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HomeMy WebLinkAboutCC Minutes 1997-12-15SRCC MINUTES (Regular) 12/15/97 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 15, 1997 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION - 7:00 PM None OPEN SESSION - 7:00 PM ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM REMOVAL OF MTBE, A GASOLINE ADDITIVE - File 100 a. Bruce Bullard addressed the Council, stating this was an extremely important issue. noting MTBE is an ether put in gasoline as an oxidant agent, and is very dangerous. He noted Senator Mountjoy lobbied against MTBE with SB 521; however, the legislature watered down the bill. He reported Mr. Brenner, head of the Environmental Protection Agency (EPA) , would soon be contacted by Senator Barbara Boxer, stating Senator Boxer held a hearing in Sacramento on December 9th, asking for the removal of MTBE. Mr. Bullard referred to an article about the Environmental Protection Agency in the October 20th issue of Forbes Magazine, in which the magazine outlines the politics of the EPA. He implored everyone to read this article, stating he would like to submit the article as evidence of irresponsibility within the EPA. Mr. Bullard stated it appeared the EPA was sacrificing our health for their political agenda, and he felt this was very dangerous business. He noted Senator Mountjoy has come out heavily against MTBE, and he asked that the City of San Rafael become the first city in Marin County to ban MTBE and, if possible, to call San Rafael an MTBE free zone. He acknowledged that banning MTBE would not be difficult, but turning San Rafael into an MTBE free zone, as we have done with nuclear material, might be hard. However, Mr. Bullard stated he believes MTBE is just as dangerous, if not more dangerous, to our water than nuclear material. Mayor Boro invited Mr. Bullard to submit anything he had in writing to City Manager Gould, who would consider it, and if Mr. Gould deems it appropriate, he will bring this issue back to Council for consideration. b. ST. VINCENT DE PAUL DINING ROOM RELOCATION - File 9-2-49 Jesse Hamlin, 16 Redding, stated he and his neighbors in the Bret Harte area were aware the City would be considering various relocation sites during the coming weeks, and that several sites in the Bret Harte neighborhood have been under serious consideration. Mr. Hamlin presented a petition signed by 490 residents and merchants of the Bret Harte area, urging Council not to relocate the dining room in their neighborhood. He stated they completely agree with the City's guidelines that the new dining room location should not be close to homes or schools, pointing out they have plenty of both in Bret Harte. Mr. Hamlin urged the Councilmembers, when this matter comes up for their consideration, to please take the residents' concerns into consideration. He stated they are trying to improve their neighborhood for their children, and they feel that moving the dining room, and the problems that accompany it, to Bret Harte would have the opposite effect. CONSENT CALENDAR: Councilmember Cohen moved and Councilmember Miller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Special Joint Meeting of Wednesday, October 15, 1997 with Board of Library Trustees, and Regular Meeting of Monday, December 1, 1997 (CC) 2. SECOND READING AND FINAL ADOPTION OF ORDINANCE adoption of NO. 1719 - An Ordinance of the City of San Rafael Approved as submitted. Approved final Ordinance No. 1719. SRCC MINUTES (Regular) 12/15/97 Page 1 SRCC MINUTES (Regular) 12/15/97 Page 2 Adding Chapter 10.74 to the City of San Rafael Municipal Code Relating to the Establishment of the Marin Telecommunications Agency, Delegating Authority Thereto, and Assigning Existing Contracts of the City of San Rafael (CM) - File 4-13-101 x 4-13-88 3. Monthly Investment Report (Admin. Svcs.) - File 8-18 x 8-9 x 9-7-4 Accepted report. 4. Resolution Authorizing Execution of an AgreementRESOLUTION NO. 9990 - Between the City of San Rafael and David M. RESOLUTION AUTHORIZING THE Griffith & Associates for Mandated Cost EXECUTION OF AN AGREEMENT Reimbursement (Admin. Svcs.) - File 4-10-270 BETWEEN THE CITY OF SAN RAFAEL AND DAVID M. GRIFFITH & ASSOCIATES FOR PROCESSING CLAIMS FOR MANDATED COST REIMBURSEMENT (July 1, 1997 through June 30, 1998). 5. Acceptance of 1996/97 Redevelopment Agency Accepted report; to be Audit and Annual Report (RA) forwarded to the State - File 140 x (SRRA) R-62 Controller's Office. 6. Resolution Denying Application for Certificate This item removed from Consent of Public Convenience or Necessity in Issuance Calendar and continued to of Off -Sale License, 832 Irwin Street, Irwin meeting of 1/5/98, at request Shell Foodmart (PD) - File 9-3-30 of staff. 7. Resolution Authorizing the Director of Public RESOLUTION NO. 9991 - Works to Execute Agreements for State Reimbursement RESOLUTION AUTHORIZING THE of All State/Local Transportation Partnership DIRECTOR OF PUBLIC WORKS TO Program ("SLTPP") Traffic Improvement Projects EXECUTE AGREEMENTS WITH THE (PW) - File 11-16 x 4-8 x 9-3-40 x 171 STATE FOR SLTPP TRAFFIC IMPROVEMENT PROJECTS. 8. Resolution Approving Three Leases with Dixie School RESOLUTION NO. 9992 - District for Classroom Space at Vallecito School RESOLUTION AUTHORIZING THE and Land Leases for Dixie School and Mary Silveira SIGNING OF AN AGREEMENT WITH Schools for Child Care Facilities (Rec) THE DIXIE SCHOOL DISTRICT FOR - File 2-9-17 x 9-3-65 LEASES AT VALLECITO, DIXIE, AND MARY E. SILVEIRA SCHOOLS (Vallecito - 3 Year Lease; Dixie and Mary E. Silveira - 10 Year Leases). AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None ABSTAINING: COUNCIL ERS: Phillips (from minutes of December 1, 1997 only, due to absence from meeting). DISQUALIFIED: COUNCIL ERS: Mayor Boro (from Item #2 only, due to potential conflict of interest). PUBLIC HEARING: 9. PUBLIC HEARING - File 5-1-334 x 10-7 a) APPEAL OF PLANNING COMMISSION'S APPROVAL OF A NEGATIVE DECLARATION, PARCEL MAP TO DIVIDE ONE PARCEL INTO TWO AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A NEW SINGLE-FAMILY HOUSE LOCATED AT 35 ST. FRANCIS LANE; APN 15-211-14; ROBERT AND LINDSAY NEVILLE, OWNERS; THOMAS FAIMALI AND MARIE LAVIN, APPELLANTS (CD) b) APPEAL OF PLANNING COMMISSION'S APPROVAL OF A NEGATIVE DECLARATION, PARCEL MAP TO DIVIDE ONE PARCEL INTO TWO AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A NEW SINGLE-FAMILY HOUSE LOCATED AT 35 ST. FRANCIS LANE; APN 15-211-14; ROBERT AND LINDSAY NEVILLE, OWNERS; RICHARD AND DOROTHY BREINER, DAVID AND ROSE STADTNER, APPELLANTS (CD) Mayor Boro opened the Public Hearing and continued the hearing to the regular City Council meeting of Tuesday, January 20, 1997, at the request of staff. OLD BUSINESS: 10. PICKLEWEED ADVISORY BOARD ("PWAB") MEMORANDUM OF UNDERSTANDING ("MOU") AMENDMENT AND COMMUNITY CENTERS RENTAL AND USE POLICIES (Rec) - File 4-10-164 x 12-15 x 9-3-65 Assistant City Manager Suzanne Golt, Acting Recreation Director, introduced Bob Hess, Supervisor at Pickleweed Recreation Center, who reported the Pickleweed SRCC MINUTES (Regular) 12/15/97 Page 2 SRCC MINUTES (Regular) 12/15/97 Page 3 Community Center opened in 1984, due in great part to collaboration between the City and the Canal Community Alliance. He stated a Memorandum of Understanding (MOU) was developed to establish guidelines for use of the facility, including the establishment of the Pickleweed Advisory Board to advise the City's Park and Recreation Commission on programs and uses at the Center. Mr. Hess pointed out there have been several amendments to the MOU over the years. He stated the Advisory Board, in its present state, was inactive from the Spring of 1996 until this past June, and it reconvened to review the programs, what was going on at the Centers, and their configuration. Going on at the same time was the Canal Voice Project, which has been completed, and a group of interested residents and City staff formed the Pickleweed Action Team as part of the Canal Voice Project, noting its focus was on the Pickleweed Community Center and the surrounding neighborhood. Due in part to Councilmember Miller's involvement, the Pickleweed Advisory Board and the Pickleweed Action Team met jointly in September, and determined they had the same goals. He reported that out of the meeting between the Pickleweed Action Team and the Pickleweed Advisory Board, they recommended the two groups be made one; that both groups work together to support the revitalization of the Canal area and the Pickleweed Advisory Board; and that the Advisory Board be expanded from seven to nine members, five appointed by the CCA (Canal Community Alliance) , and four by the Park and Recreation Commission. Mr. Hess stated there was an expressed opinion that the majority of the Board be residents of the Canal, since that is where the Center is located. Each agency was also allowed to select one non-resident which, in the case of the Park and Recreation Commission would be a Commissioner, who would report back to the Commission. Mr. Hess stated staff's recommendation for reconfiguring the Board has been reviewed and supported by the Canal Community Alliance's Board of Directors, and by the Park and Recreation Commission. Regarding the Resolution concerning rate reductions and new use category, Mr. Hess reiterated this was only for a trial period, from January 1, 1998 through July 31, 1998. Referring to the rental rate reductions, Mr. Hess reported that over the years the Pickleweed Community Center has been the least utilized of the City's three Centers, noting just during the past five months rentals have been down approximately 25% from last year at the this same time. As an example, last year's revenue to date was approximately $13,000, while this year's is $10,000. Mr. Hess reported this was one of the issues they discussed during the Study Session, and it was decided that if we reduced the rates by half, it might affect us in the short term, but in the long term we would get more people, including people from outside the neighborhood, using the facility. Therefore, staff recommended reducing the rates by 50% during the trial period. Referring to the recommendation of creating a Free/Complimentary Use category for the three Centers, and the Conditions that would go with that, Mr. Hess reported there are many organizations and individuals who provide services for the community, and enhance local quality of life. He stated these groups, such as local PTA' s and the Girl Scouts, at times need spaces to meet, and sometimes this is at the Community Centers. He noted that over the years staff has allowed such groups to use meeting space at no charge, if the space is available, and if it is during regular Center hours. Mr. Hess stated the presence of such organizations benefits the community, as well as increasing the residents' exposure to our facilities and programs. He explained that in establishing this category, they felt the need to establish built-in controls to prevent any abuse or monopolization of the space at the Centers, and cited the following conditions: 1. The area (room, auditorium, etc.) requested is available and the use is during normal operating hours; 2. The applicant is a community group or individual that provides a service, at no charge, that will benefit the neighborhood; 3. The applicant must complete a standard Facility Rental Contract and abide by the requirements, as stated on the contract; 4. No group or individual may utilize this Free Use category more than twice a month or six (6) total hours monthly; 5. Requests for Free Use may not be made for dates more than 90 days from the application date; 6. If use is requested for multiple dates or consecutive months, a three month contract limit will apply. After the three months has expired, the use may be reviewed and/or renewed, based on space availability and fulfillment of contract requirements. Mr. Hess believed they could formalize such a use category, and he hoped the criteria met everyone's needs. Briefly addressing the fiscal impacts, Mr. Hess stated the Advisory Board reconfiguration would not have any, and the proposed reduced rates at Pickleweed would initially result in decreased revenue, but they felt it would pick up over the course of time. He noted the Free/Complimentary Use category would have minimal, if any, impact because it would only be available when the buildings are normally open. SRCC MINUTES (Regular) 12/15/97 Page 3 SRCC MINUTES (Regular) 12/15/97 Page 4 Councilmember Heller asked how the City was going to publicize the new policy? Mr. Hess pointed out there were a lot of groups currently using the facilities, and noted we would inform them. In addition, there will be a Recreation Department brochure coming out in the next month, and including this information in the brochure was another possibility. City Manager Gould stated if Council approves this proposal for the six month trial period, it might be easy and fun to develop a flyer that advertises a six-month sale, showing the new rate slashed 50%. He noted these could be sent to all those who have rented the Pickleweed Center in the past, and do the same for the community groups who have asked to use the Center in the past. Councilmember Cohen asked if staff had looked at what it actually costs us to rent out the facilities on an hourly basis, and if there are impacts on staff time or other costs associated with that? Mr. Hess stated this had been incorporated in the Revenue Cost Study, and the assumption was made that the City has agreed to staff the building during certain office hours, which is the only time they would consider allowing free use. Mr. Cohen referred to the rate reduction, noting if we reduce the cost, the number of hours the Center is rented out may well increase. However, he stated our ability to recover the cost of operation would not necessarily increase, and asked if we were reaching a point where it is actually costing us money to have people rent the facility, and where we reached the point of just recovering the personnel cost? Mr. Hess stated that in the rates there is a staff facility attendant fee, which will not change, so if someone rents the facility after hours or for an extended time there is the rental use, and also the facility attendant fee. Mr. Hess pointed out that any additional "above and beyond" costs would remain the same, noting we were only talking about the hourly increment. City Manager Gould stated if someone was using the facility for special set-up or clean-up, they would have to pay the fully burdened hourly rate for that. Mayor Boro clarified there would be an attendant from 8:00 AM to 5:00 PM, and if the room is empty it costs so much to have the attendant there, and if the room is used there may be some expense, but it would be incidental; however, if there is added expense for such things as set-up or take-down, then we will charge for that, even at this discounted rate. Mr. Hess stated that was correct. Councilmember Heller pointed out we would be reviewing the rates again at the end of six months, so we will be able to look at our costs and expenses. Councilmember Phillips noted Mr. Hess had discussed a curve, with rates dropping down, demand increasing, and rates going back up, and asked if Mr. Hess expected any portion of that curve to be included or excluded within the seven month period, and if the seven month period would actually show us a trend? Mr. Hess believed initially it would show a downward trend, but they were shooting for a Spring/Summer increase, because by then the word would be out. Mr. Hess pointed out Pickleweed's rental patterns are a little different than at the other Centers. Mr. Phillips asked if staff was aware of the current rental pattern, so we could make a comparison? Mr. Hess stated they had past statistics to use for comparison. Councilmember Miller referred to the Advisory Committee, stating he was concerned that the Rules and Procedures be such that they are inclusive, noting both the Canal Community Alliance and the City have been very anxious to have total participation in the community. He asked that the Rules of Procedures or Rules of Order be developed as such, and suggested perhaps other people in the community could serve on the committee so we really get involvement out there. He stated it was through this committee that we would be able to develop the leadership, and asked that we have leadership training with that committee, because that is where we are really going to involve and empower the community, and one of the key factors to that will be the way the meetings are conducted. Tom Wilson, Director of the Canal Community Alliance, stated this Memorandum of Understanding came closer to the spirit of what was intended by the founder than even the original Memorandum of Understanding, noting he and the Board of Directors were very pleased with it. He thanked Councilmember Miller for providing leadership in bringing the Canal Voice group and the Pickleweed Park Advisory Board together, and City Manager Gould, Supervisor Bob Hess, and Assistant City Manager Golt, in her dual role as Assistant City Manager and Acting Recreation Director, for making this happen. He suggested if we are looking for volume to replace the cost, perhaps they should look at including the entire summer in the trial period, although he acknowledged he was not sure of the use patterns. Mr. Wilson agreed with Councilmember Miller that it would be a great project to do jointly, to actually get some funds and do real leadership training with the members of the Board, noting they are very interested in bringing in people with a lot of interest and energy, who can really benefit from that type of leadership training, and make it an active and viable group. He noted the Pickleweed Advisory Board would take the lead on a lot of these issues, but SRCC MINUTES (Regular) 12/15/97 Page 4 SRCC MINUTES (Regular) 12/15/97 Page 5 CCA hoped to be there with the City to support them in our success. Mayor Boro referred to Item #5 of the Conditions, and asked if people generally book the facilities 90 days in advance? Mr. Hess stated this time frame allowed them to know ahead of time if the rooms are going to be available, and gives people time to plan. Referring to Mr. Wilson's suggesting that the trial period be extended beyond July, Mayor Boro stated that as this program evolves, staff could come back to Council in a couple of months and recommend trial period be extended. Councilmember Cohen asked if we were going to reappoint current members of the Advisory Board? Assistant City Manager Golt stated they had discussed taking applications, and the City and Canal Community Alliance have also had discussions on compatible recruiting methods. She stated they would be asking people to express their interest, and it may very well be that some of the current Advisory Board members will apply. She noted there was a committee that came out of the Canal Voice called the Pickleweed Action Team, and she felt there would be a number of interested people from that group, as well as from among Canal Community Alliance appointees who will wish to continue. Mr. Cohen noted on some of our applications we state we are seeking certain characteristics in trying to strike a balance in terms of how we do the appointments, and asked if these applications could be defined enough that we might want to state that? He asked, as an example of the kind of thing we might want to say, if we wanted to make sure at least half the members of the Board are tenants, as opposed to homeowners in the neighborhood, or perhaps we might want to talk about language skills so we maximize representation of the different communities. He wondered if we might want to set up some guidelines for when they look at the appointments. Mr. Miller agreed there should be guidelines, but noted we would want to include all of the neighborhoods so we have a good cross-section, stating we would want a valid sampling of the community. He believed it was a good idea to come up with general guidelines so the committee is reflective of the community, but felt we should not get too specific with each individual candidate. Mr. Hess stated that through the Canal Voice Project we have developed much more interest from the community, and we will be calling on them to come forward and become involved, which he believed would revitalize the entire process, on both the Commission and the Board of Directors. Mr. Cohen stated he would like to see Councilmember Miller have some involvement in guiding this process. Councilmember Cohen stated that in reviewing how this is working, if the non-profit groups are following this, we are offering them a tremendous resource if they take advantage of it. He stated we could conceivably get to the point, which we may or may not track unless we set out to do so, where, if this becomes a success, and the non-profit community is heavily using it, we are turning away potential paying customers, we need to know that. Mayor Boro stated that was why he had questioned whether 90 days was too far in advance to reserve the space. Mr. Cohen stated it would be nice to know, when we do the review in seven months, whether this is happening. Mr. Hess stated staff could easily track this. a) RESOLUTION APPROVING AN AMENDMENT TO THE MOU BETWEEN THE CANAL COMMUNITY ALLIANCE ("CCA") AND THE CITY OF SAN RAFAEL WHICH RECONFIGURES THE PICKLEWEED ADVISORY BOARD. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution approving an amendment to the MOU between the Canal Community Alliance and the City of San Rafael reconfiguring the Pickleweed Advisory Board. RESOLUTION NO. 9993 -RESOLUTION AUTHORIZING THE SIGNING OF A THIRD AMENDED AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE CANAL COMMUNITY ALLIANCE (CCA) FOR THE JOINT USE OF THE PICKLEWEED PARK/COMMUNITY CENTER SPECIFICALLY REGARDING THE CONFIGURATION OF THE PICKLEWEED ADVISORY BOARD (PWAB). AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None b) RESOLUTION ESTABLISHING A TRIAL PERIOD FROM JANUARY 1, 1998 THROUGH JULY 31, 1998 RE: 1. REDUCED RENTAL RATES FOR PICKLEWEED COMMUNITY CENTER; AND 2. POLICIES GOVERNING FREE USE OF PICKLEWEED PARK AND SAN RAFAEL COMMUNITY CENTERS AND TERRA LINDA RECREATION CENTER. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution adopting policies governing free use of Pickleweed Park and the San Rafael Community Center and Terra Linda Recreation Center in the manner discussed by staff, with the trial period as described. SRCC MINUTES (Regular) 12/15/97 Page 5 SRCC MINUTES (Regular) 12/15/97 Page 6 RESOLUTION NO. 9994 -RESOLUTION AUTHORIZING THE ESTABLISHMENT OF RATE REDUCTION OF 50 PERCENT AT PICKLEWEED COMMUNITY CENTER AND POLICIES REGARDING FREE USE OF THE PICKLEWEED AND SAN RAFAEL COMMUNITY CENTERS AND THE TERRA LINDA RECREATION CENTER FOR A TRIAL PERIOD FROM JANUARY 1, 1998 THROUGH JULY 31, 1998. AYES: COUNCIL ERS: NOES: COUNCIL ERS: ABSENT: COUNCIL ERS: MONTHLY REPORTS: Cohen, Heller, Miller, Phillips & Mayor Boro None None 11. CITY MANAGER'S REPORT - File 9-3-11 City Manager Gould reported the Marin Independent Journal had run a headline on the front page of its newspaper declaring 200 residents of 30 Novato Street would be relocated. Mr. Gould stated that although reporter Lizette Wilson's article which followed was correct, reporting that a coalition of non -profits would be meeting with the residents in an attempt to relocate them, either on a short-term or permanent basis, neither the City nor the Health Department has decided to close 30 Novato Street, or force people out of that apartment complex. 12. COUNCIL REPORTS: a. ASSOCIATION OF BAY AREA GOVERNMENTS ("ABAG") GENERAL ASSEMBLY - File 111 Councilmember Heller reported she had attended the ABAG General Assembly meeting on November 21st, at which they focused on the challenges facing K-12 education in the Bay Area, and the role of the cities and counties. She stated they had some very good panels, noting one that was very interesting was "Innovative and Cooperative Efforts Between Schools and Local Governments". She reported she brought back handouts from Mary Griffin, Supervisor from San Mateo County, which detail some of these efforts, and gave them to Mayor Boro and Councilmember Phillips, as they both attend the liaison meetings with the two Districts. She noted the keynote address was given by Assemblywoman Kerry Mazzoni, and it was a very interesting meeting. There being no further business, the meeting was adjourned at 8:40 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1998 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 12/15/97 Page 6