Loading...
HomeMy WebLinkAboutCC Minutes 2002-07-15SRCC Minutes (Regular 07/15/2002 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 15, 2002 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, Assistant City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM: Mayor Boro announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: Present: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None a) Conference with Real Property Negotiator (Government Code Section 54956.8) Property Street Address: 1033 "C" Street (re: Fire Dispatch and City Administrative Offices) City Negotiator(s): Nancy Mackle, Economic Development Director Negotiating Parties: Gordon and Connie Wong Under Negotiation: Price and Terms of Lease City Attorney Gary Ragghianti announced that no reportable action was taken. Closed Session Item 1 b) held at the conclusion of City Council Meeting: b) Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Lydia Romero, Daryl Chandler Employee Organizations: San Rafael Fire Chief Officers' Association San Rafael Fire Association San Rafael Police Mid -Management Association San Rafael Police Association Marin Association of Public Employees, Supervisory Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 Marin Association of Public Employees, Childcare Unit, SEIU Local 949 ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:17 PM Re: Group Homes: - File 13-16 x 100 x 157 (verbal) Barry Smail, 1106 Grand Avenue, San Rafael, stated he had been working with City staff and in communication with Councilmember Heller concerning the possibility of a Group Home moving into 425 Mission; however, was pleased to learn last week that Centerpoint, who had leased this property as an alcohol and/or drug rehabilitation facility, had withdrawn from their lease. He reported he possessed packets of information concerning legal challenges to cities being able to legislate the placement and/or clustering and regulation of group homes, and indicated having provided such information to Community Development Director Bob Brown. Mr. Smail noted there were many challenges to the City in terms of keeping too many group homes from being concentrated in one area. He indicated that in his situation, with the possible advent of Centerpoint, there would have been four group homes within one block, three on contiguous pieces of property. He commented that his neighborhood had been very proactive in attempting to work with the existing group homes and believed every neighborhood should have its fair share; however, the concentration of group homes is problematic. Some group homes advocates believe institutionalization of several group homes in a small area can be counter-productive to the goal of bringing these individuals into the residential community. Mr. Smail reported having been in touch with the League of California Cities and the City of Vancouver, Washington, one of the lead cities in the country evaluating this issue, and offered his services to work constructively with the City in researching this issue and providing input from the neighborhood perspective. SRCC Minutes (Regular) 07/15/2002 Page 1 SRCC Minutes (Regular 07/15/2002 Page 2 Mayor Boro suggested that Mr. Smail submit any relevant information to City Attorney Gary Ragghianti who is also pursuing this issue, noting there are certain constitutional guarantees involved which require evaluation. Mayor Boro indicated that Mr. Ragghianti would keep both Council and Mr. Smail apprised of the situation. Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar as follows: SRCC Minutes (Regular) 07/15/2002 Page 2 ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Monday, Minutes approved as submitted. July 1, 2002 (CC) 3. Call for a Special Election to Increase Paramedic RESOLUTION NO. 11132 — Service Special Tax for Residential Units and Non- RESOLUTION: Residential Classed Structures (CA/CC) — 1) CALLING A SPECIAL MUNICIPAL File 9-4 x 9-12-1 x 9-3-31 ELECTION FOR THE PURPOSE OF PROPOSING AN AMENDMENT TO THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, AND SUBMITTING THE SAME TO THE ELECTORS OF SAID CITY AND ORDERING THE PUBLICATION THEREOF; AND 2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; AND 4) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE 4. Summary of Legislation Affecting San Rafael (CM) — Approved staff recommendation: File 116 x 9-1 AB 468. State Property. Access. Telecommunications. Assembly Member Firebaugh - OPPOSE 5. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance ORDINANCE NO. 1785 - An Ordinance of the City No. 1785. of San Rafael Setting the Paramedic Tax Rate, Commencing with Fiscal Year 2002-2003, at the Rates Allowed in Ordinance No. 1747 for Residential and Non-residential Properties in the City of San Rafael; and Further Confirming the Paramedic Tax Rates, Commencing with Fiscal Year 2002-2003 for Residential and Non-residential Properties in the City of San Rafael, the Marinwood Community Services District, County Service Area No. 13, and County Service Area No. 19 ($52.00 for Residential and $.0625 per Square Foot for Non -Residential Property) (MS) — File 9-12-1 x 9-3-31 6. Resolution Authorizing the City Manager, Pursuant RESOLUTION NO. 11133 to SRMC Sections 2.55.190 & 2.55.200, to RESOLUTION AUTHORIZING THE Contract for the Purchase of Parking Access And CITY MANAGER, PURSUANT TO Revenue Control Systems (PARCS) and Services SRMC SECTIONS 2.55.190 & 2.55.200, by Use of Competitive Negotiation (MS) — TO CONTRACT FOR THE PURCHASE File 9-3-87 x 12-14 x 9-1-2 OF PARKING ACCESS AND REVENUE CONTROL SYSTEMS (PARCS) AND SERVICES BY USE OF COMPETITIVE NEGOTIATION SRCC Minutes (Regular) 07/15/2002 Page 2 7. Report on Bid Opening and Adoption of Resolution Rejecting All Bids for Traffic Signal Improvements at "A" Street Between Second and Third Streets and Interim Signal Improvements at Mission and Lincoln Avenues; Project Nos. 10784 & 10785 (Bid Opening Held Tuesday, July 2, 2002) (PW) — File 4-1-549 x 9-3-40 x 11-10 8. Resolution Approving Final Map of Subdivision Entitled "Final Map Being a Subdivision of the Lands of San Rafael Corporate Center, LLC' (PW) — File 5-1-344 10. Resolution Authorizing Lease of Property at 1033 "C" Street for Fire Dispatch and City Administrative Offices (RA) — File 2-9-25 x 9-3-31 11. Resolution Approving an Outdoor Dining License Agreement with Rafael Town Center Investors, LLC (RA) — File 2-8-30 x 2-11 SRCC Minutes (Regular 07/15/2002 Page 3 RESOLUTION NO. 11134— RESOLUTION REJECTING ALL BIDS FOR THE TRAFFIC SIGNAL IMPROVEMENTS AT "A" STREET BETWEEN 2ND STREET AND 3RD STREET AND INTERIM SIGNAL IMPROVEMENTS AT MISSION AVENUE/LINCOLN AVENUE, PROJECT NOS. 10784 & 10785, AND AUTHORIZING STAFF TO REBID RESOLUTION NO. 11135 — RESOLUTION APPROVING FINAL MAP ENTITLED "FINAL MAP BEING A SUBDIVISION OF THE LANDS OF SAN RAFAEL CORPORATE CENTER, LLC" (APNS: 013-012-29, 013-021-43 AND 013-021-46) RESOLUTION NO. 11136 — RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE BETWEEN THE CITY OF SAN RAFAEL AND GORDON AND CONNIE WONG FOR OFFICE SPACE AT 1033 "C" STREET FOR FIRE DISPATCH AND CITY ADMINISTRATIVE OFFICES RESOLUTION NO. 11137 — RESOLUTION AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND RAFAEL TOWN CENTER, LLC FOR OUTDOOR DINING AT THE SAN RAFAEL CITY PLAZA AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Cohen from item Nos. 2 and 5 due to absence from meeting of 7/1/02 The following item was removed from the Consent Calendar for discussion, at the request of some merchants. 9. RESOLUTION AUTHORIZING CLOSURE OF DOWNTOWN CITY STREETS IN CONNECTION WITH THE SAN RAFAEL CYCLING CLASSIC ON SATURDAY, SEPTEMBER 14,2002: (RA) - FILE 11-19 1) FOURTH STREET FROM LOOTENS TO "A" STREET — 8:00 A.M. — 3:30 P.M. 2) FOURTH STREET TO "E" STREET — 9:00 A.M. — 3:30 P.M. 3) FIFTH AVENUE FROM COURT TO "E" STREET — 9:00 — 3:30 P.M. 4) "A" ST. FROM PARKING ENTRANCE TO 5 TH AVE. — 9:00 A.M. — 3:30 P.M. 5) "B" STREET FROM THIRD TO MISSION AVE. — 9:00 A.M. — 3:30 P.M. 6) "C" STREET FROM THIRD TO MISSION AVE. — 9:00 A.M. — 3:30 P.M. 7) "D" STREET FROM THIRD TO FIFTH AVE. — 9:00 A.M. — 3:30 P.M. Economic Development Director Nancy Mackle indicated she would present some background on downtown events and subsequently, Brian Auger, Events Coordinator, would discuss the bike race. Ms. Mackle reported that last fall, staff learned from several downtown merchants of concerns regarding the number and location of downtown events. Noticing each merchant individually, a meeting of the BID (Business Improvement District) was called, at which lengthy discussions took place regarding the events. She indicated the BID also conducted their own survey of the merchants regarding the events. Ms. Mackle stated that while there were lots of opinions concerning which events were most favored and vice versa, the key issue concerned the number of Saturday events that required a Fourth Street closure. She commented that Sundays or nights were not as important to those in attendance. SRCC Minutes (Regular) 07/15/2002 Page 3 SRCC Minutes (Regular 07/15/2002 Page 4 As a result, Ms. Mackle stated staff prepared the following recommendations for changes which were presented to the City Council in a Study Session in February, 2002: The Brewfunk promoters were requested to move their event to a Sunday; The International Food Festival (Saturday and Sunday event) was not invited to return; and The Bike Promoter was requested to reduce the hours of the bike race. Ms. Mackle reported that presently, the only Saturday daytime Fourth Street closures are the Bike Race and the Car Parade. Ms. Mackle indicated that having spoken with Council, they concurred that events requiring a Fourth Street closure would be minimized; however, events would continue to be produced to meet the predicted goal of 100 events per year. She stated that staff would seek to do this utilizing other venues and locations, as the intention is to continue to bring new events and be a good home to existing events. Ms. Mackle stated this is a good way to promote the downtown: It gets the City's name in the Press and in magazines such as Sunset; Brings visitors of all interests and ages to observe the new face of the downtown; and Adds a lot of vibrancy to the downtown. She reported that the Agency Board and City Council had been very supportive of keeping these events active and moving, and having a full range, whether staged by the Redevelopment Agency or an outside agency. She indicated that primarily, the downtown is a great venue for businesses; however, it is also a great place for the community to gather. With all of this in mind, some changes to the bike race had been pursued to meet the need of the merchants, and Ms. Mackle deferred to Mr. Auger to elaborate on some of the details. Events Coordinator Brian Auger reiterated that there had been some controversy regarding the event and Wil Matthews, the promoter, had been very proactive in working with staff to attempt to deal with the issues and concerns of the downtown merchants. He explained some of these issues and the proposed solutions, as follows: • In 2001, the last race ended somewhere between 4:00 and 4:30 p.m., and this year, it will end at approximately 2:30 p.m.; • The street closures commencing very early in the morning have been moved up to 9:00 a.m. to allow people to get to and from work, and the setup will be conducted in a more expeditious manner; • A larger crew will be engaged in the setup to provide for this time limitation, and will also be utilized in the tear down, to allow for the streets to be reopened within an hour after the last racer passes; • The Start, Finish and VIP platforms previously on "B" Street have been relocated to the sidewalk and curb area between "B" and "C" Streets on Fourth Street; • Besides the larger crew, the track equipment is more efficient this year. The operational setup will be more specific, bringing in equipment the evening before the race and placing it closer to its ultimate location or in place, if possible. Mr. Auger reported that Wil Matthews provided a letter detailing the reasoning behind the format and explaining how the time has been reduced as much as possible. Indicating that the event had BID support, Mr. Auger stated the President, Stacy Kaplin, was present this evening, together with Wil Matthews, Promoter, both of whom could address the issue. He reported that a letter had also been received from the BID Director, Joanne Webster, documenting their support. Tony Szanto, Rafael Jewelers, Inc., Fourth and "B" Streets, San Rafael, indicated he had owned this store for approximately fourteen years, and it had been in the community for approximately sixty years. He reported that one of his managers would distribute two important documents: • A list of merchants who had signed the "petition" indicating that the event as it is presently handled is putting tremendous pressure on merchants; and • A paper where merchants could explain their feelings on the event in their own words. Mr. Szanto stated that in 2001, the event essentially paralyzed his business, explaining that whereas, on an average Saturday they conduct somewhere in the region of $7,000 - $10,000 worth of business, this figure would be very close to zero on the day of the bike race, which has quite an impact. He reported that as a result of last year he attempted to garner support, including consulting SRCC Minutes (Regular) 07/15/2002 Page 4 SRCC Minutes (Regular 07/15/2002 Page 5 with the City Manager, and having attended a selection of BID meetings this year, he discovered that the grand total of his efforts resulted in the fact that the streets would be opened at 3:00 or 3:30 p.m. Noting Mr. Auger's comments, Mr. Szanto stated the impact on downtown businesses would be similar, as people would not come to downtown at 3:30 p.m. to conduct business. Mr. Szanto stated that in circulating the petition he approached forty-four merchants, forty-three of whom signed, which was important to him as he did not wish it to be merely his personal belief. Explaining that the merchants are not against the bike event or requesting its cancellation, Mr. Szanto stated their request is for a more aggressive evaluation to be conducted on how to make the event work more compatibly with the most important day of the week for 98% of the merchants. In this respect, he requested that changing the times, or possibly changing the route should be further explored. Alluding to the BID meetings he attended, Mr. Szanto indicated he did not find them to be very productive and putting a lot of value on his time, he did not see the point in continuing discussions when there was evidence of a reluctance to become involved in dialogue with him. He found Mr. Matthews' comments that the race could not be started earlier to be ridiculous, explaining that world class events, such as the New York Marathon and Tour De France, utilize different routes every year. He believed the idea that the Bike Race could only take place on this route and only in this part of downtown San Rafael to be highly questionable. He also believed the notion that World Class Bike Racers only excel at certain times to be rather preposterous, knowing the enormous pressure imposed on merchants. Mr. Szanto stated the whole idea is to attempt to find a solution that is first and foremost contributing to the success of the downtown merchants and not merely to some world-class bike athletes and a promoter. He explained that not only does it shut down businesses, rather at the conclusion, he predicted that at least seven or eight people would declare their disappointment at not being able to reach the store. He, therefore, believed it not merely to be a matter of business and making money, but a matter of serving customers, many of whom would be very upset at the end of the event should his store only be open to the public at 3:30 or 4:00 p.m. He reiterated his appreciation of what Councilmembers were attempting to accomplish and applauded the desire to stage events in downtown; however, the merchants believe there should not be a collection of events that totally paralyze the economic vitality of downtown. Marty Avner, Electronics Plus, Inc. San Rafael, stated his business has been in operation in San Rafael since 1969; three generations of his family work with him, plus at least twelve other employees. Mr. Avner explained that Saturday is an important business day for him, although he is not solely dependent on walk-in business, rather his business has become a destination location. He stated he runs advertising in every telephone directory in the Bay Area, as well as newspaper advertising, and believed he attracts more people to San Rafael than any other, his business being just about the last of its type in the whole Bay Area. Mr. Avner stated that normally on Saturdays his business receives approximately 250 customers; however, with the staging of the bike event, this amount will be reduced to between 75 and 100. He added that they receive some 20 — 40 calls on Saturdays from people requesting specific types of merchandise; however, driving from places such as Oakland or San Francisco, and being unable to locate parking in the vicinity, they return home. He reported he subsequently would be required to ship the item, meanwhile the customer has been inconvenienced both monetarily and time -wise. Mr. Avner concluded that it is an inconvenience to business people in San Rafael to have this type of event potentially close their businesses down. He explained he does not actually close, being a seven-day business; however, believed a lot of businesses would close if they could because of Saturday events. He stated he would appreciate any assistance forthcoming in this respect. Leonard Ginsberg, Raffles Fans, San Rafael, stated they had been in business on the corner of Fourth and "C" Streets since 1979. He indicated that the event last year cut conservatively 80% of his business, approximately $10,000, and reported having received approximately 75 cellphone calls that day requesting directions and parking locations. He stated it was necessary to get the product to the cars of those who eventually succeeded in getting to his store, which in some cases were 6 blocks away. Mr. Ginsberg stated that those who did not prevail would not always return, favoring other locations. He requested Council's assistance with this issue. Being cognizant of the fact that a lot of people are drawn by this event, some of whom would become aware of the existence of certain stores for the first time, Councilmember Phillips inquired whether to some degree, an opportunity could be missed for present or future business. Responding, Mr. Ginsberg stated he was not aware of a single person indicating their presence was because of the bike race. He explained that each time a sale is transacted they inquire as to how the customer became aware of their business, adding that they conduct substantial advertising and SRCC Minutes (Regular) 07/15/2002 Page 5 SRCC Minutes (Regular 07/15/2002 Page 6 sell mostly to those residing outside of San Rafael Lewis Hemapala, Elegant Futons, San Rafael, stated his business is located between "D" and "E" Streets on Fourth Street. He reported having been in business for the past six years with 50% of his sales taking place on Saturday and Sundays; however, on the bike race day his sales amounted to zero. Mr. Hemapala explained that most of his customers emanate from outside of Marin County and come to pick up merchandise over the weekend; however, have been unable to so do on race day as both "D" and "E" streets are blocked, with his store in between. Mr. Hemapala stated he would appreciate Council dealing with this matter. Rick Oliva, Oliva Optical & Hearing Company, Fourth Street, San Rafael, stated they were a second- generation family business, care about San Rafael and are not against bike races; however, from his perspective, he did not believe the event was positive. He explained he was scheduled to fit a disabled person, driven by his son, with a hearing aid on Saturday; however, even with a handicapped sign displayed, they were unable to get anywhere near Mr. Oliva's office to park. This resulted in the patient having to walk approximately four blocks and arriving out of breath; he believed this customer would not return. Mr. Oliva stated that while the bike race was seen as positive, it was considered inappropriate to stage it on a major business day. He commented that there would be no question of closing the roadway around Northgate Mall on a Saturday; therefore, attention should be paid to the merchants' opinions. Mr. Oliva stated he did not believe the BID necessarily reflected the views of all merchants. He indicated they understood the attempts to improve San Rafael and bring people downtown; however, requested Council consider customers attempting to reach certain businesses on Saturday when all the roads were closed. He suggested that the route could be changed, the event could begin earlier and next year, it could be held on Sunday. He stated the bike race was not being run for the convenience of the bicyclists, and while the intention is to promote downtown San Rafael and the merchants and bring people into San Rafael, he believed more in-depth consideration was necessary. He indicated that a lot of the merchants not reflected by the BID are those who do not have multiple employees, such as Autodesk, and who cannot attend every BID meeting commencing at 8:00 a.m. In this respect, he informed Council that an important segment is being missed. Mr. Oliva stated it was his opinion that a number of people did not attend this evening in the belief that Council had already made their decision, an opinion and view he gleaned from the BID, as last year they already had the schedule printed for this year. He stated it was his understanding the BID wished to run the race on Saturday to make it more convenient for the master cyclists to attend, and also, it correlates with the Sunday race in San Francisco. He commented that while it is convenient for the cyclists, he did not believe it was convenient for merchants or their customers. Commenting on those people who reside above stores on Fourth Street, Mr. Oliva indicated his surprise to learn that some of these people reported they could not get to their cars. He reported that two years ago he encountered a problem gaining access to his store for an appointment with the disabled gentleman previously referred to. To clarify, Mayor Boro inquired whether Mr. Oliva was restrained from walking up Fourth Street to his store. Responding, Mr. Oliva stated he was in his car and was being precluded from driving into the off-street parking area at the back of his office, prior to the commencement of the race. Mr. Oliva reported he resides on "B" Street in Sausalito which used to be closed down for a race event; he was in favor of this because the race was staged on a convenient day, attention was paid to the residents, they were assisted in gaining access to their driveways, planning was better, the event was better organized and more assistance was available to those entering and exiting. He stated that closing Fourth Street on a Saturday is not a smart decision economically for the merchants, those residing above (the stores), or customers. Councilmember Heller stated staff had indicated having reduced Saturday closings to two, and inquired whether the Car Parade, the second event, had as big an impact on business. Mr. Oliva stated that in some ways it was different in that people could walk back and forth. He indicated he was not opposed to having the race staged on a Sunday in future, and while recognizing the convenience for the bicyclists by running the event on Saturday, he questioned whether the event was being run for the convenience of those in San Francisco or to promote San Rafael and the merchants. He believed there could be a smarter way to deal with this and that everyone needed to work somewhat harder next year, understanding that, perhaps, nothing would change for this year. He commented that all of the signatories could attend a Council meeting next year, recognizing the difficulty of attending the BID meetings. SRCC Minutes (Regular) 07/15/2002 Page 6 SRCC Minutes (Regular 07/15/2002 Page 7 Mayor Boro invited Wil Matthews to the podium and posed two questions: 1) Why Saturday versus Sunday, and the impact on the race should it be held on Sunday; and 2) Whether there is further leeway regarding the hours? Responding, Wil Matthews, San Rafael, explained that the bike race is fortunately linked with the San Francisco Grand Prix to be held on Sunday, September 15, 2002, featuring Lance Armstrong. He stated this is an advantageous position as San Rafael can join the ranks of Miami, Philadelphia, San Francisco and New York City in hosting the four weekends of the pro cycling tour, this being San Rafael's second year as part of this elite series. He reported that the top cyclists nationally will take part and commented that last year, cyclists from six other countries participated. Mr. Matthews stated he would like to be in a position to move the event to Sunday to accommodate more of the merchants; however, to do so, would diminish partnership with the San Francisco race, which takes place on Sunday. He explained that if San Rafael wishes to be a part of this, it is necessary to stage the event on Saturday. With regard to the hours, Mr. Matthews stated he had listened and through more expedient setup and tear down, and a decrease in the actual events running, a substantial amount of hours had been trimmed. He reported having had discussions with Brian Auger, Events Coordinator, to evaluate means of increasing efficiency for setup and tear down and indicated that Mr. Auger had assisted him in generating a lot of innovative solutions. Mr. Matthews stated that the schedule is significantly shorter with earlier traffic reopen time at the end of the day. Mayor Boro inquired as to the feasibility of concluding the event at 2:00 p.m. instead of 2:30 p.m. Mr. Matthews indicated he could get back with the answer. Councilmember Phillips inquired with regard to the location. Mr. Matthews explained that a lot of the success of an event such as this is attributed to the venue, and the vibrant downtown lends itself perfectly to this event. He stated a lot of energy is generated with the assembly of a great number of spectators, who, together with the media, sponsors and athletes, are in a position to access the centrally located downtown. He confirmed it is an easy trip from San Francisco and as of this year, a lot of those racing in San Francisco will be accommodated in San Rafael hotels. Mr. Matthews emphasized that the magic and excitement of an event such as this would certainly be absent should it not be held in some type of vibrant downtown neighborhood, like San Rafael. From his competitive cycling background and traveling all over the country, he reported this is one of the best venues, not only one of the most picturesque and easy to access, but also one of the safest. Councilmember Heller stated that one of the points raised related to whether there could be any change in the route. Mr. Matthews stated he was presented with this question last year and considered it seriously, walking the streets and measuring some of the intersections. He reported it is not really possible to hold an international or national class event on some of the other streets. He stated that having considered Fifth and Mission mostly, he concluded they lacked the safety factors necessary. Identifying the present route, i.e., Fourth to "D" to Fifth to "A", he explained these have big wide corners. The alternatives did not offer this level of safety and could not accommodate this level of racer. Stacy Kaplin, President, Business Improvement District, stated she has a business called "Bella" on Fourth Street. She reported that when Wil Matthews first proposed the event his passion for the race and what it could do for San Rafael was very evident. She stated that as the President of the BID and a business owner on Fourth Street, she was very much in favor of the event. Also, as a business owner, Ms. Kaplin understood that it affects the day's totals; however, from experience of a similar event in San Anselmo, believed it to be important to be aware of the bigger picture. While she understood some businesses would be affected more than others, she believed the overall benefit to the community should be taken into consideration. Ms. Kaplin stated she appreciated the forthrightness and passion of Wil Matthews to make this event the absolute best it can be for the City of San Rafael. As an organization, Ms. Kaplin stated that she and the Director of the Business Improvement District, Joanne Webster, supported the event. Responding to a member of the audience concerning the use of Second and Third Streets, Mayor Boro clarified that these streets are cross -county connectors, carrying major traffic. Barry Smail, San Rafael, inquired as to the feasibility of a Monday event. Mayor Boro stated that in his opinion the first problem to be encountered would be that all of the other businesses, offices, etc., would have a problem with Monday. Reporting that each of the merchants were noticed of this evening's meeting, Economic SRCC Minutes (Regular) 07/15/2002 Page 7 SRCC Minutes (Regular 07/15/2002 Page 8 Development Director Nancy Mackle stated one of the reasons for initiating this discussion in July was to afford businesses time, should Council approve this action, to work with their customers, apprising them of this forthcoming event, and possibly scheduling furniture pick-up, etc., for later in the afternoon. She indicated that other improvements for marketing and promotion could be made. Understanding the difficulty of getting to and from stores while the event is taking place, Events Coordinator Brian Auger stated that pedestrian improvements would be initiated in the form of additional personnel assisting pedestrians getting to and from city streets, and even more importantly, making people aware they can get into town. He indicated that parking signage would be available to direct those not just in town for the race to available parking, and then rendering assistance in getting to the downtown. Mr. Auger stated there would be a lot of structure involved in the advertising, and noting a comment regarding a merchant being unable to get to his own business last year, believed it to have been a common sense mistake. He reported that staff would be part of the planning process discussions and would be instructed that anyone with a legitimate reason for being downtown, together with the handicapped, should be assisted. Councilmember Heller stated that last year she did have occasion to go downtown and appreciated the assistance given to those crossing streets. Referring to the schedule included in tonight's packet, Councilmember Cohen noted there were two races listed, i.e., First Race and Second Race, and requested further explanation as to what those races are and what role they play in the event. Wil Matthews explained that the two beginning races are support races that are just about at the professional level: • A Masters Men's Race that brings in riders from coast to coast and basically consists of masters racers who were former professionals; and • The California -Nevada Elite Championship Finale. San Rafael is also privileged to host this event consisting of neo -pro racers, and is probably the highlight of their sub -pro careers. Mr. Matthews stated the event also attracts a full field of racers from outside California and Nevada because of the fact that it is a high profile event. Councilmember Miller stated he views this event and the role it plays in terms of promotion of the downtown. He noted Saturday events had been reduced to just two and from his understanding, this particular event highlights San Rafael in a very positive manner, with Bay Area and national media coverage, and also the fact that it is tied in with the San Francisco event. He believed it to be a very valuable asset in terms of the promotion of the downtown and the City and is very contributory to the business environment, lasting throughout the remainder of the year. Mayor Boro stated that as a result of the input received last year, all events were reviewed, resulting in reducing Saturday events to two. He noted the hours of this particular event had been shortened and requested staff evaluate a further reduction of a half hour. Mayor Boro commented that the streets are for all citizens of San Rafael and Marin County, noting that endeavors had been made to promote the City and Downtown in the past several years in a way to entice people to come. He indicated that ten years ago, people were reluctant to go to the downtown, intimating there was nothing to do and it was unsafe. Mayor Boro stated these sentiments are not being expressed any longer and reported that yesterday's (Sunday, July 14, 2002) Press Democrat contained an article depicting San Rafael and how it is the model for the City of Santa Rosa, a city three times the size of San Rafael. Mayor Boro stated that the events promoted are for families and are free. He believed it to be important to do this for the community, and while understanding the concern of the merchants, he indicated that somehow a way must be found to accommodate the needs of all. He noted that this is a prestigious bike race and gives the City visibility, while at the same time providing an entertainment opportunity for many people who otherwise would not have the chance to see it. He believed the reason the downtown has become vibrant and productive is due to the fact that people now come and see it and regard it as a venue for activity. Mayor Boro stated it is necessary to continue to be sensitive to the issues raised, to ensure commitments are honored and to investigate a further reduction of a half hour; however, he believed significant steps had been achieved since last year when it concluded at 4:30 p.m. He appreciated the support of the BID and while understanding the merchants' comments to the effect that some are unable to attend the meetings, he believed this to be their choice. Mayor Boro believed all the merchants to be members of the BID and he looked to the BID to advise the City on events. He indicated he also listens to those who may not agree with them; however, in this case, believed staff had taken some great strides to accommodate the merchants' needs as far as possible. SRCC Minutes (Regular) 07/15/2002 Page 8 SRCC Minutes (Regular 07/15/2002 Page 9 Mayor Boro stated he was of the opinion that staging this event on Sunday would not work. He requested that Events Coordinator Brian Auger evaluate some of the supplemental issues to ascertain what could feasibly be done; however, he truly believed this is of benefit to the entire community, not only San Rafael, but all of Marin, and promotes the City in a very positive way. He believed that with the exception of the two Saturdays under discussion, this is being done with minimal impact on merchants and simultaneously, hopefully, promoting the downtown so the merchants in the long term will truly benefit. Councilmember Heller stated that subsequent to feedback from last year the event was evaluated to reduce the impact on merchants. She noted that of the now only two Saturday events, the Car Parade had a lesser impact. Councilmember Heller agreed the City could assist in getting information out to customers and advising them to come in early or perhaps at the end of the day. She believed the event should go ahead as planned for this year and renegotiate it next year should it continue to be a great hardship. Councilmember Heller stated she favored changing the route somewhat, noting Mission Avenue was not conducive to bicycles. She was aware of the necessity for wide turns, commenting how thrilling it is to watch the race. She suggested that perhaps the Business Improvement District could change the time of their meetings to facilitate the merchants, once in a while. Indicating he received some first-hand knowledge of last year's race due to an employee's and members of the Olympic Club's participation, all of whom spoke highly of the event, Councilmember Phillips stated that in reviewing the comments, he noted there were quite a few recommendations for a Sunday event, and this appeared logical. However, when reviewing the reasons for Saturday and not Sunday, it becomes obvious that Saturday is not arbitrarily selected. He believed it to be somewhat unfortunate that the merchants do not seize the opportunity to promote their businesses and gain exposure during this period of time when many participants are in the downtown. Councilmember Phillips indicated his agreement with the positive aspects of the event; however, wished there could be another location, which could create the best of both worlds within the City, as the event is such a draw. He did not believe it necessarily had to take place downtown for the convenience of the spectators; however, the safety of the cyclists was a major concern. He encouraged the exploration of other locations, trimming the hours where possible, whether the other non-professional events would participate on a different day or at a different location, having two events running simultaneously, etc. He stated that perhaps there could be other options for compromise; however, in the absence of these at the moment, he agreed with the other Councilmembers this event is something that should be supported. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution. On the motion, Councilmember Cohen stated he favored Mayor Boro's request to explore every opportunity of reopening the streets an hour or half-hour earlier to facilitate pickups, etc. He requested the promoter and City staff look at the schedule to evaluate what could be done in this respect, as it could address some of the concerns expressed this evening. While supporting the event, he believed that reducing the hours would at least demonstrate some responsiveness and assist when analyzing the event for next year. Mayor Boro confirmed this attempt to shorten the hours would be expressed as a sense of the Council. Economic Development Director Nancy Mackle stated that staff would evaluate this thoroughly with the promoter and report back to Council in the weekly report. RESOLUTION NO. 11138 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE SAN RAFAEL CYCLING CLASSIC ON SATURDAY, SEPTEMBER 14, 2002, FROM 8:30 A.M. TO 3:30 P.M. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None With regard to next year, Councilmember Cohen recalled that some years ago a race took place at the Marin County Civic Center and inquired whether staff had ever considered this venue. Mayor Boro indicated he would not necessarily promote relocating the event to the Civic Center; however, alternatives would certainly be explored. SRCC Minutes (Regular) 07/15/2002 Page 9 SRCC Minutes (Regular 07/15/2002 Page 10 NEW BUSINESS: 12. RESOLUTION ACCEPTING A PROPOSAL FROM GROUP 4 ARCHITECTURE, RESEARCH & PLANNING, INC. FOR THE "SEISMIC, MODERNIZATION AND DEFERRED MAINTENANCE STUDY" IN AN AMOUNT NOT TO EXCEED $192,685 (PW) — FILE 4-3-412 x 12-1 x 12-2 x12-3 x 12-15 x (SRRA) R-446 Public Works Director Dave Bernardi stated this Resolution requests authorization for Mayor Boro to sign an agreement to hire the firm of Group 4. Providing background, Mr. Bernardi explained that a number of years ago when staff discussed the Council's Goals and Objectives with regard to the City's aging infrastructure, the first goal was to complete a fleet study, which has been accomplished and adopted by the Council. He indicated that the next step in the analysis of infrastructure is to conduct an assessment of public buildings. In the wake of September 11 and the involvement with Urban Search and Rescue activities, staff determined it would be appropriate to expand the analysis of structures to uses considered essential facilities. He reported that on the second page of the report staff had identified those facilities, namely the Fire Stations, which of course need to respond in a seismic event, City Hall, Police Station and two Recreation Centers, Terra Linda and San Rafael, which would be the recipient of evacuated persons, if necessary. Mr. Bernardi reported that staff conducted a series of interviews with different consultants, and Group 4 was deemed to be the consultant appropriate to perform the work. He indicated that Group 4 is presently working for the City with regard to the Pickleweed Park Expansion. Mr. Bernardi stated that the actual project consisted of a series of milestones. He indicated that meetings will take place along the way involving City staff, and providing a status report to Council on the results of the analysis in order to be in a position to make determinations on the types of work to be done. Mr. Bernardi stated this work will be accomplished by the end of the year. Regarding the fiscal impact, Mr. Bernardi stated that $60,000 was budgeted in the 2001-2003 budget for a Facilities Deferred Maintenance Study, and recently $100,000 was reallocated from the Council Chamber Upgrade project to expand the scope of this work. Mr. Bernardi stated that in order to fully fund the project, staff is requesting the allocation of an additional $35,000 to the project from the General Fund. He recommended adoption of the Resolution. Councilmember Heller inquired as to the timing of the report. Responding, Mr. Bernardi stated it would be completed by the end of the year. Mayor Boro stated staff indicated they would like a sub -committee of two from the City Council to work with them as the process is developed and requested those interested to let him know. Councilmember Miller volunteered and Mayor Boro indicated that perhaps he would also. Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 11139 — RESOLUTION ACCEPTING A PROPOSAL FROM GROUP 4 ARCHITECTURE, RESEARCH AND PLANNING, INC. FOR THE "SEISMIC, MODERNIZATION AND DEFERRED MAINTENANCE STUDY" IN AN AMOUNT NOT TO EXCEED $192,685 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. CONSIDERATION AND APPROVAL OF CITY MANAGER'S COMPENSATION (CA) — FILE 9-3-11 x 7-3 Mayor Boro recalled that Councilmember Cohen and he were requested to represent the City Council in evaluating the compensation plan for the City Manager. He stated that a Resolution attached to the staff report deals with certain contractual agreements being updated from the last discussion with the City Manager. Mayor Boro reported that City Manager Gould had completed his fifth year with the City of San Rafael and had done an exemplary job in serving the City. He agreed the City was fortunate to have Mr. Gould, and while currently out of town attending a Management Development course and "getting smarter", Mr. Gould certainly had made a big impact on the City in assisting in the achievement of the many Goals and Objectives for the community. Councilmember Cohen reported several items were discussed with the City Manager. He noted the list was fairly short given the fact that the changes to the Employment Agreement were discussed SRCC Minutes (Regular) 07/15/2002 Page 10 SRCC Minutes (Regular 07/15/2002 Page 11 and contemplated last year; however, the contract was not reopened to memorialize the changes. He explained that the three items with respect to the contract modification to be voted on this evening were actually discussed and agreed to a year ago and are as follows: 1) Change in termination and severance pay to bring it more into line with the industry standard; 2) Increase in annual bonus from 5% to 7% of annual salary; and 3) A change under the Vehicle Allowance clause which gives the City Manager the option of either taking the vehicle allowance or using a City vehicle. Councilmember Cohen believed this to be an option offered to other department heads and this modification is merely inserting the fact that the City Manager has access to this option also. Additionally, Councilmember Cohen reported the issue of salary and bonus was discussed. Having evaluated comparable salaries and in light of the economic climate, a salary increase of only 2% is being recommended; however, in light of Council's evaluation of the City Manager's performance, which is reflected in the overall performance of the organization, the full 7% annual performance bonus is being recommended for the past year. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution. With regard to the Employment Agreement - 1. — Section IX — Involuntary Termination and Severance Pay, B., Councilmember Phillips questioned whether it was appropriate to state that in the case of involuntary termination, the City could request the City Manager remain at work. Regarding the clause "In the event of involuntary termination and the City requested the City Manager to remain at work, pending the selection of a new City Manager", Councilmember Cohen stated this clause is only triggered if both these situations occur. He could not envision what circumstances would lead to termination and the City Manager is then requested to remain until a successor was appointed. Councilmember Phillips indicated he inadvertently overlooked the "and". Councilmember Cohen stated it was his understanding that should the City Manager be involuntarily terminated and he is requested to remain at work, a new contract would be required to be negotiated for this period; however, he found it difficult to create a scenario of such an occurrence. Having written Section `B', City Attorney Gary Ragghianti stated it is lifted from a document given to him by City Manager Gould and reported that from discussions with Mr. Gould, he was satisfied that should Council not wish to include this clause, Mr. Gould would not be offended. Mr. Ragghianti stated he did not believe it detracts from the contract or adds anything to it; however, he was uncertain as to whether Mr. Gould would wish to remain having been terminated. He indicated that while it need not remain, he believed it to be a neutral clause; he had written it in this form to ensure that the language which ends that paragraph was clear, in that if for some unimaginable reason, the City wished the City Manager to remain, and he was willing to do so, a quick agreement would be required to be achieved, or he would not remain. Mr. Ragghianti stated that should Council either retain or remove this language, having discussed the situation with him, Mr. Gould would be comfortable either way. Upon further reflection, Councilmember Phillips stated there was sufficient latitude because of the language "and City requests" and, therefore, should there be no request, by definition, it does not apply. RESOLUTION NO. 11140 - RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A MODIFICATION TO THE EMPLOYMENT AGREEMENT OF ROD GOULD, CITY MANAGER AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Noting the Resolution addresses modifying the employment agreement, Councilmember Cohen stated the salary increase referred to is not listed, nor does it indicate in the motion that the full 7% of salary performance bonus is being granted, and inquired whether a separate motion was necessary for clarification of the record. Responding, City Attorney Ragghianti stated it would be wise to make the record clear, as, if the intention of the Council is to grant the City Manager the 7% performance bonus immediately, it should be clearly stated in the record. He intimated that in writing Section 2, he was unclear as to whether the 7% applied to the current year or was retroactive. He referred to page 10 of the Minutes of the City Council Meeting dated July 2, 2001, quoting "Based on Council's evaluation of the City Manager's performance, SRCC Minutes (Regular) 07/15/2002 Page 11 SRCC Minutes (Regular 07/15/2002 Page 12 Councilmember Cohen stated this includes the 5% performance bonus currently anticipated under the existing employment agreement with Mr. Gould, which is the maximum amount." Mr. Ragghianti inquired whether the 7% bonus was intended to be awarded for past work or whether it would be awarded, if deemed appropriate by Council, at the end of the year. Councilmember Cohen recalled having discussed the potential bonus amount last year and this has now been done. Based on the performance evaluation, Councilmember Cohen moved and Councilmember Miller seconded, that under the amendment just adopted, the City Manager's Annual Bonus be set at 7% of annual salary for fiscal year 2001-2002 and furthermore, effective July 1, 2002, the City Manager's Annual Salary be increased by 2%. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCILMEMBER REPORTS: 14. None. Cohen, Heller, Miller, Phillips and Mayor Boro None None There being no further business, the City Council meeting was adjourned at 9:33 p.m. and Mayor Boro announced that Council would resume Closed Session with item 1 b). CLOSED SESSION — CONFERENCE ROOM 201: 1 b) Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Lydia Romero, Daryl Chandler Employee Organizations: San Rafael Fire Chief Officers' Association San Rafael Fire Association San Rafael Police Mid -Management Association San Rafael Police Association Marin Association of Public Employees, Supervisory Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 Marin Association of Public Employees, Childcare Unit, SEIU Local 949 At the conclusion of Closed Session 1 b), at 10:50 p.m., Mayor Boro announced that no reportable action was taken. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12002 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 07/15/2002 Page 12