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HomeMy WebLinkAboutCC Minutes 2003-03-03SRCC Minutes (Regular) 03/03/2003 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 3, 2003 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 6:00 PM: Mayor Boro announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 —6:00 PM: Present: Albert J. Boro, Mayor Gary 0. Phillips, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller Councilmember Cyr N. Miller, Councilmember Absent: None a) Conference with Legal Counsel — Anticipated Litigation Government Code Section 54956.9(b)(3)(A) One Case b) Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9(a) Case Name: Ralph Chubb v City of San Rafael WCAB Nos.: SFO 0438445; SFO 0438446 c) Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9(a) Case Name: Christopher Robles v. City of San Rafael WCAB Nos.: SFO 0436446; 0436447; 453724; 453725; 453726 Assistant City Attorney Gus Guinan announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM a) Re: Breast Cancer: - File 13-1 William Carlson, Disease and Cancer Researcher, Nevada, indicated he was born in San Rafael and is an herbicide, pesticide, fertilizer and chemical warfare expert from the army. Recently, he had been the chemical expert on the cancer cluster in Nevada, near the Naval Airbase, and also in the agricultural area of northern Nevada where three children had died in the past eighteen months. He indicated he was checking on the 9 cases in a middle school in Reno, as well as on chemicals in Marin County. Mr. Carlson reported he is applying for a federal grant of $250,000 from the Environmental Protection Agency to check on water systems and indicated he is seeking support for this application from the Marin County community. b) Re: Marin County Open Space District — Policy Review Initiative: - File 13-14.1 Ron Miska, Assistant General Manager, Marin County Open Space District, stated this year, the Open Space District celebrates its 30th Anniversary and in recognition of this milestone, had initiated an effort to review key policies that guide the use and management of the 14,000 acres of public open space owned by the District and entrusted by the citizens of Marin County. He invited the City Council and residents of San Rafael to participate in this process, through which the District would achieve a direction and clarity of purpose to guide its actions on behalf of the public for the next ten to fifteen years. Mr. Miska explained that the Open Space District's mission is to enhance the quality of life in Marin through the acquisition, protection and responsible stewardship of ridgelands, baylands and other environmentally sensitive lands targeted for preservation in the Marin Countywide plan. The fact that the District had acquired as much land as it has was an outstanding achievement, especially considering its modest resources in comparison to similar agencies in the Bay Area. He stated they had played no small part in creating the mosaic of city and town that is Marin. In East Marin particularly, he indicated they had created an extensive greenbelt that embraces most of Marin's cities and towns, providing beauty, helpful recreation and educational opportunities. Mr. Miska reported that this degree of success had been achieved largely through partnerships with other agencies, with Marin cities and towns and with neighborhood groups and the desire is to renew and strengthen these partnerships by encouraging participation in the policy review initiative. Indicating that unresolved questions of land stewardship are a critical challenge to the district as it enters its third decade, Mr. Miska reported that many of the District's policies were developed shortly after its inception SRCC Minutes (Regular) 03/03/2003 Page 1 SRCC Minutes (Regular) 03/03/2003 Page 2 and remain unchanged. Some policies are unclear and are open to wide interpretation and in some cases, policy is simply lacking. He stated that Marin's population had changed over the past thirty years; therefore, it was time to check back with the public. Mr. Miska reported that on February 25, 2003, the Open Space District's Board of Directors launched the Policy Review Initiative. He explained that the project would take up to eighteen months and would focus on eleven policy areas: Trail use, Parking, Visitor Amenities, Endangered Species, Non -Native Plants and Animals, Fire Management, Camping, Access for the Disabled, Public Outreach and Acquisition and Management of Public Trail Easements, together with Core Policy. He indicated that in mid-April, the District would begin a public outreach effort to include press releases, newspaper advertisements and the placement of informational kiosks at well -traveled venues throughout the county, and in particular, in each Supervisor's district. Mr. Miska stated that shortly thereafter, two surveys would be conducted to test alternative policy directions in each policy area; individuals would be able to participate in the surveys via the Internet and by mail. He stated that an important reference for policy decision makers, survey respondents and the general public would be a set of White Papers, one for each policy area, that would be available on the Web and in hard copy. He indicated that these White Papers would describe current policy, how that policy manifests itself through the District's actions and practices, alternative policy directions and the policies of similar Open Space Agencies in the Bay Area. The completed surveys would be analyzed and the results reported in a written report and at a series of five facilitated public meetings to be held in early Fall. Only after these public meetings would staff be given direction to sustain current policy, or draft new policy for each policy area. Mr. Miska indicated that pursuant to the draft policies undergoing environmental review, they would be considered for adoption at public meetings of the Marin County Parks, Open Space and Cultural Commission and the Open Space District Board of Directors. Mr. Miska stated that public open space is a defining element of Marin's communities and contributes immensely to the quality of life enjoyed in Marin. Of all public lands in Marin, he indicated that those of the Open Space District are closest to where the great majority of Marin's population lives. He welcomed and encouraged participation in this process to help set the course for the future. Jean Starkweather indicated she is a member of the Parks, Open Space and Cultural Commission of the County, which is advisory to the Open Space District. She reported that in 1972, when the District was formed by a vote of the public, people thought of open space as rather private open space near them, i.e., they thought of the open space in their neighborhood as their own and also considering it a divider between cities. As time went on, people from different neighborhoods wished to explore others' open spaces, consequently visiting and parking in other neighborhoods, which created parking problems. Ms. Starkweather reported that the Open Space District tried very hard to make this a very local open space district so that it really related to the community; however, knowledge of open space spread over the years. Also, new people moved in over time and were not aware of the basic philosophy of the Open Space District. She believed this thirty-year point appeared a good time to take stock and consider whether there should be new direction, or continue with that currently. She thanked the City Council for their assistance. Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meetings of Minutes approved as submitted. Monday, February 3, 2003 and Tuesday, February, 18, 2003 (CC) 4. Resolution Approving Sandy Greenblat as RESOLUTION NO. 11267 — Recipient of the Richard P. O'Brien Citizen of the RESOLUTION APPROVING SANDY Year Award (CD) — File 262 x 9-3-85 x 102 GREENBLAT AS RECIPIENT OF RICHARD P. O'BRIEN CITIZEN OF THE YEAR AWARD 5. Approval of City Council Five-year Goals and Approved City Council Five-year Two-year Priorities (CM) — File 8-5 Goals and Two-year Priorities, as presented. 6. Monthly Investment Report for Month Ending Accepted Monthly Investment Report January, 2003 (MS) — File 8-18 x 8-9 for month ending January, 2003, as presented. SRCC Minutes (Regular) 03/03/2003 Page 2 8. Resolution of Appreciation to Phyllis Huffman, Human Resources Analyst, Retiring with 18 Years of Service (MS) — File 102 x 7-4 x 9-3-86 9. Resolution Amending Resolution No. 10915 Pertaining to the Compensation and Working Conditions for Fire Department Personnel (3 year Agreement from July 1, 2002 through June 30, 2005) (MS) — File 7-8-2 x 9-3-31 10. Report on Bid Opening and Resolution Awarding Contract to Pat Nelson Construction, Inc. in the Amount of $158,683.00, Re Bret Harte Park Phase I Improvements, Project No. 11004 (Bid Opening Held on Tuesday, February 18, 2003) (PW) — File 4-1-556 x 9-3-66 11. Resolution Authorizing the Mayor to Execute an Agreement Between the City of San Rafael and Irwin Krantz Regarding Future Annexation of Real Property at 51 Montecito Road, APN 016- 041-72 and 016-041-73 to the City of San Rafael (PW) — File 5-2-108 SRCC Minutes (Regular) 03/03/2003 Page 3 RESOLUTION NO. 11268 — RESOLUTION OF APPRECIATION TO PHYLLIS HUFFMAN, HUMAN RESOURCES ANALYST, RETIRING WITH 18 YEARS OF SERVICE RESOLUTION NO. 11269 — RESOLUTION AMENDING RESOLUTION NO. 10915 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL (3 -year agreement from July 1, 2002 through June 30, 2005) RESOLUTION NO. 11270 — RESOLUTION AWARDING THE CONTRACT TO PAT NELSON CONSTRUCTION, INC. FOR BRET HARTE PARK PHASE I IMPROVEMENTS PROJECT IN THE AMOUNT OF $158,683.00 RESOLUTION NO. 11271 — RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND IRWIN KRANTZ REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 51 MONTECITO ROAD, APN 016- 041-72 AND THE ADJACENT VACANT PARCEL APN 016-041-73, TO THE CITY OF SAN RAFAEL AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro announced that item #7 would be carried forward and discussed after item #16 on this evening's agenda. Regarding item #3, Mayor Boro announced that as he had a conflict of interest, due to the fact that he owned stock in PG&E, he would leave the Council Chamber and Vice -Mayor Phillips would preside. 3. RE -ADOPTION OF RESOLUTION AUTHORIZING THE SIGNING OF A RIGHT -OF -USE AGREEMENT WITH SIGNATURE PROPERTIES FOR IMPLEMENTATION OF A NATIVE GRASSLAND ENHANCEMENT PROGRAM IN CITY OPEN SPACE (CD) — FILE 4-10-333 x 13-14.1 x 10-7 x 4-3-380 Community Development Director Bob Brown stated this was carried over from the previous City Council meeting, at which time Council approved the Right -of -Use Agreement for the native grassland enhancement on City open space. As Mayor Boro indicated, he had a conflict of interest relating to the PG&E property, the property being developed by Signature Properties, which was the genesis for this offsite grassland mitigation, and would like to have the matter reconsidered and re -voted on without his participation. Councilmember Cohen moved and Councilmember Miller seconded, to adopt the resolution. RESOLUTION NO. 11272 — RESOLUTION AUTHORIZING THE SIGNING OF A RIGHT -OF -USE AGREEMENT WITH SIGNATURE PROPERTIES FOR IMPLEMENTATION OF A NATIVE GRASSLAND ENHANCEMENT PROGRAM ON OAKHILL CITY OPEN SPACE AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Vice -Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT/ DISQUALIFIED: COUNCILMEMBERS: Mayor Boro SRCC Minutes (Regular) 03/03/2003 Page 3 SRCC Minutes (Regular) 03/03/2003 Page 4 Mayor Boro returned to the Council Chamber SPECIAL PRESENTATIONS: 12. PRESENTATION OF RESOLUTION OF APPRECIATION TO PHYLLIS HUFFMAN, HUMAN RESOURCES ANALYST, RETIRING WITH 18 YEARS OF SERVICE (MS) — FILE 102 x 7-4 x 9-3-86 For the benefit of the audience, Mayor Boro announced that Phyllis had been an employee of the City of San Rafael for the past eighteen years, working in the Police and Human Resources Departments, and had elected to retire. He expressed pride and pleasure for knowing and having worked with Phyllis. Mayor Boro stated that Phyllis was Employee of the Year in 1988, an indication of the high regard held for her by the employees of the City of San Rafael, as well as the City Council. He noted the Resolution of Appreciation addressed Phyllis' many accomplishments, from her outstanding work ethic and implementation of many technological improvements in the City, to most importantly, divulging she, in fact, was "Aunt Blabby" in the City's Employee Newsletter. On behalf of all present this evening, Mayor Boro congratulated Phyllis, wishing her well and thanking her for a wonderful job. Phyllis commented that she allowed everyone to assume Daryl Chandler was "Aunt Blabby" all this time; however, she owned up at the end, indicating she had a great deal of fun doing it. 13. PRESENTATION TO SANDY GREENBLAT, RECIPIENT OF THE RICHARD P. O'BRIEN CITIZEN OF THE YEAR AWARD (CD) — FILE 262 x 9-3-85 x 102 Mayor Boro reported that last year, in memory of Dick O'Brien, former Planning Commissioner, a Citizen of the Year Award was initiated and he was pleased to announce Sandy Greenblat as Citizen of the Year for 2002-03. Mayor Boro invited Mary O'Brien, wife of Dick O'Brien, and Sandy Greenblat, who was completely surprised, to the podium and noted the Resolution addressed the many wonderful things Sandy had done for the City, together with the fact that he had been a resident of San Rafael since the early 1960s. Commenting that as a volunteer, Mr. Greenblat had been a "spark plug" in so many aspects of the community, Mayor Boro reported he had also been the Chamber of Commerce Board President, noting everyone was so appreciative of the work he had done and this was a community means of saying thanks. Mary O'Brien stated San Rafael was lucky to have Sandy Greenblat as a citizen and she was sure Dick was very happy Sandy had received this award. She thanked him for making San Rafael that much nicer. Mayor Boro announced that Sandy would be honored at the Annual State of the City Dinner and would receive a stipend of $2,500 and award. Sandy Greenblat stated he remembered Dick O'Brien very well from the years he was first becoming active in the community and Dick was on the Planning Commission. He thanked the San Rafael community and Elissa Giambastiani, President, San Rafael Chamber of Commerce, indicating he enjoyed San Rafael very much and would continue his endeavors to make it a better place. Mayor Boro reported that J. Michael Mahoney, a good friend of Dick O'Brien's, sponsored the endowment of this award. As there was a death in his family, Mr. Mahoney could not be in attendance this evening; however, it was hoped he would be present at the Annual State of the City Dinner also. He indicated that Mr. Greenblat's name would be inscribed on a plaque in City Hall and announced there would be a short refreshment break. SRCC Minutes (Regular) 03/03/2003 Page 4 SRCC Minutes (Regular) 03/03/2003 Page 5 PUBLIC HEARING: 14. Public Hearing - RE: ACQUISITION AND CONSTRUCTION OF A PUBLIC PARKING GARAGE: (CM) — FILE 2-9-26 x 9-3-87 x 12-14 x 9-3-11 x FA -5 a) CONSIDERATION OF ADOPTION OF AN ORDINANCE APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A SITE AND FACILITIES LEASE AND A PROPERTY LEASE RELATING TO THE SAN RAFAEL JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2003 (PUBLIC PARKING PROJECT) AND THE FINANCING OF A PUBLIC PARKING GARAGE LOCATED ON THE NORTH SIDE OF THIRD STREET FROM C STREET TO B STREET b) CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN FINANCING DOCUMENTS AND DIRECTING CERTAIN RELATED ACTIONS IN CONNECTION WITH FINANCING CERTAIN PUBLIC CAPITAL IMPROVEMENTS Assistant City Manager Ken Nordhoff reported this was a companion to an item the San Rafael Joint Powers Financing Authority took action on earlier this evening. He indicated it was a series of documents related to issuing parking bonds, specifically committed to constructing a 400 -space facility at Third and C Streets. He reported staff had been working on this project for in excess of two years and these were the necessary financing documents. Mr. Nordhoff stated that the Authority that took action earlier would actually be issuing the bonds and as part of that transaction, the City would enter into a lease arrangement. The lease payments would provide a revenue stream to the Financing Authority, which in turn would pay the bond holders for money due them, in six-month increments beginning after the date of issuance of the bonds, probably some time in mid April. He noted this evening's packet also contained leases, continuing disclosure documents (a requirement by law to discuss each year the financial status and any significant issues that may have occurred subsequent to issuing the bonds), together with a bond purchase agreement. Mr. Nordhoff stated that whether this would be a competitive bond sale or negotiated procurement was left open, indicating he would be working with Craig Hill (Jones Hall) to reach a decision this week. Some bids were received from various underwriting firms to look at negotiated sale, and subsequent to evaluation, a final determination would be made. Mr. Nordhoff explained that the purpose of this is to attempt to find the best way to get into the market and obtain the best interest rate possible. Regarding the proposed ordinance and resolution, Mr. Nordhoff explained that the property lease is subject, according to the City Charter, to being approved by ordinance rather than resolution, and the resolution relates to the other documents. He stated staff recommended passing the ordinance to print and adopting the resolution, noting that he, Craig Hill and Dave Fama would be happy to answer questions. Mayor Boro declared the public hearing opened. Harry Winters, President, West End Neighborhood Association, stated his question related to the connection between the City of San Rafael's bond ratings and those of the Redevelopment Agency. Having learned that the bonds are not issued by the City of San Rafael, rather by the Redevelopment Agency, and if for some reason, events did not materialize as planned, the Redevelopment Agency, conceivably, could go bankrupt. He questioned how this would affect the bond rating of the City of San Rafael. Mr. Winters stated he had been informed that the City is completely isolated from any liability the Redevelopment Agency would have should their financing cease; however, he found it difficult to understand the joint policy. Explaining, he stated that this evening, the City Council was considering financing arrangements as the City of San Rafael relating to this project. Should the Redevelopment Agency or the entire project not be financially feasible in the long term, he did not understand how it would not have an effect on the bond rating and the financial feasibility of the City as a whole. Mr. Winters indicated this was one of the questions to be raised at the annual meeting of his neighborhood association on March 18, 2003, and he would like to have some explanation to offer as to how the City is absolutely insulated from any problems the Redevelopment Agency might have, when the Council was acting this evening as the City of San Rafael on the financing portion of this project. Assistant City Manager Ken Nordhoff stated that the Redevelopment Agency had never been a consideration as part of this project, standing as a separate entity. He explained this was because the Agency does not have the financial capacity to back up these bonds, i.e., they do SRCC Minutes (Regular) 03/03/2003 Page 5 SRCC Minutes (Regular) 03/03/2003 Page 6 not have any taxes to pledge to support the bonds. He indicated that the bonds being issued are supported in a two-tier pledge: • The first tier to make the lease payments, which ultimately will pay the bondholders, is the City's Parking Services Fund; therefore, it is intended to collect sufficient money in parking operations to pay for the ongoing debt associated with the structure. Assuming this did not occur, Mr. Nordhoff stated the second tier of funding would come from the City's General Fund. This is the ultimate pledge to the financing. He indicated there is no pledge of financing from Redevelopment money whatsoever as part of this transaction. Mr. Winters stated this was completely different from what he had been told up until this evening, explaining he was informed that the Redevelopment Agency is isolated, could go broke and it would not affect the City of San Rafael whatsoever; however, Mr. Nordhoff had indicated this to be untrue. Responding, Mr. Nordhoff stated this was not what he inferred, rather the Redevelopment Agency was not a part of this transaction. He explained that the Redevelopment Agency has specific contracts for tax sharing agreements with the County and School District. Property taxes come directly to the Agency, paying for the Agency's operations, projects and debt on its own bonds. He indicated that whatever goes on with this transaction would have no bearing on the San Rafael Redevelopment Agency. Mr. Winters indicated that any type of financial problems associated with this project would have an effect on the City of San Rafael's bond ratings, etc. Mr. Nordhoff stated he believed this would not affect the bond ratings, as there was a two- tiered pledge to ensure that the lease payments were made — the Parking Services Fund and the City's General Fund. Mr. Winters inquired whether ultimately it comes back on the citizens. Mr. Nordhoff indicated it would not come back on the citizens unless potentially, the City failed to make a lease payment or everything else fell apart; however, the probability of that was extremely remote. There being no further comment from the audience, Mayor Boro closed the public hearing. 1) The title of the ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A SITE AND FACILITIES LEASE AND A PROPERTY LEASE RELATING TO THE SAN RAFAEL JOINT POWERS FINANCING AUTHORITY LEASE REVENUE BONDS, SERIES 2003 (PUBLIC PARKING PROJECT) AND THE FINANCING OF A PUBLIC PARKING GARAGE LOCATED ON THE NORTH SIDE OF THIRD STREET FROM C STREET TO B STREET" Councilmember Heller moved and Councilmember Phillips seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1799 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2) Councilmember Cohen moved and Councilmember Miller seconded, to adopt the resolution. RESOLUTION NO. 11273 — RESOLUTION APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF CERTAIN FINANCING DOCUMENTS AND DIRECTING CERTAIN RELATED ACTIONS IN CONNECTION WITH FINANCING CERTAIN PUBLIC CAPITAL IMPROVEMENTS AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 03/03/2003 Page 6 SRCC Minutes (Regular) 03/03/2003 Page 7 15. Public Hearing — CONSIDERATION OF ORDINANCE AMENDING SRMC SECTION 1.08.020 TO ADD A DEFINITION FOR ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, AND AMENDING SRMC CHAPTER 5.34 TO PROHIBIT THE USE OF SUCH DEVICES UPON DESIGNATED PUBLIC SIDEWALKS AND IN OTHER DESIGNATED PUBLIC PLACES (PW) — FILE 11-7 x 13-8 x 9-3-40 Mayor Boro declared the public hearing opened Deputy Public Works Director, Andrew Preston, stated that this ordinance would amend two sections of the San Rafael Municipal Code in regard to Electric Personal Assistive Mobility Devices. The first, Section 1.08.020, describes the device and he noted the City Clerk had distributed a picture depicting the device, for Council's information. Mr. Preston explained that the device consists of two large wheels on the same axle with a platform in between for standing on, and two large handles for direction. It has a self - balancing gyroscope underneath the platform to prevent tipping, is powered by an electric motor of less than 750 watts, or under one horsepower, and is moved by leaning or pushing the handle in the desired direction. Mr. Preston indicated it is capable of traveling at speeds of 12 '/2 miles per hour. The normal walking speed on a downtown sidewalk in a public place is approximately 2 miles per hour. He noted the description mentioned in Section 1.08.020 excludes motorized wheelchairs for disabled persons. Mr. Preston reported that the second section would amend Chapter 5.34, and would prohibit the use of the device on certain highly populated City sidewalks and other public places frequented by pedestrians. These areas would require posting to this effect. He indicated that in 1984, the City Council adopted Ordinance No. 1475 regarding the prohibition of skateboards, roller skates and bicycles on sidewalks in certain highly populated public areas as a safety concern, and staff believes that a similar safety concern exists with regard to this device, especially when the device is capable of traveling at speeds of up to 12 '/2 miles per hour. Mr. Preston reported that SB 1918 came into effect on March 1, 2003 regarding the regulation of these vehicles, and under a new Vehicle Code Section 21282, authorizes the City to regulate the time, place and manner of operation of these vehicles. He indicated that Police Officers would be excepted from this section of the ordinance. Mr. Preston stated it was staff's recommendation that the City Council pass this ordinance to print. Councilmember Heller inquired as to where these devices would be allowed and whether they would be permitted on City streets. Responding, Mr. Preston stated he believed they would be allowed on bicycle paths and trails. They could be used on City streets provided they comply with the vehicle licensing arrangements for such streets and they could also be used on sidewalk areas not designated by the City Council and prohibited for this use. They could also be used in residential areas. Responding to Councilmember Heller's question concerning licensing requirements, Mr. Preston explained that areas where they are to be prohibited would require to be posted. To be used on the public right-of-way could require licensing, as they then become subject to the vehicle code. Assistant City Attorney Gus Guinan explained that the key to licensing relates to the horsepower of the vehicle and he was not sure whether the 12.5 miles per hour was sufficient to warrant licensing. He stated that vehicles below a certain horse power are not required to be licensed and could be used on public streets, e.g., motorized scooters, and he was not sure whether this device would come above or below that licensing requirement. Mr. Guinan confirmed for Councilmember Cohen that it would be the State of California doing the licensing. Councilmember Phillips requested clarification on the signage requirement with regard to distinguishing where the devices could be used and how signing would be implemented without the use of substantial amounts of signs. Mr. Preston stated that presently, staff anticipates using the same type of signs that prohibit skateboards and bicycles on sidewalks. He indicated that these signs could be removed and replaced with larger signs to include these devices, as they would be used in the same areas. He agreed with Councilmember Phillips that this task would not be too onerous. He confirmed SRCC Minutes (Regular) 03/03/2003 Page 7 SRCC Minutes (Regular) 03/03/2003 Page 8 also that they could be used in a large section of the City, however, they would be prohibited on heavily congested sidewalks and public places. Councilmember Miller inquired as to the number of signs in question. Mr. Preston estimated this to be a similar amount to those presently placed in downtown areas, and with probably a sign on every street light pole, this amounted to less than 100 in the downtown. He confirmed the City has the capability of making the signs at considerably less expense. There being no comment from the audience, Mayor Boro closed the public hearing. Mayor Boro noted that staff recommended such devices be prohibited on City sidewalks, which he read as "all City sidewalks." Mr. Preston explained he understood this was City sidewalks in designated areas, i.e., those City sidewalks with existing similar restriction. With public safety being the primary concern, in the absence of a large pedestrian movement on other sidewalks, he indicated there probably would be no reason to prohibit these devices in those areas. Should they become a safety issue in the future, the ability exists to post those areas also. Mayor Boro inquired how skateboards in Terra Linda are dealt with versus those on Fourth Street. Assistant City Attorney Gus Guinan stated they were prohibited in the downtown primarily because of the heavy pedestrian concentration. He was unaware of where in the remainder of the City they were prohibited. Regarding this evening's process, he noted from the last sentence of the staff report that the designation of particular sidewalks and areas would be brought back to Council in resolution form prior to any posting. He confirmed for Mayor Boro this would basically follow current procedure for the other types of devices. The title of the ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING SECTION 1.08.020 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD A DEFINITION FOR ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, AND AMENDING CHAPTER 5.34 OF THE SAN RAFAEL MUNICIPAL CODE TO PROHIBIT THE USE OF SUCH DEVICES ON DESIGNATED SIDEWALKS AND IN OTHER DESIGNATED PUBLIC PLACES" Councilmember Phillips moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety and to refer to it by title only, and pass Charter Ordinance No. 1800 to print by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NEW BUSINESS: Cohen, Heller, Miller, Phillips and Mayor Boro None None 16. RECOMMENDATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSALS FUNDING YEAR 2003-2004 (RA)- FILE 147 Economic Development Coordinator Katie Korzun explained this was the fourth go -around at CDBG (Community Development Block Grant) funds and a fairly consistent process was now being followed. She indicted that the recommendation by Council this evening would be handed on to the Board of Supervisors, who in turn would make the final allocation of all CDBG funds for the County. She noted that meeting was set for May 13, 2003. Explaining the one difference from previous years, Ms. Korzun stated that previously, the amount of money to be allocated was known; however, as of this evening, this information was not available for this particular project for this year. She pointed out that this was not to be attributed to the County, rather was due to delays both at the Federal and District levels. She explained that the District had not informed the County how much money would be available, what the new census numbers are or how those numbers would be used. Ms. Korzun reported that in consultation with the County, staff attempted to figure out how to allocate the unknown amount of funds and she thanked Mr. Roy Bateman from the County, who was present this evening, for his idea. She explained Mr. Bateman determined that most likely, as much as last year would be received, and based on the total allocation and census numbers, as much as 25% more could be received. She stated that the allocation before Council this evening was for a range of projects, ranked SRCC Minutes (Regular) 03/03/2003 Page 8 SRCC Minutes (Regular) 03/03/2003 Page 9 as to whether or not they met the City's priorities. Of nine qualifying priorities, it was found there was sufficient money to fund eight if the level of funding did not increase, and these were listed in Exhibit 6: • EAH Housing Advocacy Program; • Fair Housing Program; • MCIL Housing Accessibility Modification Program; • County Housing Authority Rehab Program. These are programs the Agency and County both fund. The only funding coming from the City would go to: • Casa Allegra; • Exodus; • NOVA; and • Pickleweed Ms. Korzun indicated that should there be sufficient funds (some $75,000 more), this would be allocated to the Homeward Bound changes to the bathrooms at Carmel Voyager. In the event sufficient money is not received to grant the $75,000, whatever is obtained would go to Pickleweed. If funds were received above the $75,000, as could be the case if 25% more is obtained, the overage would go to Pickleweed. She stated that since the amount to be received is unknown, the resolution was written to indicate that the funds would go to the first eight, thereafter to the ninth and Pickleweed. The actual funding amounts would be worked out by staff and sent directly to the County, without the necessity of returning to the Council for action. Ms. Korzun stated that Mr. Bateman was present and they both would be happy to answer questions. With regard to the bathrooms at Carmel Voyager and the limited term remaining on the lease of the property, Councilmember Heller inquired as to why money was being directed to this project at this time, also questioning whether the use was to be changed. Responding, Ms. Korzun stated it was hoped it would be changed as approximately ten years remained. She explained staff's concern was that originally, Carmel Voyager/Homeward Bound came to the Redevelopment Agency for funds and while attempts were made to fund them through the Agency, this was not possible due to limitations on Agency monies, i.e., the Agency is not permitted to give monies to anything less than a fifteen year lease. This, she indicated, was the reason for doing it through CDBG. She stated it was rated with a little lower priority because it is a ten-year lease, while others, such as Exodus or Casa Allegra, are owned. Having inquired as to the highest priority of the three Homeward Bound projects, the bathrooms were deemed to be the highest priority. Mayor Boro complimented Ms. Korzun on a super job. Councilmember Miller complimented both Ms. Korzun and the County staff for their cooperation and coordination. Mayor Boro thanked Councilmember Miller for serving as the Council's liaison with this group. Councilmember Heller stated she had read through all the individual project reports and was cognizant of the great need for dollars for needy people and projects in Marin County. Having been on the Exodus Home Board for ten years, she expressed surprise that the bathrooms were still standing, and she hoped funds would come through quickly for them. Councilmember Miller moved and Councilmember Heller seconded, to adopt the resolution. RESOLUTION NO. 11274— RESOLUTION RECOMMENDING COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FUNDING FOR THE YEAR 2003-04 TO THE MARIN COUNTY BOARD OF SUPERVISORS AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 03/03/2003 Page 9 SRCC Minutes (Regular) 03/03/2003 Page 10 The following item was taken out of order by Mayor Boro: 7. ACCEPT FISCAL YEAR 2001/2002 COMPREHENSIVE ANNUAL FINANCIAL REPORT; REPRESENTATION LETTER, AND THE MANAGEMENT LETTER/REPORT (MS) — FILE 8-9 x 9-3-20 Mayor Boro complimented Assistant City Manager Ken Nordhoff on the rate of return for some of the City's investments. Regarding new internal controls and those either in the process or yet to begin, he requested that these be tracked separately throughout the year. Mr. Nordhoff agreed to provide a progress report. Noting the question of a Purchasing Agent had been explored through the years, Councilmember Heller inquired as to the reasoning for not implementing this. City Manager Rod Gould explained that is gets down to a cost/benefit analysis. The cost of a professional purchaser with full benefits, work space, etc., staff believed would be difficult to recover in the savings that could be generated by purchasing on a centralized basis. While it would be beneficial to have a fulltime person in purchasing, Mr. Gould stated that when this was discussed with the management team in an attempt to identify those items and services where a Purchasing Manager could help, there was uncertainty that the position would pay for itself. Having gone through the analysis, Mr. Nordhoff stated staff did not feel compelled to bring forward a recommendation as yet; however, it could be evaluated further in the forthcoming two-year budget process. He indicated it typically did not rise to the level of recommendation as other items did in the past or probably would in the future. While supporting this conclusion, Mayor Boro commented that it could be worthwhile affirming this. Having evaluated the decentralized approach and the controls in place to prohibit abuses, and ascertaining its cost effectiveness, the auditors could be requested to conduct an evaluation. City Manager Gould indicated this had been explained to the auditors; however, they still insist it is a good practice to have a separate Purchasing Agent. Mayor Boro stated that perhaps this could be the answer in the letter. Councilmember Cohen complimented staff for graduating from some of the outdated technology. Realizing times were tough, he concurred that some thought be given to offsite data storage and alternatives for service should the servers in City Hall be damaged or inaccessible for a period of time. Presently working on a technology project for his business, Councilmember Cohen stated he is involved in developing types of mission critical business applications and weighing the possibility of paying a service provider to store a server in Utah, in order to have a backup site out of state to roll services to in the event of an earthquake. He stated that although the City has not got such a widespread issue to consider, serious thought should be given to what would be required to resume services quickly, without having to rely on equipment inside City Hall. Regarding Statement 34, Councilmember Phillips stated the recommendation appears to address the implementation, and reserving funds. The City's response indicates the existence of a task force and $100,000 having been set aside, and he inquired as to the substance behind the recommendation. Mr. Nordhoff explained this was a standard recommendation, which was probably in every City's audit of 2002 that had not completed GASB 34. He stated staff was in the process, inventory was counted and valuation was underway. Last year's audit under GASB 34 would be restated in the next couple of months and asset capitalization policy items would be presented to Council, also in the next couple of months. He expected this to fall off next year Councilmember Phillips inquired whether there was recognition of the fact that $100,000 had been set up or whether the amount was considered inadequate. Mr. Nordhoff stated it was more than adequate to cover the work and they were perhaps out of sequence. He believed they were stating that money was committed to do this and the City was in the process. While not happy with the recommendation, Councilmember Phillip indicated he was satisfied with the response. With respect to Emergency Preparedness and Data Protection, Mayor Boro inquired whether periodic database dumping was carried out, sending it offsite. Mr. Nordhoff indicated there is a lot of data offsite; however, this does not include the networks and applications necessary to run the data. He confirmed for Mayor Boro that the data is SRCC Minutes (Regular) 03/03/2003 Page 10 SRCC Minutes (Regular) 03/03/2003 Page 11 offsite and could be retrieved. Mayor Boro inquired whether there were PC applications that should be saved Mr. Nordhoff explained that according to directions, all the files are saved on a centralized network. This did not prevent people saving files on their local PC; however, this was not the City's accepted business practice. Regarding background screening, Mayor Boro inquired why this should not be carried out with existing employees in critical areas. Mr. Nordhoff stated it was not felt necessary to return and do this as no instances or reasons were found to warrant going backwards. Staff favored carrying it out prospectively. Councilmember Phillips moved and Councilmember Cohen seconded, to accept the reports and letters. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCILMEMBER REPORTS: 17. Congestion Management Agency: - File 170 x 191 Mayor Boro reported that he and Councilmember Heller had been attending extensive meetings of the Congestion Management Agency. Two meetings are set for next month and it was anticipated that discussions would take place soon to ascertain the future direction of a transportation solution. Mayor Boro sadly announced the deaths of Julie Kelly, wife of Police Lieutenant Jim Kelly, who passed away early this morning, March 3, 2003, and School Board member, Harry Holland who passed away early today, March 3, 2003. He requested that City Manager Gould arrange to have the City's flags flown at half-staff through Friday, March 7, 2003, in honor of these two fine individuals. There being no further business, Mayor Boro adjourned the meeting at 9:25 p.m. in memory of Julie Kelly and Harry Holland. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12003 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 03/03/2003 Page 11