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HomeMy WebLinkAboutCC Minutes 1994-07-05SRCC MINUTES (Regular) 7/5/94 Page I IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, JULY 5, 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 Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBERS 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 - 7:00 PM - CONFERENCE ROOM 201 a. Conference with Legal Counsel - Existing Litigation Initiation of litigation pursuant to Government Code Section 54956.9(a): ■ Case name: Hozz v. County of Marin, City of San Rafael, Marin County Superior Court Case No. 140465. b. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(c): ■ Case name: Tobe et al. v. City of Santa Ana, California Supreme Court Case No. S-038530; Appeal from Fourth District, Division 3, Nos. G-014257 and G-014536. (Request for City of San Rafael participation as Amicus party). C. Conference with Labor Negotiator, Suzanne Golt/Austris Rungis/Daryl Chandler Government Code Section 54957.6 Employee Organizations: ■ San Rafael Police Association ■ San Rafael Firefighters' 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, TUESDAY, JULY 5, 1994, AT 8:00 PM - OPEN SESSION RE: CLOSED SESSION ITEMS la.Hozz v. County of Marin, City of San Rafael Assistant City Attorney Guinan announced that no reportable action was taken. lb.Tobe et al. v. City of Santa Ana Assistant City Attorney Guinan announced that City Council had voted unanimously to participate as Amicus party. 1c.Conference with Labor Negotiator Mayor Boro announced item was being continued to Adjourned Regular Meeting (Closed Session) on Thursday, July 7, 1994 @ 7:30 PM. RE: FILLING OF TWO PLANNING COMMISSION POSITIONS - File 9-2-6 Mayor Boro announced that earlier this evening the Council had interviewed candidates for two Planning Commission appointments. They had reappointed Gary Phillips, and had appointed Ann Batman, both for four-year terms. ORAL COMMUNICATIONS OF AN URGENCY NATURE RE: SAN RAFAEL POLICE ASSOCIATION REQUEST FOR SPEEDY RESOLUTION TO POLICE RADIO SYSTEM PROBLEMS - File 4-2-242 x 9-3-30 x 4-1-467 Officer Jim Strong, Negotiator for the San Rafael Police Association, urged Council action SRCC MINUTES (Regular) 7/5/94 Page 1 SRCC MINUTES (Regular) 7/5/94 Page 2 to resolve problems with the Police Radio System. He reported two recent injuries occurring to members of the Police Association, which they feel can be directly attributed to the ongoing problems of the current Police Radio System. They occurred shortly after new software was installed which was intended to correct some of the problems of the project, when two veteran dispatchers experienced a technical malfunction which caused sudden injury to their hearing. It is not yet known whether the injuries are temporary or permanent. Mr. Strong further reported that within the past six months, 10 of the 12 dispatchers have filed injury slips related to continued malfunction on the part of the radio system. Mr. Strong noted that at the budget hearings in June, Councilmember Thayer had recommended a speedy resolution of the problems, and had requested that the issue be placed on the agenda for tonight's meeting. He stated that while they are disappointed that the item is not on tonight's agenda, they can understand the Police Chief wanting more time to compile all available information so the Council can make an intelligent and informed decision about where to go from here. He stressed that, besides the resolution of the current contract situation, they place great importance on resolving this issue as well. He asked that this item be placed on the agenda for the next Council meeting on July 18th, in the hope of finally reaching a definitive decision which will not only benefit the safety and welfare of the Police employees but, more importantly, the safety and welfare of the public they are bound to serve. RE: SAN RAFAEL POLICE ASSOCIATION NEGOTIATIONS - File 7-8-3 x 9-3-30 Mr. Strong stated that he does not intend to talk about any specifics of the ongoing contract negotiations here in a public forum, but he would like to emphasize that the Council will be called upon by the negotiating team to make a very important decision. He stated they are disappointed that this decision has been delayed by Councilmember Cohen's absence. That decision, once made, will not only affect how the Council pays their Police employees, but how the employees and the voting public perceive their priorities. He noted that San Rafael police officers account for approximately 49% of the criminal filings handed down by the Marin County District Attorney's Office on a yearly basis. San Rafael police officers are paid over 5% below the average of all Marin County police agencies. The Patrol Bureau has been under -staffed for the past four years, and currently 15% of the Patrol Bureau positions are vacant. The largest obstacle in filling those vacancies has been pay, which is inadequate to draw qualified, interested talent to seek employment with the SRPD, let alone keep the officers we already have. He stated it is for these reasons and others, that the police employees implore the Council to find the motivation and the resources to solve the current MOU (Memorandum of Understanding) negotiations. He stated they eagerly await the upcoming negotiations, and thanked the Council. CONSENT CALENDAR Councilmember Heller moved and Councilmember Thayer seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Joint Meeting Approved as submitted. of June 14, 1994 (Budget Hearing) and Special Meeting of June 16, 1994 (Closed Session) (CC) 3. Reappointment of Board Member Larry Paul to Approved staff recommendation, the Design Review Board (CC) - File 9-2-39 reappointing Larry Paul, architect, to a 4 -year term, to expire end of June, 1998. 4. Approval of Partial Street Closure of Lindaro Approved staff recommendation. Street and Parking Lot Closures for Flea-Tique on Saturday, September 17, 1994, from 8:00 AM to 4:00 PM (RA) - File 11-19 x 2-1-18 x 12-14 5. Approval of Temporary Street Closures of Approved staff recommendation. Portions of Alto and Larkspur Streets for Canal Community Alliance Festival on Saturday, July 23, 1994 from 8:00 AM to 7:00 PM (RA) - File 11-19 8. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of NO. 1665 - AN ORDINANCE OF THE CITY OF SAN Ordinance No. 1665. RAFAEL AMENDING ORDINANCE 1648 (PARAMEDIC SERVICE SPECIAL TAX) AND SETTING THE PARAMEDIC TAX RATE FOR FISCAL YEAR 1994/95 FOR RESIDENTIAL SRCC MINUTES (Regular) 7/5/94 Page 2 3 SRCC MINUTES (Regular) 7/5/94 Page AND NON-RESIDENTIAL PROPERTIES (FD) - File 9-3-31 x 13-1 AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following items were removed from the Consent Calendar for discussion: 6. ADOPTION OF 1994/95 BUDGET (Fin) - File 8-5 Councilmember Zappetini stated he wished to clarify the fact that there were some items in the budget to which the Council agreed in concept, and that as the contracts come before us we are going to be able to have a vote on them. Mayor Boro stated that one particular one which comes to mind is the discussion regarding computer services and the increase which is in the budget. He noted that will not be implemented until the Council holds a full hearing. He noted that there may have been other items also, but if the Council agrees to something in concept it will not be implemented until it comes back. City Manager Nicolai explained that the budget just authorizes the dollar amount available. The individual contracts are still for the Council to approve throughout the fiscal year. She stated it is like awarding a bid. Even though we reserve the money in the budget, the expenditure is not authorized without those contracts being reviewed by the Council. Councilmember Zappetini inquired is there a starting or stopping date. Ms. Nicolai replied that depends. Originally, the CMSI contract was approved in March of a year, and staff was hoping that at some point in time it could be coming forward in July, after the budget, but the Council recommended at the hearing that the Budget Oversight Committee look at it, so that would delay it. She noted that not all contracts run on the fiscal year; it depends on the nature of the individual contract. Councilmember Heller moved and Councilmember Thayer seconded, to adopt the Resolution adopting the 1994/95 budget. RESOLUTION NO. 9168 - APPROVING THE BUDGET FOR THE FISCAL YEAR JULY 1, 1994 - JUNE 30, 1995 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET (Budget amount $39,156,762) AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 7.REPORT ON BID OPENING AND AUTHORIZATION TO PURCHASE TWO AMBULANCES FOR FIRE DEPARTMENT (Fin) - File 4-2-282 x 9-3-31 Councilmember Zappetini noted the report states there are certain specifications to construction of the vehicle because it is modular, and he inquired what is the advantage or disadvantage. Fire Chief Marcucci explained that the first ambulance they purchased was more like a van. It did not have compartment space, nor the room for the paramedics to work on the patient in the back. The second and third ambulances we purchased were the modular type, which are the bigger box type which allows us flexibility in treating a patient and allows more than just one or two paramedics in the back. In some cases, with critically injured patients there are two or three paramedics in the back and one person driving. It provides certain flexibilities in the equipment they can carry, and provides us with a better vehicle. Councilmember Zappetini inquired, is it a situation where you could order two units and they are identical and you can take sections of one and put them into another, and have interchangeable parts such as if you had a wreck. Chief Marcucci responded that if they get in an accident they can call the manufacturer and say, for instance, they need a door, and can get it. Councilmember Zappetini explained he was asking, because another city had such an arrangement and it was not successful. Chief Marcucci stated he was aware of that other problem, but we are dealing with a reputable firm. He explained about the units and that they are extremely solid, and the chassis can hold up under many hours and many miles of usage. He explained that if an ambulance was in an accident and caved in the front end, we could buy a chassis and take the box and mount it on another chassis. The chassis is specifically built for ambulance service, and the box is built separately. SRCC MINUTES (Regular) 7/5/94 Page 3 SRCC MINUTES (Regular) 7/5/94 Page 4 Councilmember Zappetini moved and Councilmember Heller seconded, to adopt the Resolution to purchase the two ambulances. RESOLUTION NO. 9169 - AUTHORIZING THE PURCHASE OF TWO NEW AMBULANCES FROM EXCELLENCE, INC. ($176,676.00) (Madison, Alabama) AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SPECIAL PRESENTATION 9.PRESENTATION OF CANAL AREA INSPECTION PROGRAM CERTIFICATES OF COMPLIANCE TO SAM YOUNG ASSOCIATES, PROPERTY OWNERS OF 61 NOVATO STREET, CAMELOT APARTMENTS (P1) - File 10-2 x 9-3-17 x 13-1 Mayor Boro made presentations to Darlynn Lawrence and Judah O'Neal, Managers of the Camelot Apartment complex, and Miguel Piedras, Maintenance Supervisor, accepting the award on behalf of the owners. Mayor Boro noted that the complex consists of 17 buildings with a total of 187 apartment units, and expressed the City's appreciation for the cooperation on the part of the owners and management to bring the complex into compliance. He added that the City's Code Enforcement Officer, Claire Machado could not be here tonight for the presentation. 10.PUBLIC HEARING - PROTEST HEARING TO CONSIDER PROPOSED ASSESSMENT INCREASE RE BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (PW) - File 6-48 x 5-1-292 Mayor Boro declared the Public Hearing opened, and asked for a report from staff. Mr. Lloyd Strom, Assistant Public Works Director, gave a brief background for the benefit of the Councilmembers who were not on the Council at the time this Assessment District was formed. He explained that this District was set up during the review of the Baypoint Lagoons development as it went through the planning process and to the Planning Commission. There was an extensive report prepared on the environmental status of the lagoon and the adjoining wetlands. One of the conditions applied by the Planning Commission to ensure that these environmental resources were protected was the establishment of this District to assure that there would be adequate funding to maintain and preserve the environmental integrity and viability of that resource in East San Rafael. He pointed out that part of the original report which was adopted by the Planning Commission recommended that there be a three-year monitoring period of the Lagoon, to keep hands off and monitor it and see if there would be any additional improvements which needed to be made, or to develop any special procedures to make sure it stays in good health. Mr. Strom explained they have completed the first of the three-year round, and the report recommended that a second three-year monitoring period be established based on the information gathered from the first three-year period. What we essentially found during that first three-year period was that the Lagoon seems to be staying in pretty good health by simply leaving it alone and keeping an eye on it, and making sure that we were very careful to determine if we needed to introduce any water back into the Lagoon, which we did not have to do. We are presently within the second year of the second three-year period, and the increase in cost which has brought this hearing about is required under the laws for Landscaping and Lighting Districts, that we have a Public Hearing so there is an opportunity for input from the people who are affected by the increase. Mr. Strom explained there are several main reasons for the increase in the cost, and all of them go back to the cost of monitoring which is the primary cost which is incurred by the District. He stated that one of the first reasons for the increase has to do with procedures which are always changing with the regulatory agencies. One of the things they do out there is trappings of endangered species, specifically the Salt Marsh Harvest Mouse. As these procedures become more and more restrictive they become more and more expensive. There was also the natural increases in labor costs over time for the firm which is doing the work, WESCO, who have not had any significant increases over this period, which is now five years. He pointed out they have had to absorb some of the increases just to stay within the budget. Mr. Strom stated one of the increases is due to what we call "on call" costs. Increasingly, he receives calls from people who live in that area regarding problems which occur out there. We call WESCO, who are in Novato, and they are very good about coming down as quickly as possible to see if there are any corrective measures which need to be taken. Mr. Strom explained that the calls include complaints such as a large amount of algae in the Lagoon, or odors, etc. The City does not have anyone on staff with that sort of expertise. The estimate for this year includes some additional cost to cover that activity. Those are the three main reasons for the cost increases. Mr. Strom stated that, based on the information they have compiled, they see no new SRCC MINUTES (Regular) 7/5/94 Page 4 km SRCC MINUTES (Regular) 7/5/94 Page difficulties and anticipate that they could probably go forward with a scaled down monitoring program and do it once a year. Mr. Strom noted that when this was initially set up, the report that the Planning Commission approved established a Wetlands Advisory Committee which included the developer, some City staff, Audubon Society and Marin Conservation League representatives, as well as Fish and Game, U.S. Fish and Wildlife Service, and Mosquito Abatement agencies. The reports on the monitoring have gone to the State agencies. Mr. Strom noted that the developer has been representing the residents. However, the residents have now formed a homeowner's association and he would like the Council to authorize inclusion of several homeowner's association members to serve on that Committee so that they could give input on any changes. Councilmember Thayer inquired about Mr. Strom's remark that next year the monitoring program would be scaled back. Mr. Strom explained that would be the year after, and that is assuming that nothing would happen which would necessitate upscaling the program. Based on everything we know right now, it does not seem there would be an ongoing raise in the assessment. Councilmember Zappetini asked if the increase is due to the cost because the regulatory agencies are making it harder to do the job. He inquired, who is the regulatory body? Mr. Strom stated he would like Mr. Scott Cresci to reply. Mr. Scott Cresci of WESCO stated that the U.S. Fish and Wildlife Service, which has specific protocol for sampling endangered species like the Salt Marsh Harvest Mouse, is the regulatory body. They changed their regulations and protocols which are part of the conditions of the permit to trap them. They are requiring that you have to check the traps and close them every evening at sunset and then come back and reopen them in the morning. Before that, you could just set the trap and come back on a 24- hour cycle, but now they do not want to leave them open overnight. They also require that there be two people there to help with the handling of the traps and any organisms which are caught. He stated he believes that the reason for that is to help ensure that it will minimize the potential injury to the endangered species involved. That required going out there twice as often and with twice as many people. Councilmember Zappetini asked what is the budget increase on that? Mr. Cresci replied that, for that particular operation, last year it was $4,440 and for this year it is $6,765, an increase of $1,824. He explained that the change in the regulation went into effect the year before, and we increased the budget from about $2,500 at that time. Along the way, they tightened it further, and we found from actually going out and doing the work what it truly cost to do it. He stated that this year's cost estimate reflects the latest conditions plus what they have found that it takes to do the work on that particular site. Councilmember Zappetini asked if the $6,765 is a monthly charge, and Mr. Cresci replied it is a one-time cost of going out there for a week of trapping. Councilmember Zappetini asked how often does that occur, and Mr. Cresci replied it is just once in the Fall, in September. Councilmember Zappetini inquired how they figured the increase for the sixty homeowners. Mr. Cresci explained that was just one of the increases. Another major increase was in the water quality monitoring which went from $2,900 to $5,600. There was also the data analysis and meeting attendance, etc., where there was additional cost for the on-call services, which went from $8,200 to $10,400. He stated that, overall, there was about a $6,700 annual increase. He stated that increase, per year, is spread over all of the properties. Councilmember Zappetini inquired how many properties are involved. Mr. Cresci replied that in Phase I there are 87 lots, and the Final Map has not been filed for Phase II so it is listed as just one large parcel. He explained that primarily the developer is paying all of the fees under one bill for Phase II, plus he is paying for all of the lots which have not yet been sold in Phase I. The developer is still paying for the majority of this cost. Councilmember Heller clarified that for the homeowner with one piece of property, one house or apartment, it would be an increase of $32.10 for the year. Mr. Cresci agreed. Mayor Boro asked if he understands correctly, that part of these costs are due to regulatory procedures and part due to increased on-call and labor costs, and are they saying that all of these will go away in two years and therefore we will not have the costs? He asked how are they able to state that the costs will be going down? Mr. Strom replied that one way would be to scale back the monitoring program. He asked Mr. Cresci how often they sample the water, and Mr. Cresci replied it begins in April and lasts until October, with once every two weeks on either end and then in the middle in the Summer when you have the most problematic period with algae bloom, when it increases to once a week. He stated that as they develop a data base, they feel they should be in a position where the year after next they could go out perhaps once SRCC MINUTES (Regular) 7/5/94 Page 5 SRCC MINUTES (Regular) 7/5/94 Page a month to check, in addition to responding to calls from residents if they see a problem. Mr. Randy Smith of 35 Baypoint, a general contractor in San Rafael, asked if the Council had received two or three bids for this work. He stated he had no problem with WESCO doing the work, but he wants to know if there was competitive bidding before WESCO was awarded the contract. Mr. Strom explained that specifically WESCO was retained to work on this project which really went back to the time when the project was being set up. He was not personally involved in the selection process. He stated that there had been discussion about who was the best qualified and had the most information on it. Also, State law prohibits the City from bidding for professional services and, basically, when we hire a consultant to do this kind of work, we tend to look at who is the most qualified to do this work, and then we negotiate the costs for the contract. Mayor Boro asked that be researched between now and the next meeting, at how we arrived at this particular consultant. Councilmember Thayer stated it was her recollection that when this came up we sent out a Request for Proposal (RFP) on this project, since we cannot get bids on it because of State law. Mr. Strom noted that was handled within the Planning Department because it was an environmental issue. Mr. Smith inquired does the City set the standards for performance in such cases? Mayor Boro asked the Planning Director to reply. Mr. Bob Pendoley, Planning Director, explained that there was an RFP which laid out standards for both qualifications. The firms had to show that they had a track record, had to list projects they had done before, and explain the qualifications of their staff. In the RFP, we also had criteria for the work. We described the kind of work we wanted to have done, and the kind of procedures we wanted to have developed by the consultant who would ultimately be selected. Mayor Boro stated that, in laymen's terms, his understanding would be that at that point the land was undeveloped. He stated that if development was going to come in, it would seem to him that there would be some kind of measurement which periodically would come back to the City from the consultant as to what the impact has been, what was happening, and how it was being monitored. Mr. Pendoley agreed, stating that the basic frame of reference was environmental review. It originally began with an Environmental Impact Report (EIR) a number of years before the project was approved. Impacts on the Lagoon were identified as a potential problem, and the data in the EIR gave you some basic idea of the kinds of things which had to be measured to make sure you were avoiding impact, and the consultant's job was to develop more detailed criteria as well as testing procedures for keeping track of how things were evolving. Mr. Smith stated that his understanding of the Lagoon is that in the past there was salt water pumped into the Lagoon to keep the water levels up at one time, but he understands they stopped doing that to get the quality up. He noted that in the process of the six-year study that we are doing now, which was a three-year study and was extended for another three years, can we look forward at the end of this next three years, of not needing any more study at all? Or in nine years, no more study? He stated the six years of study on that Lagoon, testing water, should tell you the conditions, and the water is fine and the endangered species are fine. Mayor Boro inquired of staff, what is the life cycle expectancy of this District? Mr. Strom stated that originally it was set up to be an ongoing District to ensure that there was funding for the environmental maintenance of the Lagoon. Mayor Boro noted it is for both monitoring and maintenance. Mr. Strom explained that, in going into this, staff did not know what sort of maintenance was going to be required and that is why the monitoring was established as the first step, to see how much maintenance was going to be required, or whether we would just let it be. He stated that in terms of Mr. Smith's question as to when something ends or not, it seems that would be something which should go back to the Planning Commission for recommendation to the Council. Mayor Boro observed that if you have an Oversight Committee which is looking at this, they would work with the City once they reviewed the results, and would keep the neighbors informed. He stated he realizes that when people bought their homes they were told that this was part of it, the Assessment District. Mr. Strom replied, that is why staff is recommending that the Homeowner's Association has representation on the Oversight Committee. Councilmember Thayer noted that this is the first time there has been a recommended increase since the Assessment District was formed, and it is possible that the assessment may be changed downward. Mr. Strom pointed out that it has come back to the Council on a yearly basis, and the reason this is a Public Hearing is because of SRCC MINUTES (Regular) 7/5/94 Page 6 7 the raise in the assessment. SRCC MINUTES (Regular) 7/5/94 Page Mr. Smith stated that it is a good idea to have a representative of the homeowners sitting on the Oversight Committee so they could bring back information on increases or decreases in the assessment. Mr. David Rosser, a resident of Baypoint Lagoons, stated that not only are the residents of Baypoint Lagoons enjoying the life and the scenery at the Lagoon, but the neighboring Spinnaker Point residents who have been here longer, are also enjoying, or not enjoying, the Lagoon. He noted that there was a complaint about the health of the Lagoon, which came from a Spinnaker Point resident. He pointed out that Spinnaker Point is not part of the Assessment District and yet are enjoying the Lagoon although they are not contributing to it in any way. They are a larger community than Baypoint Lagoons, and that should be considered. He noted that staff has reported that the health of the Lagoon is at its highest peak, and that was verified by some of the Advisory Committee members which he had spoken with. He stated that the residents of Baypoint Lagoons are a close-knit group of people. The sites are selling right now, and he thinks the first phase should be completed and fully sold very soon, according to the developer. He stated there was no mention by the developer prior to that concerning the raise in the assessment on the Lagoon. He stated if the raise had not gone through, none of the residents would be here tonight. When they bought their homes, the disclosure was available to all of them, and they were made aware of the assessment and the existence of the Assessment District, but they were told, and they have it in writing, that it was to be for only three years. It was news to him that it was extended for another three years. That was not made public to them. Mayor Boro inquired, was it news to him about the second phase of the study? He stated it was his understanding that the District will go on as long as the homes are there, as far as maintenance is concerned. Mr. Rosser replied it was news to him, and added he could safely say that if all of the residents were available, they would agree with him. Their understanding, and perhaps that was false, was that it would end after three years. Mayor Boro asked staff to contact the developer, between now and the next meeting, to see just what he is disclosing and if it agrees with what our understanding is. Mr. Rosser noted that the increase is about 30% and anything, in today's economy, which reaches 30% "raises a lot of flags". He stated that when the notification came from the City about this meeting, they got together and realized they should attend the Public Hearing and make sure that the Councilmembers were aware of their concerns. He stated they want to assure the staff members that they care for the Lagoon, since they chose to live there, and they want to make sure that the Lagoon is going to stay healthy for the benefit of everyone, and for the little creatures who live there as well. Ms. Carol Majors, 15 Doweger, whose home looks out on the Lagoon, stated there is no one present who wants the Lagoon to be healthier than she does. She loves living there, but it does seem as though you are having a small group of homeowners pick up the tab. She stated that in their development, except for the people who moved in next to the Lagoon, no one else can see it. The other homes are away from it. On the other hand, Spinnaker Point has a lot of homes backing up to the Lagoon, and they have a beautiful park and a walkway which goes around the edge of the Lagoon, picnic areas and barbecues, and the grass goes all the way down to the water. Baypoint Lagoons has a cyclone fence and a buffer zone, but they are paying the bill and the Spinnaker Point residents are not. She stated she does not understand, and asked if there is anything which can be done to make this equal. Mayor Boro stated that, as he understands it, this has been an evolutionary process. Spinnaker Point was built at one point in time and Baypoint came on at another point in time, and at the time this project came on there was concern about the Lagoon, and its maintenance and monitoring, and the way we overcame the concern of allowing the development to go forward and protect the Lagoon was for these properties to be developed. The other homes were already in existence prior to that time under different conditions. He asked Planning Director Pendoley to explain the background of the issue. Mr. Pendoley explained that people in the Assessment District pay for the maintenance of the Lagoon, that is, the water and the plants which are in it, etc. The shoreline which is developed as a park is paid for by the Spinnaker Homeowner's Association, and is privately owned; whereas the people who live in the newer phase, Baypoint Lagoons, do not have any such payment because they do not have a park. What they pay for is the maintenance of the water part of the facility. There is no way to go back and include the other people in the earlier project to pay for the water feature, unless a majority of those people were willing to vote a tax, but he would not expect that. SRCC MINUTES (Regular) 7/5/94 Page 7 SRCC MINUTES (Regular) 7/5/94 Page Rl Councilmember Thayer clarified, what staff is saying is that Spinnaker is paying through their Homeowner's Association for part of the Shoreline Park, so there is some charge through some mechanism level to them. Mr. Pendoley replied that is correct, and that is done privately as part of the Homeowner's Association membership. He does not know what that fee is. Mayor Boro inquired does Spinnaker maintain that park themselves, and Mr. Pendoley replied it is his understanding that they do. Mayor Boro noted that this Assessment District is something that the Baypoint Lagoons people bought into when they bought their homes. He noted that there are a number of units down there still to be sold, and staff should make sure that these disclosures are clear for the people who are buying. Secondly, if there is any misunderstanding, as has been represented tonight, we should have that cleared up so that staff can bring the information back to the next meeting, along with the question as to how we selected the consultants to begin with. Mr. Pendoley stated that in the last-minute frenzy of buying a home there is so much paperwork. Part of that paperwork is the Title Report, which lists in great detail all of the various taxing entities and the purpose of the tax. He stated they will check the Title Reports and he is sure that this Assessment District is very specifically described. There being no further public input, Mayor Boro closed the hearing and continued the Public Hearing to the next meeting when there will be a report back on the issues raised tonight. Councilmember Thayer inquired of Mr. Rosser whether the developer, or the person who sold him his home, gave him anything in writing leading him to believe that this Assessment District was only set up for a period of three years? Mr. Rosser replied that the creation of the Assessment District, and the residents' contributions to the Assessment District, was fully disclosed by the developer. His understanding, and many of the residents also, was that this was a three-year assessment. Councilmember Thayer asked if that was in writing, or was it verbal? Mr. Rosser was uncertain. Mayor Boro noted that staff will check the Title Report, and he asked Mr. Rosser if he has any documents in that regard he should show them to the staff in the interim so it can be resolved prior to the next meeting on July 18th. Mr. Strom noted that the papers should be brought to the Public Works Department. Mayor Boro asked Mr. Ed Ness, attorney for the Assessment District, if he has anything to add to the discussion. Mr. Ed Ness stated that the importance of this meeting is to get the questions out, so they can be resolved. We will come back on July 18th and hopefully have all of the answers. Mayor Boro informed Mr. Strom that, although he articulated the reasons for the raised costs, it would have been helpful if he had received the figures at the outset so he would understand why it was happening. He asked that next time information be included in the (Public Hearing) notice that is mailed to the affected property owners as to why the costs are going up, and what the dollar amounts are. It would be helpful. Mayor Boro continued the Public Hearing to the meeting of July 18th. 11. PICKLEWEED PARK RENOVATION PROJECT: (Rec) - File 4-10-277 x 9-3-65 x 9-3-66 a. ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO 1) EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH THE FRIENDS OF PICKLEWEED PARK AND, 2) EXECUTE THE GRANT AGREEMENT WITH THE MARIN COMMUNITY FOUNDATION ON BEHALF OF THE FRIENDS OF PICKLEWEED PARK FOR THE PICKLEWEED PARK RENOVATION PROJECT; b. APPROVE PICKLEWEED PARK RENOVATION FUNDING STRATEGY AND PROJECT CONSTRUCTION AS A COMMUNITY PROJECT; C. AUTHORIZE CALL FOR BIDS FOR PLAYGROUND EQUIPMENT AND PREFABRICATED BATHROOM BUILDING. Ms. Sharon McNamee, Recreation Director, gave an updated report on the Pickleweed Park Renovation Project, which has been very successful and rewarding. She reported that the Friends of Pickleweed Park have been working very hard to make this move forward. She briefed the Council on the actions being requested, and added that the grant with Marin Community Foundation is for $269,000 and is a 3:1 matching grant. Mr. John Simontacchi of the Friends of Pickleweed Park reported that his involvement in SRCC MINUTES (Regular) 7/5/94 Page 8 SRCC MINUTES (Regular) 7/5/94 Page this project is to bring the subcontractors and local suppliers in to become involved in the project and see it through from start to finish. He added he will be doing the supervision, along with Mr. Bill Weeks. They are getting some lumber suppliers, Shamrock Concrete and local contractors to help with the excavation. They are doing it at or below cost. He stated he has Allied Builders in San Rafael and he is donating his time and the company's time to see that the job gets done. In addition to the supervision time, their overhead and profit is going into the project. Mayor Boro stated he understood Ms. McNamee to say that there is a $270,000 grant and we have to raise another $800,000. Ms. McNamee stated that is correct, and they are very optimistic about it. She added that Mr. Bill Weeks will discuss the numbers, and how they expect to get to that amount. Councilmember Zappetini inquired, on the Foundation's grant, will they require the prevailing wage? Ms. McNamee replied she does not think that is a requirement of their grant, but she will be paying attention to that in the parts of the grant for which we do pay labor. She stated she will double check that issue. Mr. Bill Weeks stated he does not think the Marin Community Foundation is expecting that, because this is not just a park grant, it is a community development grant. He noted they want us to all work together as a community to develop the community, and he thinks they are very happy that everyone is working together. He noted that raising the $705,000 is not a big problem, and they have already started the process. If not that amount exactly, they will come close to it, including in-kind contributions. He stated they have been getting good response back from the community, and people are willing to help. He noted that in addition to the $269,000 grant being requested, they have received another $81,500 from the City of San Rafael from a share of the $140,000 the City received for the easement. There is also a CDBG grant for $9,000, and the Marin Community Foundation has given a $5,000 community grant to the Parents Group in the Canal, and they have donated that to the project. Supervisor Gary Giacomini donated $10,000 (on behalf of the County), and Marin Conservation Corps has given $4,000 in-kind contributions for the demolition. There were also miscellaneous labor donations from contractors, etc., and that is broken down in the budget. There are also many work parties scheduled, for example, assembling the playground equipment. Although they are in a hurry to get the major part of the foundation work, paths, etc., in, they do not want to hurry to get it all done because the whole purpose of this is to get everyone working together. The more tree planting parties and that sort of activity they can have, the more they get people working together and getting to know each other, will really work for the community, and that is their goal. Councilmember Thayer commended the group for their work, it is such a community effort, and for their attitude toward raising the money. She stated she is very optimistic about this project. It has a lot of interest, and a lot of contractors will donate in-kind support. She stated they are doing a magnificent job. Councilmember Heller concurred with Councilmember Thayer's remarks, and stated she had gone to the groundbreaking and thoroughly enjoyed it, and will enjoy watching the progress and the completed project. Councilmember Heller moved and Councilmember Thayer seconded, to adopt the Resolution authorizing the City Manager to execute the Memorandum of Understanding with the Friends of Pickleweed Park, and to execute the grant agreement with the Marin Community Foundation on behalf of the Friends of Pickleweed Park for the Pickleweed Park Renovation Project. RESOLUTION NO. 9170 - AUTHORIZING THE CITY MANAGER TO 1) EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH THE FRIENDS OF PICKLEWEED PARK AND, 2) EXECUTE THE GRANT AGREEMENT WITH THE MARIN COMMUNITY FOUNDATION ON BEHALF OF THE FRIENDS OF PICKLEWEED PARK FOR THE PICKLEWEED PARK RENOVATION PROJECT. AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen Councilmember Thayer moved and Councilmember Zappetini seconded, to approve the Pickleweed Park Renovation Funding Strategy and Project Construction as a Community Project. AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen Councilmember Thayer moved and Councilmember Zappetini seconded, to authorize the call for SRCC MINUTES (Regular) 7/5/94 Page 9 10 SRCC MINUTES (Regular) 7/5/94 Page bids for playground equipment and prefabricated bathroom building. Councilmember Thayer inquired, in reference to the bathroom building, whether there is any kind of construction which will prevent graffiti. Ms. McNamee replied they are bidding for a "graffiti proof" surface which is an easily cleaned plastic to which the graffiti does not adhere. Councilmember Thayer inquired how will the building be monitored during the day, since an undesirable element sometimes can cause a problem. Ms. McNamee stated there will be park supervision and park maintenance. There will be playground leaders and people supervising leagues, and others on the site. She added they are working on that as part of the funding strategy. Ms. McNamee reported they have already started their supervision program, with a playground supervisor from Noon to 5:00 PM, being funded by the County's Summer Youth Employment Program. AYES: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen Mayor Boro congratulated everyone involved in the project, noting it is being done in record time. 12.APPROVE FACILITY USE AND MANAGEMENT AGREEMENT FOR THE BOCCE BALL COMPLEX AT ALBERT PARK WITH THE MARIN BOCCE FOUNDATION (Rec) - File 4-3-275 x 9-3-65 x 9-3-66 Mayor Boro stated he understands that this item is to be continued for two weeks. Ms. McNamee stated she had been hoping to have the Agreement done by this date, but it has not gone before the whole Bocce Foundation board. They will be looking at it Thursday, and will be ready for the next Council meeting. Mayor Boro stated he had a concern when he read the Agreement. He asked, what about the people who have their own bocce balls and just want to go down there and play? Will they have time allocated for anyone who just wants to go down there and play, and do they have to rent a space? Ms. McNamee replied her understanding is that the Bocce Foundation will be submitting a schedule to the Park and Recreation Commission and then to the City. It is not required yet, because the Agreement is not in place. Her understanding is that when the construction is finished and we can take the fence down, and it is safe for people to walk through, anyone can walk on those courts any time of the day, like tennis, and bring their own bocce balls, and if they would like to borrow balls they would either be available through the Foundation in their little trailer or down at the Recreation Center with a deposit or minor fee. It will be open to the general public and they will try to have a schedule posted there. They are working on Tuesday afternoons being "Kids' Day", and working with the Goldenaires to get a time for them. Mayor Boro clarified that there will be league time and social time, and Ms. McNamee replied that is correct. He then noted Councilmember Heller had wondered if the courts would be handicapped accessible. Ms. McNamee replied that one court will be handicapped accessible, where you can actually roll onto it. The whole facility is accessible in terms of getting around, but only one of the courts can accommodate a wheelchair. Mayor Boro stated that this item will be carried over to our next meeting. 13.APPROVAL OF CONTRACT WITH ALLIED INFORMATION AND SERVICES CORPORATION FOR THIRD PARTY BILLING FOR EMERGENCY MEDICAL SERVICES - FIRE DEPARTMENT (FD) - File 4-3-276 x 9-3-31 x 13-1 Fire Chief Marcucci explained that as part of the Fire Department budget process, the City Council had tentatively approved the concept of Third Party Billing. He noted that some time ago, the Firefighters' Association initiated a request to look at Third Party Billing. Research has shown that many fire agencies who run paramedic service or ambulance service are already doing Third Party Billing. Under that system, we would be charging the insurance provider, not the patient, for the transport of the patient from the home to the hospital. The paramedic service fee is for the standby charge of the paramedic and the response to the home. Chief Marcucci explained they had considered two firms, Allied Information and Service Corporation of Alameda, and Wittman Enterprises of Sacramento. They looked very carefully at both, and felt that Allied provides a unique service. Although their fee is more expensive, at 11% of cash receipts, and Wittman was 7%, the Allied is a total computer-based program which means that the paramedics are provided by Allied with a "Pen Based" computer with handwriting recognition, which electronically captures the patient information. It can be printed out en route to the hospital, and they will have a hard copy to give to the physician. When they return to the station they will download the information to a PC (personal computer) which will be SRCC MINUTES (Regular) 7/5/94 Page 10 11 SRCC MINUTES (Regular) 7/5/94 Page provided by Allied. Allied will do the billing electronically. Staff feels that, compared to the manual system used by Wittman, which would mean adding additional staff, the savings associated with the Allied system, including the time to collect the various documents for billing, accuracy of billing and patient information, in addition to the quick turnaround time in data collection, is worth the cost of the additional fee. He feels the $12,000 difference on cash receipts of $300,000 would result in a better return on our investment. He concluded by stating that he is asking this evening for approval for the City Manager to sign the agreement with Allied Information and Services Corporation. Mayor Boro stated that it is his understanding, in the budget which the Council approved tonight, that these monies will go to offset the cost of the service. He noted that was the agreement they made in adopting the budget. Chief Marcucci agreed. Councilmember Zappetini inquired about page 2 of the staff report, the last sentence in the second full paragraph, "Allied would require the City to insure all 'Pen Based' equipment against loss and/or damage, and sign a software licensing agreement for the 'Pen Based' system". He asked how much will that cost, and what is involved in the licensing? He asked if that is another fee. Chief Marcucci replied it is not another fee. He explained it simply means that we will not sell their equipment or copy their software. It is their program and they paid to have it developed. We are using it but we cannot modify it or hand it over to another fire department or to another agency. It is their program and we are being allowed to use it. It is licensed under Allied Information and Services Corporation. Councilmember Zappetini inquired if it is a verbal agreement, and Chief Marcucci replied that it is. Regarding the insurance, Chief Marcucci noted the City is self-insured and he does not think it will run more than $15,000 for two ambulances, for the personal computers and printers. Mayor Boro noted that this is a 24 -month program so we can see at the end of that time how it is going. Councilmember Heller agreed with the concept of the 24 -month period, since we will know within that time whether it has been successful, and whether it would be cheaper to go with the manual system. Chief Marcucci added that we could have a clause to stipulate that either party can get out of the contract in 60 days. It would not necessarily have to be for two years. Councilmember Zappetini moved and Councilmember Thayer seconded, to adopt the Resolution authorizing execution of the agreement with Allied Information and Services Corporation (subject to approval of the City Attorney). RESOLUTION NO. 9171 - AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ALLIED INFORMATION AND SERVICES CORPORATION FOR THIRD PARTY BILLING SERVICES FOR THE SAN RAFAEL FIRE DEPARTMENT AYES: COUNCILMEMBERS: Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ADJOURNMENT Thayer, Zappetini & Mayor Boro Cohen Mayor Boro adjourned the meeting in memory of the former Fire Chief Vance Trivett, who served as Fire Chief from 1960 to 1971, and recently passed away. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL , 1994 SRCC MINUTES (Regular) 7/5/94 Page 11