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HomeMy WebLinkAboutCC Minutes 1993-06-21SRCC MINUTES (Regular) 6/21/93 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 21, 1993, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 93-11(a) - #1 - De Anza, Inc., et al vs. City of San Rafael No. 93-11(b) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 21, 1993, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Dorothy L. Breiner, Councilmember Paul M. Cohen, Councilmember Michael A. Shippey, Councilmember Joan Thayer, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE I.MEASURE K MUNICIPAL SERVICES TAX - File 9-4 Norman Gravdahl, a long-time resident of San Rafael, spoke with regard to Measure K. He presented a letter to Council which he then read into the record. His main concern was about tenants having to pay a large amount of money if and/or when this measure would be put on a ballot again in the near future. II.FRIENDS OF MUNSON PARK, RE: FIRE STATION #6 RELOCATION - File 9-3-31 George Orr, President of the Friends of Munson Park Association, stated based on the assurances their group has received from the Councilmembers from the collective meetings, that their group recognizes the seriousness of these budgetary times and is willing to wait until the future to pursue their concerns; however, their position has not changed. CONSENT CALENDAR Councilmember Cohen moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: ITEMS 2. Approval of Minutes of Special Meeting of January 6, 1993 (CC) 3. Special Municipal Election June 8, 1993: (CC) - File 9-4 a. Resolution Declaring Canvass of Votes, Special Consolidated Election, Measure K, Municipal Services Tax 4. Resolutions Re Election Matters - General Municipal Election - November 2, 1993: (CC) - File 9-4 x 9-10-2 x 9-3-14 x 9-3-20 x 9-3-12 a. Resolutions of the City Council: 1) Proposing a General Municipal Election, Including the San Rafael Elementary School District and the San Rafael School District General Election; RECOMMENDED ACTION Approved as submitted. ADOPTED RESOLUTION NO. 8960 - DECLARING CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED SPECIAL MUNICIPAL ELECTION HELD ON TUESDAY, JUNE 8, 1993 (Measure K was defeated.) ADOPTED RESOLUTION NO. 8961 - OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) PROPOSING A GENERAL MUNICIPAL ELECTION, INCLUDING THE SAN RAFAEL ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL HIGH SCHOOL DISTRICT GENERAL SRCC MINUTES (Regular) 6/21/93 Page 1 Page 2 2) Requesting the Board of Supervisors to Consolidate With Any Other Election Conducted on the Same Date; 3) Requesting Election Services by the County Clerk. SRCC MINUTES (Regular) 6/21/93 ELECTION; REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CON- DUCTED ON THE SAME DATE; REQUESTING ELECTION SERVICES BY THE COUNTY CLERK. b. Resolution Reaffirming Policy Regarding Number ADOPTED RESOLUTION NO. 8962 - of Words in Candidate's Statement of Qualif- REAFFIRMING POLICY REGARDING ications, and Providing that the Cost of NUMBER OF WORDS IN CAN - Printing and Handling of Candidate's State- DIDATE'S STATEMENT OF ment of Qualifications Shall be Borne by QUALIFICATIONS AND PROVID- the Candidate and Paid for at the Time ING THAT THE COST OF PRINTING Nomination Papers are Filed. AND HANDLING OF CANDIDATE'S STATEMENT OF QUALIFICATIONS SHALL BE BORNE BY THE CANDI- DATE AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED C. Resolution Requesting the Board of Supervisors of the County of Marin to Permit the County Clerk to Consolidate Precincts and Polling Places Relating to the San Rafael General Municipal Election. 9. Approval of Below Market Rate Rental Unit Agree- ment and Declaration of Restrictive Covenants for 1 "H" Street (Pl) - File 229 x 9-3-17 x 10-2 10. Resolution Approving Extension of Rental Office Space for Satellite Police Station in Canal Area (PD) - File 2-9-18 x 9-3-30 13. Resolution Amending the 1992/93 Appropriations Limit and Establishing the 1993/94 Appropriations Limit (Fin) - File 8-5 x 9-4 14. Resolution Appropriating Unappropriated Revenues (Fin) - File 8-5 15. Renewal of Three Year Agreement With the County of Marin Re: Community Development Block Grants (CM) - File 4-13-38 x 147 ADOPTED RESOLUTION NO. 8963 - REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN TO PERMIT THE COUNTY CLERK TO CONSOLIDATE PRECINCTS AND POLLING PLACES RELATING TO THE SAN RAFAEL GENERAL MUNICIPAL ELECTION Resolution not adopted. (Item pulled from agenda.) ADOPTED RESOLUTION NO. 8964 - AUTHORIZING THE SIGNING OF A RENEWAL OF A LICENSE AGREE- MENT WITH LEONARDI PROPERTIES, INC. FOR RENTAL OF OFFICE SPACE FOR A SATEL- LITE POLICE STATION IN THE CANAL AREA ADOPTED RESOLUTION NO. 8965 - AMENDING THE 1991/92 AND 1992/93 APPROPRIATIONS LIMIT AND ESTABLISHING APPROPRIA- TIONS LIMIT FOR 1993/94 ADOPTED RESOLUTION NO. 8966 - APPROPRIATING UNAPPROPRIATED REVENUES AS OF JUNE 30, 1993 ADOPTED RESOLUTION NO. 8967 - AUTHORIZING EXECUTION OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COOPERATION AGREEMENT WITH THE COUNTY OF MARIN (3 -Year Agreement - 9/30/93 thru 9/30/96) 16. Legislation Affecting San Rafael (CM) - File 9-1 Approved staff recommendation to: OPPOSE SB 1242 (BOATWRIGHT) - Actions Against Local Agencies AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: SRCC MINUTES (Regular) 6/21/93 Page 2 SRCC MINUTES (Regular) 6/21/93 Page 3 S.RESOLUTION GRANTING SANITARY SEWER EASEMENT TO MICHAEL D. AND ARDETH A. CRAFORD AT 10 MORGAN LANE, SAN RAFAEL (PW) - File 2-3 x 9-3-40 Public Works Director Bernardi stated they had received correspondence from the Villa Real Homeowners' Association with regard to the granting of the easement to Mr. Craford at 10 Morgan Lane. Mr. Bernardi stated Council asked for a response to a number of issues on this item and he had responded to these concerns in the staff report and those items are: the revision of the grant of easement has been accomplished which reflects the Council's concerns about the exclusiveness of the easement, as well as the City's future rights to grant any additional easements should the Council decide to do so; what was the value of the land to be dedicated and given many different circumstances, staff has placed an evaluation of approximately $350 to that 20 foot wide strip of land based upon what was done at Pickleweed Park, as well as other factors that directly affect this land. Mr. Bernardi stated there was also included a letter from the Health Department to Mr. & Mrs. Craford regarding their failing septic tank that they are under order to eliminate as quickly as possible and then connect to a public sewer. Mayor Boro asked if the applicant was satisfied with these answers? Mr. Bernardi responded affirmatively and noted the applicant and his engineer were present. Mr. John Ford, resident of 65 Balboa Avenue in San Rafael for 31 years and Secretary/ Treasurer of Villa Real Homeowners' Association for a number of years, stated they agreed 100% that the Craford residence has to be connected to a sewer. He noted it has been established that a possible route is through a short easement down through City of San Rafael property, through Junipero Serra Avenue approximately 300 feet, even though their group checked this and found it to be closer to 500 feet and travels around three curves, which is not an easy route. He stated the street will be trenched and worked on at the same time that a new water main will be installed along the same street. He stated they had another concern that, with the peak of fire season here, the street may not be wide enough at that time for fire engines to get through to fires. Mr. Ford noted it has been established that there is adequate capacity to run more sewer line into that sewer; however, there have been three other Country Club lines connected into this sewer line recently and there will be 10 more new, large houses in Loch Lomond #10 also connected into this sewer. He stated they were satisfied about the capacity now, but wondered what will happen in the future if other Country Club residents decide they also want to connect into this line. Mr. Ford stated what they determined was that a line from the Craford residence could go down the hill behind two properties in an open grassy area and connect to an existing Country Club sewer on Madelene Lane. He stated they knew that there were two other Villa Real homes, on the West side of the street, that also connect into the Country Club sewer at Madelene Lane. He stated their group felt it would be better to keep the Country Club sewers in Country Club rather than coming into Villa Real and they thought some determination should be made about the possibility of using this instead of Junipero Serra Avenue. He noted this work will cost approximately $35,000 to $40,000 and they believed it would be cheaper to take the other route, unless this is found to be impossible or the cost is more than the alternative which will be Junipero Serra. Mr. Irving Schwartz, a civil engineer hired by Mr. Craford to research a way to hook his residence up to a public sewer, stated Mr. Craford's property is in the San Rafael Sanitation District and has been so since at least 1984, due to other annexations in the area, including the previous Country Club sewers mentioned earlier by Mr. Ford. He stated they looked at a number of alternatives to connect to a sewer. One was cost, but the other was timing because Mr. Craford needed to hook up to a public sewer as quickly as possible. Mr. Schwartz stated the day after the last Public Hearing, a representative from the Health Department came out to Mr. Craford's property, observed the problem with his septic tank and ordered him to seal off his drain field and commence pumping his septic tank every time it needed to be pumped which is a very expensive operation and which he has to continue until he can hook up to the public sewer. He stated they looked at connecting to the private sewer line which was installed approximately 1984 through other properties just to the north of Mr. Craford's property and looked at running a sewer line up Morgan Lane and then down Margarita, they looked at the proposed connection to Junipero Serra and a connection down the hill to Madelene Lane. He stated that in looking at the total picture, the most cost-effective and time -efficient route was to go out to Junipero Serra. He stated they just started construction of some new sewer mains in the center of the Country Club area where annexation to the City was not an issue, just SRCC MINUTES (Regular) 6/21/93 Page 3 SRCC MINUTES (Regular) 6/21/93 Page 4 to the San Rafael Sanitation District, and there a property owner required his other neighbors to pay him $10 per square foot for a 10 foot sewer easement through one side of his property, a seemingly unused, unusable area outside of the setback area so it could not be used for a building or anything similar, but that is what he required. Mr. Schwartz stated this also took 9 months to get an easement from this neighbor who stated he did not want to get in the way of this sewer project and wanted to work with these people and even working with them, it took 9 months and $10 a square foot to effect an easement. Mr. Schwartz stated they were at the meeting for what seemingly was a simple item and were requesting a small sanitary sewer easement across a City property that was purchased for back taxes some years ago and had grown into something much bigger thanthat. He stated this is, from the standpoint of both cost and timing, the most efficient way to sewer Mr. Craford's property. They would like to have the Council's approval and grant of the easement so that they could start construction almost immediately to get this health hazardous solved. He stated they believed the City, in issuing an encroachment permit to cut the street, would put all their normal requirements about pavement restoration, traffic control for the normal traffic on the street, as well as emergency traffic, so they did not believe they would be causing a problem for the neighbors. He noted there will be construction taking approximately seven working days to get in and out. Mayor Boro asked Mr. Schwartz to specifically comment on the Madelene Lane issue, with regard to the cost and timing on this project. Mr. Schwartz responded the Madelene Lane easement would be approximately 480 feet long between Mr. Craford's property and the existing end of the public sewer main. He stated if the estimate was at $10 per square foot, the cost would be approximately $48,000 just for the easement. He stated a portion of the easement would be over relatively steep terrain as a potential of causing other kinds of problems with rainy weather, in that a trench will be dug perpendicular to the contours where if water were to run into the trench, it could cause some problems. Additionally, there is the time factor and they have not approached the neighbors as they would have to cross the property of one or two property owners, because they felt that the time involved would be much longer than going the route they were proposing tonight. He stated the main in Junipero Serra is 410 feet long, as compared to 480 feet of offsite easement down to Madelene Lane. Councilmember Breiner asked Mr. Schwartz to show her where Mr. Craford's property was located on the enclosed map and Councilmember Shippey asked about the different alternative routes, as they were looking at the map. Mr. Schwartz showed them the map and alternative routes. Bill Simmons, resident of Junipero Serra Avenue for 40+ years directly below Mr. Craford's property, stated there was a water main to be routed to serve Loch Lomond #10 which is under design by Marin Municipal Water District. He stated he has talked to them about this and was informed it would be another 30 to 45 days before that water main design has been approved. He stated the contractor to do the work for the water main has been selected by the contractor, Ham Construction Company, which is Ford Construction Company. He stated the Ford Construction Company indicated to him they could commence work within 30 days from the time they have been given the go-ahead to institute the water main. Mr. Simmons stated he hoped Mr. Craford's work could be done as soon as possible, but felt Madelene Lane has not been explored properly and felt the $10 per square foot cost may not be the case anywhere else in Marin County. He requested that the City Council consider asking Mr. Craford and Mr. Schwartz to develop costs to use the Madelene Lane route to determine what this would cost, because this might be a benefit to Mr. Craford and the time element could be more advantageous to him. Mr. Simmons stated he was more concerned about the fire hazard at this time of year than anything else and the ability for fire engines to get into this area with construction work on both the water main and sewer main. He asked the Council to consider not granting the easement for the reasons he has stated, even though he hopes Mr. Craford can find a solution down Madelene Lane. Mayor Boro asked Fire Chief Marcucci to describe what has been happening recently in the Country Club tract with regard to what has been done to increase their capacity, regarding their mains, and the agreement the City has with Country Club. Chief Marcucci responded the City of San Rafael has a contract with the County of Marin to provide fire protection to the unincorporated areas and one of these areas that they service is the Country Club area, in addition to Bayside Acres. He stated that following the Oakland fire, the President of the Country Club Association worked with the San Rafael Fire Department to install new fire hydrants in that area. He stated SRCC MINUTES (Regular) 6/21/93 Page 4 SRCC MINUTES (Regular) 6/21/93 Page 5 those residents have taxed themselves to install 21 hydrants at a cost to the homeowners of approximately $44,000. He stated Country Club does have a deficiency in water in certain areas, but the addition of the 21 hydrants in strategic locations has made this a more palatable force. Councilmember Shippey asked Public Works Director Bernardi, with regard to the construction to be done on Junipero Serra for the MMWD water main which will occur after the proposed easement is granted for the sewer line construction for Mr. Craford's property, what the difference was in terms of how that road is to be paved? He noted if it will be torn up anyway, will it be once or twice. Mr. Bernardi responded they were discussing the requirements with the contractor for Mr. Craford, as well as the contractor for the Water District, and they will not be resurfacing the entire street. They will be resurfacing the trench that was dug in this project. Mr. Bernardi noted the City's encroachment permit requirements only require the contractors to pave the trench, however wide it is which should be only 18 inches wide and should be the same width for the water main. Mr. Shippey asked how long it would it be until they could resurface these two trenches, given the current schedule? Mr. Bernardi responded he was not sure where Junipero Serra was on the priority list, but would get back to the Council in this. Mr. Shippey suggested, with the health issue before the Council, they give priority to this since the street will be worked on twice next year. Councilmember Breiner stated she did not understand why some of these properties were annexed to the Sanitation District and not also annexed to the City and asked staff to get more information about this because it may be that they were required to be annexed to the City before they were annexed to the Sanitation District and if the City neglected to pursue this then Council should find out why this happened to other properties, as well as the Craford property. Mr. Bernardi stated Mr. Ford attached an excerpt to the Planning Commission dated September 25, 1984, and noted that the City, at that time, was requested to waive the dual annexation policy. He noted that staff finds that the annexation proposal for the parcels on Morgan Lane to be premature, in that dual annexation is not practical given that the Morgan Lane properties are served entirely by the Country Club neighborhood (in the bottom para- graph in the staff report). Mayor Boro stated the first thing Council needed to find out is the cost of going to the alternate route and, assuming the engineer is correct that this is prohibitive and more costly, can the construction be timed to coincide with the water main work so the street will be disrupted only once, which will make it less disruptive to the residents and make it easier for fire engines to use that route, if they needed to. He then stated he felt these were valid questions that needed answers and the other issue he was interested in was that Mr. Craford had been put on notice by the Public Health Department of the County of Marin that he has to empty his septic tank and what the cost of this was. He referred this to staff for answers at a later date. Mr. Bernardi responded it would take two separate excavations to excavate into Junipero Serra Avenue, and noted the Water District will not allow a sewer line to be located within two or three feet, at least, of a water line. Mayor Boro asked if these excavations could be done concurrently, rather than excavate for 10 days and then come back for another 10 days. Councilmember Cohen stated if they do two separate trenches, do one side of the street at a time. Mr. Bernardi stated with regard to connecting and funding the cost to run down to Madelene Lane, the real issue is the cost is unknown until an offer is made to the property owner and he did not see that happening within the next two weeks. He noted it probably will take at least a month to have it appraised or make the property owners an offer to determine if they would be willing to accept that. Michael Craford, resident of 10 Morgan Lane, stated the property they were proposing to cross was in the jurisdiction of the Sanitation District and is not an issue of Villa Real versus Country Club and, secondly, one the issues that entered into their decision-making in this particular process was the fact that they would not have to get an easement from anyone other than the City and timing was very important in this entire issue. He stated the question, with respect to how this came about that the Health Department shut them down, is answered by noting this happened because the house, built in 1940, has a 1,000 gallon septic tank and has to be pumped every three days for the size of his family and has been a fairly significant burden on him, and throughout this entire process, he has been attempting to get the problem corrected. Mr. Craford stated he and Mr. Schwartz have evaluated every alternative, noting he SRCC MINUTES (Regular) 6/21/93 Page 5 SRCC MINUTES (Regular) 6/21/93 Page 6 understands the residents not wanting their street torn up, but his other neighbors might not want him coming across their property, too. He stated he felt he has done all he can and asked the Council to help him in getting this problem corrected. Councilmember Shippey stated his observation was that whether the Council accepts Engineer Schwartz' estimate of the cost of the easements or not, they do have to accept the fact that it would take a great deal longer to get a private easement than the alternative proposed and since there is a health issue involved here, he felt they should not delay very long in doing this. Councilmember Thayer stated she was concerned about the delay, too, and also concerned about the fact this road would not be rendered totally useless and would have access and egress. She asked if this would be sufficient for a fire truck to use this to get to a possible fire? Mr. Bernardi responded affirmatively and stated their Encroachment Permit conditions require, at the very minimum, one lane be kept open at all times. Mrs. Thayer asked to confirm that this was for the fire trucks and Mr. Bernardi responded affirmatively, as well as neighborhood traffic. Mrs. Thayer stated she felt there was some urgency in this. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution granting the easement. RESOLUTION NO. 8968 -AUTHORIZING EXECUTION OF GRANT OF PRIVATE SANITARY SEWER EASEMENT TO MICHAEL D. AND ARDETH A. CRAFORD, 10 MORGAN LANE, SAN RAFAEL, CALIFORNIA AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6.RESOLUTION APPROVING EXTENSION OF SUBDIVISION AGREEMENT - BAYWOOD TERRACE (PW) - File 5-1-314 Mayor Boro stated he received a call from a member of the homeowners' association today, which he discussed with Public Works Director Bernardi, noting the Council has had a number of problems with the Baywood Terrace subdivision. He noted this staff report is asking for an extension to complete some of the improvements. He stated the neighborhood has some additional concerns about some potential drainage problems that have evolved over the past year including the issue of fire. He suggested Council carry this item over for two weeks and in the process, Public Works Director Bernardi meet with the homeowners' association and the Fire Department, and bring this back to the Council in two weeks. Councilmember Breiner moved and Councilmember Shippey seconded, to carry this item over for two weeks for discussions between the homeowners' association and the Public Works Department. Under discussion, Councilmember Cohen stated that while he did not believe that he had a conflict of interest on this matter, he has discussed this with the City Attorney and it was his belief that in order to avoid any appearance of in -fighting, he will not be voting on this issue and will remove himself from the Council Chambers and will be abstaining on tonight's motion. Councilmember Shippey informed the Council that he would probably not be present for the next meeting and will, also, not be able to vote. Councilmember Thayer asked if it was true that since this project has received many extensions and the original proponents have not dropped the project, then it is not subject to the Hillside Design Guidelines? Mr. Bernardi responded that was staff's understanding and stated they already have an approved final map. Mrs. Thayer asked if this was one of the reasons why they have not let go of this yet? Mr. Bernardi responded staff is dealing with the bank and the holding company for the bank. He noted the original subdivider, Hoffmire, is really out of the picture, so staff is just dealing with the bank and they intend to develop the property within the next year. He stated he spoke to the bank this morning and the person he spoke to indicated they would have developed it sooner, but the economy was such that they did not want to make any additional investments on the property until the economy is better, noting they are intending to develop this property within the next approxi- mately 18 months. Councilmember Breiner stated this has been extended many times and the Council is under no obligation to do this, but often when there are long periods of time between approval of the map, conditions change; the City requirements may have changed in some ways SRCC MINUTES (Regular) 6/21/93 Page 6 SRCC MINUTES (Regular) 6/21/93 Page 7 that they may want to have the ability not to extend this area and may want to look at some of the possibilities from the Hillside Design Guidelines before extending it or they could extend it now for a few months and give Planning staff and the neighborhood a chance to check on any inclusions they may want to do. Mr. Bernardi stated this agreement that is being extended only deals with what was previously approved by the Council and the Planning Commission and the Council is, in essence, locked into those approvals. He stated what this extension of time was for is the agreement that the developer has entered into with the City for construction of the public improvements that are required under the Conditions of Approval; so the Council always has the option not to extend the time limits for the Subdivision Agreement. He noted the other option the Council has is to call the bonds and state to the developer that they have not completed this project in a timely manner and the City will call the bonds and complete the improvements with the bonds. Mr. Bernardi stated the bank has not spent much time on this property and should have. He stated some of the storm drainage on the site needs to be maintained, the broom on the site needs to be cut back because there could be a serious problem, and there is a meeting tentatively scheduled for 11:00 AM on Wednesday for everyone involved to meet at the site to address other issues of a nature that deal with the specific improvements that were required to be constructed. Mrs. Breiner asked if it would help Mr. Bernardi, in terms of getting these items accomplished, if the Council made it a six month extension, as opposed to a year extension. She stated some of these issues have been dragging on for a long time and she did not see any advantage to the City in having the broom expanding in a dry season, etc. Mr. Bernardi stated that, at this point in his conversations with the gentleman at the bank, he seemed very cooperative, but certainly six months would maybe put more pressure on them to accomplish these issues. Mayor Boro suggested bringing this back to the Council at the next meeting, July 6, 1993. AYES: COUNCILMEMBERS: Breiner, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Cohen 7.RESOLUTION AUTHORIZING EXECUTION OF RIGHT OF WAY AGREEMENT WITH ARCHDIOCESE FOR MERRYDALE OVERCROSSING PROJECT (PW) - File 4-3-263 x 2-2 x 4-13-80 x 11-1 Councilmember Thayer asked if this funding was coming out of the Traffic Mitigation Funds? Public Works Director Bernardi responded affirmatively. Councilmember Shippey asked if the amount was $560,000 for one-third of an acre? Mr. Bernardi responded affirmatively and stated the Archdiocese wanted $1.1 Million. Mr. Shippey asked what was the projected amount for this project? Mr. Bernardi stated their appraisals, based on what staff felt was a reasonable price, were about $325,000 for that same piece of land. Mr. Shippey asked how much of this price would be reimbursed by CalTrans? Mr. Bernardi responded the right-of-way acquisition for the project is paid for by the Traffic Mitigation Fund in its entirety. Councilmember Cohen moved and Councilmember Shippey seconded, to adopt the Resolutions authorizing the right of way agreements and accepting the conveyance of real property for the Merrydale Overcrossing. RESOLUTION NO. 8969 -AUTHORIZING THE SIGNING OF RIGHT OF WAY AGREEMENTS WITH THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO FOR THE MERRYDALE OVERCROSSING PROJECT RESOLUTION NO. 8970 -ACCEPTING THE CONVEYANCE OF REAL PROPERTY FROM THE ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO FOR THE MERRYDALE OVER - CROSSING PROJECT AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8.REVIEW OF OUTREACH TASK FORCE FOR THE DAY SERVICES CENTER AT 14 RITTER STREET AS REQUIRED BY CONDITION #27 AS APPROVED BY THE CITY COUNCIL (Pl) - File 10-5 x 10-7 x 9-3-17 x 13-16 Councilmember Breiner stated she no longer had a question on this item. Councilmember Breiner moved and Councilmember Shippey seconded, to accept the report approving the Outreach Program. SRCC MINUTES (Regular) 6/21/93 Page 7 Page 8 Under discussion, Mayor Boro stated it should be received a memorandum from Planning Director on the Outreach Oversight Committee which is SRCC MINUTES (Regular) 6/21/93 noted for the record that the Council Pendoley clarifying the representatives included in the motion. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11.AUTHORIZATION TO REPLACE CABLE FOR POLICE RADIO SYSTEM (PD) - File 4-2-242 x 9-3-30 Councilmember Thayer stated her concern with the problems the Police Department is experiencing with this particular system, which were very costly. She stated this is a $500,000 system and asked what the City received in services from E.F. Johnson, the provider, and what they were willing to guarantee on this system. She also asked why the cable that was installed at the radio site on Dollar Hill has not been checked out, which she thought should be an integral part of that system. City Manager Nicolai responded this was an old cable which has been in place for years and stated she felt the E.F. Johnson and the bids that went out for the radio system primarily had to do with hard equipment and the computers. Ms. Nicolai stated there is some infrastructure that they have not had in the existing systems that the Department used and there was no indication at that point in time and some of it will depend on the sophistication of the system itself that whatever the problems are with the cabling are not causing a problem in something that is not as sensitive as this particular system. Ms. Nicolai stated there have been complaints since the beginning of this system; however, on the other hand, the current system operates better than the previous system. She stated what some of the complaints consisted of involve the training that has gone on in using this system and some of the modifications and how the Police Department has to operate a little differently than before. Ms. Nicolai stated that while there would be problems with any system, she felt this particular problem is underground and there was no way of knowing exactly how it would operate within the new system and after all the diagnostic tests, this appears to be an issue which staff wants to fix. She stated this was nothing that E.F. Johnson, or any other company, would have been asked to do as a component of that particular bid. Mrs. Thayer asked if E.F. Johnson was working with the City with no further cost with regard to fine tuning this system? Ms. Nicolai responded affirmatively and stated much of this was follow-up and the City does have a maintenance agreement which they would have had with a different company than E.F. Johnson, but E.F. Johnson has gone the extra mile to resolve the issues and problems that have come up in resolving these problems with their own computers, sending people out to resolve these problems and even working with some of the Police Officers and helping staff resolve these problems. Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the Resolution authorizing the Police Department to spend funds to replace damaged radio system cable. RESOLUTION NO. 8971 -AUTHORIZING THE POLICE DEPARTMENT TO SPEND FUNDS TO REPLACE RADIO SYSTEM CABLE (retaining the services of Jay Helms & Associates, in the amount not to exceed $40,000) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12.RESOLUTION APPROVING CONTRACT WITH DMG ASSOCIATES TO PROCESS STATE MANDATED COST REIMBURSEMENT APPLICATIONS (Fin) - File 4-10-270 Councilmember Thayer asked if staff has been tracking the amount of money spent on State mandated costs? Finance Director Coleman responded negatively, noting in some cases it is a substantial amount of funds, such as Workers' Compensation. Mr. Coleman stated this program would identify some of these costs and bring some funds back to the City, but others are worded in such a way that in many cases staff was performing functions that are State mandated for which the City would never get any funds back. Mrs. Thayer stated there were numerous some of the State mandated costs what the City is actually paying that might not be necessary. proposals in the State Capitol now to get rid of and noted she would like to have some idea as to for some of these costs, especially the major ones SRCC MINUTES (Regular) 6/21/93 Page 8 SRCC MINUTES (Regular) 6/21/93 Page 9 Councilmember Shippey stated he agreed with Councilmember Thayer on this issue and stated he would like to see some refunding on some of these costs, but not all of them. He stated that with the state of the budget now, the State seems to believe the cities and counties can absorb all of the State budget costs and there are many invisible costs that San Rafael is bearing and if there was a way to track these, it would be very helpful. Mayor Boro stated that was what this proposal would do. Mr. Coleman stated this proposal was an attempt in getting reimbursement for those costs and that the State has, in fact, appropriated monies to reimburse the cities for many of the things they are doing that are mandated on the City, but for which there are no funds for any of those programs. Mr. Coleman stated staff would put together this information for a future meeting. Mrs. Thayer clarified what she was asking was with regard to the unreimbursed mandated costs, although the State supposedly is to reimburse mandated costs, it does not do so in very many cases. Ms. Nicolai cited, for example, the Congestion Management Plan, which is not a State mandated cost, but if it is not done the State will not give any Proposition 11 funds to the City. Mayor Boro stated the program being recommended in this item will get a better fix on what the City is doing and have it applied in a more efficient manner, and then staff can look for more programs that the City can be reimbursed for from the State. He then asked for other information on the programs that have been suggested by the State that the City will not be reimbursed for, because of the above mentioned State procedure in this matter. Councilmember Shippey stated he felt it would be valuable for Council to know about this. Councilmember Thayer asked, with regard to the agreement to Provide Mandated Cost Claiming Services under the scope of services on #3b, second page of this agreement, what is the incentive for recovering more than the maximum of $7,500 which is provided for the Griffith & Associates consulting company, if they are not going to be compensated for more than this amount in the contract? Mr. Coleman stated he did not have the information at this time, but noted his experience with this firm in talking to other cities, is that they go for the maximum amount regardless of what the contract provisions are and all the recommendations from the other cities were that this firm generally gets more than the City could do themselves. Councilmember Thayer moved and Councilmember Cohen seconded, to adopt the Resolution authorizing the contract with DMG (David M. Griffith & Associates) to process mandated cost applications. RESOLUTION NO. 8972 -AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT WITH DMG (DAVID M. GRIFFITH & ASSOCIATES) TO PROCESS MANDATED COST APPLICATIONS (in the amount of $7,500) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17.PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 10.85 ENTITLED, "POLICE ROTATION TOWING SERVICES" (PD) - File 9-3-30 x 11-8 Mayor Boro opened the Public Hearing and then continued it to Council meeting of July 6, 1993, at the request of the Police Department, due to difficulties in contacting some of the potential carriers because of vacation conflicts. 18.PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE (RE: COUNTY ORDINANCE NUMBER 3138) (CA) - File 4-13-54 x 13-3 Mayor Boro opened the Public Hearing. City Manager Nicolai stated staff has been working over the last few years in an attempt to untangle some confusion created unintentionally by the adoption of the Dangerous Animal Ordinance and the resulting legal entanglement. She stated the Managers' group, along with the County of Marin and many of the dog advocates and anti -dog people have been working with attorneys in an attempt to come to the most expeditious way to handle dangerous animal complaints and litigation, in particular. She stated this revised Ordinance attempts to address and correct that problem and is the main component, and along with that there was a strong recommendation to the Board of Supervisors that they create an advisory board. She stated the Manager's group SRCC MINUTES (Regular) 6/21/93 Page 9 SRCC MINUTES (Regular) 6/21/93 Page 10 recommended strongly, because some of the issues related to the operation of the Humane Society, separate from what the City contracts with the Humane Society with regard to animal control, were getting mixed and felt the creation of this advisory committee would assist in evaluating the Countywide contract and the City's JPA, as it relates to animal control issues. Ms. Nicolai stated in addition to this, the Managers' group has been working with County staff and the Humane Society in attempting to address the costs of the City's contract for animal control, both dealing with attempting to reduce costs, as well at increase fees to bring this to a more reasonable level. She stated the latest proposal in this particular ordinance does modify the issue of the barking dog problem where the Humane Society will discontinue being the first responding agency and that will be distributed out to various police departments to respond to under their procedural methods, as well. She stated that in talking with various managers, as well as the San Rafael Police Department, the City does get involved to a certain extent in those types of complaints anyway; however, if the City's Police Department is to be the first responding agency, it will have to be dealt with in order of a public safety priority, with regard to calls already in progress. Ms. Nicolai stated most of the jurisdictions are in agreement with this, noting it is being put through each city in Marin County to adopt it, and because San Rafael belongs to the JPA, we are adopting the ordinance by reference, and she recommended Council adopt this ordinance. Councilmember Shippey asked Ms. Nicolai, with regard to Attachment A and the Estimate of Savings for Each Jurisdiction, because the print was blurred through the copying process, the approximate total of $31,000 for San Rafael, what percentage was this out of the other totals? Mayor Boro responded $231,000 and Mr. Shippey stated that was more than 100. Mrs. Breiner indicated it was 17.670. Mr. Shippey stated that did not address the possibility of potential lawsuits and he understood this move might be removing the potential of lawsuits. Ms. Nicolai stated it did not remove the threat of lawsuits, but removes the threat of lawsuits to the Commission that had been set up by the Dangerous Animal Control Ordinance who were becoming personally vulnerable and liable in the rulings and actions they took against the dog owners. She stated that now, what would happen, was there will be a single hearing officer designated and then the appeal from that is directed to the Court system, which is a much quicker resolution and immediately goes into the Court system so the City does not have either a board involved in this particular component of the ordinance and/or the volunteers being named as part of the various lawsuits. There being no one from the public who wished to speak, the Public Hearing was closed. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE (RE: COUNTY ORDINANCE NUMBER 3138) Councilmember Breiner moved and Councilmember Shippey seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1646 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 19.SELECTION OF COMPANY FOR BUS SHELTER PROJECT (CM) - File 4-10-271 x 9-3-11 x 11-1 City Manager Nicolai stated recently Council authorized staff to consider contracting with a firm to place bus shelters in the City of San Rafael, understanding that this included advertising on those shelters and also the potential for revenue. She stated because staff was aware of two firms in the area, they developed an RFP and sent it out in April, 1993, and set May 20, 1993 as a deadline for the proposals to be returned. She stated staff received three proposals and, she along with Planning Director Pendoley, Public Works Director Bernardi and Finance Director Coleman looked through the three proposals and evaluated them primarily related to the required conditions in these proposals. She stated this was not as strict as a bid specifica- tion, in the sense that staff asked the companies to submit a proposal and noted there were areas to discuss and negotiate. She stated one particular firm, Patrick Media, had many questions and certain items were not responded to such as references and sample agreements. She stated staff contacted Patrick Media and asked for SRCC MINUTES (Regular) 6/21/93 Page 10 SRCC MINUTES (Regular) 6/21/93 Page 11 certain clarification of the issues needed. Ms. Nicolai stated staff's basic recommendation was pursuing working with Gannett, the most promising company for this project. She stated some of the factors they looked at with these companies, in addition to just the finances, was the track record of the firm. She stated she felt they did not want to be a test case and they specifically asked for background and experience, etc. She also felt design of the shelters will be a particular interest and the most difficult hurdle to overcome, and then financial long-range benefit, as well as maintenance were some of the issues evaluated strongly by this group. Finance Director Coleman stated there were two areas: 1) looking at three companies themselves, of the three, Busline is a fairly small company, serving the East Bay as a sole proprietorship and has approximately $3 Million in assets. He stated Patrick Media is the previous Foster & Kleiser Outdoor Advertising firm that merged and is now part of the General Electric Corporation, as a division of GE Capital and Gannett is a major advertising newspaper chain. He stated this was the background on the three companies that are being considered for this project. Mr. Coleman stated the two proposals from Gannett and Busline were somewhat similar in that they proposed either a minimum dollar amount per month per shelter or a percentage of revenues. He stated Patrick Media took a different approach; their proposal was for 50 shelters, which was one of the things staff was looking at initially and concluded that maybe a little high in number than what they had looked at from other cities. He stated he checked with other cities such as Pasadena, who really did not have a large number of bus shelters, as was suggested by Patrick Media. He stated staff needed to attempt to compare Patrick's proposal using their 50 shelters and extending out the proposals made by the other companies, assuming that they, too, had 50 shelters and the figures that Council had were in the staff report. He then later asked Patrick Media what would happen if it was not feasible or desirable to have 50 shelters, if the City was only going to have 25, if they cut the figures in half. He stated Patrick Media indicated they would have to get back to him with these figures, which is the addendum to the staff report. He noted they were also looking at 30 or 40 shelters. Mr. Coleman stated in terms of revenue, it was his feeling that the comparisons that are in the report, $500, $600 or $700 a month total revenue are fairly ballpark figures, based on conversations he has had with several cities. He stated many of these cities either have a flat dollar amount or have a flat dollar amount and a percentage, as was suggested by some of the other companies. He stated that based on these conversations, he concluded that in many cases the revenues that are generated are in the range of the samples that are in the staff report, either $500, $600 or $700 a month, and in one case, the City of Vallejo, it appeared that the monthly advertising revenue was below $500. He stated the figures before the Council showed what the dollar amounts generated would be by the three firms who sent proposals in to San Rafael for the bus shelters. He stated the flat dollar amount is not making any allowance for the fact that after the threshold was reached from either $1.4 Million or $2 Million that the Patrick Media share would go to 210, versus 180, but in the initial stages he generally felt that probably Gannett and Patrick Media are fairly close and, depending on how the advertising goes, one or the other could have the edge in the early years of this program. He noted staff felt that Gannett certainly had, based on the original proposal, the best of the three proposals and that Patrick Media had several question marks that staff felt needed to be answered and they did not feel that 50 shelters was adequate and even the 30 shelters, in the case of $600 per month on the Addendum would bring in $252,000 versus Patrick Media $200,000. He stated this money would be coming in on a monthly basis, instead of one lump sum in the beginning of the program. He stated the other thing boiled down to the ability of which firm knew the community better, and noted it appeared Gannett did know the community better and since it is the largest firm that operates bus shelters, was also a consideration in their review of these proposals. (Councilmember Breiner left meeting.) Mayor Boro stated for the record, Councilmember Breiner informed him that she was leaving this discussion because she has stock in General Electric and decided she may have a conflict of interest. Councilmember Shippey asked Mr. Coleman whether one of the factors in favor of using Gannett was they only required a 10 year contract versus a 15 year contract? Mr. Coleman responded affirmatively, and stated staff was looking at the proposals, as submitted, and Patrick Media has submitted additional information after they received the staff report, but looking at the initial proposal which was the basis for this staff report, that statement is correct. Mr. Shippey asked if this would be toward SRCC MINUTES (Regular) 6/21/93 Page 11 SRCC MINUTES (Regular) 6/21/93 Page 12 damage? Mr. Coleman responded his discussions with other cities indicated they only had five year contracts and he felt they became locked into contracts that he felt the other cities would have to renegotiate in five years and the proposal the City was receiving now seemed much more lucrative for the City and not knowing what they were really getting into, the Committee was not sure the City would want to lock themselves in with one firm for 15 years. Mr. Shippey stated that Gannett seems to propose the most flexibility in design and asked what generated this? Ms. Nicolai responded that Patrick Media's proposal had two pictures which were similar, with some differences. She stated in talking with Busline earlier, one of the issues that constrains the design is the solar panel proposed and that there is a certain limitation to how much design there would be if the City decided to go with solar, which is Busline's proposal. Mayor Boro asked if the representatives of these three companies would like to talk to Council about their proposals, they were more than welcome to do so and if there was anything the Council had before them that was not correct, they were welcome to respond to that. Patrick David, representing Busline Media, stated they were a smaller company that did not have the backing of the larger companies, but they were the only company operating in the total East Bay region on the smaller projects which gave them more expertise with the smaller communities. He stated, with regard to the solar design in these shelters, their only constraint is on the solar and they do the solar so they do not have to tear up the streets. He stated they could accommodate any other shelter, but had to keep a certain roof line to hook the solar panels to. Mayor Boro asked how these shelters are lighted in the evening. Mr. David stated they could put up to four panels on the roof which can give up to eight hours of power. He stated most of the cities they work in do not want the shelters on after the buses quit running, so they attempt to shut them down at the end of the bus runs. Councilmember Shippey inquired with regard to the solar panels, if it would be feasible to do a dual function, with a back-up lighting system and asked if there were designs that included this? Mr. David stated the only other lighting system would be to go electrical also, but noted they operate in Richmond for six hours in the Winter months with the solar panels. Lou Lillian, Vice President and General Manager of Gannett Transit Shelters of Northern California, addressed Councilmember Shippey by stating they did have a ten shelter plan that they started in Petaluma which is very successful. He noted it was clean, snappy and they are very proud of this. He stated they are along Washington and North McDowell. He stated what they do in communities in Petaluma is to employ the Old Adobe Systems which is a developmentally disabled organization which trains and employs young developmentally disabled people to post the advertising in the bus shelters and do the maintenance. He noted they have been working there for approxi- mately six months. He stated they have been in the shelter business for almost two decades and have approximately ten years experience in California in Los Angeles and San Diego and six years in San Francisco. He stated their relationships with local governments are considered to be the epitome of public/private partnerships in terms of public service and the added things that are offered to a community. Mr. Lillian stated their maintenance program is fulfilled by contracting with local companies, as they would do in San Rafael. He stated they would train and employ a local maintenance, perhaps a non-profit organization and supervise them in the maintenance and posting of the shelters. He stated, as in their proposal, they would be cleaning a minimum of once a week, but could do them every day if necessary. He stated there will be a hotline posted in the shelters which will be connected into their 24-hour a day, seven day a week response time and they would respond according- ly. Mr. Lillian stated they maintain a national sales office throughout the Country and have over 200 sales representatives throughout the United States. He noted he is responsible for transit shelters in Northern California and stated they have a large client list who have expressed interest in San Rafael. He stated that providing what San Rafael requested, they could pay the revenue up front, or on a monthly basis; whichever met the needs of the City. He stated they would keep the design appropri- ate for the downtown area of San Rafael and environmentally sensitive and would be installing public phones in the shelters for the convenience of the transit riders from which the City would receive an additional revenue. Mayor Boro stated Council received a FAX message from Mr. Hooper, representing Patrick SRCC MINUTES (Regular) 6/21/93 Page 12 SRCC MINUTES (Regular) 6/21/93 Page 13 Media. Bill Hooper, representing Patrick Media, stated his company is the largest outdoor advertising company in the Bay Area and also the largest in the United States. He stated this was important, especially in servicing an outdoor advertising plant, which is what these are, in addition to being bus shelters. He stated they had approximately three days' notice for the RFP, because they were not on any mailing list. He stated they did want an opportunity to express their ability, as a company, to generate revenue for San Rafael and have put a significant amount of funds up front as an opportunity for San Rafael to see that up front funding, as well as long- term revenue participation which they felt was the high bid. He stated he felt the rates that are anticipated coming in on this structure are significantly under- estimated in the staff report, which needs to be discussed. He stated a bus shelter was like an advertising sign and illuminated from dusk to midnight and/or dawn. He stated advertising was sold for these on a monthly basis. He noted these were graffiti prone and all the things a billboard is and the experience which goes into servicing that should be unquestioned and their company definitely has the ability to do this. Mr. Hooper stated he was present tonight to request that Council send this back for further evaluation and have the opportunity to have a more extended review, and wished they had more time to put this proposal together. Ms. Nicolai stated that when staff called and asked for references on Patrick Media for bus shelters and followed up on those references, they were all for Target which seemed to be a recent acquisition of their's. She asked if their outdoor advertis- ing, aside from that, was billboards? Mr. Hooper answered affirmatively and stated that their experience, as Patrick Media Group, is with outdoor advertising signs which is a very complex business, and they have 3,300 sign facings in Northern California. He stated in the recent acquisition of Target they also took on those employees and the former principal in that organization is now the Vice Presi- dent/General Manager of that Division of their company. Mr. Hooper stated their company was just now expanding into the transit properties, and noted they are the staff's recommendation on the Bay Area Rapid Transit District (BARTD) renewal. He stated maintaining 50 or 25 bus shelters should not be a difficult task for their company. He noted the RFP did not address the exact numbers of shelters or the term. He stated they felt this would be discussed prior to writing the RFP, and noted they were flexible on these terms, but a little confused by the process beforehand. Councilmember Thayer asked if they were looking at possible revenue of $600 to $700 a month? Mr. Coleman responded this revenue would be generated by the company chosen and the City would receive a percentage of that or the flat dollar amount. Mrs. Thayer asked where the figures - $600 through $700 - come from? Mr. Coleman stated these were based on his discussions with many of the references that were supplied by the companies being looked at, which included a formula that was either a flat amount or a percentage. In those cases where they were receiving those two options, he had some discussions with the cities and was able to determine roughly what the average monthly revenue was that was being generated in those cities. Generally speaking, he noted, the range was from under $500 to a high of $720, based on the cities that he talked to that were in the references for the three companies being considered. Mrs. Thayer asked if the City Manager's Office contacted other cities that had done this? Ms. Nicolai stated she asked Mr. Coleman to do the reference checks, not just on the economics, but also on their experience with the maintenance so there was only one phone call made to these companies asking numerous issues. Mrs. Thayer asked what was the companies' experience with regard to graffiti? Mr. Coleman stated that all the cities he talked with felt the companies did a very good job and when there was a problem, they responded to cities' concerns about graffiti or any other vandalism that may occur at the bus shelters. In all cases he was able to determine that these companies were in charge of the situation because they did not want the shelters looking bad and in all cases the firms generally worked with the city, if in fact they had a location where a bus shelter was located where the stores and/or businesses did not want them or they felt the advertising in the shelter was not appropriate, the shelter was removed and/or the advertising was removed. Mrs. Thayer asked if these shelters had public telephones, would they be just one-way calls? Ms. Nicolai responded affirmatively. SRCC MINUTES (Regular) 6/21/93 Page 13 SRCC MINUTES (Regular) 6/21/93 Page 14 Mayor Boro asked Mr. Coleman with regard to his opening summary about the financial arrangements in the case of Patrick Media, the $300,000 advance plus 210 of the advertising revenue after $2 Million, was this predicated on 50 shelters? Mr. Coleman responded affirmatively. Mayor Boro then stated with these numbers, that was how Mr. Coleman came up with the $200,000 on 30 shelters at $600 per month and $200,000 on 30 shelters at $700 per month. Ms. Nicolai responded negatively and stated that was a follow-up phone call to them asking what would their proposal be if the City wanted less than 50 shelters? Mayor Boro asked was it $200,000 up front, or over the life of the contract? Mr. Coleman responded this was $200,000 up front, as is the $300,000 and stated he asked these companies that if they only did 25 shelters, would that cost one-half this amount, and he picked the 30 shelters proposal since this was what staff thought was an appropriate place to start. Mayor Boro stated, as he recalled, they were thinking somewhere in the range of 15 or 25 maximum as the goal from the start. Ms. Nicolai stated the number of shelters was not a big issue except when the proposals came in so different, Mr. Coleman, through the follow-up calls from other jurisdictions, noted other cities that are similar in size or larger did not have as many as 50 shelters which brought up the concern as to whether the City could accommodate 50 shelters. She stated that was why staff went back and got more information on this. She stated she felt this was one of the big issues with any of the firms that will be negotiable, but is not the critical factor which is mutually working out the locations for these shelters and how many shelters would work in San Rafael? Mr. Coleman stated he felt the 50 shelters were not only based on what other cities are doing that are much larger than San Rafael, but that it does not take into account what the company feels it can sell in the way of advertis- ing, and potentially there might be 100 shelters they could possibly put in town and fill those billboards all the time. He stated it was a question of what the community feels they need in the number of bus shelters. Councilmember Shippey moved and Councilmember Thayer seconded, to approve the proposal from Gannett for bus shelters in San Rafael. AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Breiner (Due to potential conflict of interest) (Councilmember Breiner returned to meeting.) 20.CONSIDERATION OF TWO PROPOSED CHARTER AMENDMENTS FOR NOVEMBER 2, 1993 GENERAL MUNICIPAL ELECTION: (Fin) - File 9-4 x 1-1 x 9-3-12 x 9-3-20 x 9-3-40 a. ALTERNATE PROCEDURE FOR PUBLICATION OF LENGTHY ORDINANCES b. CHANGE IN PROCEDURE FOR PURCHASES AND CONTRACTS Mayor Boro asked if staff was asking to have this finalized by the meeting of July 19, 1993 due to the fact that the information has to be to the County Election Office by July 23, 1993? Ms. Nicolai responded affirmatively and stated staff felt they should raise the question of whether the Council wanted to put these measures on the November 2, 1993 ballot. She reminded Council that the reason they were brought forward initially was because they dealt with not only cost efficiencies, but some time efficiencies and this was part of why staff was recommending that they be considered as Charter Amendments. She stated this was a matter of if and/or when Council would want to take these to the voters. Councilmember Thayer stated she deferred to staff's recommendation, however, she asked that if they eliminate formal bid procedures for all purchases over $5,000, would this be an absolute? Mayor Boro responded that the difference was that rather than have the limit $5,000, the Council would determine by ordinance what that limit would be. Mrs. Thayer agreed. Mayor Boro asked if it would be stated in the ballot what the limit would be or would we do that after the election? Mr. Coleman stated he was not sure about that and it could possibly be discussed, but having looked at quite a few other cities, the General Law Cities have no cap in there for a limit, except for Public Works construction and it is set by ordinance. He stated charter cities have the ability to set it anywhere they want for any of their purchases and it probably varies anywhere from $15,000 to $35,000. He noted it was a feeling of the Purchasing Committee that it should be somewhere in the $20,000 range, but that would be something that if the Council felt should go on the ballot, could be done. Ms. Nicolai stated it was staff's recommendation, because of the costs of elections, that the Charter be amended to allow purchases to be set by ordinance so staff could keep SRCC MINUTES (Regular) 6/21/93 Page 14 SRCC MINUTES (Regular) 6/21/93 Page 15 this somewhat in sync with what other jurisdictions are doing. She noted it has been a long time since this was done before, and every time something like this is set so specific in the Charter, a Charter amendment is a fairly onerous thing to deal with. She stated she preferred that the Council consider modifying it to allow the Council to do this by an ordinance which still requires a first reading and second reading. Mayor Boro stated he was not advocating that the Council specifically state what was to go into this ballot measure, but noted it would be interesting to find out what other cities are doing in Marin county and then other charter cities, and secondly, the Council would probably want to have some discussion with regard to what range should be considered, based on those findings they make. Ms. Nicolai asked if Council wanted staff to pull this item completely? Councilmember Breiner noted in the Charter Amendment, Section 3.1, "Bids and Awards", in the second sentence it states, "The ordinance may provide. . ." and asked if it should state "The ordinance will provide. . ." or ". . shall provide. . ."? She stated she felt this needs to be a given and wondered if it would be easier if they were to put a few comments in the Ordinance with regard to this. Mayor Boro stated they did not want to rewrite the ordinance, at this time, and stated the first question is Council interested in pursuing this and what questions does Council want the staff to pursue in the process of bringing this back to Council next meeting to have the first reading on the ordinance. Mrs. Breiner agreed with the need for this, but felt this was the type of issue that if it is not very carefully constructed, the public will think it is a "blank check", which is why she has a great concern about this wording. Councilmember Shippey stated, with the consent of City Attorney Ragghianti, that if there was a way Council could recommend what the first ordinance would look like in a way that could be incorporated into a valid argument, that would state this will be set by ordinance, but the Council proposes at its first ordinance to propose a limit of $15,000, or a similar amount, even if it is not a part of the ballot measure, per se. City Attorney Ragghianti stated the ordinance is always available for any member of the public to read in full at the City Clerk's Office and sometimes it is printed in full, if it is not too lengthy in the ballot pamphlet. He noted they could do what Mr. Shippey was suggesting. Councilmember Shippey moved and Councilmember Breiner seconded, to approve consideration of two proposed charter amendments for the November 2, 1993 election. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 21.LITCHFIELD USE PERMIT (CM) - File 10-5 x 10-2 x 100 Irving Litchfield, owner of the Litchfield Emporium, stated his concern about the City's Planning Commission's decision to increase the parking spaces for the Bermuda Palms Motel to stay open for business. He gave copies of his letter regarding this issue to the Council. Mayor Boro asked who wrote the letter given to the Council? Mr. Litchfield responded his son wrote it. Mr. Litchfield stated he accepted the letter he received from Code Enforcement Officer Machado, but would not obey its contents and would be opening his business regardless of the Planning Commission's decision to increase the parking spaces. 22.AUTHORIZATION FOR SAN RAFAEL ROTARY CLUB TO CONSTRUCT ENTRY STRUCTURE (PW) - File 105 x 9-3-40 x 11-1 Public Works Director Bernardi showed the Council the sketch of the entry structure, which will be located on the south side of Hetherton, south of the Mission Avenue and Hetherton intersection, south -bound on Hetherton and would be on the right-hand corner. He stated there were two small Eucalyptus trees at the site now and one would have to be removed for visibility purposes. Mr. Bernardi stated the entire cost of this structure would be borne by the Rotary Club and will be constructed partially with volunteer labor, and they have also budgeted funds to purchase materials and whatever labor they cannot get donated. Mr. Bernardi stated the logo read, "Welcome to City of San Rafael", which he felt was grammatically incorrect and staff will be working with the Rotary Club to change this wording. Mayor Boro asked if there was a need to say, "Welcome" on these signs and SRCC MINUTES (Regular) 6/21/93 Page 15 SRCC MINUTES (Regular) 6/21/93 Page 16 noted the idea was very good and the Rotary Club should be commended for this work. Councilmember Shippey moved and Councilmember Breiner, to authorize the San Rafael Rotary Club to construct entry structure at Hetherton Street and Mission Avenue. Under discussion, Councilmember Thayer commended the Rotary Club and asked Council to send them a letter to that affect. Ms. Nicolai stated that when the City dedicates this sign, then there should be a small ceremony where the Rotary Club would receive a Resolution of Appreciation. AYES: COUNCILMEMBERS: Breiner, Cohen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 23.CITY COUNCIL REPORTS: None. ADD ITEMS: Shippey, Thayer & Mayor Boro At the request of Assistant City Manager Golt, Councilmember Breiner moved and Councilmem- ber Shippey seconded, to place an item on the Agenda for discussion as an urgency item, which came up after the Agenda was posted. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None I.EARLY RETIREMENT PROGRAM - 7-1-26 x 7-4 x 9-3-11 Assistant City Manager Golt stated the resolution before the Council amends the previous Resolution on the Early Retirement Program. She stated the change was very simple and noted it changes the period of notification that the employees have to adhere to in order to allow notification and retirement by June 30, 1993. She stated this change is being proposed to the Council tonight simply to allow the employees who occupy positions that are going to be eliminated, due to budget problems, to take advantage of the Early Retirement Program and staff recommends Council approve this procedural change. Councilmember Shippey stated he knew of one or two specific incidents which caused this to come to the Council and asked if staff was relatively certain that there will be adequate notification so this will not be brought to Council again after June 30, 1993. Ms. Golt responded affirmatively and stated she was very confident that this will probably be restricted to no more than one of the classifications. She stated staff has reviewed the other positions and does not anticipate any others. Ms. Nicolai stated the modification does not amend the date by which they have to be retired, which is June 30, 1993. She stated that what it amends is that staff wanted to know by April 30, 1993, and they can still, within the deadline of retiring, inform staff by June 30, 1993 which would give them one week to accomplish this. She noted it will not go into the next fiscal year and is only geared to end as of next week. Ms. Golt stated it cannot go into the next fiscal year. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolution adopting an expansion of the Early Retirement Program and the Program's qualifications and conditions. RESOLUTION NO. 8973 -AMENDING RESOLUTION NO. 8851 ADOPTING AN EXPANSION OF THE EARLY RETIREMENT PROGRAM AND THE PROGRAM'S QUALIFICATIONS AND CONDITIONS (employees must notify their departments by 6/30/93 and select a retirement date which is implemented & in effect between 3/16 and 6/30, 1993) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None II.SAN RAFAEL CITY BUDGET - File 8-5 (VERBAL) City Manager Nicolai advised Council there are copies of the Budget available in the Finance Department for $1.00. III.LEGISLATION - File 9-1 (VERBAL) SRCC MINUTES (Regular) 6/21/93 Page 16 SRCC MINUTES (Regular) 6/21/93 Page 17 Councilmember Breiner requested an item be put on a future agenda for discussion of revoking State legislation to require senior citizens to pay upgraded taxes when they move, just as other citizens do that are below 65 years old. There being no further business, the meeting was adjourned at 10:45 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1993 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 6/21/93 Page 17