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HomeMy WebLinkAboutCC Minutes 2001-06-04SRCC Minutes (Regular) 06/04/2001 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 4, 2001 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Cyr N. Miller, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary 0. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION — CONFERENCE ROOM 201: Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael U.S. District Court, Northern Dist. of CA, Case No. C003785VRW Mayor Boro announced the Closed Session would take place at the conclusion of the City Council Meeting. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:20 PM None. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as follows: SRCC Minutes (Regular) 06/04/2001 Page 1 ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting of Monday, Minutes approved as submitted. May 7, 2001 (CC) 2. Summary of Legislation Affecting San Rafael (CM) — Approved staff recommendation: File 116 x 9-1 SB 211 Redevelopment Indebtedness. Senator Tom Torlakson — SUPPORT. 3. Resolution Supporting the League of California RESOLUTION NO. 10839 — Cities' Grassroots Network (CM) — RESOLUTION SUPPORTING THE File 9-11-1 GRASSROOTS NETWORK PROPOSED BY THE BOARD OF DIRECTORS OF THE LEAGUE OF CALIFORNIA CITIES 4. Recommendation for Marin Transportation Approved the recommendation for Governance (CM) — File 170 x 190 creation of the Marin County Transportation Authority (MCTA), as suggested by the Governance Subcommittee of the Congestion Management Agency. 5. Monthly Investment Report for Month Ending April, Accepted Monthly Investment Report for 2001 (MS) — File 8-18 x 8-9 the month ending April, 2001, as presented. 6. Resolutions of Appreciation for North San Rafael RESOLUTION NO. 10840 — RESOLUTION Vision in Action Committee Members Ann Crew, OF APPRECIATION TO ANN CREW, Gabrielle Dembski, Mia Katz and Fred Pfeifer (CD) - MEMBER OF THE NORTH SAN RAFAEL File 102 x 9-2-52 VISION IN ACTION (VIA) COMMITTEE SRCC Minutes (Regular) 06/04/2001 Page 1 7. Resolution Accepting City of Larkspur as a Member of MARINet and a Signatory to the MARINet Joint Powers Agreement of July 8, 1997 (Lib) — File 4-13-100 x 9-3-61 SRCC Minutes (Regular) 06/04/2001 Page 2 RESOLUTION NO. 10841 — RESOLUTION OF APPRECIATION TO GABRIELLE DEMBSKI'MEMBER OF THE NORTH SAN RAFAEL VISION IN ACTION (VIA) COMMITTEE RESOLUTION NO. 10842 — RESOLUTION OF APPRECIATION TO MIA KATZ, MEMBER OF THE NORTH SAN RAFAEL VISION IN ACTION (VIA) COMMITTEE RESOLUTION NO. 10843 — RESOLUTION OF APPRECIATION TO FRED PFEIFER, MEMBER OF THE NORTH SAN RAFAEL VISION IN ACTION (VIA) COMMITTEE RESOLUTION NO. 10844 — RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT ADMITTING LARKSPUR PUBLIC LIBRARY TO MEMBERSHIP IN MARINet AS A SIGNATORY TO THE MARINet JOINT POWERS AGREEMENT 8. Response to Grand Jury Report on Profits from Accepted response and directed staff to Building Permit Fees (MS) — File 9-10-2 X 9-3-20 forward response to Marin County Grand Jury. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Heller (from item #1 only, due to absence from meeting.) SPECIAL PRESENTATIONS: 9. PRESENTATION OF RESOLUTIONS OF APPRECIATION FOR NORTH SAN RAFAEL VISION IN ACTION COMMITTEE MEMBERS ANN CREW, GABRIELLE DEMBSKI, MIA KATZ AND FRED PFEIFER (CD) — FILE 102 x 9-2-52 Community Development Director Bob Brown announced that inadvertently the recipients were not in attendance, and Mayor Boro stated the Resolutions could either be mailed or presented at a future meeting, if the recipients chose to attend. PUBLIC HEARING: 10. Public Hearing Re: CONSIDERATION OF APPEAL OF THE PLANNING COMMISSION'S DENIAL OF AN APPLICATION FOR A SIGN PERMIT FOR A MASTER SIGN PROGRAM FOR 1800FORINJURY LEGAL NETWORK AT 550 LAS GALLINAS AVENUE, APN 175-331-20; 0 DISTRICT; NEIL KUVARA, OWNER, CHUCK DRAYER AND PERRY D. LITCHFIELD, REPRESENTATIVES (CONTINUED FROM CITY COUNCIL MEETING OF MONDAY, MAY 21, 2001) - FILE 10-11 x 10-6 Bill Tuikka, Current Planning, stated the project is an appeal of a proposed sign program denied by the Planning Commission at their February 27, 2001 meeting. At that meeting, the Applicant requested approval for three signs to be mounted on the fascia of the office building at 550 Las Gallinas Avenue. The Planning Commission denied the request for the sign program, basing its decision on the Design Review Board's recommendation that the proposed signs were not in harmony with the building and were too large for the narrow fascia on the building. The Board had recommended that the signage was not appropriate on the narrow fascia area and moreover, recommended that more appropriate signage would include a monument sign facing Las Gallinas Avenue. Pursuant to the Planning Commission's denial of the application, the Applicant considered the Board's recommendation and returned to the Design Review Board on May 22, 2001, with a revised sign program. This program consisted of a monument sign on Las Gallinas Avenue and a SRCC Minutes (Regular) 06/04/2001 Page 2 SRCC Minutes (Regular) 06/04/2001 Page 3 wall mounted internally illuminated sign on the rear of the building. The Board recommended that the rear wall sign should be an externally illuminated sign and should contain individual letters, and that the monument sign should contain a band of color on the top, similar to the base color of the monument. Mr. Tuikka noted that the Exhibit contained in the meeting packets reflected the recommendations of the Design Review Board. Mr. Tuikka stated that staff believes the modified sign program is consistent with the findings required to approve sign programs and successfully responds to the Design Review Board's recommendation. He recommended the adoption of the Resolution denying the appeal and approving the revised sign program. Mr. Tuikka reported that the Applicant was present, together with the sign architect, and were in a position to answer questions. Mayor Boro declared the public hearing opened. Attorney, Perry Litchfield, on behalf of 18004INJURY Legal Network, stated the Principal of 180041NJURY, Neil Kuvara was present, together with Chuck Drayer, Signs of All Kinds, the manufacturer of the proposed signage, and Fred Divine, project architect, who was brought into the process to assist in obtaining an acceptable design concept. Mr. Litchfield stated that appearing before the City Council had been a long process and recognized the hard work and effort on all sides, in arriving at a compromise which would permit the signage, which Mr. Kuvara believes he is entitled to, and simultaneously, address the design issues and the sensitivity that some people have had to freeway signage as a whole. To put into perspective the importance of the signs for Mr. Kuvara, aside from the fact that he is entitled to them, Mr. Litchfield stated that 18004INJURY Legal Network is not only a national outfit, it is an international one, with representatives in Canada, the United States and numerous states in the Union. The headquarters for the operation is in San Rafael; the building was purchased by Mr. Kuvara in the name of his firm, with the idea of having the national headquarters in San Rafael. Mr Litchfield stated that because it is both a legal service and a marketing outfit, it is important that its presence be identified, similar to many other businesses located in San Rafael also desiring to advertise the location of their headquarters. Mr. Litchfield reported that this is a unique building, from a San Rafael standpoint, in the sense that it is one of the few buildings in San Rafael which has direct freeway frontage, and at the same time does not enjoy having presence immediately on a freeway frontage road. He stated that when driving through San Rafael, looking at East and West Francisco Boulevard, Redwood Highway and all along the freeway, generally the buildings facing the freeway have a frontage road where they can place signage, under the present sign ordinance. They are really directing attention toward the freeway, although the sign ordinance basically states, absent a sign program approval, signage is not permitted facing the freeway unless the business is on that frontage road. He noted, however, there are exceptions and distributed a packet containing pictures of buildings he had located in San Rafael not enjoying a frontage road; however, they do have freeway signage. Mr. Litchfield stated he had attempted to locate every building with a business not enjoying a frontage road and each one he found had signage, either through a sign program or, historically, it had been there for a number of years. He stated the first picture in the packet depicts Chili's, the property immediately south of the subject property and right next door. It has signs which face not only the frontage road, but the parking lot, together with a sign on the freeway. On page 4 there is a perspective of the subject property on the right hand side, viewing the picture, with the Chili's sign next to it which, again, is facing the freeway. The picture further down on page 4 also depicts the Chili's sign. Immediately to the north of the subject property is the Wells Fargo Bank, and once again, the bank not only has frontage on Las Gallinas, as far as signage is concerned, it also has another sign facing the parking lot. It does not have a freeway sign as the Wells Fargo Bank is completely blocked by landscaping and is not visible from the freeway. Further down to the south of the subject property and within one hundred yards, is Longs Drugstore, which enjoys a freeway sign, in addition to the sign which faces out toward Las Gallinas, as depicted on page 6. At the time the picture of the sign at the Four Points Sheraton was taken, the sign was a temporary one and has since been replaced by a permanent sign. It does not have any frontage but does have the sign pointing toward the freeway. Very analogous to the subject building, are those on page # 7 which the City Council approved as a result of a sign program in 1994. Managed Health SRCC Minutes (Regular) 06/04/2001 Page 3 SRCC Minutes (Regular) 06/04/2001 Page 4 Network is visible, along with Marin Technology Center. Both signs face the freeway; however, the Marin Technology Center does not have a frontage road along the freeway. Mr. Litchfield stated the issue as he sees it, is that the applicant is entitled to 94 square feet of signage, regardless of whether there is a sign program or not. It is a question of whether 94 square feet in the front facing Las Gallinas is the logical answer, or whether it would be more appropriate to do as was done in the past by the other businesses, and split the signage up, making smaller, more proportionate signs, distributed in the logical places. He stated that the compromise before Council this evening has been reduced from three signs to two, and comes under the 94 square feet requirement, which by right, the applicant is entitled to. Mr. Litchfield stated he hoped the City Council agreed with the Design Review Board and would accept the modification. If not, he requested reserving the right to address the items relative to the appeal, as he did not believe it was necessary to go into these at present and would prefer not to waste Council's time addressing legal issues unless it was necessary. He requested that the Mayor reserve time should it be necessary. Mayor Boro requested that the architect describe briefly the sign which would be erected on the back of the building facing the freeway. Fred Divine, Architect, stated he had only been involved with this part of the project for a couple of weeks. He carried out the TI (Tenant Improvements) for Mr. Kuvara when he purchased the building three years prior; however, there were no exterior improvements. Mr. Divine noted Mr. Kuvara had been working on the sign for those three years and he was brought into the project some weeks ago. He believed they were already on the correct track regarding the signage; however, it was reoriented slightly. Describing the sign, Mr. Divine reported that it is a monument sign, externally illuminated; however the colors are not exactly what was submitted. He stated that although it is a reddish color, it is not as bright a red, rather it is the color of the other adjacent signs. The Design Review Board had suggested that a stripe be picked up at the top tying it together better. The letters are individual and not illuminated, except for external illumination on the sign which the Design Review Board considered to be a good solution. The rear sign has been taken off the fascia, even though it was the historical place for it on this building, and brought down and centered in the back panel. Initially, it was proposed to have individually illuminated letters; however, the Design Review Board preferred, and the applicant agreed, to have individual letters externally illuminated. Lights in the soffit will fall on the individual letters. Mr. Divine stated the applicant was in the process of implementing these changes; he assisted with the focus to some extent and the Design Review Board supported this. He stated the monument sign is constructed of a stucco material and there is a plan to repaint the building, which is not a signage issue; however, at that time, the blue stripe will probably disappear. Mayor Boro inquired how the illumination would work. Mr. Divine stated there are lights in the soffit, which overhangs quite a bit. The letters are not illuminated, rather mounted on the building with lights shining on them. This, he stated, was the suggestion of the Design Review Board which the applicant accepted. The letters are red, consistent with the Chili's and Longs' signs. Mayor Boro inquired as to the color of the building. Mr. Divine stated it would be painted the beige color depicted in the picture. The plan is to use a toned down version of this color in place of the blue at the top, or otherwise replace the blue aluminum. The two dead trees in the front will also be removed. There being no comment from the audience, Mayor Boro closed the public hearing Councilmember Heller stated it would be a handsome building when it is repainted Councilmember Cohen moved and Councilmember Heller seconded, to approve the revised sign program and adopt the Resolution denying the appeal. RESOLUTION NO. 10845— RESOLUTION DENYING THE APPEAL AND APPROVING A MODIFIED SIGN PROGRAM FOR A PROFESSIONAL/OFFICE BUILDING LOCATED AT 550 LAS GALLINAS AVENUE (SR99- 24), APN 175-331-20 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 06/04/2001 Page 4 SRCC Minutes (Regular) 06/04/2001 Page 5 OLD BUSINESS: 11. DISCUSSION OF PRELIMINARY TWO-YEAR BUDGET FOR 2001/2003, INCLUDING DISCUSSION OF CAPITAL IMPROVEMENT PROGRAM AND PROPOSITION 12 PARK BOND ALLOCATION RECOMMENDATIONS (MS) — FILE 8-5 x 9-3-66 Assistant City Manager Nordhoff stated that at the Budget Hearing of May 30th, 2001 there had been a lot of discussion regarding Goals and Objectives and also a substantial amount of time was spent discussing a number of service and ongoing requests. The recommendations from this session had been folded into this evening's report. He referred Councilmembers to Exhibit 1 and stated all the ongoing service requests evaluated by Council had been included and an adjustment had been made to move the bilingual librarian one year forward, rather than beginning in the second year. The two Agency items had been discussed earlier. Council's direction had been reflected and the staffing and other ongoing costs had been built into the City's budget. Referring to Exhibit II, Mr. Nordhoff stated this contained a series of one-time recommendations also. He stated all the recommendations had been incorporated and staff would return at a later date to present items such as single-family zoning. Also included is an update to the sign ordinance, at a cost of $25,000, as a second year expense to the budget. Other than this, approximately $3.3 -million of one time items have been incorporated. Mr. Nordhoff stated his report notes that some of the uses of these monies are not necessarily appropriations of the budget. As with building reserves, this is being set aside for state fiscal problems, emergencies, the utility crisis and any other combination of items, as discussed. Mr. Nordhoff stated this is how the budget stands to date with all the funds balanced. There remains an outstanding item regarding the Major Crimes Task Force, and as mentioned in the report, the Police Chief, Mayor Boro and the City Manager will be back with a recommendation regarding that service, on June 18, 2001. Other than this, staff believes the budget represents the direction given by Council to date and would return to the Council Meeting of June 18, 2001 to balance the budget. Regarding the after-school program coordinator, Councilmember Miller stated he had further conversations with the Community Services Director, Carlene McCart, on this subject and believed the after-school program was possibly one of the most essential programs the City could bring forward, with some funding, so that it is not simply a cost recovery type of program. He stated he inquired of Ms. McCart if she could offer some suggestions or options to consider or pursue this. Community Services Director Carlene McCart expressed gratitude for the support and stated it was stunning to have come in with a new service request and be asked to increase it. Staff had put together options for the first year to increase youth services, especially in the after school hours of 2 — 6 p.m. Ms. McCart stated that the Community Services Management Team felt strongly that people were needed in the field rather than the office; people who deliver programs is where the money could best be spent, to expand the teen program, beginning with the two middle school campuses. She stated this helps to realize several goals: • To initiate the Teen Program with people in the 6th 7th and 8th grades, working up to more advanced teen programming for the high school ages. • It serves a population not typically served through child care, enrichment classes or after school programs, these being children who are too old for those types of structured scenarios, but who need guidance, supervision and recreation opportunities after school. Ms. McCart introduced Bill Scharf, Assistant Community Services Director, Youth and Family Services Division, who would explain how it is proposed to formulate a first year response. Mr. Scharf thanked the Council for their enthusiasm on the new service request, and stated that in evaluating what to propose to move this forward a year, staff immediately saw opportunities at both Davidson Middle School, expanding some of the present projects and introducing some new ones, and Miller Creek where after school programs have been requested. He gave as an example general recreation type after-school programs, additional enrichment type programs, band, music camps, chess clubs, etc. Mr. Scharf stated this program would possibly include some areas more academic in nature, which are not available presently, or perhaps work with the Junior High Schools to expand present offerings, such as the extensive after-school homework help program. SRCC Minutes (Regular) 06/04/2001 Page 5 SRCC Minutes (Regular) 06/04/2001 Page 6 One of the goals for this division was to form a Youth Council and develop leadership with teens, as a means of staying in touch with what the needs are, thereby generating programs based on teen requests. This would also be seen as an opportunity to work directly with the teens on some special events, rather than presenting adult versions of what their requirements are presumed to be. Mr. Scharf stated staff would like to put together all the components of what is being offered for teens, similar to what was done when some of the direction of the recreation program was changed. Combined, there is Volleyball, Gymnastics at Davidson, a Theater program, all of which are middle school and teen programs; however, there is no one place defining what exactly is being done for teens. He stated staff would like to have this as a target marketing group. At the state level and depending on the budget, there appears to be some opportunities for funding and Mr. Scharf stated these would be actively pursued when they become available. Councilmember Miller was pleased that the junior high schools would be focused on and the fact that this would be a module to follow up on. Also the fact that it is expanding to the North would assist in deterring vandalism and graffiti, and give teens something to do. To have this on site at schools completes another Council goal to use the facilities in terms of community groups. Regarding funding the program, Mr. Scharf stated staff had worked on figures this afternoon, which basically entailed doubling the service request for the coordinator positions. Also low cost and no cost programs were considered and the figure arrived at for the first year was approximately $40,000. Responding to Mayor Boro's question, Mr. Scharf stated the present cost for the after-school coordinator was $13,000. Mayor Boro stated he considered the idea a good one, as the junior high school children are those at most risk and need somewhere to go after school. He believed this is a case for partnership with the schools and inquired if there would be fees for the use of the facilities. Mr. Scharf stated use of the facilities is a negotiable item, depending on the kinds of programs offered. Mayor Boro stated he believed one way in which this could be successful would be to have minimal or no fees, and in order to do this, efforts should be made to enlist the schools' cooperation which could be an item for discussion at the next schools' meeting. He considered it a unique approach and the program could be made available to all children, regardless of their financial situation. The City could pay the salaries, with the fees being absorbed by the schools for use of the facilities, with the understanding that there would be little or no charge for the program. Councilmember Phillips agreed this could be a good partnership and believed there would be enthusiasm from the schools to participate, as they also recognize the need which they are not always in a position to satisfy. He noted from the report the program costs would be recovered through participation fees, and requested clarification, and before approaching the schools he would like to have a summary of the program. Community Services Director Carlene McCart stated it was envisioned that some fee and some no cost programs would be balanced on each campus and reiterated that it is not widely known that the very successful spring spectacular and gymnastics program offered at Davidson is actually sponsored by the City. San Rafael acts as their fiscal agent and funds the costs of producing the program, which amounts to $40 per student for eight weeks of instruction. This year 166 children participated in the class; therefore, she envisioned extending this kind of programming through other areas in the curriculum which are of interest to the student and which may not be available during the regular classroom day. Some of the free programs would include sports and art, with music and enrichment programs carrying a low cost. Scholarships would be extended in these areas also. She stated that when the service request was submitted the program was based on fee classes, such as the Spring Spectacular and Steel Pan Drums, and other programs carried out in conjunction with Davidson. Councilmember Phillips inquired if the students would be involved in designing the program or providing input. Ms. McCart stated this was the intent; however, to begin in the fall it would be necessary to initiate a foundation of programming and use this to attract children in so they could become involved in designing their curriculum. Councilmember Phillips inquired if the timing was right or if perhaps the issue was being forced and not being given adequate time to develop. Ms. McCart was confident a pilot program could be up and running in the fall. She confirmed staff could have a proposal available for Mayor Boro and Councilmember Phillips to present to the schools within the next month, for review. SRCC Minutes (Regular) 06/04/2001 Page 6 SRCC Minutes (Regular) 06/04/2001 Page 7 Mayor Boro confirmed with the Community Services Director that this would be a combination, continuing some programs and expanding others, with the City providing the manpower and encouraging the schools to provide the facilities. Ms. McCart added that there would be on-site supervision. Councilmember Heller inquired if there would be two coordinator positions commencing in the fall. Councilmember Miller stated he was not emphasizing the coordinator positions, rather the need for the program. Assistant Community Services Director Scharf stated the coordinator position would be doubled beginning in September, with some of the instructors being subsidized in order to offer low fees for the classes. This was done at the elementary level and staff believes it is a logical next step. Regarding the timing, Councilmember Cohen stated that if staff was in a position to take up the challenge he was in favor of doing it now. On the question of the bilingual librarian, Mayor Boro stated that when the subject was first broached, the idea was to consider this position if the matching funds could be obtained from the state. City Manager Gould stated that when the position was first proposed it was believed to be warranted, whether or not Proposition 14 funds were sought; however, if Council makes the commitment to the bilingual librarian, it allows for expansion of the hours at the Pickleweed Learning Center sufficiently to be competitive in the Prop. 14 funding competition. This would produce a double benefit in that it would be possible to provide a higher level of services at Pickleweed and at the downtown library, which would then render the City competitive to take down capital funding to establish a real branch library at Pickleweed. Regarding the branch library, Mayor Boro stated he did not get a sense, even having attended the session at Falkirk with Dave Donery, Supervisor Pickleweed, that the group was seeking a branch library at Pickleweed. He believed they were more interested in access to computers. More importantly, Mayor Boro felt the recent comment that those from the Canal visiting the library here, were requesting books in English rather than Spanish, was interesting. He wondered if more time was needed to consider this. Councilmember Miller stated the concept is that better library services are needed to enhance the literacy center. On the issue of whether or not it is a branch library, City Manager Gould stated that under the MarinNet system, a branch library is currently available at Pickleweed. This meets all the criteria of the local cooperative library systems where the full library catalog can be accessed. Regarding being in a position to provide the additional services, and noting the fact that many of the patrons of the learning center at Pickleweed visit the main library seeking more works in English, nonetheless, Mr. Gould stated that as revealed by the latest census, 23% of the population describes itself as Latino, and he considered there are greater needs to reach out to those struggling with English as a second language. Mayor Boro reiterated that his issue was that he did not understand what the goal would be two years down the road from the initiation of a bilingual librarian, with or without state funding, and how this would tie in with the learning center and the ultimate plan for Pickleweed. He believed it had not been thought through as at the outset the proposal was to commence this service in the second year. He was concerned regarding its implementation in the first year without considering the end result. City Manager Gould stated a more detailed report could be presented at the City Council meeting of June 18, 2001, before finalization of the budget, to decide the timing. Councilmember Heller recalled her reason for believing it would be beneficial to the City to begin the process in the first year was the fact that it called for a very specialized librarian, and conceivably it could take many months to procure such a person. Mayor Boro confirmed he recalled that discussion; however, his question was, in the last analysis, what a bilingual librarian was envisioned to accomplish, whether it be the learning center or primarily something else. He believed it had not been concluded it would be a branch library and noted there are those who presently work in the library who are bilingual but not librarians. Mayor Boro stated he would like to see more structure associated with this proposal before committing to it. He was not against the idea but needed a better understanding of it. City Manager Gould concurred. Councilmember Cohen stated he had been supportive of the proposal and accelerating the funding, SRCC Minutes (Regular) 06/04/2001 Page 7 SRCC Minutes (Regular) 06/04/2001 Page 8 as he understood the Library Director, Vaughn Stratford, to infer there was a need and desire presently to enhance library service with the addition of a bilingual librarian, not necessarily tied to a number of long-term conclusions. Councilmember Cohen agreed with Councilmember Heller that if the need exists presently and there is sufficient funding, efforts should be initiated to fill the position as it could effectively take up to six months to acquire someone. He stated that this does not run counter to the Mayor's request for a fuller explanation. On the subject of the Major Crimes Task Force, Councilmember Cohen inquired as to the current status. Mayor Boro reported that he and Police Chief Cronin had a preliminary discussion, and further discussion would take place between Mayor Boro, City Manager Gould and Chief Cronin and Mayor Boro would coordinate with the County Sheriff to obtain an understanding of his issues. He stated his concern was that comments were made to the effect that requests were made last year and the goals established were not met. Councilmember Cohen stated he simply required to know if the current budget assumed continuance or stopping. Mayor Boro confirmed the budget assumes stopping; the funds in the Police Department budget had been allocated to other issues, which Mayor Boro stated was troubling to him, to the extent of whether or not it was the correct reason. Councilmember Cohen stated that if the recommendation on June 18, 2001 is to continue for a further year, funds would need to be found. Assistant City Manager Nordhoff stated the cost would be approximately $100,000 per year and there would be adequate resources to cover the cost in the two-year budget period. Mayor Boro clarified for Councilmember Cohen that other issues would be new money, and this would be ongoing money. City Manager Gould reported he spoke with Sheriff Doyle at another meeting recently and mentioned he would be receiving a call to set up the meeting; Sheriff Doyle was amenable. Referring to page 3 of the staff report where it is indicated that the General Fund is expected to loan the Parking Service Fund $800,000 to help pay for new parking meters, Councilmember Heller asked if the 15% would be retained. Mr. Nordhoff stated the 15% would be retained pursuant to making the loan and the surplus would also exist. City Manager Gould announced Deputy Public Works Director Andy Preston, would make a presentation on the Capital Improvements Project and Carlene McCart, Community Services Director would present the Park Bond revenue recommendation. Mr. Preston stated he would review the Capital Improvement Projects in three sections, what had been accomplished in the previous two years, what would be accomplished in the next two years and what the future holds. Before proceeding he acknowledged the members of the CIP committee, Ken Nordhoff, David Bernardi, Carlene McCart, Nancy Mackle, Nader Mansourian, Richard Landis and Andy Preston. He stated that one of the reasons all the projects could be accomplished was due in no small part to the assistance of the best assembled team of engineers and technicians in the history of the City. Mr. Preston referred to Exhibit A categorized into Buildings, Parks, Drainage and Transportation, with projects completed in the past two years in the amount of $21 -million. He referred to a map depicting the projects which are located in Terra Linda, Downtown, East San Rafael Canal area and South San Rafael; therefore, they had been spread fairly uniformly over all of San Rafael. He noted that Pickleweed Park playing field is of the same construction as that at Stanford University,and most of the NFL Football fields. It is state of the art and will open on June 16, 2001. Referring to the North Francisco Pump Station, Mr. Preston stated this was the culmination of over ten years of hard work and negotiations with Caltrans to obtain their agreement to build this structure. He reported that the pump station drains and pumps 500 acres of that part of San Rafael and is the largest pump station of its type in the North Bay area. Mr. Preston stated it has four outfalls, which are powered by four 250 horse power pumps, with two V12 Detroit Diesel Generators, producing 1,000 horse power total, which is enough to power all four pumps. He noted it is possible to pump over 250,000 gallons of water per minute. Councilmember Heller inquired if the Mayor approved of the color. David Bernardi, Public Works Director, stated that Caltrans may possibly have some funds which SRCC Minutes (Regular) 06/04/2001 Page 8 SRCC Minutes (Regular) 06/04/2001 Page 9 were not expended on the project; they were approached to ascertain their willingness to consider a change order to the project to paint the structure and they are in the process of considering this. He stated the project was approved by the Design Review Board in its present form. Councilmember Miller stated that besides the color, there was the question of the noise factor. Responding, Mr. Bernardi stated he had informed Chuck Bennett that the City would be working on this; there are modifications which could be made, if necessary; however, the generator system is only designed to run when the pumps are required to operate; therefore, if the power goes out and the pumps are not required to be turned on, the generators do not turn on. He noted that the generators would, therefore, be operating infrequently, and he informed Mr. Bennett that if they became a problem there was a means by which the exhaust could be modified to point up. Mr. Preston depicted the building housing the generators which was equipped with automatic opening doors; therefore, when the generators are required to power up the doors open to allow airflow through the building. Mr. Preston reported that the Parkside Childcare Center is on schedule and on budget and should be completed by August, 2001. Referring to Mahon path, a project mainly funded by a $550,000 grant from MTC (Metropolitan Transportation Commission) Mr. Preston illustrated the bike path and noted that staff took advantage while building the path, to carry out some bank stabilization work to the creek. He also referenced the Lindaro Street pump station and part of the wetland mitigation. Mr. Preston noted the Freitas Park project was very successful, as was the Bernard Hoffman Playground. On the engineering side, Mr. Preston noted the Second Street widening and Underground District and made reference to the fact that all the overhead utility lines were gone, changing the complexion of the street. Referring to street resurfacing, Mr. Preston depicted the streets which have been resurfaced in the past two years; eight miles of streets are resurfaced per year and including the next three years, the five year total would be approximately 55 miles of streets, which is superior to any other City and jurisdiction in the North Bay area and is due mainly to the new pavement system. Referring to Exhibit B, Mr. Preston stated this itemized the projects to be worked on for the forthcoming two years, and amounted to $32 -million. He reported that the Court Street Plaza bid opening would take place on June 12, 2001. The Corporation Yard would go out to bid towards the end of June. The Woodland Avenue Drainage Improvements is presently out to bid, with the bid opening also taking place on June 12, 2001. Construction begins on the Francisco Boulevard Ditch in two weeks. On the transportation issue, the North San Pedro/Civic Center Traffic Improvements will be out to bid in mid June; however, work will not commence until next year, as the contractor will not be allowed to dig up the intersection until all the equipment is present. The Terra Linda Pool is on schedule and within budget and will be out to bid in July, 2001. Mayor Boro inquired regarding the Fourth Street / Miracle Mile and Second Street rehabilitation. Mr. Preston stated these are state funded, being funded 88.5% by the state and 11.5% by the City and are resurfacing projects. The Miracle Mile is all the way from the City limit down to the Y where Fourth Street / Miracle Mile intersects with Second Street and then it is picked up at Second Street and tied into the end of the paving which was carried out this year. It is again picked up on the other side of Second Street at Grand Avenue and tied into Third Street. Councilmember Phillips inquired if these projects were approved in these amounts. Mr. Preston responded that they were, for the most part. Regarding Court Street, Councilmember Phillips noted this was not yet firm as to the amount and he believed the Terra Linda Pool project was in excess of $1 -million. Mr. Preston stated this was a summary he had generated over the past few days; therefore, some of the figures might not be 100% accurate; however, they were in the ballpark. Mr. Preston confirmed the figures were included in the budget. He also confirmed that the Freitas Park Phase II was not approved and was an issue the Community Services Director would be addressing later this evening. Mr. Preston noted that having inserted this item in the Summary he realized it was an error; however, as the presentation was already prepared he left it in. Councilmember Phillips inquired that should Council approve the budget on June 18, 2001, if it would include all of these items. Mr. Nordhoff stated that the two-page attachment in his report demonstrates the uses of new monies for the next two years for new projects. A lot of what Mr. Preston was discussing this evening was a summary of projects, either under construction, SRCC Minutes (Regular) 06/04/2001 Page 9 SRCC Minutes (Regular) 06/04/2001 Page 10 underway for a time, or sitting on the drawing board; however, these will be completed over this two-year cycle and Council has committed funds to these over a series of meetings. Mr. Nordhoff stated Mr. Preston was laying out a general sense of what will be accomplished, mostly with funds which have been set aside from Redevelopment bonds, mitigation fees and a number of other sources. He noted that, with the exception of Freitas Park, the list was complete. Referring to Exhibit C, Mr. Preston stated this tracked how each project is progressing along its development cycle. Exhibit D is the CIP Needs Assessment Master List and basically covers the same categories, with the addition of ADA. Mr. Preston clarified for Councilmember Phillips that this is a wish list of infrastructure improvements, the date on the right being the date the project was entered on this list and therefore, had not been budgeted. Councilmember Phillips inquired if these unfunded projects were projected to be funded in the period subsequent to the present two-year budget and Mr. Preston responded in the affirmative. He inquired that since there are extra dollars in hand, if there were any projects on this list which would not be accomplished over the next two years, but have an urgent need. He noted in particular, the Terra Linda Recreation Center exterior painting, which was proposed in 1998 and would not be funded over the next two years, making it five years in total. Referring to the list as it relates to the building category, Mr. Nordhoff stated that several meetings were held to discuss deferred maintenance on public buildings, and recognizing that the list is probably not exhaustive and is in excess of $20 -million, staff believed the community would be better served if a comprehensive Deferred Maintenance Facility Study was carried out to recommend what needed to be done and when, and the magnitude of funding necessary. He noted there was a huge up -front investment necessary to make things current, as well as an ongoing need. Staff hoped to return when the study is carried out over the course of the first fiscal year, with recommendations concerning attending to some of the items on the list regarding buildings. Councilmember Phillips stated this appeared to be a logical approach and probably the most effective, as setting priorities made some sense. He noted there were also some items on the list which he would not be in favor of funding. Councilmember Cohen stated he was having some trouble following some of the totals and referred to the $8 -million on the ADA which he assumed referred to a sub total. Likewise, the $20 - million was a sub total on buildings as was the $30 -million on Drainage and the $1 -5 -million on Parking; however, the Parks total at $48 -million, and the Transportation total at $75 -million, did not appear accurate. Mr. Preston stated these figures were incorrect. Councilmember Cohen stated Council had been through a prioritization exercise with this wish list in the past and inquired as to the present status. Mr. Preston referred to the Ratings column in Exhibit D and pointed out that the higher the rating, the higher priority the project is given. He confirmed for Councilmember Cohen that in the Ratings column the highest number would be addressed first. Councilmember Cohen inquired if this applied across categories. Assistant City Manager Nordhoff stated the rankings would be segregated out based on the funding; therefore, in the case of drainage where there is a storm drain fee for drainage work, these would be ranked relative to the amount of funds available, versus buildings, which are general tax maintenance issues. Councilmember Cohen confirmed that looking across categories at items which may be funded through general tax revenues, the higher the rating the higher priority it should be given, regardless of whether it is a building or some other type of project. Mr. Nordhoff anticipated that the forthcoming study would further evaluate this type of information and produce some good ongoing solutions. Public Works Director David Bernardi confirmed that the list was in essence, a working document, which Messrs. Preston and Landis are primarily refining. Eventually there would be a complete picture of what the Citywide needs will be, and subsequently, a Pavement Management System for the remainder of the infrastructure would be developed, to enable programming of types of needs and prioritizing projects, in order to make more sense of the recommendations to Council. He suggested that Council evaluate this list in the context of a working document, providing a flavor of the issues under consideration. Carlene McCart, Community Services Director, stated she was pleased to present the SRCC Minutes (Regular) 06/04/2001 Page 10 SRCC Minutes (Regular) 06/04/2001 Page 11 recommendation from the Park and Recreation Commission on the disbursement of the State Bond Act Funds, which was the culmination of approximately nine months of community outreach, research and thoughtful deliberation on the part of the Commission, to package a strategy for the expenditure of the Proposition 12 Per Capita funds. Ms. McCart explained that in year 2000, voters in California passed the largest state park bond in history, amounting to $2 -billion, which was set aside in response to the lack of infrastructure maintenance and replacement. She stated that the benefits to San Rafael would be comprised of two programs: 1) the competitive grant programs to open this summer, with approximately three years of funding. These grants are set forth to ensure that cities the size of San Rafael would be competing only against cities of equal size which levels the playing field for the City of San Rafael; 2) the Per Capita distribution is based on the population of San Rafael, and the City is in line to receive $481,000, which is allocated to the renovation, construction or acquisition of recreation facilities or program development. Ms. McCart reported that last year, the City Council requested that the Commission conduct public outreach to determine the priorities in San Rafael for allocation of these funds. The Commission held three community meetings, one in North San Rafael, one in Central San Rafael and one for the North East quadrant of San Rafael, the Dominican neighborhoods out to the Peacock Gap area. Reference was made to the Pickleweed Advisory Board and the body of work completed in their community outreach, to obtain a good sense of the priorities in the Canal neighborhood for recreation facilities. Ms. McCart stated that each of the meetings' projects were presented in three categories,: 1) deferred capital replacement projects, of which there is approximately $2.5 -million identified; 2) current projects which are not fully funded, including nine park projects, Freitas Park, Bret Harte, Sun Valley, Bernard Hoffman restrooms, to name some. These projects may not be active but are waiting for the next phase of development; 3) future recreation facility needs included support for skateparks, swimming pool for Central San Rafael and additional sport fields. Community Services Director McCart noted that the responses received varied. In North San Rafael, those who attended the meetings identified and subsequently voted to prioritize the completion of Freitas Park and the Terra Linda Pool. They were also in favor of bicycle and pedestrian paths in their neighborhoods. In Central San Rafael, Sun Valley Park and Bret Harte Park improvements were of high priority, with a skatepark being a top vote getter. The meeting in North East San Rafael was attended by relatively few people and there was a request for fire fuel reduction in Canyon areas, which did not coincide with the general categories being considered for State Park Bond Act funds. There was also a call for a playground to be located somewhere in the Dominican/Montecito Heights area. This area does not presently have any neighborhood park, with Coleman school acting as the Ione playground site, and the continuing challenge in this area is locating a place to install a playground. She explained that Dominican University and San Rafael High School had both been approached and were less than enthusiastic regarding the use of any of their property in this way for community use. She stated that hope had not been abandoned, rather it was a matter of locating the correct spot. Mayor Boro stated that approximately five to six years ago there was a glimmer of hope with Dominican and he inquired as to why this did not materialize. Ms. McCart, noting she was not on board at that time, stated she understood that as they began their campus renovation projects this was raised in conversation; however, it did not progress any further. Mayor Boro stated that perhaps now was a good time to reinstate the issue and Ms. McCart concurred. Councilmember Miller recalled that four to five years ago Montecito was ready to do something with the park above the tennis courts at San Rafael High School and inquired as to the status of this park. Ms. McCart stated this was part of the Master Plan for the renovation of the sports facilities at San Rafael High School; however, it had not progressed. She stated this may be a good opportunity to put some collaborative partnerships together to move it forward with the School District. Councilmember Miller stated after August 6 would be a good time. Councilmember Heller agreed and inquired if Mark Lubamersky, Park and Recreation Commissioner, should be approached to follow up on this to ascertain if it could be "inched" SRCC Minutes (Regular) 06/04/2001 Page 11 SRCC Minutes (Regular) 06/04/2001 Page 12 forward. Ms. McCart concurred and stated it was delayed when working on their bond election, not knowing the status of their funding. Ms. McCart reported that in the Canal area, the overwhelming support was for the Pickleweed Community Center expansion. She stated that late in the process, the Park and Recreation Commission heard the safety inspection reports commissioned for the fourteen playgrounds. The State Safety Codes for playgrounds changed officially in January, tightening up to a significant degree. She noted that it is not a requirement of the state to conduct these inspections; however, without them, it is difficult to ascertain compliance and as suspected, the codes are out of compliance in a lot of areas. The reports submitted are very detailed and well presented, giving a clear roadmap of what needs attention urgently, what can wait and how to eliminate or reduce the liability exposure in the parks and make the playgrounds safer. Conditions have been identified in each of the fourteen playgrounds and a strategy is being formulated to address the problems. The Park and Recreation Commission recognized this to be a whole new category of need and took this into account when making their final recommendation. Ms. McCart reported that part of their thought process was the funding resources available for Park and Recreation facility upgrade or renovation. Parkland Dedication funds have been used in the last nine to ten years exclusively for renovation types of projects, which have been most prevalent in North San Rafael, as this is where the development has occurred, and how the funds have been generated. She reported that Bernard Hoffman, Freitas Park — portion of the pool, Oleander and Terra Linda Community Center playground installation were all funded through Parkland Dedication funds, as was the acquisition of Bernard Hoffman park. She reported that Redevelopment and CDBG funds are applicable to Pickleweed and Albert Parks and have been used for projects in these parks. The Proposition 12 competitive grant program was evaluated and it was considered to be a good source for future recreation facility funding. There is also a 50% state match program for playground replacement available and ADA funds have been used to address some of the access problems in parks. Regarding the disbursement recommendation, Ms. McCart stated that at first the Park and Recreation Commission was interested in approaching all categories, deferred capital, replacement, current unfunded projects and new facilities. They wished to select projects which benefited each of the quadrants of the City which supported the recreation areas of greatest use within those quadrants. They also wanted to provide a matching fund to stimulate community participation in park projects, similar to what is seen at Sun Valley, Bret Harte and Freitas Park now. They also wanted to apply the funds to active recreation facilities; therefore, it was decided not to address beautification projects or recreation programs at this time, rather funnel this money toward facilities. Ms. McCart stated the recommendation was on page 3 of the staff report, which she itemized as follows: Deferred Capital Replacement — It is recommended that $70,000 of the $481,000 be spent on three projects: 1) $30,000 for Gerstle Park Restroom Replacement, which when coupled with ADA money would replace the old and faltering facility in this highly used park. 2) In Victor Jones, it is suggested that $15,000 be spent on landscape enhancement, which is actually infrastructure for irrigation, and will assist in keeping the turf in the playing field more viable, also providing some new landscaping; therefore, it is not an aesthetic application, rather more of a fix to keep the park in better condition for active use. 3) In Santa Margarita, the oldest park, both playgrounds having been installed in 1970, it was evident there would be major renovation required and the safety inspection confirms that most of the play equipment is in need of replacement. Ms. McCart stated this recommendation carries with it $25,000 for this particular project. This amounts to a total of $70,000 for Deferred Capital Replacement. Current Park and Recreation Projects — Ms. McCart stated the Commission is suggesting the use of the bulk of the funds available, ($246,000) on four projects: 1) Completing Freitas Park Phase II is a $150,000 project, and to have the playground installed would cost $80,000. The community group which has been raising funds has $5,000 presently SRCC Minutes (Regular) 06/04/2001 Page 12 SRCC Minutes (Regular) 06/04/2001 Page 13 and is willing to go further into the neighborhood in an effort to raise some more; however, staff believes that $80,000 will ensure the installation of the playground which would complete the project for several years. The remaining items within the plan are shade structures and additional landscaping; however, nothing which alludes to the activity in the park. 2) With regard to the Albert Park Masterplan, Ms. McCart stated that when the Childcare Center is complete the central lawn area would be redeveloped. The terminus of the promenade will be brought down to Albert Park Lane, the turf area will be redone with new irrigation and drainage and a new group picnic area will be installed to take some of the stress off Gerstle Park, which is now, and has been for the past several years, way overused. $31,000 has been applied to this project and it will be possible to develop some construction drives off the Masterplan and seek more funding for this park. 3) Sun Valley and Bret Harte parks are both on this list. Ms. McCart reported that Sun Valley residents approached staff approximately one year ago to request improvements to their park, in the form of fencing in the playground for more security for the children playing there, improving the paths, seating and the picnic arbor which serves the neighborhood. She reported that over $10,000 had been collected and with an additional $35,000, the requests could be satisfied. 4) The Bret Harte Park is in a similar situation; however, the playground is a very old installation and the Elementary School age piece will need to be completely torn down and replaced with newer equipment to meet code. In addition, the area around it will need to be redeveloped also. She reported that the neighborhoods have offered to do fundraising and provide services to augment this work and staff believes this could be a valuable collaboration. She noted that $100,000 would probably complete the work necessary to have the playground installations up to code and up to date. The total for Current Park and Recreation Projects amounts to $246,000. Future Park and Recreation Facilities — Ms. McCart reported that Council believed that the skatepark at McInnis Park was the highest priority of all the ideas presented. It is the most viable project on the horizon presently and serves a population which is woefully under -served and will not only be a recreation facility for San Rafael, but also the one and only skatepark for Marin County. She reported that with a contribution of $65,000 and with the collaboration of the four agencies, which will co -write and author a grant application for State Park Bond Acts, staff believes it is a very strong case and is a demonstration of San Rafael's commitment to the project itself. She noted that if for some reason the fundraising goal is not successful, which should be evident by January 2002, this money would stay with the City and could be re -programmed. Mayor Boro inquired if the $100,000, over and above the $65,000, was included. Ms. McCart responded in the negative. She referred to the Matching Funds column which is the fund the Park and Recreation Commission suggests should be put aside, again to stimulate community partnerships, and in light of the playground reports, it was considered that perhaps a majority of this money would go towards matching funds for playground renovation and working with the various neighborhoods to produce improvements to the parks and playgrounds. With respect to the replacement equipment, Councilmember Cohen stated the staff report indicated $400,000, with 50% available from State, and he inquired if all the total playground replacement cost would be $400,000. Ms. McCart stated these figures were being fine tuned and as of today it appeared that the work staff suggests the City undertake immediately will be more in the region of $300,000. She reported that there is a State matching grant which would fund up to 50% of the cost of replacement of playgrounds; therefore, it was hoped to recoup some of the money from this fund. Councilmember Cohen stated that if there was no guarantee this money would be forthcoming, the City would need to compete for this grant and conceivably get $150,000 back. Councilmember Cohen inquired whether now that equipment has been identified which does not meet state codes, if the City is exposed to greater liability by not immediately carrying out repairs. Ms. McCart stated the consultant is a certified State Playground Safety Inspector and a similar question was posed to her, and her response was that as an Agency, we are liable, whether or not we have an inspection report. Assistant City Attorney Guinan stated when the reports were first received, the issue was discussed and the fact that a report is in existence puts the City on notice that there are, in this case, numerous problems. He noted that some of the problems are simple in that new codes have come into effect, and compared to any other situation where a new code comes into effect, it is not SRCC Minutes (Regular) 06/04/2001 Page 13 SRCC Minutes (Regular) 06/04/2001 Page 14 a requirement to go back and retrofit everything immediately. He stated that what a Court would consider in a liability situation, should there be the unfortunate circumstance of an injury, would be what reasonable action the City had taken to correct the problem. In discussing this problem and the amount of money it would take to replace all of the playground structures, it was decided to take the consultant's rating of some of the more serious threatening injuries and take care of them immediately, and should this be carried out in a reasoned approach, from a liability standpoint, Mr. Guinan believed the City would be in compliance. However, now that the report is in hand, some action needs to be taken. He confirmed Ms. McCart's remarks that if, in fact, an injury occurred without the report having been done, the City could still be exposed to liability; however, now that the report is available the City is on notice that some corrective action needs to be taken. This corrective action could be a plan which takes into account the budget resources available and the priority ranking system of the consultant. Referring to the Santa Margarita Playground Replacement, Councilmember Cohen noted that $25,000 was being allocated, which he assumed was not the total, and inquired if some work would be carried out, returning to the project at a later date when more funds were available. Ms. McCart stated her recommendation was that should the $25,000 be allocated, a plan would be implemented in collaboration with the neighborhood, to ensure a good response to the neighborhood need. Regarding the price, she stated the tot lot would probably require $35,000 worth of renovation; however, this could be less, as the site will be easy to excavate and the elementary playground site would cost approximately $60,000 - $70,000 to complete. She emphasized these are preliminary figures, based on recent experience of installations. Councilmember Cohen commented that Ms. McCart had proposed $100,000 worth of playground replacement; however, she had inferred the total playground replacement cost would be $300,000. Ms. McCart stated she was alluding to the Priority 1 conditions found in the parks, those deemed to have the most serious conditions which could lead to a disability injury. The ultimate report would suggest that these Priority items be taken care of immediately. Some of the $300,000 would be taken care of from in-house, some would need help and some would allow for the application of the 50% matching grant. She reported that a report and strategy was being worked on presently which would outline this in greater detail. Mayor Boro inquired if it was necessary to approve this tonight, as he was confused as to why a new playground should be constructed at Freitas when others are possibly in a dangerous condition and in need of repair. He questioned the need to approve this tonight versus Ms. McCart submitting a detailed approach to the equipment which needs to be replaced, to ascertain how much of the $431,000 might be applied to this. He noted the communities had been generous; however, he did not believe a large amount would be received from the Santa Margarita neighborhood. He again questioned the need for a decision this evening. Community Services Director McCart stated she was of the impression that the funding would not be jeopardized by waiting, as the monies would not be available until late Summer. She stated staff presented the recommendations at this time so that Council could fold them into their thinking in conjunction with the current budget issues. She stated that the Commission believed that instead of funneling the money to one particular type of project like playground repair, as is being done by Corte Madera, the money be spread over several areas of need. Mayor Boro stated this would be fine in the absence of a large liability; it is not known presently how much this liability is or how much can be matched and he needed a clearer picture of understanding. Councilmember Heller suggested the report be accepted, moving forward with the next step; responding, Councilmember Cohen stated not if accepting the report meant committing the funds. Regarding liability, City Manager Gould stated there had been very few accidents, much less claims for injuries occurring on playgrounds with the same equipment; therefore, from a liability standpoint the exposure is mild. He stated that Councilmember Cohen's point was well taken in that we are on notice because we have the report; however, in terms of the other liabilities facing the City, this is a low risk issue. He noted Council did not wish to take action on the recommendations of the use of these funds until the full report is available, at which time it could be evaluated in that context. He stated this could be presented at a later date and not take action on it as part of the budget. Mayor Boro stated that if the $400,000 is now $300,000, and $150,000 of this could be matched, then the City receives $150,000 to make the equipment safe; therefore, he saw sense in spending $150,000 to make the equipment safe; however, he was not of the opinion that $150,000 would take care of the situation. With regard to the $100,000 for Bret Harte he questioned how much of this would go towards renovation and now much towards safety equipment, and at Santa SRCC Minutes (Regular) 06/04/2001 Page 14 SRCC Minutes (Regular) 06/04/2001 Page 15 Margarita, replacing equipment appeared to be the tip of the iceberg. Mayor Boro commented that perhaps some of it might be old but safe, which would be a different category; therefore, it was confusing. Ms. McCart stated that perhaps the recommendation could be considered when the full strategy report is available for the playground safety inspections. Mayor Boro requested the Community Services Director thank the Park and Recreation Commission for their excellent outreach and their logic made good sense. He believed the main issue was with respect to liability, how large it is and how much the City could get funded. He believed that should it be possible to get two for one, it should be pursued. Mayor Boro inquired how much potential grant money was available realistically and Ms. McCart stated the criterion was not complete as yet; however, early indications were that grants to municipalities and localities would be considered up to a figure of $1 -million. City Manager Gould stated that until the criterion is available it was pointless to speculate on the amount. Mayor Boro stated that in order not to jeopardize the $481,000, should there be a time issue at some point, it should be brought to Council; however, it would be helpful to have a little more of a global approach, especially with respect to the safety issue. Mayor Boro stated it would be taken up at the meeting of July 16, 2001, and City Manager Gould and Community Services Director McCart concurred. Concluding, Assistant City Manager Nordhoff stated he would present the budget to Council at the June 18, 2001 Council Meeting. The Proposition 12 funds would be removed from the proposed budget; there would be further discussion on the proposed bilingual librarian and some resolution on the Major Crimes Task Force, together with any other items the Council believed needed consideration. Councilmember Cohen moved and Councilember Heller seconded, to accept the report pending further discussion on the items noted. Under discussion, Mayor Boro thanked Community Services Director Carlene McCart, Assistant Community Services Director Bill Scharf, Deputy Director Public Works Andy Preston and Assistant City Manager Ken Nordhoff, noting Mr. Nordhoff has produced a lot of headaches for the Council. Mr. Nordhoff thanked Dennis Shives, Assistant Financial Services Director. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCILMEMBER REPORTS: 12. None. There being no further business, Mayor Boro adjourned the City Council Meeting at 10.10 p.m. OPEN SESSION — COUNCIL CHAMBER — 10:10 PM: Mayor Boro announced Closed Session item and then adjourned to the City Manager's Conference Room 201 for the Closed Session. CLOSED SESSION — CONFERENCE ROOM 201 — 10:10 PM: Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael U.S. District Court, Northern Dist. of CA, Case No. C003785VRW At the conclusion of the Closed Session, Mayor Boro announced that no reportable action was taken. Closed Session Adjournment: 11.05 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12001 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 06/04/2001 Page 15