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HomeMy WebLinkAboutCC Minutes 1998-07-06SRCC MINUTES (Regular) 7/6/98 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 6, 1998 AT 8:20 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 Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION: Mayor Boro announced Closed Session items. CLOSED SESSION: la. Conference with Real Property Negotiator (Government Code Section 54956.8) Property and Business Street Address: 1000 Francisco Blvd., San Rafael (Scotland Car Yard site) APN 08-102-04 Negotiating Parties: San Rafael Redevelopment Agency and Claire Engleberg, property owner, and Snorre Grunnan, business owner of Scotland Car Yard. Under Negotiation: Instructions to negotiator with respect to price and terms. City Attorney Ragghianti announced no reportable action was taken. Mayor Boro announced one additional item would be discussed in Closed Session at the conclusion of the City Council meeting. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:20 PM ERIK'S DOWNTOWN DRIVE-IN - CLOSURE OF LINDARO STREET (Verbal) - File 100 x 11-19 Erik Honour, owner of Erik's Downtown Drive-in, stated he believed the City of San Rafael had underestimated the impact of its aggressive planning and approval of the Vision 2000 on the business of Downtown San Rafael. He reported he had worked extremely hard during the past four years, putting in many hundred -hour weeks to get his business where it was this Spring. He stated in April, he attended a meeting held by Fair, Isaac at the San Rafael Community Recreation Center, at which time he expressed his concerns over the closure of Lindaro Street, and the influence of that upon his business. He stated the Traffic Engineers assured him his business had been taken into consideration, and that they actually anticipated his business profiting, since traffic would be routed in his direction. Mr. Honour reported Fair, Isaac stated they were really concerned about surrounding businesses, and Stephen Gayle (Vice -President of Fair, Isaac) offered a solution, by putting out signs. Mr. Honour stated he survived E1 Nino, and once the good weather finally appeared, he began to prepare for Summer, which happened to be a week before school got out, and business was great. However, the following Monday, a payday on the 15th, his business disintegrated by almost 50%, due to San Rafael closing Lindaro Street for the entire summer, plus Second and Third Streets being closed down to one lane for improvements; and on top of that, he had the first day of Fair, Isaac's demolition to compete with. He reported that on Tuesday the 16th, his business plummeted even further, now by over 50%. Mr. Honour felt Fair, Isaac's site construction was definitely a bad influence on his business, with the unearthing of creosote, which had been identified by Fireman Gold. He stated that on June 17th, the creosote fumes were so strong and sickening that his employees and customers were physically affected, noting he even had people get up in the middle of their lunch and leave. He stated he knew he had to do something, so he crossed the street to inform the supervisors of his problem, which they initially tried to deny as diesel or car exhaust. Mr. Honour reported he got on the phone and called anyone who would listen, and got very few results. He noted Fair, Isaac did take care of the exposed, contaminated wood; however, creosote fumes continued to be a problem for weeks, depending on which way the wind blew and how hot it got. Mr. Honour stated the following week he contacted Stephen Gayle and scheduled a meeting, and also scheduled an appointment with Jean from the Chamber of Commerce. He stated that during his meeting with Jean, SRCC MINUTES (Regular) 7/6/98 Page 1 SRCC MINUTES (Regular) 7/6/98 Page 2 the creosote fumes returned, and Jean admitted she would not eat at his restaurant. Mr. Honour stated Stephen Gayle did not experience the fumes, but did offer to pass out flyers to promote the restaurant's new lunchtime delivery service. However, after promising to pick up the flyers the next morning, Mr. Gayle never returned, and almost a week later, someone came by to pick them up. Mr. Honour stated he needed the Council's help, explaining his is a small, family-owned and operated business. He noted his father had come to this country with $400.00, and his mother came with less than $200.00, and now they were risking everything they had worked for to help him reach his dreams. Mr. Honour reported he had been able to reach his financial obligations until June 15, 1998, stating he had unknowingly placed all of his future goals and plans in the hands of the City of San Rafael. He noted he had well over seven years of hard-core construction to look forward to, but at this rate, he did not believe he was going to make it. He stated he needed compensation and assurance that he will survive, and be a part of the City's Vision 2000. Mayor Boro asked City Manager Gould to take Mr. Honour's comments under consideration, and report back to Council, and to Mr. Honour. SAN RAFAEL POLICE BOAT - 1999/2000 BUDGET PROCESS - File 9-3-30 x 8-5 (Verbal) Dick Sadler, resident of San Rafael, noted that with program budgeting now in place for the Departments, he was suggesting that during the next fiscal year San Rafael Police Chief Sanchez and the City Council look at a project that is currently occurring in San Rafael, as well as other agencies. He believed that when the City looks at projects and expenditures for elimination, those that gravitate to the top tend to be those which are also performed by other agencies, such as the federal government or the County. Mr. Sadler suggested they look at the maritime activities of the Police Department, both the vessel that is operated, as well as the time spent by the Police Officer, for possible modification. He noted the federal government obviously had a responsibility for navigable waters, and the County has deeper pockets than the City, pointing out they have a vessel, as well. Mr. Sadler stated he could not think of any hobbies, other than private flying, power boating, or sailing, that require more or deeper personal finances to operate, and he felt, from an equity standpoint, perhaps consideration should be given to drawing from that group for the City's expenditures in this particular area. He also suggested perhaps volunteer personnel could be used to man the vessel, freeing -up that Officer's time, noting it could well be that some of the volunteers have even greater powerboat experience than the Officer. He asked the Council and Chief Sanchez to look at this issue during the next fiscal year, for possible modification in the next budget. 211 CANAL STREET - File 187 (Verbal) A tenant of the apartments at 211 Canal Street by the name of Mr. Nicholas addressed the Council, requesting an emergency moratorium on evictions of residents at 211 Canal Street. He reported the residents were on strike against the owners of the building, as many of the residents have issues which have not yet been dealt with by the owners. Mayor Boro asked if there were already residents who were to be evicted, and he was informed that all of the residents were being evicted. Mayor Boro asked City Manager Gould if he was aware of this situation? Mr. Gould stated he had spoken with the property owner last Friday, who provided Mr. Gould with correspondence from Marin Legal Aid, as well as his own response. Mr. Gould explained it appeared the property had changed hands last November, and since that time the property owner has engaged in upgrading the property. Code Enforcement Officer Nimot Shakoor-Grantham and County Health Inspectors noted certain violations, which are being corrected. Mr. Gould reported the property owner had recently notified the residents of 211 Canal Street of rent increases, which the property owner claims would still put the rents under market, although they are still substantial increases, compared to what has been paid in the past. Mr. Gould stated it was his understanding that some of the residents had refused to pay the increased rents, so the property owner has set a date for their eviction. Mr. Gould explained the City's interest in this matter was to make sure there is healthy, safe, and sanitary housing; therefore, the City is engaged in a process of making sure 211 Canal Street is brought fully up to Code; however, he did not know what other jurisdiction the City had in the landlord/property owner dispute. He reported Mediation Services was involved in working with the tenants, as was Legal Aid. The tenant stated Mediation Services had tried to become involved, but the property owner has refused to participate in their mediation services. He reported there were many Code violations and safety issues which have not been addressed by the management; therefore, he stated the tenants were on strike, and would not pay the rent increases, because they truly believe it is ridiculous to pay $1,000 for a one -bedroom apartment, particularly when the building is in need of repair. He stated that as a result of the strike, all the tenants were being evicted, and they were asking Council for an Emergency Moratorium to prevent the evictions. SRCC MINUTES (Regular) 7/6/98 Page 2 SRCC MINUTES (Regular) 7/6/98 Page 3 Mayor Boro pointed out this was an issue in which the City could not directly intervene, but stated City Manager Gould would attempt to discuss the issue with Mediation Services and the property owner, in an attempt toward negotiation, and noted Mr. Gould would be in contact with the tenants. AMENDMENT TO THE MOBILEHOME RENT CONTROL ORDINANCE - File 13-7-1 x 9-3-16 (Verbal) Coleman Persily, President of the Contempo Marin Homeowners Association, reported a few years ago, Council established an Ordinance to protect the residents in mobilehome parks from rent increases which would go beyond a fair return for the park owners. He explained the main reason for passing the Ordinance was to preserve affordable housing in mobilehome parks. Mr. Persily reported that during the latest arbitration concerning a rent increase, the residents were able to see the profit margin of Contempo Marin, and found that it was above the profit margin of other mobilehome parks. He stated the tenants were being threatened with a hefty increase because of Capital Improvement. Mr. Persily stated the Contempo Marin Homeowners Association was requesting an amendment to the current Ordinance, noting the Ordinance permits a park owner an annual CPI increase, compounded annually. He stated the Association asks that the increase be downsized from the current Ordinance, as the park owner's Net Operating Income is way above the average. In addition, the residents were hit with an increase because of a so-called Capital Improvement; however, he noted many of the Ordinances in other cities require that 51% of the spaces in the park must agree with a Capital Improvement pass-through before the cost can be passed on to the residents. Last year, Council referred this matter to the City Attorney, instructing him to call a meeting between the park owner and the residents' representatives, to see if an agreement could be worked out. Assistant City Attorney Gus Guinan tried to get the parties to agree, but they were unable to reach an agreement. Therefore, the Association asks that this item be placed on the Agenda at a future date, and since the park owners will be giving notice of their customary increase before October 1st, they asked that this process be speeded up. Mayor Boro asked the City Attorney's office to review this issue and respond to Mr. Persily and the Homeowners Association. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Phillips seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Meeting/Special Approved as submitted. Public Hearing of Monday, February 9, 1998, and Special and Regular Meetings of Monday, June 15, 1998 (CC) 3. City Work Plan Review (CM) - File 237 Accepted report. 4. Monthly Investment Report (MS) - File 8-18 x 8-9 Accepted report. 5. Resolution Appropriating Unappropriated Revenue a. RESOLUTION NO. 10236 - and Amending 1997/98 Appropriation Limits and RESOLUTION APPROPRIATING Resolution Establishing 1998/99 Appropriation UNAPPROPRIATED REVENUE AND Limits (MS) - File 8-5 AMENDING 1997/98 APPROPRIATION LIMITS. b. RESOLUTION NO. 10237 - RESOLUTION ESTABLISHING 1998/99 APPROPRIATION LIMITS. 6. Resolution Amending Resolution No. 9894 Pertaining RESOLUTION NO. 10238 to the Compensation and Working Conditions for RESOLUTION AMENDING RESOLUTION Unrepresented Management and Mid -Management NO. 9894 PERTAINING TO THE Employees and Elected City Attorney and City COMPENSATION AND WORKING SRCC MINUTES (Regular) 7/6/98 Page 3 8 0 i0] 11. 12 13 SRCC MINUTES (Regular) 7/6/98 Page 4 Clerk (July 1, 1998 through June 30, 1999) (MS) - File 7-3 x 7-3-2 x 9-3-14 x 9-3-16 Resolution Approving Request for a Fee Waiver of Application Fees for a Use Permit for an Existing Housing Shelter Located at 190 Mill Street (CD) - File 10-2 x 10-5 Resolution Approving Below Market Rate (BMR) Agreement and Waiver of Parkland Dedication Fees for Three BMR Units for a 28 Lot Single - Family Residential Subdivision (Northview Subdivision) Located at the Terminus of Professional Center Parkway; APN 155-050-03 and 04; Masma Construction, Inc., Owner and Applicant (CD) - File 229 x 5-1-335 Resolution Authorizing Transmittal of the CONDITIONS FOR UNREPRESENTED MANAGEMENT AND MID - MANAGEMENT EMPLOYEES AND ELECTED CITY ATTORNEY AND CITY CLERK (JULY 1, 1998 THROUGH JUNE 30, 1999). RESOLUTION NO. 10239 RESOLUTION WAIVING PAYMENT OF FEES FOR THE USE PERMIT TIME EXTENSION APPLICATION (UP86-36E) FOR HOMEWARD BOUND OF MARIN FACILITY LOCATED AT 190 MILL STREET. RESOLUTION NO. 10240 RESOLUTION AUTHORIZING THE SIGNING OF A BELOW MARKET RATE HOUSING AGREEMENT BETWEEN MASMA CONSTRUCTION CO., INC., A CALIFORNIA CORPORATION AND THE CITY OF SAN RAFAEL AND GRANTING A WAIVER OF PARKLAND DEDICATION FEES FOR THREE BELOW MARKET RATE UNITS RE: NORTHVIEW, A 28 UNIT RESIDENTIAL DEVELOPMENT. RESOLUTION NO. 10241 Environmental Documentation Prepared for the RESOLUTION AUTHORIZING Second Amended and Restated Redevelopment Plan TRANSMITTAL OF THE for the Central San Rafael Redevelopment ENVIRONMENTAL DOCUMENTATION Project (RA) PREPARED FOR THE SECOND - File 140 x (SRRA) R-140 XVII AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT. Report and Approval of Loan Advance of Up To Approved staff recommendation. $50,000 for Millennium Party (RA) - File 8-5 x 104 x (SRRA) R-140 #8 Approval of Street Closures of Belvedere, Alto, Approved staff recommendation. and Larkspur Streets for Fifth Annual Canal Community Festival on Sunday, July 19, 1998 (RA) - File 11-19 x 104 Resolution Authorizing Approval of Final Map Entitled "Map of Baypoint Lagoons Unit 3B" (PW) - File 5-1-292 14. Approval of State Department of Education Child RESOLUTION NO. 10242 RESOLUTION APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MAP OF BAYPOINT LAGOONS UNIT 3B" (IS A PART OF A SUBDIVISION FORMERLY KNOWN AS SPINNAKER -ON -THE -BAY). RESOLUTION NO. 10243 SRCC MINUTES (Regular) 7/6/98 Page 4 SRCC MINUTES (Regular) 7/6/98 Page 5 Care Contracts GPRE-8123 for $64,035 (State Preschool RESOLUTION Renewal) and GLTK-8048 for $84,878 (Rec) - File 4-10-238 AUTHORIZING (Latchkey Renewal) EXECUTION OF STATE DEPARTMENT OF EDUCATION CHILD CARE CONTRACTS GPRE-8123 FOR $64,035 (STATE PRESCHOOL RENEWAL) AND GLTK-8048 FOR $84,878 (LATCHKEY RENEWAL). 15. Resolution of Appreciation to Stuart Lum, Re: Books for Kids Project (Lib) - File 102 x 9-3-61 RESOLUTION NO. 10244 RESOLUTION OF APPRECIATION TO STUART LUM, RE: BOOKS FOR KIDS PROJECT. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Agenda for further discussion: 7. RESOLUTION APPROVING FIVE-YEAR FINANCIAL FORECAST (MS) - File 8-9 Councilmember Phillips stated Management Services Director Ken Nordhoff and his staff, in conjunction with City Manager Rod Gould, had done an outstanding job, noting the Council should be very appreciative of the tremendous work they have done. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution approving the five-year financial forecast. RESOLUTION NO. 10245 - RESOLUTION APPROVING FIVE-YEAR FINANCIAL FORECAST. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS None SPECIAL PRESENTATIONS: 16. PRESENTATION OF RESOLUTION OF APPRECIATION TO STUART LUM, RE: BOOKS FOR KIDS PROJECT (Lib) - File 102 x 9-3-61 Mayor Boro reported that over the past several months, Mr. Lum had spearheaded an effort with the San Rafael Rotary Club, and four other clubs in Marin County, to bring books to kids in schools. He reported they raised over $8,500 in cash, and distributed over 12,000 books to kids in the San Rafael School District. Mayor Boro stated he had been invited to participate in the distribution, and had the opportunity to see the faces of the kids as they received the books, noting it was something to behold. On behalf of the City, Mayor Boro presented Mr. Lum with the Resolution of Appreciation, thanking him for spearheading this effort, and stating he is a great citizen. Stuart Lum, resident of San Rafael, thanked Council for recognizing him, and the project itself, which he reported was very successful. He stated, as could be seen by what had been accomplished, this had not been a one- person effort, pointing out there were almost 90 people volunteering and participating in this project. Mr. Lum thanked the City of San Rafael, noting there had been tremendous cooperation from the City departments. He reported Fire Chief Marcucci had been one of the first to get onboard, offering the use of the Fire Stations as collection points. In addition, they worked very closely with the San Rafael Library, who assisted in selecting the appropriate books from among all the donations they received. Collection barrels were also placed in each of the Recreation Centers. Mr. Lum stated this had been a very good project, and as Mayor Boro noted, all of them got their rewards when they handed out the books to the children, because they were incredibly amazed to be getting these books, and could actually take them home. Mr. Lum believed they had been successful because so many people donated the books; therefore, much of the thanks must go to the people of San Rafael. He reported that they collected over 12,000 books, and most of the books went to the children, noting they were also able to give approximately 400 books to the Canal SRCC MINUTES (Regular) 7/6/98 Page 5 SRCC MINUTES (Regular) 7/6/98 Page 6 Learning Center, many books were given to Catholic Charities, and many will be going to the Book Exchange. He noted there was a great commitment to the schools of San Rafael, and stated they would continue that commitment. 17. PRESENTATION OF THE 1998 ANNUAL AMERICAN PLANNING AWARD TO THE CITY OF SAN RAFAEL FOR AFFORDABLE HOUSING PROGRAM (CD) - File 102 x 229 x 9-3-85 Community Development Director Bob Brown stated the Community Development Department was very proud to present an award to the Council from the Northern California Chapter of the American Planning Association for the City's Affordable Housing Program. Mr. Brown reported Councilmember Heller had joined them at an awards dinner two weeks ago, where the judges indicated they were particularly impressed with the City's approach to providing affordable housing, using both the regulatory approach, and also the "carrot" of giving density incentives to projects. Mr. Brown pointed out that program has been so successful that we have produced over 700 Below Market Rate units throughout the program's history, with almost 200 in just the past three years alone, noting that was truly an accomplishment. Mr. Brown reported the City had now won its sixth APA (American Planning Association) Award in the past nine years, which certainly suggests we are on the leading edge of planning efforts. I*Z40 04]91110y01191ZW93�Z1*70:4�00019Y43W5 a. COMMUNITY DEVELOPMENT DEPARTMENT - File 9-3-85 Community Development Director Brown introduced Alicia Guidice, Planning Technician, who has been with the Department since January of this year, coming to San Rafael from the City of Davis. Mr. Brown reported Ms. Guidice was the Department's first line of service at the counter, noting an additional benefit is the fact that she is bilingual. Introducing Senior Planner Dean Parsons, Mr. Brown reported Mr. Parsons had been with the City since February, coming to San Rafael from the City of Danville, where he was a Planner for eight years. He noted Mr. Parsons is the liaison to the Design Review Board. Mr. Brown introduced Kraig Tambornini, Associate Planner, noting Mr. Tambornini had a great deal of experience working for the City of Orinda on very challenging and contentious Hillside Development issues, and would be an excellent addition to the City's staff. Mr. Brown stated the energy and talent of these three employees would serve the City quite well. b. POLICE DEPARTMENT - File 9-3-30 Police Chief Cam Sanchez reported the Police Department was now fully staffed, with the addition of these five Police Officers and one Parking Enforcement Officer. Chief Sanchez introduced Police Officer Jeffrey Connor, a recent graduate of the Police Academy, currently taking part in the Field Training Program. Chief Sanchez stated Officer Connor had done very well in the Police Academy. Chief Sanchez introduced Police Officer Jaime Correa, who was raised in San Rafael, attended San Rafael elementary and high schools, and worked at a bank in San Rafael prior to becoming a Police Officer. Chief Sanchez stated Officer Correa had been with the Department for the past seven months, and was doing a great job. Chief Sanchez introduced Parking Enforcement Officer Michael Jacobs, noting he had a lot of Police experience, having retired as a Sergeant from a Police Department in Florida before coming to California. Chief Sanchez stated Officer Jacobs was a great asset to the Department, noting the younger Police Officers on the Department appreciate him and his experience. Chief Sanchez introduced Police Officer Fernando Jaramillo, another recent graduate of the Police Academy, reporting Officer Jaramillo was the number one graduate in his class. Chief Sanchez noted Officer Jaramillo is another bilingual Officer, and he also flies airplanes. Chief Sanchez introduced Police Officer Kenneth Konopa, who has been with the Department for the past three months, having previously SRCC MINUTES (Regular) 7/6/98 Page 6 SRCC MINUTES (Regular) 7/6/98 Page 7 worked in the restaurant business. Chief Sanchez introduced Police Officer Sean Monahan, another outstanding student and recent graduate of the Police Academy, who has been with the Department for a couple of months. Chief Sanchez stated that as of today, the Police Department was at full strength, noting these recent sworn and non -sworn Officers were all doing a great job, having a good time, and their families were very supportive. He stated they also recognized the Council's support. Mayor Boro officially welcomed these newest employees of the Community Development Department and the Police Department to the City of San Rafael, noting he hoped they would all have a long tenure with our City. PUBLIC HEARINGS: 19. PUBLIC HEARING - TO CONSIDER PRIORITY PROJECTS PROCEDURE APPLICATIONS FOR THE NORTH SAN RAFAEL AREA (VISTA MARIN AND LOOK -OUT MOUNTAIN RESIDENTIAL) (CD) - File 115 (PPP) Mayor Boro declared the public hearing opened, and asked for the staff report. Planning Manager Sheila Delimont stated San Rafael's General Plan establishes specific Level of Service standards for intersections, and identifies the need to coordinate the timing of land development with the timing of transportation improvements in traffic impacted areas, noting that since 1988, this has been done through the City's Priority Projects Procedures (PPP). She explained development projects compete in these areas for available traffic capacity, with the priority being given to projects with a high percentage, or 15%, of affordable housing units; high Sales Tax generating uses; and needed neighborhood serving uses. Ms. Delimont reported on April 6, 1998 Council initiated this year's PPP procedure, noting two applications have been received in North San Rafael, and six in East San Rafael. She stated East San Rafael projects would be reviewed by the Planning Commission on July 22nd, and would be coming before Council in early August. She reported the two projects in North San Rafael were the Vista Marin project, a 49 unit residential development on the former Scettrini property north of Civic Center Drive, which Council has seen before; and the Lookout Mountain project, which is a new project, a 13 residential unit development on a 6.5 acre vacant hillside parcel at the top of Channing Way. Ms. Delimont stated both projects are proposing a 15% BMR component to help them compete in this procedure. Ms. Delimont stated a City committee had evaluated the projects based on the PPP criteria, General Plan consistency, traffic impacts, environmental status, and construction timing. She reported the Vista Marin project was rated as "Excellent", because the project meets the criteria, it has all of its approvals, and has a certified Negative Declaration. She reported the Lookout Mountain project was given a "Poor" ranking, based on a likely lengthy review period and public hearing process. She stated the committee recommended that this particular project was premature, noting they had not officially submitted their applications for processing, as yet. Ms. Delimont explained PPP applications were valid for one year, noting it would be possible for this applicant to re -apply next year. Ms. Delimont stated the Planning Commission has recommended approval of the Vista Marin project, and denial without prejudice of the Lookout Mountain project. She reported two exemptions from the PPP process have also been granted, based on the fact they did not create critical moves; one for the membership expansion at the Club One Fitness Center, located at Autodesk, and the other for a proposed conversion of an enclosed parking area at the former Commerce Clearinghouse office building. She stated Traffic Engineer Nader Mansourian had analyzed the impacts of these projects on the Freitas Interchange, and with the baseline projects, which include the Northview Residential Project, which is an approved project now under construction, Civic Center North office building, which is nearing completion, and 90 historic trips on the Fairchild site, plus PPP projects, the intersection will still operate at a Level of Service D or better. However, that intersection is becoming "marginal", noting they are finding, based on the Merrydale Overcrossing being completed, that there is some diversion of SRCC MINUTES (Regular) 7/6/98 Page 7 SRCC MINUTES (Regular) 7/6/98 Page 8 traffic that now comes up the east side of the freeway, and then cuts across Merrydale. Therefore, they are finding that projects on the east side tend to have more of an impact on the intersection than projects on the west side. Mayor Boro noted the staff report states Quail Hill is exempt, since they generate one or less critical moves through the Freitas Interchange; however, it also states they are converting the parking area to 25,000 square feet of administrative office space. He asked how that would be less than one critical move? Assistant Public Works Director Matt Naclerio stated a critical move was different than the actual trip generation from the project, explaining that, typically, a critical move was considered a left -turn, and because of the unique nature of the Freitas Interchange, it was not so much a left -turn as much as some of the left -turn maneuvers that may then go into another left turn. Mr. Naclerio noted that when the Traffic Engineer reviewed these projects, he not only looked at the number of trips the projects generated, but also how these trips were distributed onto the Freitas Interchange, making the determination that there was one or less critical moves. Councilmember Heller asked if Planning Commissioner Kirchmann had dissented on this issue because he had wanted to approve both projects? Ms. Delimont reported that was correct. Councilmember Cohen noted that with the new traffic model they talk about delay, as opposed to trip counts, and asked if, at some point, they were going to have to modify the way they looked at the PPP, and whether it would change the way they evaluate the projects? Noting the unique configuration of the Freitas Interchange, he also asked if counting left - turns or critical moves was the only thing they should be looking at, pointing out a project might come that creates no left -turns, but brings lots of cars off the freeway, which impacts all the other left -turns while not actually creating any. He stated one could argue that this did not, in itself, create any critical moves, but if we are measuring delay on the other legs of the intersection, we could have a major impact. He asked if we were going to need to revisit the whole process to be able to address that change in the traffic modeling? Mr. Naclerio stated that when they discussed improvements to the Freitas Interchange, and what the interim improvement was going to be, there had been discussion among staff that this would change the PPP process. He believed that as they work toward that interim solution for the Freitas Interchange, the Public Works Department will be working with the Community Development Department to see what revisions, if any, the PPP process would need. Community Development Director Bob Brown noted this was going to be one of the key issues in the General Plan update. Ms. Delimont stated the Traffic Engineer was looking at intersection delay as part of the analysis, and referred to a memorandum in which he reports the delay, calculated with baseline, is currently 25.8 seconds, and with baseline plus the PPP projects it will be 28.6 seconds. Councilmember Phillips stated that after speaking with Planning Commissioner Jim Atchison to determine how the Planning Commission had reached its conclusions, and why Commissioner Kirchmann had dissented, Mr. Phillips stated he was comfortable that their decision had been appropriate, and indicated he would support that decision. Mayor Boro invited public comment. Lee Oberkamper, Oberkamper & Associates Civil Engineers, addressed the issue of the Lookout Mountain Project, stating the rating of "Poor" in the staff report had come as a surprise. Mr. Oberkamper stated there were two areas of concern, one was the actual denial, and the other was a project being rated as "Poor", particularly if the owner of a project is trying to arrange financing for it, and having this on the record is not particularly helpful. Referring to the Resolution establishing the PPP criteria, which Council adopted in April, Mr. Oberkamper noted it provides, in part, that prior to, contemporaneously with, or after securing necessary Planning permits and applications, an applicant or authorized representative shall have filed an application for PPP. He stated that in discussing the matter with the Planning Department in preparing the application documents, he had understood that a PPP application was necessary; therefore, the application was prepared and submitted, and the filing fee of $2,000 was paid, as well as the cost of preparation of the application. Mr. Oberkamper stated the second item he would like to point out from the Resolution is that the application for Priority Project determination is separate and distinct from a Planning permit application, and pertains only to City Council determination as to whether a proposed project is consistent with General Plan Policies C-3 and SRCC MINUTES (Regular) 7/6/98 Page 8 SRCC MINUTES (Regular) 7/6/98 Page 9 C-7. He explained one of those policies relates to the creation of the PPP process, and the other relates to the timing of the creation of the facilities to serve the projects in question. He reported that in this instance, the facilities to serve both projects were existing, and were in place, so there was no time schedule involved in the creation of those facilities. Mr. Oberkamper noted that staff, in preparing the documents, had taken the position that because of the timeline involved in the approval of the process, and the preparation of the environmental documents, it was likely a year was going to pass before the project was approved, so there was no point in passing or providing the PPP allocation at this point. He pointed out this left the applicant without that option, and the possibility of having a project approved in a time period, assuming they could do a really great job and get a mitigated Negative Declaration and receive approval prior to one year, then the project will be held up, as the other project being considered tonight has been held up, as far as start-up construction is concerned, during an important part of the construction season. Mr. Oberkamper stated they would like the option of being able to proceed, and at least attempt to get the Planning approvals prior to that one year. He reported the Resolution also provides that if the application has been made, and approvals have not been obtained prior to the one year, then a time extension can be applied for, and the project under the time extension will be considered on the same basis as projects newly applying at that time. Therefore, he noted it seemed there was no real down side to the City approving both of these PPP projects this evening, and allowing them at least the opportunity of proceeding, with hopes of getting the approvals prior to the one year. Mr. Oberkamper stated his only other comment referred to the way Attachment "C", "Assessment of Applications", had been put together, noting it had the appearance that perhaps the project had been pre -judged, talking about the poor environmental rating, and a list of General Plan consistency items well beyond C-3 and C-7. He stated, ideally, he would like to have the approval, but if Council felt that was not possible, they would like to have the matter continued and considered at the time the merits of the project are considered. If that is not possible, they would like to ask that Council commit to scheduling a PPP process so it can be handled at the same time that the merits are considered, noting that would keep them from being delayed in case they are able to do the kind of job they hope they are able to do. Paul Sosnowski, owner of the project on Look -out Mountain, stated this project was a little different, in that he was the person who has fronted the capital to get where they are. He stated they have all the architectural drawings, and have done the traffic studies and the basic environmental impact reports, noting they have selected the site where it will not have an impact, environmentally. Mr. Sosnowski stated they did a lot of work prior to submittal, noting they have not yet submitted. He reported he owns apartment buildings in the Canal, where he believes he has a good reputation for upgrading the apartments, and providing a nice place to live at an affordable rate, and as a business man, he wanted the Council to understand that, in some cases, he has to balance his cash flow. He noted he was involved in 1120 Mission Avenue, pointing out, as Council was likely aware, there had been many problems with that project, and he expected to lose substantial money there. He noted he was now coming before Council, stating that while they may not be following the rules 100%, he believed there had to be some give and take, and some common sense. He stated he was asking for a little flexibility, and to be allowed to turn in his paperwork, noting the Planning Department does a tremendous job. He asked Council to keep in mind the balance of profits, noting that for a businessman who invests in the community, it has to come back, and he has to be the best judge of how to do that. Mr. Sosnowski noted he has dumped a tremendous amount of money to upgrade property, citing the property at 240 Canal Street, which had been the site of arson, and had been condemned. He noted the Police Department has told him that since he took over the property they have received very few calls. Mr. Sosnowski stated he had a very smooth running operation in the Canal, and he intended to buy more apartments in the Canal area, and upgrade as much as he possibly could; however, he had to balance that with other projects, because the Canal is a loss to him. Therefore, he was asking Council's indulgence in this matter, that he be able to look at Look -Out Mountain effectively, and be allowed the opportunity before it is prejudged. He stated he had done a lot of the work and spent the money already, and now he would like to be able to have the opportunity to submit his drawings, submit his plans, and allow the Planning Department to take its time and make its reviews. He acknowledged it could take a year, it could even take five years, but he did not believe that would be the case, noting he had hired some good people who know what they are doing, and planned this to be an asset to the community and put up a nice project. He stated they would SRCC MINUTES (Regular) 7/6/98 Page 9 SRCC MINUTES (Regular) 7/6/98 Page 10 only be putting in 13 units on 6.7 acres, noting they have also stated they would give 1.5 affordable housing units. There being no further public discussion, Mayor Boro closed the public hearing. SRCC MINUTES (Regular) 7/6/98 Page 10 SRCC MINUTES (Regular) 7/6/98 Page 11 Mayor Boro asked if he was correct about the process, that once each year Council does a PPP? Ms. Delimont stated that was typically what has been done, although Council can authorize it to be done more often. She noted that previously we have not had traffic capacity in East San Rafael, nor have we had pending applications, and have not opened it up as often. She stated staff did anticipate that we would be running this again next spring, because we will be doing the one-way loop in East San Rafael, and that will trigger the need for another PPP process. She noted a lot of work goes into a PPP process, and she would rather wait until next year and do them together, although there is nothing that precludes Council from doing them more often, and if there were projects that needed the PPP determination to proceed, Council could authorize staff to begin it earlier. Mayor Boro noted it had been some time since PPP had been before the Council, and clarified that what Mr. Sosnowski was asking was that Council grant an entitlement before there is an approval, pointing out we did not even have a submittal. Mayor Boro stated, to his recollection, that has not been the approach the City has taken in the past, noting we always had to have something to judge, and something that was about ready to go, or at least start through the process. Ms. Delimont stated that has generally been what Council has done; however, they have not done this 100% of the time. She noted Home Depot, for example, was told to come back after they had the EIR underway. She stated the concern in this case is that we are looking at a project that is going to need an exception to the City's Ridgeline Policy. She reported they are proposing a development on the ridgeline, and they have to develop at the lowest density in order to do that. However, the City would have to make findings that this would be, environmentally, a superior project than developing anywhere else on the site; therefore, there would have to be a lengthy alternative analysis. For comparison, she stated the Vista Marin project actually went fairly smoothly, noting it took a year from the date they submitted to get the approvals, and the Academy Heights project, with the Negative Declaration, has been a couple of years in the making, noting that when there is an EIR, we are generally looking at a good two- to three-year process. She pointed out that in Mr. Sosnowski's case. they are just beginning the process, and it is fairly lengthy, noting there is fairly limited capacity at this particular intersection. She pointed out the Fairchild site needs to develop, and a year from now there could be other projects competing in North San Rafael, as well. Councilmember Phillips referred to the concern that there might be other possible development projects, specifically Fairchild in Northgate, which perhaps this should be weighed against, noting he agreed this project was premature in the process. He stated he would like to have the Fairchild site considered, and would not want this particular project to "ace it out", nor any further development at Northgate, and if that was a possibility, then in fairness to those projects which are, technically, just as far along, he felt Council should follow the Planning Commission's recommendation. Ms. Delimont explained that if the PPP was granted it would lock up those trips for the year. Councilmember Cohen stated, in terms of that issue, it had been his understanding all along that Council would not approve projects that did not have a realistic chance of getting underway within the one-year time period, and specifically what we wanted to avoid was having people come in with projects that really were not ready to go, and locking up the traffic allocations. Mr. Cohen stated that was not necessarily what was happening in this instance, but pointed out there was a reason behind that policy. He noted he understood Mr. Sosnowski's comments regarding his needs, in terms of the ability to run his business; however, he pointed out the Council had to run the business of the City of San Rafael, and the Councilmembers were a bit constrained by needing to have consistent policies and sticking with them. Mr. Cohen stated, based on the staff discussion, and solely based on staff's description, he was fairly convinced it was likely to take a year for this project to really be ready to move forward. He believed Council would be able to accommodate, noting that in the past, when a project was ready to go, and the only thing they needed was a Priority Project determination, the City has shown a willingness to work on that end of the process, and he believed the same would apply in this case. He stated it did sound as though it was going to be an involved Environmental Review. Responding to Mr. Oberkamper's remarks, Mr. Cohen stated it had taken him awhile, but in going back and looking over the staff report, he found there was an attachment; however, he noted the only thing Council was voting on was the Resolution now before them, and the Resolution does not refer to the finding of a "Poor" rating, it only states that this application is denied without prejudice, which means it can be brought back, with no "black mark" or setback for not having been approved this time. Mr. Cohen SRCC MINUTES (Regular) 7/6/98 Page 11 SRCC MINUTES (Regular) 7/6/98 Page 12 stated he wanted the record to be clear that the action they were taking was not, in any way, pre -judging the process, either in terms of any Environmental Review or the project on its merits, it was merely whether or not it is appropriate at this time. Mr. Cohen stated he was convinced Council should follow the recommendations of the majority of the Planning Commission, and deny it without prejudice. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution recommending the determination as outlined in the staff report. RESOLUTION NO. 10246 - RESOLUTION RECOMMENDING 1998 PRIORITY PROJECTS DETERMINATION FOR DEVELOPMENT IMPACTING THE FREITAS PARKWAY/HIGHWAY 101 INTERCHANGE (NORTH SAN RAFAEL) (CITY FILE NOS. P-98-6, PPP98-1 AND PPP98-10). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. PUBLIC HEARING - REQUEST BY MARIN SANITARY SERVICE FOR A RATE INCREASE FOR REFUSE COLLECTION AND RECYCLING SERVICES, AND ADOPTION OF RESOLUTION AMENDING AGREEMENT SETTING RATES (MS) - File 4-3-32 Mayor Boro declared the public hearing opened, and asked for the staff report. Assistant City Manager Ken Nordhoff reported this was a process begun by the City four years ago, working with five other jurisdictions who also franchise with Marin Sanitary Service for their refuse and recycling services, stating staff was asking for rate increases for fiscal year 1998/99. He noted that at the Budget Session of June 23rd, staff presented an audit which was conducted of Marin Sanitary Service's operations last year, and recommended a 2.08% increase, and also provided three additional service options, one of which was a general debris clean-up that would be staged over a period of three Saturdays during the coming year, and another was that Marin Sanitary would assume the service of dumping the Park trash receptacles into the large debris bins. In addition, an option was also presented for Marin Sanitary to recover the cost of the materials the City dumps there, particularly during the storm season. Mr. Nordhoff reported Council directed staff to incorporate the first two items into the rate structure, but not to include the latter item regarding the dumping, rather instructing staff to hold that for future consideration. Mr. Nordhoff reported staff had taken those first two actions, the general debris clean-up and the Park pick-up service, included them in the rate structure, and worked that out with Marin Sanitary Service, noting it translated to an overall increase of 4.66%, including the City's Franchise Fee. Based upon figures looked at during the earlier Study Session, this would require a $.70 per month increase in the 32 gallon can service, on a flat, residential area. He reported they had applied the rate increase uniformly across the various rate structures, and rounded them to the nearest nickel, which he noted was consistent with past practices. Mayor Boro referred to the memorandum from Public Works Director David Bernardi, in which he shows Park Maintenance Service, including mowing, tree planting, and Median Maintenance Service, and asked if the report was stating that all of these activities would come about with this adjustment to the rates? Assistant Public Works Director Matt Naclerio stated this was definitely what they were aiming for, and he believed we would be able to do most of these things, if not all of them. He stated the key was that this would free the City's employees to do things in a more timely manner, which in turn frees us up later on in the season. Mayor Boro stated he would stress that staff look at the third item, Median Maintenance, as the highest priority, and then work the others in, noting that was something our community was very sensitive to. Mayor Boro referred to the idea of community -wide pick up, which he really supports, noting the cost for that was very nominal as far as the monthly rate. He noted his concern was that the City can only adjust the rates for "south of the hill", and, therefore, there would be a community pick up south of the hill, but not north of the hill, and he believed that even though the City would talk about this, publicizing it and explaining why, people would still have a difficult time understanding it. He stated the City had made preliminary inquiries with the Las Gallinas Valley Sanitary District; however, their General Manager is out of the Country, and Mayor Boro did not believe they had adjusted or adopted a rate increase as yet, SRCC MINUTES (Regular) 7/6/98 Page 12 SRCC MINUTES (Regular) 7/6/98 Page 13 although they may have, noting this was something we were not sure of. Mayor Boro stated his concern was that by doing this in one part of town, especially something so visible, it could be very divisive, regardless of who has the jurisdiction over the Franchise Fee. Mayor Boro noted City Manager Gould had suggested that if Council were to adopt this, the City would not implement it until next Spring, the latter half of the fiscal year, with the idea in mind that he and Councilmember Phillips, who have been appointed to a subcommittee, will have had the opportunity to talk with members of the Las Gallinas Sanitary District, and urge them to consider this, if not this year, then in the next year. He noted that if they do not do it this year because it is too late, but they do it the following year, then at least we will have the same services on both sides of the hill. City Manager Gould stated it was his understanding, after having spoken with staff at Las Gallinas Sanitary District, that the District Board took action to enact new rates on June 11th; however, he had recently met a new member of their Board of Directors who was very intrigued with these additional service options, and very much encouraged him to return and make this proposal to their full Board. Mr. Gould stated this gentleman indicated he and one other person represented two new members on the Board, and he believed it would be very timely to have the discussion Mayor Boro has indicated. There being no public comment, Mayor Boro closed the public hearing. Councilmember Phillips moved and Councilmember Cohen seconded, to accept the rate recommendation, and adopt the Resolution establishing rates and services for fiscal year 1998/99. RESOLUTION NO. 10247 - RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN SANITARY SERVICE TO SET MAXIMUM RATES AND FEES FOR REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES (31st AMENDMENT TO AGREEMENT), AND TO PROVIDE ADDITIONAL REFUSE AND RECYCLING COLLECTION AND DISPOSAL SERVICES. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21. PUBLIC HEARING - TO CONSIDER AN INCREASE IN THE VOTER APPROVED PARAMEDIC SERVICE SPECIAL TAX AND ADOPTION OF AN ORDINANCE ESTABLISHING TAX RATE FOR FISCAL YEAR 1998/99 FOR NON-RESIDENTIAL PROPERTIES - File 9-3-31 Assistant City Manager Ken Nordhoff reported in 1979, the citizens of San Rafael approved a special tax, expressly for the purpose of implementing Paramedic service, noting the tax was approved by in excess of a 2/3rds vote. It was further amended in 1988 to include what are considered Non - Residential properties, which we would typically perceive as Commercial or Industrial properties. He reported that tax was set at a rate of $.01 per square foot, with a $.05 cap. Mr. Nordhoff reported, as established in the original Ordinance, staff is required to come before Council any time the cost of service changes and, therefore, requires a corresponding adjustment in the Paramedic Tax Rate. He stated staff needs Council's authorization to set that tax rate, so the City can work with the County Auditor/Controller to make certain it is levied properly each year. Mr. Nordhoff explained the Ordinance also requires that a budget be prepared and presented to Council each year, which had been done through the budget hearing process, noting he had identified the full cost of running the Paramedic program, and pointing out there was a General Fund subsidy in excess of $400,000. He reported staff had looked at some options that had been given to Council in terms of closing that gap, and one of them was to increase the Non -Residential portion of the tax, which is currently $.0357 per square foot, up to the $.05 cap. He stated they also looked at Residential service, explaining the cost for service in a residential area would be $44.00. He reported the City had a meeting with the other three jurisdictions the City provides services to, in Marinwood, CSA 13, and CSA 19, informing them we intended to levy the $44.00 in those jurisdictions, and they concurred. However, he reported the City was somewhat constrained, explaining that because of the way the Ordinance was structured and first adopted in 1979, we have no provision under Proposition 218, and the subsequent bill to clean that up, SB919, to increase the Residential portion of the tax without voter approval. Therefore, San Rafael will be working with the other jurisdictions to go back out in November, putting ballot language together that will allow us SRCC MINUTES (Regular) 7/6/98 Page 13 SRCC MINUTES (Regular) 7/6/98 Page 14 to increase the tax. Mr. Nordhoff stated at this time staff was recommending Council set the Non -Residential rate at $.05 per square foot, and the City will continue to levy the Residential rate at $40.00 per Residential Unit, noting that rate has remained the same for three years. Councilmember Heller stated she was disturbed that we would be subsidizing this program, noting it looked as though it was just going to continue to grow, from $417,000 upward. She asked, if the City goes to the other three entities, and they put this on the ballot, would that also include the citizens of San Rafael, and would we also be included in this ballot measure, under Proposition 218, asking our citizens on both sides of the hill whether they would pay more money for this service? Mr. Nordhoff stated that was correct, noting the City's intention, which has been the practice of the other jurisdictions, is to set a cap, and he estimated that cap now would be approximately $53.00, looking to the outer four years of where we might need to set the tax rate in order to recover our costs. He pointed out this would be studied on an annual basis, looking at the City's actual collection of tax, our third -party billing, and cost of service, and staff would come back before Council to set both the Residential and Non -Residential rates. Ms. Heller asked which area was designated CSA 13? Mr. Nordhoff reported that was the Upper Lucas Valley area. Mayor Boro declared the public hearing opened, and invited public comment. There being no public comment, Mayor Boro closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING ORDINANCE 1699 (PARAMEDIC SERVICE SPECIAL TAX) AND SETTING THE PARAMEDIC TAX RATE, COMMENCING WITH FISCAL YEAR 1998/99 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES" ($40.00 for residential and $.05 per square foot for non-residential properties). Councilmember Heller moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety, and refer to it by title only, and pass Charter Ordinance No. 1727 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS: Mayor Boro announced Council would be take Agenda Item #23 ahead of Item #22. 23. REQUEST FOR MAYOR TO SEND LETTER TO THE LAS GALLINAS VALLEY SANITARY DISTRICT BOARD REQUESTING THAT ACTION CONDEMNING SILVEIRA RANCH PROPERTY BE POSTPONED PENDING COMPLETION OF THE CITY/COUNTY PLANNING FOR THE ST. VINCENT'S SILVEIRA AREA (CD) - File 189 x 9-2-45 Community Development Director Bob Brown reported that at the last Council meeting, when Council approved the joint MOU for the joint planning of the St.Vincent's/ Silveira property, Attorney Douglas Maloney, representing the Silveira family, urged both the County and the City to request that the Las Gallinas Valley Sanitary District not proceed with condemnation procedures affecting 87 acres of the Silveira ranch, hoping that the planning process would yield a result that would negate the need for a condemnation action. Mr. Brown reported the County Board of Supervisors had approved such a letter to the Sanitary District, and a similar letter was being presented to Council for approval. Councilmember Miller moved and Councilmember Cohen seconded, to authorize the Mayor to sign a letter to the Las Gallinas Valley Sanitary District requesting action condemning Silveira Ranch property be postponed, pending completion of the City/County planning for the St. Vincent's/Silveira area. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro announced there would be a short recess. SRCC MINUTES (Regular) 7/6/98 Page 14 SRCC MINUTES (Regular) 7/6/98 Page 15 Mayor Boro reconvened the Council meeting. 22. RESOLUTION APPROVING 1998/99 BUDGET (MS) - File 8-5 Assistant City Manager Ken Nordhoff stated this was the final action required to approve the budget for fiscal year 1998/99. He noted there had been several public processes to reach this point, most recently the hearings on the 23rd and 29th of June, regarding department goals and objectives. Mr. Nordhoff reported that at the last hearing there were several remaining items that had been presented as new service options, or one-time projects, and after Council provided direction on those items, they were incorporated into the final figures. Mr. Nordhoff stated the budget this year was just over $47 million, a decline of approximately $2 million from the previous year. He noted that was specifically related to a decline in Capital Projects, noting we had a number of one-time Public Works type projects in fiscal year 1997/98 which, once they were completed, have fallen off and given to the decline in the budget. Mr. Nordhoff highlighted a whole series of new services and projects he believed we would see accomplished during the next twelve months. First, in the area of Public Safety, he reported Council had authorized the approval of a Police Cadet Program, noting we would have three Cadets working in the Police Department; we hope to have a fourth Paramedic ambulance online the first of January, 1999; full-time funding has been provided for both the Fire and Police Departments; the Fire Department will be approving its business plan; Community Oriented Public Services will continue to take projects to new heights; and breathing apparatus has been funded for all of the Fire Department personnel. In Public Works, Council approved two new Street Maintenance workers, who will provide upwards of 4,000 hours to do maintenance on the City's infrastructure; we have a new, fully funded, Traffic Engineer, who will be very much needed as we look at the number of new projects in the pipeline; we are going to have a higher level of park and median maintenance, and general debris clean-up; sidewalk cleaning for the Downtown is being scheduled on a regular basis; a half-time position has been added to the Parks Division of Public Works to improve our patrolling of the parks, enhance the clean-up crews through volunteer efforts, and work through compliance issues with our Park Ordinance. Mr. Nordhoff stated there were a lot of Capital Projects, just under $1.4 million for streets and sidewalks, including a new sidewalk partnership program which is funded at $100,000; $600,000 for Storm Water projects; Park improvements scheduled at Boyd, Hoffman, and Freitas Parks; $80,000 set aside for ADA (Americans with Disabilities Act) facility and sidewalk needs; just short of $2.250 million for the East San Rafael Traffic fix, coming out of mitigation money; likewise, $1.6 million coming out of mitigation funds to complete the Second Street Widening as part of the Fair, Isaac project; completion of the Lucas Valley and Freitas signalization projects; and $217,000 scheduled for public facility repairs, including $35,000 for carpeting the upper two floors of City Hall, and $35,000 to remodel the City's Council Chamber. In the newly reorganized, yet untitled department, there is a new focus on Youth Services, and "out in the neighborhood" type programming. He reported the replacement of the Recreation Department software has been scheduled, and it is hoped this will result in a higher level of service; the Library will be opened on Sundays, between September and May. In Community Development, there is an additional $329,000 in funding for the General Plan update, which will include the components of the North San Rafael Vision, the Canal Voice, and the Economic Vision; the Department will be focused on the St. Vincent's/Silveira development, and they will be working on permit streamlining, and hope to implement permit and tracking software, for an automated process in Community Development. Mr. Nordhoff reported there were also several miscellaneous items. He noted Council had approved a Downtown parking study; funding for City Hall at the Mall; a new Customer Service Clerk in the Finance Division; funding of $30,000 for organizational development and staff training; and $61,500 to the City Manager as seed money for Capital Improvements, with the expectation that he will find an additional $100,000 to meet our program of trying to fund Capital Improvements on a longer term basis. Mr. Nordhoff stated the staff report also includes additional information regarding the reorganization of the Child Care and Recreation functions, noting he had attached a memorandum put together by Recreation Director SRCC MINUTES (Regular) 7/6/98 Page 15 SRCC MINUTES (Regular) 7/6/98 Page 16 Carlene McCart. Mr. Nordhoff stated that as he looked at the projections for the end of this year, he believed the fund that accounts for the current Recreation activities would be in the black approximately $75,000. He reported Ms. McCart had projected slightly over $80,000 of new revenue for next Spring and Summer, noting he had only incorporated approximately $60,000 of that to get us through next June. He stated that in looking at the surplus for this year, plus the new money, it would more than offset the cost for Phase I staffing levels, which she had proposed at $123,000. Therefore, he had incorporated those additional revenues and additional costs into the budget figures now before the Council. Mayor Boro asked Mr. Nordhoff to make available to Council the one-page list he had just read from in giving this report. In addition, Mayor Boro stated he believed this information, in a well put together article, would be great for the City's next quarterly newsletter. Mr. Nordhoff reported he and Assistant to the City Manager Lydia Romero were going to be working on a public information piece within the next day or so, which would encapsulate most of this same information. With regard to the reorganization of the Child Care and Recreation functions, Mayor Boro noted he endorsed what Mr. Nordhoff was proposing to do, but asked what would happen if it did not work out as far as the money, and what kind of fall -back would we have next budget year? He noted we would be adding additional people, and were expecting certain things to happen, but he wondered if we had thought about what would happen if it does not all come about, and we do not recover these costs. Ms. McCart reported that during Phase I, which was now being recommended, there would be seven full-time positions, which we already have, and the eighth, and possibly ninth positions would be filled toward the end of next year. Therefore, she stated they would wait until they had a true reading on how the revenues were coming in before going beyond the current staff level. Mayor Boro agreed we should evaluate this at mid -period, see how it looks, and proceed from that point. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution approving the City of San Rafael Budget for fiscal year 1998-99. RESOLUTION NO. 10248 - RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR JULY 1, 1998 - JUNE 30, 1999 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET (IN THE AMOUNT OF $47,627,348). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None City Manager Gould commended Assistant City Manager Ken Nordhoff for his tremendous work in pulling together all facets of this budget, and in working with Mr. Gould and the Department Directors to provide Council with a Budget which would serve San Rafael very well during the coming year. 24. CITY COUNCIL REPORTS: APPOINTMENTS TO THE COMMITTEE ON ST. VINCENT'S/SILVEIRA - File 9-2-45 (Verbal) Councilmember Cohen reported he, Mayor Boro, City Manager Gould, and Community Development Director Bob Brown had met with two of the Marin County Supervisors to discuss the proposed appointments to the Committee on St. Vincent's/Silveira, noting they had reached agreement on the appointments. Mr. Cohen stated County staff would be responsible for preparing the staff report, as this item will come before the Marin County Board of Supervisors first. He noted the report would be available Wednesday or Thursday, and copies would be delivered to each of the Councilmembers. Mr. Cohen stated he was very satisfied with the appointments, noting he believed the City of San Rafael would be very well represented. Mayor Boro reported the Board of Supervisors would take action on this item on Tuesday, July 14th, and the item would then come before the City Council on Monday, July 20th, for ratification. There being no further business, the meeting was adjourned at 9:55 PM. CLOSED SESSION: SRCC MINUTES (Regular) 7/6/98 Page 16 SRCC MINUTES (Regular) 7/6/98 Page 17 lb. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager There being no further business, the Closed Session meeting adjourned at 10:55 PM. OPEN SESSION: Mayor Boro announced no reportable action was taken. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1998 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/6/98 Page 17