION NOS. 8771 AND 8926 AUTHORIZING THE CHIEF OF POLICE TO APPLY FOR A CONTINUATION OF A STATE OF CALIFORNIA, OFFICE OF CRIMINAL JUSTICE PLAN- NING (OCJP) CRIME PREVENTION GRANT (THIRD YEAR) (PD) - File 4-10-262 x 9-3-30 x 202 W 91P Councilmember Zappetini asked for some background and clarification on how the grant works. Police Chief Krolak explained that the amount of the grant has been about $79,000 per year, and this is the third year of a three year process. Mayor Boro stated that we, as a City, match approximately $20,000. Chief Krolak clarified that originally we paid less, but as the grant gets older we pay more. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt a Resolution to amend Resolution Nos. 8771 and 8926. RESOLUTION NO. 9120 - AMENDING RESOLUTION NO. 8771 AND NO. 8926 AUTHORIZING THE CHIEF OF POLICE TO APPLY FOR A CONTINUATION OF A STATE OF CALIFORNIA, OFFICE OF CRIMINAL JUSTICE PLANNING (OCJP) CRIME PREVENTION GRANT (THIRD YEAR) (to continue funding a crime prevention program specifically limited to the Canal area of East San Rafael) AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12.REPORT ON MARIN CITIES AND COUNTY PUBLIC ACCESS SYSTEM (Mc'PAS) PROJECT AND CONSIDERATION OF PARTICIPATION IN GRANT APPLICATION (CM) - File 234 x 202 Councilmember Zappetini asked how much time and effort is involved in applying for this grant? Assistant City Manager Golt stated the potential cost to the City to implement this grant is approximately $24,000 for the first year, and the value of this one segment of the grant is a minimum of $100,000 for San Rafael. She stated it would be difficult to estimate the value in terms of increasing information to the public and potential good will. Ms. Golt reported they have had weekly meetings, lasting about two hours, with Novato, San Rafael and the County, with the County being the lead agency. Mr. Zappetini asked if there is a possibility of spending the $24,000 and not getting the grant. Mayor Boro explained that the money would not be spent unless we get the grant. Councilmember Cohen stated that the only cost being committed to tonight is the cost of staff time to work on the grant application. Ms. Golt verified that what is being sought tonight is Council approval for staff to continue working on this grant; however, there is no obligation to the City at all, and we could back out at any time and not spend the $24,000. If we get a grant, it will be part of the budget process. Councilmember Cohen asked if this could be linked with the Library project. Ms. Golt explained that the Library project is one of the components. Mayor Boro commended Ms. Golt for initiating this grant and for the work she has done. He reported that recently, Santa Rosa implemented a Customer Information System where SRCC MINUTES (Regular) 3/21/94 Page 3 SRCC MINUTES (Regular) 3/21/94 Page 4 citizens can go to City Hall or the Library to access agendas, minutes, initiate permits, etc. He felt we owe it to our constituents to move into the technology that is out there. Councilmember Cohen moved and Councilmember Zappetini seconded, to approve the staff recommendation to continue working to develop a collaborative grant proposal and acknowledged that approving staff's continued work on this project in no way obligates San Rafael to participate, should the final cost be viewed as infeasible. AYES: COUNCILMEMBERS: Cohen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCIL CONSIDERATION OLD BUSINESS Heller, Thayer, Zappetini & Mayor Boro 14.APPROVAL OF CONCEPTUAL PLAN AND FUNDING STRATEGY FOR PICKLEWEED PARK PLAYGROUND RENOVATION PROJECT (REC) - File 2-1-55 x 12-5 x 9-2-4 Recreation Director McNamee stated this project began last October as a community project and has grown, noting it has drawn a wide variety of people together. Carlene McCart, Chair, Park & Recreation Commission, and Chair, Pickleweed Advisory Board, explained there has been a resurgence of interest in Pickleweed Park. She stated the Master Plan was approved in 1988, and since that time, a few of the elements have been achieved such as the child care center, basketball courts, and community garden. She noted the playground has not been completed, and they feel this is a priority. Ms. McCart noted when the money from the Sanitation District was allocated for Pickleweed Park, they were gratified that this project could finally begin. Through survey, they discovered that people felt there is no safe place for children to play in this community, and that the park is now a gathering place for illegitimate activity, and for those reasons they feel something needs to be done immediately. Last week the Park and Recreation Commission approved the final concept plan. Olivia Beltran, member of Friends of Pickleweed Park, stated there is no safe place for children to play in their area; therefore, the Park must be improved to bring the community together where people can meet each other, and break down the communication and culture barriers. Maria Lewis, member of Friends of Pickleweed Park, showed a diagram of the park that has been created by people from the neighborhood, and explained the structures to be built. Bill Weeks, resident of the Canal area who works with the Canal Business and Property Owners Association, stated this plan is the culmination of a real community effort by hundreds of people. He noted that although the cost will be great, they realize this is not just a City responsibility, but a partnership, and the business people and neighbors are committed to working together to create a park that is healthy for everybody to use. Their goal is to create a family oriented park, and not to exclude anybody. Ms. McNamee stated staff is requesting Council approval of the conceptual plan. Mayor Boro stated this is an important project, but he also feels the next phase should be the sports courts and fields, nature trails and environmental amenities, because there are youth in the community who need a place for sports. Ms. McNamee stated that the Pickleweed Park Group felt the playground was first priority and they want to proceed quickly with that; however, there is another Committee that is meeting to work on the next phase which will then be brought back to Council. Mayor Boro noted this phase is $340,000, and the money from the Sanitation District was given to repair and replace the field. Ms. McNamee stated that the money they received from the Sanitation District is being used on four projects: playground, bathroom, painting and security, noting the money to fix the field came from differ- ent money, which has been used to plant and prepare the field. Councilmember Cohen asked if some of the money from the Sanitation District is avail -able for the playground. Ms. McNamee answered there is $81,000 for the bathroom and playground sections for this project, plus $9,000 from CDBG, making $90,000 available now. Mr. Cohen asked whether additional money will be needed from the City, and Ms. McNamee answered, "Not at this time." She noted they will first get commitments for what they can get donated in labor and material, and match that with what they might ask from the Foundation, and hopefully they will not need any from the City. SRCC MINUTES (Regular) 3/21/94 Page 4 SRCC MINUTES (Regular) 3/21/94 Page 5 Councilmember Zappetini stated his concern for the maintenance due to budget constraints and asked if there is any projection as to the burden on the City. Ms. McNamee said the Committee recognizes that as a problem, but noted this is replacing an existing facility where maintenance is already allocated. She explained as part of the proposal, the Committee is including an ongoing maintenance fund and park supervision, such as a playground supervisor. Ms. McNamee also verified that this will be a drug-free zone. Mayor Boro pointed out that when the budget was approved last year, there was a recommendation from the Park & Recreation Commission that Albert Park, Pickleweed Park and Terra Linda Community Center with the pool have top priority for mainten- ance. Councilmember Thayer commended staff for the work they are doing on this project, and stated she felt very confident that they will get a grant. She asked if Freitas Park is on the list of parks that will not be maintained. Ms. McNamee stated there is currently an investigation of the ponds in Freitas Park, and it may or may not be opened by summer; however, the maintenance has not been drastically reduced. Councilmember Heller moved and Councilmember Thayer seconded, to approve the conceptual plans and funding strategy for the Pickleweed Park renovation project. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15.DISCUSSION OF TRAFFIC MITIGATION FEES FOR BURGER KING, EAST FRANCISCO BLVD. (PW) - File 9-10-2 x 10-2 Public Works Director Bernardi stated in 1982, Burger King was approved with a traffic mitigation fee imposed. He stated the original mitigation fee was $85,000, and after testimony, the Council (at that time) concurred with the developer's recommendation to reduce the fee to $32,000. The Council indicated the fee could be further reduced should additional adjustments be made. Mr. Stan Kubu, operator of Burger King, has submitted information that shows the actual traffic at Francisco Boulevard is less than what the City staff had predicted for the previous business at that location. Based on this information, staff recommends waiving the $32,000 mitigation fee. Should a different business replace Burger King at that site, and should there be additional traffic over and above what is calculated as an actual cost, there will be additional fees due the City for the increase in the peak hour trips. Mayor Boro asked how this will be recorded to make sure the property owner is aware of that? Mr. Bernardi answered that we would have to record another document, the covenant burdening land, which would state that should this use change, there would be additional traffic fees. Councilmember Zappetini asked for clarification regarding the number of car trips per day. Mr. Bernardi explained that according to Mr. Kubu's figures, 60 percent of 1241 transactions were actual driving trips. Of those 745 trips, .057 percent (43) are considered to be peak hour. Councilmember Thayer moved and Councilmember Cohen seconded, to waive $32,396 traffic mitigation fees and amend the covenant to reflect additional fees should the property change hands and additional trips are generated. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS None CITY COUNCIL REPORTS: 16a.STREET FESTIVAL AND ART DISPLAY (VERBAL) - File 120 Councilmember Thayer stated she has been approached by the Committee working on the Italian Street Painting Festival (June 11 & 12, 1994), asking if the Council collec- tively would like to buy a square. Mayor Boro asked Ms. Thayer to bring data back to the Council for an informal discussion. SRCC MINUTES (Regular) 3/21/94 Page 5 SRCC MINUTES (Regular) 3/21/94 Page 6 16b.BROWN ACT (VERBAL) - File 9-1 Mayor Boro acknowledged receipt of City Attorney Ragghianti's memo regarding the Brown Act, and asked that this be an agenda item for discussion at the next meeting. There being no further business, the meeting was adjourned at 9:15 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1994 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 3/21/94 Page 6