HomeMy WebLinkAboutCC Minutes 1991-03-04SRCC MINUTE 'Regular) 3/4/91 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 4, 1991, AT 7:00 P.M.
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. Discussion of Litigation.
No. 91-3(a) - #2.
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 4, 1991 AT 8:00 P.M.
Regular Meeting: Present: Dorothy L. Breiner, Vice -Mayor
San Rafael City Council Albert J. Boro, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember
Absent: Lawrence E. Mulryan, Mayor
Also Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Boro moved and Councilmember Thayer seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Regular Meeting of
February 19, 1991 (CC)
3. Authorization to Call for Applications to Fill
One Position on the Fire Commission Due to
Expiration of Term of Fire Commissioner
Jeremiah Sweeney (CC) - File 9-2-5
6. Resolution Authorizing Extension of Agreement
with Liebert, Cassidy & Frierson for Sonoma -
Marin Training Consortium (Pers) - File 4-3-214 x
7-4-7
7. Resolution Authorizing Destruction of Certain
Police Department Documents (PD) - File 9-13 x
9-3-30
8. Resolution Authorizing Execution of Agreement
with Industrial Employers & Distributors
Association (IEDA) as City's Labor Relations
Negotiator (CM) -File 4-3-134
10. Resolution of Appreciation to Peacock Garden
Club Commemorating Arbor Day Celebration
March 8, 1991, Planting of Trees at
Falkirk Cultural Center (PW) - File 109 x
9-3-84
RECOMMENDED ACTION
Approved as submitted.
Approved staff recommendation;
a) Called for applications,
w/deadline for receipt Tuesday,
March 26, 1991 at 12:00• Noon, City
Clerk's Office;
b) Set date for interviews at
Special Meeting, Monday, April 1,
1991, commencing at 6:30 P.M
RESOLUTION NO. 8346 - AUTHORIZING
EXECUTION OF AGREEMENT BY CITY
MANAGER FOR SPECIAL SERVICES
BETWEEN CITY OF SAN RAFAEL AND THE
LAW FIRM OF LIEBERT, CASSIDY, AND
FRIERSON (Beginning 2/15/91, for
12 months)
Carried over to next meeting,
March 18, 1991.
RESOLUTION NO. 8347 - AUTHORIZING
THE SIGNING OF A CONTRACT,LEASE,
OR AGREEMENT WITH INDUSTRIAL
EMPLOYERS AND DISTRIBUTOR
ASSOCIATION (IEDA) FOR LABOR
RELATIONS SERVICES (extending
agreement)
RESOLUTION NO. 8348 - RESOLUTION
OF APPRECIATION TO PEACOCK
GARDEN CLUB WITH REGARD TO
THE ARBOR DAY TREE PLANTING
PROJECT AT FALKIRK CULTURAL
CENTER
12. Amendment to Agreement with Broome, Oringdulph, RESOLUTION NO. 8349 - AUTHORIZING
O'Toole, Rudolf, Boles & Associates Re Structured THE MAYOR TO SIGN AN AMENDMENT
Parking for Proposed City/County ARCHITECTS ADDING STRUCTURED
Library (Lib) - File 4-13-79 x 9-3-61 PARKING TO THE SCOPE OF SERVICES
FOR PROPOSED CITY/COUNTY
LIBRARY PROJECT
SRCC MINUTES (Regular) 3/4/91 Page 1
13. Claims for Damages:
a. Richard Lee (PW)
Claim No. 3-1-1539
b. Richard Lee (PW)
Claim No. 3-1-1540
SRCC MINUTE) Regular) 3/4/91 Page 2
Approved City Attorney's
recommendation for denial of Claims
a, b, & c.
C.
Raymond & Bernadette
Kelleher
(PW)
Claim No. 3-1-1517
AYES:
COUNCILMEMBERS:
Boro,
Shippey,
Thayer & Vice -Mayor Breiner
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Mayor
Mulryan
ABSTAINED:
COUNCILMEMBERS:
Vice -Mayor Breiner (from approval of Minutes of Regular
meeting of February 19, 1991
only, due to absence from meeting.)
The following items were removed from the Consent Calendar for discussion:
4. REPORT ON BELOW MARKET RATE HOUSING AGREEMENT, SPINNAKER POINT UNIT FIVE (P1) - File
5-1-263
Councilmember Thayer stated she had a concern about not placing an escalator clause
in agreements like this, noting that if the developer is to pay in -lieu fees for
affordable housing and that housing is not built within a period of a few years,
those in -lieu fees basically depreciate in value. She suggested that this is something
they should look at for this and future agreements with development projects. She stated
that essentially the below market fees are going to provide security that these five
affordable housing units are built. She then asked Planning Director Pendoley to confirm
whether it was four or five units that were to be built. Mr. Pendoley responded five units.
Vice -Mayor Breiner stated that the City has an option to demand the actual units, rather
than accepting the in -lieu fees, which gives them a certain amount of clout. Ms. Thayer
stated that her second concern was whether or not Spinnaker Point 2 had water allocated
to it. Mr. Pendoley responded that it did not. He also stated that it does not have an
approved tentative map at this time. Ms. Thayer asked if no grading would take
place until they have water. Mr. Pendoley stated they are allowing some grading to allow for
dredging spoils, however, there was no grading being done to support construction until a
final map has been approved.
Councilmember Shippey asked to confirm that the tentative map is still scheduled to go
to the Planning Commission at its next meeting. Mr. Pendoley stated that it was
scheduled to go to the Planning Commission on April 9, 1991.
Councilmember Boro moved and Councilmember Shippey seconded, to accept report.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
5. AUTHORIZATION TO CALL FOR BIDS FOR TERRA LINDA PARK PLAYGROUND IMPROVEMENTS (Rec) -
File 12-5 x 12-15 x 9-3-65 x 9-3-66
Councilmember Shippey asked if they had more precise timing than what was given in the
report for the completion of this project. Recreation Director McNamee answered that
the precise planning was still in progress, noting they wanted to go to bid tonight,
but there is a final draft of the playground equipment and the parents will be reviewing
that tomorrow. She also stated that there was a little fundraising still to be done,
which should decide how big the playground will be. All the hardscape is designed and
done. She stated their goal was to put the project out to bid by the end of this
month and complete it by this Summer before the pool season gets heavy, as they do
not want construction when the park is busy.
Councilmember Shippey moved and Councilmember Thayer seconded, to Call for Bids for Terra
Linda Park Playground Improvements.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
SRCC MINUTES (Regular) 3/4/91 Page 2
SRCC MINUTES regular) 3/4/91 Page 3
9. APPROVAL OF REQUEST FOR PROPOSALS (RFP) FOR EFFICIENCY AUDITS OF ALL CITY DEPARTMENTS
(CM) - File 7-4 x 9-2-42
Councilmember Thayer stated that this was a well written report, however, she
asked about adding to the scope the question of how employees' morale impacts upon
efficiency. She stated that she would like this to be an integral component of the
audit, to include all departments.
Councilmember Boro moved and Councilmember Thayer seconded, to approve the request for
proposals for the efficiency audit, as modified by Councilmember Thayer.
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
11. RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT DEED RE PURCHASE OF TAX -DEFAULTED PROPERTY,
AP# 9-010-20 (Murphy Rock) San Rafael, CA (PW) - File 2-15
Councilmember Shippey asked about the location of Murphy Rock. Public Works Director
Bernardi stated that Murphy Rock had been graded to make part of the levee system and
was located basically at the property line between Canalways and Spinnaker Unit Two,
where the levee makes a sharp bend. Mr. Shippey asked if the public will have access
to it. Mr. Bernardi answered affirmatively. He also stated that one of the reasons
it was acquired was because it is a link to the overall levee system around Spinnaker
Point. Vice -Mayer Breiner asked how big was Murphy's Rock. Mr. Bernardi responded
that it was approximately 200 square feet.
Councilmember Shippey moved and Councilmember Boro seconded, to adopt Resolution
Authorizing Acceptance of Grant Deed for Murphy Rock.
RESOLUTION NO. 8350 - RESOLUTION ACCEPTING CONVEYANCE OF REAL PROPERTY
TO PURCHASE TAX -DEFAULTED PROPERTY, AP# 9-010-20
(MURPHY ROCK)
AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
14. PRESENTATION OF CALIFORNIA PARK AND RECREATION SOCIETY COMMUNITY VOLUNTEER AWARD
RECEIVED BY SAN RAFAEL CHILD CARE TASK FORCE (Rec) - File 228 x 9-2-4 x 109
Councilmember Boro stated that the Child Care Task Force completed its work last
year and presented its report to the Council. One of the first steps was to form the
Child Care Advisory Committee which met for the first time last Wednesday night.
He stated that there were six areas the Committee will be focusing on. One step
was to get and sustain the interest of schools, government and businesses in this arena
of child care. Dixie School District was part of this charge and one of their new
schools is intending, with the approval of the City, to establish child care on two
campuses. He stated that this was a great step forward, noting there are now
Federal funds available. Via the Child Care Block Grant, the State of California
will receive $160 million in fiscal year 1991-92 and this will be apportioned via the
Board of Supervisors. Coordinator Terry DeMartini indicated that the Board will be
looking for groups such as San Rafael's Child Care Task Force to work with the County
on the appropriations of this money.
Councilmember Boro stated that the other item discussed at the last meeting was the Marin
Community Foundation funds. He stated that two members of the Foundation will speak to
the Committee at the next meeting of the Task Force, March 20th.
Mr. Bruce Raful, member of the Park and Recreation Commission, presented the Society
Community Volunteer Award to Vice -Mayor Breiner. He stated that this is given to an
agency in the City that contributes significantly to the community. He stated that
there are over 6,200 children in San Rafael, 4,000 of whom need child care services and
1,700 who actually get them. They are continuing to work on this. He stated their
appreciation to Councilmember Boro as Chairman. He also gave a presentation made by the
children of the San Pedro School, where there is new child care center. Also presented
to Council were "thank you" notes written by Short School Children's Center.
Vice -Mayor Breiner thanked all involved for their participation in this project.
Councilmember Thayer commended Councilmember Boro on the hard work he put into this
Task Force, stating that this was probably the only program like it in Marin
County and it is a great achievement.
Councilmember Shippey added his appreciation to Councilmember Boro for his participation
on this Task Force.
SRCC MINUTES (Reqular) 3/4/91 Page 3
SRCC MINUTES kRegular) 3/4/91 Page 4
15. SAN RAFAEL COMMUNITY CENTER PARKING LOT IMPROVEMENTS (Rec) - File 12-5 x 12-15 x
9-3-65 x 9 -3-66
Recreation Director McNamee gave a brief history of the site at 602 B Street in
front of the San Rafael Community Center and Albert Park. She stated that little over
a year ago the house on the site, 602 B Street, was torn down, noting they received
permission from the Council at that time to spend approximately $60,000 to pave the area
and referred to the approved plan at that time. She noted the Council asked staff to
take this design and the need to improve lighting at Albert Park and review it with the
Design Review Board and the Park and Recreation Commission to make sure it correlated
with the Albert Park Master Plan. She stated they hired a designer, whose plan was
estimated to cost $240,000. Since this was considered a very high figure by Park and
Recreation Commission and Design Review Board, they were asked if they could do it for
less money. They tried to keep the basic footprint of the plan with pedestrian access
that linked both B Street and the Park to the Center. The other improvement considered
was the traffic circulation in the parking lot that would be achieved by adding a new
exit nearer to the Safeway lot. She noted the plan included in the Council's packet
keeps that pedestrian access, improves circulation and does increase parking spaces.
She stated the budget figure for this is $150,000 and noted they have $21,000 currently,
which was left over from the Albert Park Lighting Project. Ms. McNamee asked Council
for direction in terms of the relative priority of this project, knowing the budget
constraints, indicating the lot is secure as it is currently enclosed by a chain link fenc(
Public Works Director Bernardi then explained the three plans for the parking lot.
Vice -Mayor Breiner asked if the first plan was the design before it went before
the Committee. Mr. Bernardi replied that it was based upon the Committee's input.
Ms. McNamee stated that when it went before the Design Review Board, they asked if
it could be redone at less cost. She then referred to the third plan which included
less demolition and replacement of hardscape, which constrained how many parking spaces
they could get. Mr. Bernardi then showed the difference between the second plan and
the third plan, which is 15 parking spaces in the second and 11 in the third plan.
That was determined by the landscaping that would be done. Ms. McNamee stated that
the third plan, which costs $150,000, does not include any landscaping because of
budget restraints and the present water conditions. They would put in equipment for
future irrigation, when funds would be available to do the landscaping and there is
a better water environment.
Councilmember Thayer asked if this was included in the Capital Improvement list.
Ms. McNamee indicated it was. Ms. Thayer then asked its ranking. Mr. Bernardi
responded that it was in the overall Capital Improvement list under Albert Park.
Ms. Thayer asked how it was prioritized on this list. Mr. Bernardi responded he
did not know. City Manager Nicolai stated that this became an issue when the house
at that site became available for demolition. It was brought to the point where
the Council allocated the $60,000 to have the house torn down. She said it then
evolved into the $240,000 plan, and because of the Agency's current funding situation,
there is not much flexibility in choosing between the projects already started and
this one. She stated that if the new list of projects is approved, there will be
greater flexibility to have some funding in there to possibly do the modified plan.
Ms. Nicolai said that even in the new plan, the funding is still tight. She stated
they were showing Council the latest modified version of this plan to help them
understand what staff is trying to accomplish. Councilmember Thayer said that her
concern was that they could not prioritize this project until funding became available.
She asked if this could be covered by Redevelopment funding. Ms. Nicolai responded
that it could, but it is not specifically listed as a project funded by the Agency,
noting said there was no money available now.
Councilmember Boro asked about the item in the Design Review Board minutes that stated,
"The Design Review Board recommended the plan be approved, but eliminate some of the
architecturally textured pavement to cut cost". He asked if this would eliminate
parking spaces or just the design impact. Mr. Bernardi answered just the design impact.
Mr. Boro asked why the number of spaces was reduced to 11 from 19 on the original plan
when one of the priorities was parking. Mr. Bernardi stated that this was an issue
they wanted feedback on from the Council in order to proceed. He stated that it depends of
what the main goal is, parking spaces or landscaping. Mr. Boro asked what the cost would
be if they dressed up the project and achieved 19 parking spaces. Mr. Bernardi stated
that the second plan showed the possibility of 19 parking spaces. Ms. McNamee stated
that this plan does not achieve the circulation needed and the pedestrian access.
She went on to explain the different aspects of the plans. Mr. Boro asked how the
cost went from 15 to 11 parking spaces when they designed the last plan. Ms. Nicolai
stated that that did not include the parallel parking included in the second plan and
the landscaping is less than the other plans. Mr. Boro stated that he would like to
see the parking maximized, but at the same time not take away from the enhancements
to the property.
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SRCC MINUTE (Regular) 3/4/91 Page 5
Councilmember Shippey stated he had a concern of setting a new precedent of taking money
from one area to pay for another area, that is the use of the bedroom tax for something
other than active recreational facilities. He stated it was his concern that they not
do that unless there was a clear, pressing need and it does not seem that there is, since
they were a month or two away from learning about Redevelopment III. He strongly urged
the Council against doing anything to alter the policy for which they allocate bedroom
tax expenditures.
Sandy Lollini, President of the Gerstle Park Neighborhood Association, stated that they
were concerned about the lighting and security of this area, and the appearance within
the neighborhood. She asked if the City could tear down the chain link fence surrounding
this property, level it, and provide some lighting to provide security for pedestrian
access in that area. She mentioned that the neighborhood was trying to improve the
appearance of the property, and make it a more safe access for the people who live
in the Gerstle Park area.
Vice -Mayor Breiner stated that they did not want to spend money now until the decision
has been made as to what will be done with this property. She asked staff if the City
was paying rent on the chain link fence. Mr. Bernardi stated it was less than $100
a year.
Councilmember Shippey asked if this was an issue of safety or visibility (appearance).
Mr. Bernardi suggested that if the chain link fence was removed, the wooden fence that
is parallel to the entry driveway into the Recreational Center should be removed, too.
He stated the cost to do this would be fairly minimal, but there would still be an area
that was not landscaped and a place where people could dump trash. Ms. Nicolai stated tha.
the problems existed when the house was still standing, with regard to homeless people
and fires, etc. Her concern was to get some sense of direction from Council as to what
direction to go with this property. She stated that they are trying to accomplish
getting the right amount of parking spaces and keeping the appearance up to good standards
for the least amount of money possible.
Councilmember Thayer asked about the lighting problem and the improvements that could
be made. Mr. Bernardi stated that they would have to run new electrical service to that
point and would be done as part of the overall improvements, noting there are no wires
currently available at this property. Ms. McNamee suggested that the $21,000 left over
from the Albert Park Lighting Project could be used for this. Ms. Thayer said the second
concern that she had was in reference to the trade-off in landscaping versus parking
spaces, vis-a-vis cost. She stated that the aesthetic value is important in that this is
a "gateway" to the whole neighborhood and should be improved, but there is also the need
for parking spaces. She asked if further review could be done from a design standpoint to
see if the parking could be maximized without losing any of the aesthetics and keeping it
within a price range that is workable.
Councilmember Boro responded to Ms. Lollini's statement about the chain link fence by
stating that it would probably be more trouble if the fence came down without improvement
to the property, because of the issues of trash dumping, etc. He asked if they
could possibly rent lighting for now, to light the lot at night. He requested staff
to pursue this versus putting this lighting plan in motion, noting his concern was if they
put money into this and then have to redo the whole project. He stated that they could
do something on an interim basis to make this a more secure and safe location. Mr.
Bernardi stated they would look into this.
Councilmember Shippey asked if they did take the fence down now, would that provide
the parking needed. Mr. Bernardi stated that it would be inaccessible due to a mud
problem and a higher liability situation with the possibility of claims against the
City. Ms. Nicolai stated that a short term lighting project would be more viable
than renting the equipment to light this lot. She asked if the Council would prefer
to go for the $240,000 or the $150,000 improvement plan. Councilmember Shippey asked
how critical parking was at this site. Ms. Nicolai stated that parking was probably
one of the most important issues in this.
Councilmember Boro stated that he would prefer the plan that gives more parking, and also
dresses the whole center up. He asked how they planned on lighting the chain link area, i -
they were to do the lighting, as requested. Ms. Nicolai stated she does not know at this
time, depending on the location needed most.
Vice -Mayor Breiner stated that she thinks they need to look into it and come back to the
Council with more information. She asked if there was some way to keep the expense on the
lower side and still maintain parking by trimming some of the landscaping that is closer tc
the pathway from B Street. Ms. McNamee stated that this would mean more demolition and it
is part of Albert Park and they were trying not to interfere with the Park area. Ms. Breine
asked if there was some way of compressing the landscaping and shifting the paths without
removing the planters that belong to Albert Park. Mr. Bernardi made another suggestion of
modification to the third plan. Vice -Mayor Breiner stated that she understood the Council
wanting the greatest number of parking spaces at the lowest cost with the aesthetic value
in place.
SRCC MINUTES (Regular) 3/4/91 Page 5
. .11SRCC MINUTE.` Regular) 3/4/91 Page 6
Councilmember Shippey stated that he thought if they were correlating cost
to parking spaces, maybe they should consider fewer parking spaces and just pedestrian
access and let the street serve as parking spaces. He stated he likes the landscaping,
especially if it costs less. Mr. Bernardi stated that the parking spaces on the
first plan cost almost $17,000 a parking space and $3,500 a parking space in the
alternate plan. Vice -Mayor Breiner stated that was a major difference. She
asked if Council agreed with the newest plan where circulation is vastly improved,
as well as the pedestrian access. Mr. Bernardi said they would try to see if they
could put a few more parking spaces into this plan.
Councilmember Thayer asked if they could put in a type of lighting that would be
compatible with any fence they choose, because of the safety issue.
Ms. Lollini stated her concern about saving some of the trees that were already there
and having the ability for a school bus to turn around in the parking area when
children are brought to the Center. Vice -Mayor Breiner stated that the Committee
felt that it was very important to have the two-way circulation into and out of the
parking lot. She suggested that they send this back to staff for one more review and
have the lighting as part of that review.
Councilmember Boro stated that he thought they should look at this in two ways. They
should look at this for the long term and, also, the safety issue with pros and cons
about the fence and lighting currently needed on an interim basis.
There being no further business, the meeting was adjourned at 8:55 P.M.
e*%^-.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF , 1991
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 3/4/91 Page 6