HomeMy WebLinkAboutCC Minutes 1994-06-06SRCC MINUTES (Regular) 6/6/94 Page
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IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 6, 1994, AT 7:00 PM
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Barbara Heller, Councilmember
Joan Thayer, Councilmember
David J. Zappetini, Councilmember
Absent: Paul M. Cohen, Councilmember
Others Present: Pamela J. Nicolai, City Manager
Gary T. 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 - Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(c):
■ Case name: Industrial Council, etc., et al. v. City of Commerce, et al.,
California Court of Appeals 2nd Civ. B078689. William H. Hannon v. The City
of San Fernando, California Court of Appeals 2nd Civ. B081214. (Request for
City of San Rafael participation as Amicus party).
b. Conference with Labor Negotiator, Austris Rungis/Daryl Chandler
Employee Organizations:
■ San Rafael Police Association
■ San Rafael Firefighter's Association
■ M.A.P.E.
■ Police Mid -Management Association
The City Council then met in Closed Session in Conference Room 201 to discuss the above-
mentioned items.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 6, 1994, AT 8:00 PM -
OPEN SESSION
RE: CLOSED SESSION ITEMS
la.Industrial Council etc., et al. v. City of Commerce, et al.
City Attorney Ragghianti announced that City Council had voted unanimously to parti-cipate
as Amicus party. (Councilmember Cohen absent.)
lb.City Attorney Ragghianti announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE
SAN RAFAEL FIREFIGHTERS' ASSOCIATION NEGOTIATIONS - File 7-8-2 x 9-3-31
Christopher Desmond, President of the San Rafael Firefighters' Association, spoke on
behalf of the Executive Board and general membership requesting City Council intervention
in the negotiation process. Mr. Desmond stated that retaining the services of Bob Roberts
as a labor representative for their Association has been valuable. However, in recent
weeks, the Association feels the negotiation process has not been working, and they
believe that the problems can only be resolved with the aid of direct City Council
participation.
CONSENT CALENDAR
Councilmember Heller moved and Councilmember Zappetini seconded, to approve the recommen-
ded action on the following Consent Calendar items:
2.
1
ITEM
Authorization to Call for Applications to
Fill: (CC)
a. One position on the Design Review Board
RECOMMENDED ACTION
Approved staff recommendation:
SRCC MINUTES (Regular) 6/6/94 Page
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Due to Expiration of Term of Larry Paul,
Architect - File 9-2-39
b. Two positions on the Planning Commission
Due to Expiration of Terms of Commissioners
Linda Bellatorre and Gary 0. Phillips -
File 9-2-6
SRCC MINUTES (Regular) 6/6/94 Page
a) Called for applications for
Licensed Architect or Licensed
Building Designer for Design
Review Board (term to expire end
of 6/98) with deadline for
receipt Tues.; 6/28/94 at 12:00
Noon in City Clerk's Office; set
date for interviews at Special
Meeting 7/5/94 at 6:00 PM.
b) Called for applications for two
Planning Commissioners (terms to
expire end of 6/98) with deadline
for receipt Tues., 6/28/98 at
12:00 Noon in City Clerk's
Office; set date for interviews
at Special Meeting 7/5/94 at 6:00
PM.
3. Resolution Authorizing Conveyance of Two ADOPTED RESOLUTION NO. 9148 -
Temporary Construction Easements to CALTRANS AUTHORIZING CONVEYANCE OF TWO
for California Park Overhead Seismic Retrofit TEMPORARY CONSTRUCTION EASEMENTS TO
Project (PW) - File 2-14 x 11-16 x 171 x 9-3-40 CALTRANS FOR STATE'S PROPOSED
SEISMIC RETROFIT PROJECT AT THE
CALIFORNIA PARK OVERHEAD
4. Resolution Approving Extension of Time for
Subdivision Improvements - Lands of Laurel
Properties (Fairhills Drive at Idlewood Place
4 Lot Subdivision) (Extended to and Including
May 18, 1995) (PW) - File 5-1-316
5. SECOND READING AND FINAL ADOPTION OF ORDINANCE
NO. 1663 - AN ORDINANCE OF THE CITY OF SAN
RAFAEL AMENDING CHAPTERS 14.02, 14.03, 14.04,
14.05, 14.06, 14.08, 14.09, 14.10, 14.11, 14.12,
14.14, 14.16, 14.17, 14.18, 14.19, 14.22, 14.23,
14.24 AND 14.25 OF TITLE 14, ZONING, OF THE SAN
RAFAEL MUNICIPAL CODE TO IMPLEMENT OUR VISION OF
DOWNTOWN SAN RAFAEL AND MISCELLANEOUS CODE
CLARIFICATIONS AND MAP CORRECTIONS (P1) -
File 115 x 10-2 x 10-3 x 9-2-46
ADOPTED RESOLUTION NO. 9149 -
EXTENDING TIME FOR THE COMPLETION OF
IMPROVEMENT WORK - "SUBDIVISION OF
LANDS OF LAUREL PROPERTIES" (FAIR -
HILLS DRIVE AT IDLEWOOD PLACE)
(Extended to and including May 18,
1995)
Approved final adoption of Ordinance
Ordinance No. 1663.
6. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of Ordinance
NO. 1664 - AN ORDINANCE OF THE CITY OF SAN No. 1664.
RAFAEL REPEALING CHAPTERS 9.04, "FOODSTUFFS"
AND 10.40, "COIN-OPERATED AMUSEMENT DEVICES",
FROM THE MUNICIPAL CODE (P1) - File 115 x 10-2
x 13-6
7. Resolutions of Appreciation for Police Youth
Counselors: (PD) - File 102 x 9-3-30
a. Seth M. Prosterman ADOPTED RESOLUTION NO. 9150 - TO SETH M.
PROSTERMAN, INTERN COUNSELOR FOR THE
SAN RAFAEL POLICE DEPART -MENTIS
YOUTH SERVICES, IN APPPRECIA-TION
FOR SETH'S MANY HOURS OF DEDI-CATED,
PROFESSIONAL, AND SKILLED VOLUNTEER
SERVICE TO THE CITIZENS OF SAN
RAFAEL
b. Margaret J. Neff
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ADOPTED RESOLUTION NO. 9151 - TO
MARGARET J. NEFF, INTERN COUNSELOR
FOR THE SAN RAFAEL POLICE DEPART-
MENT'S YOUTH SERVICES, IN APPRECIA-
TION FOR MARGARET'S MANY HOURS OF
DEDICATED, PROFESSIONAL, AND SKILLED
VOLUNTEER SERVICE TO THE CITIZENS OF
SAN RAFAEL
SRCC MINUTES (Regular) 6/6/94 Page
SRCC MINUTES (Regular) 6/6/94 Page
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9. Approval of Special Meeting Dates for 1994/95 Accepted staff recommendation.
Budget Hearings (CM) - File 8-5 Budget hearings set for 7:00 PM,
June 14, 15, 16, 1994 in the Council
Chambers, City Hall
11. Legislation Affecting San Rafael
File 9-1 x 116 x 13-16 x 13-7-1
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
(CM) - ADOPTED RESOLUTION NO. 9152 -
OPPOSING THE MISLEADING "RENTAL
ASSISTANCE" INITIATIVE (Re the
Mobilehome Residency Law).
Heller, Thayer, Zappetini & Mayor Boro
None
Cohen
The following items were removed from the Consent Calendar for discussion:
8.RESOLUTION TERMINATING MEMORANDUM OF UNDERSTANDING FOR AB939 AND DESIGNATION OF JPA
BOARD OF DIRECTORS AS AB939 LOCAL TASK FORCE (CM) - File 13-2 x 115
Councilmember Thayer discussed the make-up of the Committee.
Councilmember Thayer moved and Councilmember Zappetini seconded, to adopt a Resolu-tion
terminating the Memorandum of Understanding for AB939 and designation of JPA Board of
Directors as AB939 local task force.
RESOLUTION NO. 9153 - TERMINATING THE AB939 SOLID WASTE MEMORANDUM OF UNDERSTANDING
AND DESIGNATING THE MARIN COUNTY SOLID AND HAZARDOUS WASTE
JOINT POWERS AUTHORITY AS THE AB939 TASK FORCE
AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
10.RESOLUTION AUTHORIZING CONTRACT WITH MOORE, IACOFANO AND GOLTSMAN FOR ADA (AMERICANS
WITH DISABILITIES ACT) CONSULTANT SERVICES (CM) - File 4-3-271 x 13-1-1
Councilmember Heller asked if the proposed contract is just funding the transition plan
and the self-examination portion only, and the second portion will happen only if and
when the Marin Community Foundation funds this on a county -wide basis.
Assistant City Manager Suzanne Golt stated that was correct; the second part of the
project is strictly contingent upon receiving the alternative funding. If we do not
get the funding, the second part of the project does not happen.
Mayor Boro pointed out the first part of the project was mandated as a result of a court
settlement.
Ms. Heller asked about the time requirement for completion. Ms. Golt indicated both the
consultant and the staff feel they can meet the September 1st deadline, noting that
gives us a one-month "cushion" since October 1, 1994 is the date we must have both
reports done to satisfy the conditions of the settlement.
Ms. Heller asked if there was anyone in the Federal Government overseeing this project.
Ms. Golt stated that if the Department of Justice is brought into it, they can
enforce the ADA.
Councilmember Zappetini asked why we picked this particular organization as our con-
sultant. Ms. Golt answered they are unanimously viewed as the best and most qualified
company; they have a very extensive background dealing with other municipalities, and
they have a firm commitment philosophically to the ADA requirements and working with
agencies to comply.
Councilmember Thayer asked where the money comes from for non -budget items. City Manager
Nicolai explained that it comes from the General Fund, noting if we have savings
during a fiscal year, it falls within a budgeted amount even though we have to get
authorization from the Council to spend it. Otherwise, the Council would need to
authorize a draw -down on reserves.
Councilmember Zappetini asked if we had applied for a grant for this. Ms. Golt stated we
sought funding for both parts of the project, but the Foundation Program Officer made
it clear the Foundation's general principals are not going to like the first part of
the project, and he would not recommend funding to their Board.
Councilmember Heller moved and Councilmember Thayer seconded, to adopt the Resolu-tion
SRCC MINUTES (Regular) 6/6/94 Page
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SRCC MINUTES (Regular) 6/6/94 Page
authorizing a contract with Moore, Iacofano and Goltsman for ADA Consultant Services.
RESOLUTION NO. 9154 - AUTHORIZING THE SIGNING OF A CONTRACT WITH MOORE, IACOFANO AND
GOLTSMAN FOR ADA (AMERICANS WITH DISABILITIES ACT) CONSULTANT
SERVICES
AYES: COUNCILMEMBERS: Heller,
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
COUNCIL CONSIDERATION
OLD BUSINESS
Thayer, Zappetini & Mayor Boro
12.RESOLUTION APPROVING RENEWAL OF CONTRACT WITH INSURANCE CONSULTING ASSOCIATES, INC. FOR
LIABILITY CLAIMS ADMINISTRATION SERVICES FROM 5-1-94 TO 4-30-95 (CM) - File
4-10-184
Assistant City Manager Golt presented follow-up material from the meeting of May 2, 1994,
regarding the costs for the last three years. She also stated it might be possible
for the computer services to be done in-house by early next year. Ms. Golt indicated
that the reason we contracted this out before is because of the multitude of
activities - claims administration, consulting, clerical, investigation, etc., making
it difficult to recruit for several positions for a limited number of hours. Ms.
Golt noted that we do not have a high volume of liability or workers' compensa-tion
claims, and it would not make sense to have people on staff. Therefore, staff
recommends renewal of the contract.
Councilmember Thayer stated that since this is such a specialized service, requiring a
risk manager, she agrees we should renew the contract.
Councilmember Zappetini asked if we have investigated what it would cost to hire a person.
City Manager Nicolai stated a risk manager would cost $60,000 - $70,000 per year.
However, she noted the problem is there is not enough of a workload to hire one full
time, and in addition, we would need investigators, clerical staff, etc. Ms. Nicolai
stated that normally smaller cities contract this out to a firm who has the pool of
people with the necessary expertise. Mr. Zappetini stated we pay ICA approximately
$100,000 per year and asked if we have investigated using a different firm. Ms. Golt
stated we have not because ICA has not increased their rates and their service level
has been outstanding.
Councilmember Zappetini moved and Councilmember Heller seconded, to adopt the Resolution
to renew the contract with Insurance Consulting Associates, Inc. for liability claims
administration services, with the understanding that next year we will send out a
Request for Proposals and re-evaluate at that time.
RESOLUTION NO. 9155 - AUTHORIZING THE SIGNING OF AN AGREEMENT EXTENSION WITH
INSURANCE CONSULTING ASSOCIATES (ICA) FROM 5-1-94 TO 4-30-95
FOR LIABILITY CLAIMS ADMINISTRATION SERVICES. (Next year an
RFP will be sent out.)
AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
13.REPORT ON BID OPENING AND AWARD OF CONTRACT - MERRYDALE OVERCROSSING CONSTRUCTION
PROJECT (PW) - File 4-1-468 x 2-1-78 x 11-16 x 9-3-40
Councilmember Zappetini moved and Councilmember Heller seconded, to carry this item to
the meeting of June 20, 1994 at request of staff.
AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
NEW BUSINESS
14.CONSIDERATION OF FOUR-WAY STOP SIGNS, SANTIAGO ROAD AND LUCAS PARK ROAD (PW) - File
11-9
Public Works Director Bernardi stated this item had been placed on the agenda at the
request of Councilmember Thayer, and referred to a petition submitted by Grace
Gilbert requesting the stop signs. He stated the Traffic Coordinating Committee
SRCC MINUTES (Regular) 6/6/94 Page
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SRCC MINUTES (Regular) 6/6/94 Page
reviewed the request, as did the City Council in 1987. At that time, it was recom-
mended no stop signs be placed because the technical analysis determined they were
not warranted. Mr. Bernardi stated that again the technical analysis does not
warrant stop signs.
Councilmember Zappetini asked if there were a lot of accidents at this site. Mr. Bernardi
stated there have been none at that intersection, and he had no information regarding
speeds of cars in that area.
Duane Geck, resident of the neighborhood, stated there are two main problems: unsafe
speeds and a blind curve. Mr. Geck showed a map of the area and explained the area's
terrain. He stated that cars normally accelerate to get up the hill, then coast down.
Councilmember Thayer asked if the problem had more to do with the terrain than the stop
sign. Mr. Geck admitted the terrain is definitely part of the problem, but the
unsafe speed can be remedied by a stop sign. He also felt that the volume of traffic
is more than it appears to be because at the top of the hill at Santiago Road, there
is an in-home child care, plus a Dixie School District bus stop which places quite a
few children in the area. On Lucas Park Drive, there is a shelter for children
temporarily relocated from families which also generates traffic.
Councilmember Zappetini asked what would be the cost of the stop signs. Mr. Bernardi
answered it would be about $200.
Mr. Bernardi explained there is currently legislation in Committee which still leaves the
Council the authority to determine the placement of stop signs, however, there is
also a risk involved. He explained that when we have stop signs, there is a reliance
that a vehicle will stop when it approaches an intersection, and the driver will
sense that there is a need to stop. If a driver senses there is not a reason to
stop, he may not come to a complete stop. The pedestrian, relying on the fact that
the vehicle is going to stop will enter the street, and there is the conflict.
Ms. Nicolai stated there was a case where a stop sign was installed where it was
unwarranted, there was an accident, and the people injured hired a traffic engineer
to do a study on the intersection. The City is then in the position of having
created an unsafe situation.
Ailene Taylor, who lives on the corner of Santiago Road and Lucas Park Drive, stated there
has been a huge increase in traffic in the last few years. She felt the City should
do all we can to make the area safe for the families in the area. She asked if there
were any other alternatives besides stop signs to address the problem.
Mr. Bernardi stated the Traffic Committee discussed additional enforcement in the area,
but the problem is that cars slow down while police are there, but speeds go back up
once they are gone. He noted a yield sign would not be appropriate in this
situation.
Councilmember Zappetini asked if anybody in the neighborhood was against putting up stop
signs.
Grace Gilbert, area resident, stated each of the 38 or 39 neighbors signed the petition
for the stop signs with the exception of two or three who were out of town. Ms.
Gilbert also said she disagrees with the number of cars reported during the traffic
study, indicating there are a lot of high school students who use the road to get to
Terra Linda High School.
Councilmember Thayer moved and Councilmember Zappetini seconded, to put the stop signs up
for six months and then reevaluate their placement at that time.
Councilmember Heller stated she was torn on the issue, but agreed we could try it for six
months time. She also suggested the Traffic Committee look into any alternatives.
AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
15.ALBERT PARK RENOVATION REQUEST FOR $40,000 LOAN FROM THE PARK LAND DEDICATION FUND
(REC) - File 202 x 9-3-66 x 12-5
Recreation Director Sharon McNamee reported that the ribbon cutting ceremony was held
earlier in the evening for the Bocce courts. She stated the Bocce Federation has been
very successful in fundraising, but they need to pay the workman from Switzerland
this week. They are requesting to borrow from the fund and will repay it after the
fundraising is completed. Ms. McNamee stated they have $15,000 pledged for advertis-
SRCC MINUTES (Regular) 6/6/94 Page
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SRCC MINUTES (Regular) 6/6/94 Page
ing, $18,000 in materials, supplies and donations yet to come in, and $8,000 in cash.
More cash will be added as teams are added, as well as sponsorship of benches and
trees. Courts are also for sale.
Dolly Nave, stated the Bocce ball courts are a high interest item which means money coming
in, and she is confident the money will come in.
Mayor Boro stated this project is costing about $450,000, and to -date, two/thirds have
been raised through cash contributions and in-kind services.
Councilmember Heller asked where the $40,000 is coming from. Ms. McNamee stated it is
from the Park Land Dedication Fund.
Councilmember Zappetini moved and Councilmember Thayer seconded, to adopt the Resolution
authorizing a $40,000 loan from the Park Land Dedication Fund.
RESOLUTION NO. 9156 - AUTHORIZING LOAN OF $40,000 FROM THE PARKLAND DEDICATION FUND
TO THE MARIN BOCCE FEDERATION FOR THE ALBERT PARK RENOVATION
PROJECT
AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
CITY COUNCIL REPORTS
16a MCCMC LIAISON COMMITTEE TO THE MARIN COMMUNITY FOUNDATION (VERBAL) - File 113 x 226
Q-1
Councilmember Heller reported that she attended a meeting on May 25, with the next meeting
scheduled for September 29, 1994. Ms. Heller stated that on June 11, 1994,
Neighborhood Achievement Awards will be given to the Fairhills Neighborhood
Association in the amount of $4,000 and Canal Parents Community Council will be
awarded $5,000. Ms. Heller furnished nomination forms to the Council to be used for
any future nominations for San Rafael community groups. She also furnished a copy of
a press release regarding MIDAS (Marin Information & Data Access System).
16b.PUBLIC RELATIONS AND OUTREACH STRATEGY (VERBAL) - File 120
Councilmember Thayer requested an item be put on a future agenda to develop a public
relations and outreach strategy to inform the residents of San Rafael of all the
positive things happening in the City.
16cCABLE TV RATE SETTING COMMITTEE (VERBAL) - File 9-7-4
Mayor Boro reported he attended a meeting of the Cable TV Rate Setting Committee, and the
process to set rates for VIACOM is now in place. He stated there is also a Cable
Oversight Committee, and they have requested that the same person be a member of both
Committees, therefore, Mayor Boro volunteered for the Oversight Committee.
There being no further business, Mayor Boro adjourned the meeting at 9:15 PM and reminded
everyone to vote tomorrow.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
, 1994
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