HomeMy WebLinkAboutCC Minutes 1991-06-17SRCC MINUTES ,Regular) 6/17/91 Page 1
in CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 17, 1991, AT 6:45 P.M.
Regular Meeting:
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a,
No. 91-11(a) - #2
No.91-11(b) - #2
No.91-11(c) - #1 - Morris Hozz vs. City of San Rafael, et al
No.91-11(d) - #2 - Marin Square Partners vs. City of San Rafael, et al
No. 91-11(e) - #7
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 17, 1991, AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Present: Lawrence E. Mulryan, Mayor
Albert J. Boro, Councilmember
Dorothy L. Breiner, 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
CYCLING CLASSIC EVENT, AUGUST 4, 1991 - File 11-19
Chris Lanq, 177 Canyon Road, Fairfax, discussed the San Rafael Cycling Classic scheduled for
August 4, 1991, and requested the Council's conceptual approval of their plans in order
for their group to finalize the preparations for the event. He then handed out a flyer
to the Council, which listed the tentative events' schedule. Mayor Mulryan asked staff
for an update on their position regarding the project, and Assistant Executive Director
(Redevelopment) Ours stated that they have been in contact with Mr. Lang and were working
out the details. City Manager Nicolai concurred, and stated it is scheduled to be brought
before the Council at the July 1, 1991, meeting. Mr. Lang added that they will be paying
for City services this year, and at this point are only requesting conceptual approval.
The Council agreed to grant conceptual approval only.
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Boro seconded, to approve the recommended action
on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Special, Special Joint
and Regular Meetings of May 20, 1991; Special
Meeting of May 22, 1991 and Special Meeting of
June 3, 1991 (CC)
3. Resolution Accepting Conveyance of Street Rights
of Way - Baypoint Lagoons and Baypoint Lagoons
Unit #1 (PW) - File 5-1-292 x 6-48 x 4-10-252
4. Resolution Extending Time for Subdivision
Improvements - Smith Ranch Homes (PW) -
File 5-1-290
REC01,1MENDED ACTION
Approved as submitted.
RESOLUTION NO. 8419 - ACCEPTING
CONVEYANCE OF STREET RIGHTS OF
WAY AND VARIOUS OTHER PARCELS -
MAP OF BAYPOINT LAGOONS AND
BAYPOINT LAGOONS UNIT ONE
RESOLUTION ON. 8420 - EXTENDING
TIME FOR THE COMPLETION OF IMPROVE-
MENT WORK SMITH RANCH HOMES
SUBDIVISION (18 Months Extension
to and Including July 5, 1992)
6. Resolution Authorizing Acceptance of Grant of RESOLUTION NO. 8421 - AUTHORIZING
Right of Way from Marin Association of Realtors THE SIGNING OF A CONTRACT FOR THE
for Merrydale Overcrossing (PW) - File 2-2 x ACQUISITION OF RIGHT OF WAY FROM
11-1 x 9-3-40 x 10-2 x 11-16 x 4-13-80 THE MARIN ASSOCIATION OF REALTORS
FOR THE MERRYDALE OVERCROSSING
PROJECT
SRCC MINUTES (Regular) 6/17/91 Page 1
SRCC MINUTES (Regular) 6/17/91 Page 2
9. Status Report on Proposition 85 Grant (Lib) - Approved staff recommendation to
File 9-3-61 x 4-13-79 x 202 not resubmit grant application
for second round of Proposition
85 funding. Staff to present
proposal for continuing efforts
to obtain a new downtown library.
13. City Park Playground Improvement Projects Status
Report: (Rec) - File 12-5 x 4-1-445 x 9-3-66
x 9-3-65
a. Resolution Amending Resolution No. 7869 RESOLUTION NO. 8422 - AMENDING
to Amend the 1988 State Park Bond Act Grant RESOLUTION NO. 7869 TO AMEND THE
Allocation. 1988 STATE PARK BOND ACT GRANT
ALLOCATION (to be allocated to
only 4 park playground projects:
Gerstle Park, Victor Jones Park,
Terra Linda Park and Sun Valley
Park)
b. Resolution Authorizing $23,000 expenditure RESOLUTION NO. 8423 - AUTHORIZING
from the Park & Recreation Facilities Fund $23,000 EXPENDITURE FROM THE PARK
for the Terra Linda Park Playground Project. & RECREATION FACILITIES FUND FOR
THE TERRA LINDA PARK PLAYGROUND
PROJECT
C. Resolution Amending Resolution No. 8117 to RESOLUTION NO. 8424 - AMENDING
Authorize an Additional Expenditure of RESOLUTION NO. 8117 TO AUTHORIZE
$24,100 From the Park & Recreation ADDITIONAL EXPENDITURE OF $24,100
Facilities Fund for Two City Playgrounds FROM THE PARK & RECREATION FACIL-
(Gerstle and Victor Jones) ITIES FUND FOR TWO CITY PLAYGROUNDS
(Gerstle and Victor Jones)
14. Resolution Approving Agreement with SyncroMedia RESOLUTION NO. 8425 - AUTHORIZING
to Produce Recreation Department Seasonal THE SIGNING OF A CONTRACT, LEASE
Brochure (Rec) - File 4-3-241 x 9-3-65 OR AGREEMENT (w/SyncroMedia to
Produce Recreation Department
Seasonal Brochure - 16 Mos. or 4
Publications)
15. Approve Partial Closure of Downtown Streets for Approved staff recommendation for
Fourth of July Welcome Home to the Troops Parade partial closure of streets and
and One -Time Relocation of Farmers' Market to one time relocation of Farmers'
"A" Street between Fourth Street & Fifth Avenue Market, as requested.
(RA) - File 11-19 x 104
17. Resolution
Appropriating Unappropriated Revenues
RESOLUTION NO. 8426
- APPROPRIAT-
as of June
30, 1991 (Fin) - File 8-5
ING UNAPPROPRIATED
REVENUES AS
OF JUNE 30, 1991
18. Resolution
Amending 1990/91 Budget (Fin) -
RESOLUTION NO. 8427
- AMENDING
File 8-5
THE 1990/91 BUDGET
($25,420,167)
19. Resolution
Establishing Appropriations Limit for
RESOLUTION NO. 8428
- ESTABLISH -
1991/92 (Fin) - File 8-5
ING APPROPRIATIONS
LIMIT FOR
1991/92 ($20,090,740)
22. Resolution Authorizing the City Manager to RESOLUTION NO. 8429 - AUTHORIZING
Contract for Property Insurance with CNA THE CITY MANAGER TO CONTRACT FOR
Insurance Company through the California Joint PROPERTY INSURANCE WITH CNA INSUR-
Powers Risk Management Authority and for Excess ANCE COMPANY THROUGH THE CALIFORNIA
Workers' Compensation Insurance with General JOINT POWERS RISK MANAGEMENT AUTH-
Reinsurance Corporation Through Johnson and ORITY AND FOR EXCESS WORKERS'
Higgins, Through June 30, 1992 (CM) - COMPENSATION INSURANCE WITH
File 9-6-3 x 9-6-1 x 6-10-202 x 7-1-31 GENERAL REINSURANCE CORPORATION
THROUGH JOHNSON & HIGGINS, THROUGH
JUNE 30, 1992
23. Claims for Damages:
a. George Thrailkill (PW) Approved City Attorney's recom-
Claim No. 3-1-1552 mendation for denial of Claim a.
SRCC MINUTES (Regular) 6/17/91 Page 2
SRCC MINUTES (Regular) 6/17/91 Page 3
b. Church of Aesclepion Healing & Marin Birth Approved Insurance Consulting
Center (PW) Associates, Inc., recommendation
Claims No. 3-1-1547 for denial of Claim b.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following items were removed from the Consent Calendar for discussion:
5. RESOLUTION EXTENDING TIME FOR SUBDIVISION IMPROVEMENTS - BAYWOOD TERRACE (PW) -
File 5-1-314
Councilmember Breiner inquired of staff if all of the improvements which had been required
on this subdivison have been completed. Public Works Director Bernardi responded
that the issues which were a subject of discussion in the past, such as the erosion
control, have all been completed and they worked well during the Spring rains.
Councilmember Boro stated he had a similar question, since there might be heavy
rains again next year and he is concerned about giving a blanket two-year extension
without a performance bond. He noted that the applicant had stated in his letter
that he is having financial problems, and how could we be sure through the winter
that the developer could be responsive. Mr. Bernardi noted that the extension is
for only one year, and the Subdivision Agreement binds the developer to maintain
the property, as well as keeping the bonds and insurance valid for the period of
time the agreement is in force. He stated that if the Council wished to shorten
the time they could, but staff felt that a year was appropriate, and they will continue
to monitor the condition of the site in the interim.
Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution
extending the time for completion of improvements in the Baywood Terrace Subdivision
to July 3, 1992.
RESOLUTION NO. 8430 - EXTENDING TIME FOR THE COMPLETION OF IMPROVEMENT WORK, BAYWOOD
TERRACE SUBDIVISION (12 MONTH EXTENSION TO AND INCLUDING
JULY 3, 1992)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
7. APPROVAL OF COST INCREASES FOR TRANSPORTATION PROJECTS: (PW)
a. WILSEY & HAM/MERRYDALE OVERCROSSING PROJECT - File 4-3-128 x 11-1 x 9-3-40 x
4-13-80
b. CH2M HILL/LUCAS VALLEY INTERCHANGE - File 4-3-203 x 11-1 x 9-3-40
C. TAMS CONSULTANT/BELLAM INTERCHANGE - File (SRRA) R-299 x 11-1 x 9-3-40
Councilmember Breiner expressed concern regarding the charges for the Lucas Valley
Interchange, and inquired if the City has collected everything they need from traffic
mitigation fees.
Mr. Bernardi responded that the money for the Lucas Valley Interchange is coming out
of that fund. He added that in the estimates set up in the original Northgate Plan,
engineering and pre -construction costs were included. He stated there should be
enough money to proceed with the actual construction work.
Councilmember Breiner then expressed concern over the need for more money, which
seems to happen on every project. Mr. Bernardi stated it is because of CalTrans
on the Lucas Valley and Merrydale projects. Ms. Breiner recommended that perhaps
the City should contact our legislators regarding the problems with CalTrans. Mayor
Mulryan responded that he would be happy to send a letter to our legislators in
that regard. Mr. Bernardi stated he is meeting this week with CalTrans, and will
convey the City's feelings to them, and Mayor Mulryan asked that Mr. Bernardi let
him know if he is not fully satisfied with the results of the meeting.
Councilmember Thayer stated that she realizes a lot of these costs are attributable
to CalTrans, but asked how do we know we are not being over -charged by the consultants
for their extra work. Mr. Bernardi stated that each request is reviewed with the
consultants every time, and they are not brought to the Council for approval unless
staff is satisfied.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt the Resolution
approving the cost increases, and that staff report back regarding CalTrans.
SRCC MINUTES (Regular) 6/17/91 Page 3
SRCC MINUTES (Regular) 6/17/91 Page 4
RESOLUTION NO. 8431 - AUTHORIZING AMENDMENTS TO AGREEMENTS FOR COST INCREASES IN
TRANSPORTATION PROJECTS:
°MERRYDALE OVERCROSSING - WILSEY & HAM $ 83,000
°LUCAS VALLEY INTERCHANGE - CH2M HILL $252,000
°BELLAM INTERCHANGE - TAMS CONSULTANTS $ 24,000
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8. AUTHORIZE REQUEST FOR PROPOSAL FROM WILSEY & HAM TO DESIGN SIGNALIZATION OF FREITAS
OFF-RAMP/CIVIC CENTER DRIVE INTERSECTION (PW) - File 4-3-128 x 11-10
Councilmember Shippey asked for clarification, stating that there is some concern
among residents that signalization at Freitas Interchange might delay the flow of
traffic. He noted it appears that CalTrans is asking for a Change Order.
Mr. Bernardi explained that staff is asking for approval to request a proposal from
Wilsey & Ham for design, and part of that will be a study to see the feasibility
and affect on traffic. He added that CalTrans is still investigating whether they
should include it as a Change Order to the Merrydale project. He stated that otherwise
it would be a separate contract.
Mr. Shippey inquired if the Council will have an opportunity to review this issue,
and Mr. Bernardi replied in the affirmative, adding that it will come back to the
Council for approval.
Councilmember Thayer stated she is concerned that a signal would cause a backup
of traffic. Mr. Bernardi responded that part of the study is to provide signal
timing so that does not occur. He noted that Sacramento has a similar situation
and the signals work very well, and CalTrans would use the same techniques on this
intersection. He noted they will take a close look at the ramp volume.
Councilmember Shippey moved and Councilmember Breiner seconded, to approve staff's
recommendation.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. ADOPTION OF JOINT POWERS AGREEMENT WITH COUNTY OF MARIN, MILL VALLEY, AND SAUSALITO
FOR THE PLANNING OF AN INTEGRATED ON-LINE LIBRARY SYSTEM AND APPROPRIATING 9,150
FROM THE DAVIDSON BEQUEST FOR PLANNING - FISCAL YEAR 1991/92 (Lib) - File 4-13-83 x
9-3-61 x 8-5
Mayor Mulryan inquired of staff why would the City integrate our library with Mill
Valley and Sausalito.
Library Director Stratford responded that we are doing that at the present time,
but it is much more difficult without the system being recommended. Mill Valley
and Sausalito would take care of their collections, and San Rafael would take care
of its own, and he then explained to the Council how the system works.
Councilmember Thayer moved and Councilmember Shippey seconded, to adopt the two
Resolutions, as recommended by staff.
RESOLUTION NO. 8432 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(JOINT EXERCISE OF POWERS AGREEMENT WITH THE CITIES OF MILL
VALLEY AND SAUSALITO AND THE COUNTY OF MARIN FOR THE PLANNING
OF AN INTEGRATED ON-LINE LIBRARY SYSTEM)
RESOLUTION NO. 8433 - APPROPRIATING $9,150 FROM THE DAVIDSON BEQUEST FOR THE PLANNING
OF AN INTEGRATED ON-LINE LIBRARY SYSTEM FISCAL YEAR 1991/92
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. RESOLUTION AMENDING RESOLUTION NO. 7927 WHICH PERTAINS TO COMPENSATION FOR PART-TIME,
TEMPORARY, INTERMITTENT AND SEASONAL WORKERS (Pers) - File 7-3
Councilmember Boro questioned this item being on the agenda, when the budget hearings
will be held tomorrow night. He also noted that the total cost of the raises is
not shown.
SRCC MINUTES (Regular) 6/17/91 Page 4
12.
SRCC MINUTES (Regular) 6/17/91 Page 5
Personnel Officer Daryl Chandler responded that the raises would be in the various
departments' budgets.
Councilmember Boro again questioned why it was brought up tonight, and City Manager
Nicolai stated it is not a regular budget item and does not come up every year.
Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution,
as recommended by staff.
RESOLUTION NO. 8434 - AMENDING RESOLUTION NO. 7927 WHICH PERTAINS TO COMPENSATION
FOR PART-TIME, TEMPORARY, INTERMITTENT AND SEASONAL WORKERS
(Effective July 1, 1991)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Muiryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RESOLUTION AUTHORIZING THE ADOPTION OF THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS)
FOR CITY OF SAN RAFAEL EMPLOYEES NOT COVERED BY THE MARIN COUNTY RETIREMENT SYSTEM
(Pers) - File 7-1-36
Councilmember Breiner stated she intends to vote against this recommendation, because
although having employees covered by PARS would save the City almost $37,000 she
feels that the employees could be in jeopardy later on if this system fails. She
also noted that this category of employee may take a job elsewhere and in the long
run this system would not be to their advantage.
Personnel Officer Chandler responded that the Plan Asset Manager for PARS is Hartford
Asset Management Group which is a division of Hartford Insurance Company which has
an A+ rating, and that Standard & Poore's gives them an AAA rating, and he feels
it is a very reputable company. He added that since writing the staff report, he
had a meeting with Beth Winters of MAPE (Marin Association of Public Employees) and
with the Child Care group, and they are in favor of it.
Councilmember Shippey inquired about commitment if the City signed up, or would
there be a way out. Mr. Chandler replied the City could get out, and also if Social
Security was ever mandated the City could get out of this commitment.
Ms. Breiner stated that does not preclude the management of the project ten or fifteen
years down the line not being in a favorable position, and this should be considered.
Councilmember Thayer said she shares the same concerns. She also noted that she
had inquired previously if this plan provides for disability benefits like Social
Security, and also if Mr. Chandler had made any comparison in the rates between
the two.
Mr. Chandler responded that if a person became disabled they would be immediately
vested in the program, for the benefits plus interest. He noted that Social Security
requires 40 quarters before one becomes vested, so they would have to be in Social
Security ten years before they would have that capability. He added that in terms
of dollar amounts for disability Social Security would probably be larger, but in
PARS the person would be immediately eligible and the amount of course would depend
on how much they had in the PARS program.
Ms. Thayer called attention to the situation where employees had been in Social
Security on another job, which would put them at a distinct disadvantage. She added
she realizes the savings to the City, but agrees with Ms. Breiner on the risk involved.
Mr. Shippey inquired about the length of commitment, and Mr. Chandler stated it
could be two years or less, noting the City would be required to stay in the first year
and could see how things went. There are five years of interest guaranteed, ranging
from 82% to 7%. He stated the City could get out and opt for Social Security.
Councilmember Boro inquired, if the City goes with Social Security and an employee
leaves the City can they take their credit with them. Mr. Chandler responded the
money they put into the program, when they are vested is their money. Mr. Boro
then inquired, what would happen if an employee transferred to another part of the City
which is covered by the City's pension plan. Mr. Chandler responded that it would not
be transferrable to the County's retirement system, and they could withdraw any money
they had in the fund.
Ms. Breiner noted that the employees would lose any Social Security they might have
accrued. Mr. Chandler responded that there is a strong probability that the part-time
workers have spouses who are on Social Security and, as a dependent, they are eligible
to receive benefits.
SRCC MINUTES (Regular) 6/17/91 Page 5
SRCC MINUTES (Regular) 6/17/91 Page 6
Mr. Boro noted that other employees of the City are in the Retirement Plan, and
are not under Social Security, so if any of these people transferred into the regular
City employment, they would be in the Retirement System and would not suffer a loss.
Ms. Thayer cited her background as a Social Security retirement attorney in the
past, and knows the importance of people keeping up their Social Security payments.
Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution
adopting the PARS pension plan.
RESOLUTION NO. 8435 - ADOPTING THE PUBLIC AGENCY RETIREMENT SYSTEM (PARS) PENSION
PLAN (Effective July 1, 1991)
AYES: COUNCILMEMBERS: Boro, Shippey & Mayor Mulryan
NOES: COUNCILMEMBERS: Breiner & Thayer
ABSENT: COUNCILMEMBERS: None
16. APPROVAL OF CLOSURE OF TAMALPAIS STREET BETWEEN FOURTH STREET AND FIFTH AVENUE AND
ASSIGNED UttIU RS FOR THE FREEDOM DAY PARADE ON SUNDAY, JUNE 23, 1991 (PD) - File
11-19
Mayor Mulryan stated he had noticed the lack of funds for Police and no insurance (for
the Lesbian/Gay Freedom Day Parade Sunday, June 23, 1991). He stated he feels the City
should at least insist on the insurance. He added that if we pay for the Police we will
be doing more than our share.
City Manager Nicolai agreed. She announced that she will soon be coming forward
with a Special Events list of criteria, to take care of future situations. She
agreed it is important to get the insurance rider.
Councilmember Boro inquired if the new policy paper will address the Police protection
being funded by applicants. Ms. Nicolai stated she intends to. She said they will
break it down into the various categories, and will have the applicants pay for
extra hires.
Mr. Boro inquired does the City have the right to make this requirement. City Attorney
Ragghianti responded that he agrees with Ms. Nicolai, but that he will research
and give the Council a memo. He stated that there are significant First Amendment
problems.
Ms. Nicolai pointed out that the parade will be taking place before the next Council
meeting.
Mayor Mulryan stated he is certain we could require the co-insurance, and he suggests
we do that in this case. Mr. Boro inquired what would happen if the group said
they cannot afford the insurance. Mayor Mulryan responded that we would say they
cannot hold the event.
Mr. Ragghianti stated he feels we should separate the right for First Amendment
expression from the obligation we have to protect our citizens and our private and
public property. He cited the situation where the demonstration took place near
San Quentin Prison, where the County wanted to close the street. There was considerable
problem as to whether they had the right to do that. He stated he will look into
this issue and get back to the Council within the next day or so.
Councilmember Thayer inquired if the City had paid the costs for this group last
year, and Ms. Nicolai stated we had. She added that she has discussed these issues
with the group, and she is asking for direction on how far she can go in requiring
payment of at least the insurance.
Ms. Thayer expressed the opinion that the policy should have been changed before
now. Mr. Boro inquired about taking a risk and not being co-insured this time.
Ms. Nicolai stated she is very concerned about all of the events, that the City
gets co-insured. Mayor Mulryan agreed. Ms. Thayer stated this is unfortunate,
but in this case she feels we should proceed with this group the same as we did
last year.
Councilmember Breiner recommended that in the parade standards we should specify
the parade route. Police Chief Ingwersen noted that most cities charge about the
same for such events, and Ms. Nicolai pointed out that the length of the group in a
parade is a factor.
Councilmember Thayer moved that no change be made in the policy until after this
parade, and until after the policy is in effect. There being no second to the motion,
the motion died.
SRCC MINUTES (Regular) 6/17/91 Page 6
SRCC MINUTES (Regular) 6/17/91 Page 7
Councilmember Shippey moved and Councilmember Boro seconded, to approve the staff
recommendation that the proponents of the parade provide co-insurance subject to
the City Attorney's approval of the insurance requirement, and the City to provide
Police protection for this parade.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey & Mayor Mulryan
NOES: COUNCILMEMBERS: Thayer (Due to the insurance requirement.)
ABSENT: COUNCILMEMBERS: None
20. RESOLUTION AUTHORIZING MUNICIPAL FINANCE SERVICES (MFS) TO MANAGE ASSESSMENT DISTRICTS
AND MAKE ARBITRAGE CALCULATIONS (Fin) - File 4-3-242 x 6
Finance Director Coleman explained that the administration of Assessment Districts
has become time consuming since the new Federal legislation regarding arbitrage
requires extreme care and additional time. He pointed out that if you earn money
in excess as determined by the IRS, you could be taxed for the bonds from the date
of issue. For this reason he is recommending authorization for Muni Financial
Services (MFS) to administer the City's Assessment Districts and provide arbitrage
calculations.
Councilmember Shippey inquired if this requirement is new, and Mr. Coleman responded
it is a brand new service, prompted by the refunding issue which is on tonight's
agenda. He noted that bonds issued after 1986 are subject to arbitrage according
to the new legislation.
Councilmember Shippey moved and Councilmember Boro seconded, to adopt the Resolution,
as recommended by staff.
RESOLUTION NO. 8436 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT
(w/Muni Financial Services, subject to approval by the City
Attorney) (to administer the City's Assessment Districts and
provide arbitrage calculations)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. RESOLUTION PERMITTING THE USE OF ALCOHOLIC BEVERAGES AT THE FALKIRK CULTURAL CENTER
AND CITY HALL (CA) - File 9-3-16 x 9-3-84 x 9-3-65 x 120 x 12-2
Councilmember Boro observed that City Hall is not rented out, and questioned the
serving of alcoholic beverages in this reference. City Manager Nicolai agreed that
City Hall is not rented out and explained that what prompted this Resolution was
that when inclement weather threatened the Guerrilla Girls event at Falkirk, they
wanted to move the event down to the City Hall and have it in the Council Chambers
with the reception out in the lobby. Upon checking, it was found that the Charter
did not allow alcoholic beverages in this facility or at Falkirk. She noted that
a revised Resolution includes Pickleweed Community Center, and that the City Hall
would only be involved for a City -sponsored event, but never rented out; it could
possibly be used for a reception where wine would be served. She noted there was
a deed restriction in the Library in this regard.
City Attorney Ragghianti stated that there is a section in the Municipal Code which
says you cannot serve alcoholic beverages in the City Hall without adopting a Resolution.
He added it is Section 8.12.22.
Councilmember Shippey inquired, are we creating a problem for ourselves by adopting
this after the fact, and Mr. Ragghianti replied, we are not.
Councilmember Boro moved and Mayor Mulryan seconded, to adopt the Resolution, as
recommended by staff (Revised to include Pickleweed Community Center).
RESOLUTION NO. 8437 - PERMITTING THE USE OF ALCOHOLIC BEVERAGES AT THE PICKLEWEED
COMMUNITY CENTER, FALKIRK CULTURAL CENTER AND CITY HALL
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC MINUTES (Regular) 6/17/91 Page 7
SRCC MINUTES (Regular) 6/17/91 Page 8
24. PUBLIC HEARING - Z91-3 - RE NEGATIVE DECLARATION - ZONE CHANGE AND FEE WAIVER REQUEST
FOR THE RELOCATION OF ST. MARK'S SCHOOL TO THE DIXIE SCHOOL DISTRICT DON TIMOTE
SCHOOL SITE; DIXIE SCHOOL DISTRICT, OWNER; MARION DANSIE, REP.; AP #175-060-01 ?P1)
- File 10-3
Mayor Mulryan declared the Public Hearing opened.
Assistant Planner Patterson gave an overview of the proposal, stating that the proposed
Zone Change, from U -Unclassified to PD -Planned Development, would allow a Master
Plan for St. Mark's School to relocate to the Dixie School District's Don Timoteo
School site located at 39 Trellis Drive. She explained that the Dixie School District's
enrollment has increased and the District needs to reopen the Mary Silveira site
which has caused the need for relocation of St. Mark's School, which is currently
located on that site. Ms. Patterson reported that the Design Review Board had reviewed
the project on April 16, and again on May 7, 1991. There was consensus among the
Board that the site plan, with the footprint and height of the multipurpose building
and the location of the portable classrooms was appropriate and that the proposed
colors were suitable. On May 7th, the Board endorsed the Master Site Plan, with
unanimous agreement that any additional parking be located on the existing hard
court as shown, and stated that the multipurpose building should be a properly designed
building and should return to the Board for review prior to it being installed.
Ms. Patterson added that a waiver of traffic mitigation fees has been requested
based on General Plan Policy LU -57 which, in conjunction with school districts,
encourages the continuation of child care programs at school sites and allows the
City to waive all fees for proposed child care. She noted that the applicant has
requested that the traffic mitigation fees for the additional traffic generated
during the PM peak hours due to the extended day care offered at the site be waived.
Ms. Patterson then reviewed the trip generation and stated that staff has conditioned
the Use Permit to require that the Transportation Management System (TSM) Program
be in place for a minimum of one year prior to an increase in enrollment of the
school so that any additional trips generated by the increase in enrollment have
been reduced to a minimum in order to avoid payment of traffic mitigation fees.
Councilmember Shippey inquired if there is any real difference between the present
day care usage and the proposed preschool day care. Planning Director Pendoley
stated there is not any substantial difference, but that the applicant would like
assurance because of their long term lease.
Councilmember Shippey then inquired if the traffic counts are accurate, as analyzed,
and Mr. Pendoley stated staff could answer any specific questions which come up
during the hearing. Mr. Shippey then inquired if the move of the day care center
from the Don Timoteo site to Vallecito would cause any change in that program, and
Mr. Pendoley stated he did not know.
Councilmember Boro questioned if they are going to incur 125 trips and 39 of these
are for child care, his calculation leaves them with 86 trips and would give them 10 to
grow. He indicated the report said there were 21 unused trips allocated. Ms. Patterson
stated a math error had been made and that Councilmember Boro was correct.
Marion Dansie, representing the Dixie School District, stated that Dixie is anxious
to reopen the Mary Silveira School. She added that St. Mark's has been an excellent
tenant. With regard to Don Timoteo School site, she said they would be happy to
have one tenant instead of 5 or 6.
Councilmember Shippey inquired as to why Dixie School District is choosing to reopen
Mary Silveira School in particular. Ms. Dansie responded it is because that is
where the population is.
Architect Jeanne MacLeamy, a Trustee of the St. Mark's School, gave an overview
of the proposal, stating that initially the enrollment is 309, but with a potential
for 380 students. She described the sign being proposed at the front of the building,
which will be very low key, and similar to the present sign. She showed by means
of colored sketches and drawings the improved entry and landscaping to be added at
the back. She showed where the four portable classrooms which will be moved from
the Mary Silveira site will be located. She also showed the proposed color chart,
of blue/gray, white and blue. She noted that the fields around the site will be
available after 4:30 P.M. for Little League and soccer. Also, there will be a pathway
from Trellis Drive for the children to use to get to Vallecito School.
Ms. MacLeamy stated they would like to construct a multipurpose building in the
future, a maximum of 30 feet in height and 165 to 270 feet from any surrounding
neighbors. She noted there is already good landscaping for screening; and added
that Vallecito already has a multipurpose room similar to what is being proposed.
SRCC MINUTES (Regular) 6/17/91 Page 8
25.
SRCC MINUTES (Regular) 6/17/91 Page 9
There being no further public input, the Public Hearing was closed.
Councilmember Thayer stated it is a good move to reopen the Mary Silveira School.
She expressed concern about the 30 -foot multipurpose room, with regard to the neighbors'
reaction. She added that the neighbors also have concern regarding traffic lights
when there are night meetings, and asked what is being done to address this issue.
Ms. MacLeamy stated there will be landscaping extending above the headlight level,
to screen the glare, but she has not heard complaints from the neighbors on that
issue. She noted that the school site is being used one evening a week at present,
and there have been no comments on it.
Mr. Pendoley reported that staff had held an advertised meeting on this project
and that issue did not come up.
Ms. Patterson added that the Traffic Engineer had recommended the routing of Traffic
through the area to mitigate impact.
Councilmember Breiner recommended a cutoff time of 9:30 or 10 P.M. for meetings,
and recommended it be considered. Mr. Pendoley assured her that staff will look
into that issue and report back.
Councilmember Boro moved and Councilmember Thayer seconded, to adopt the Resolution
certifying the Negative Declaration and waiving the Traffic Mitigation Fees, with
the issue of the shut -down time to be brought back as part of the approval.
RESOLUTION NO. 8438 - WAIVING THE TRAFFIC MITIGATION FEES FOR 39 TRIPS GENERATED
BY THE EXTENDED CHILD CARE PROGRAM AND CERTIFYING A NEGATIVE
DECLARATION FOR AMENDMENT OF THE ZONING MAP OF THE CITY OF
SAN RAFAEL, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE
MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY
CERTAIN REAL PROPERTY IN THE NORTHGATE EAST AREA (Re Z91-3 -
39 Trellis Drive - Relocation of St. Mark's School to the Dixie
Schol District Don Timoteo School Site, AP #175-060-01)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL, AMENDING THE ZONING MAP OF THE CITY OF
SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.15.020 OF THE MUNICIPAL
CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY IN THE
NORTHGATE EAST AREA (RE Z91-3 - 39 Trellis Drive) (Relocation of St. Mark's School
to the Dixie School District Don Timoteo School Site, AP #175-060-01)"
Councilmember Boro moved and Councilmember Thayer seconded, to dispense with the
reading of the Ordinance in its entirety, to refer to it by title only, and pass
Charter Ordinance No. 1605 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PUBLIC HEARING - ACQUISITION OF PROPERTY FOR MERRYDALE OVERCROSSING PROJECT: (PW)
- File 2-2 x 11-1 x 4-13-80 x 4-3-216 x 9-3-40 x 10-2 x 11-16
a. Resolution of the City Council of the City of San Rafael Finding the Public
Interest and Necessity Require the Acquisition of Property by Exercise of the
City's Power of Eminent Domain for the Merrydale Overcrossing Project and Authorizing
the Filing of Eminent Domain Actions and Related Actions in Connection Therewith
Mayor Mulryan declared the Public Hearing opened.
Public Works Director Bernardi announced that he had received a letter from Lucky
Stores, to be entered into the record. He stated staff has been working with Lucky
Stores and the property owner as late as last Friday, and he feels that successful
negotiations can take place and the matter is not closed.
Councilmember Boro inquired if the property owner is satisfied. Mr. Bernardi responded
that the property owner is no problem, but that Lucky Stores and Long's Drugs have
in their leases that they must concur. He noted that the decision made by the
Council for eminent domain would take a 4/5ths vote on the Resolution.
SRCC MINUTES (Regular) 6/17/91 Page 9
SRCC MINUTES (Regular) 6/17/91 Page 10
Ms. Virqinia Meade, representing EDM Investments, owners of Northgate Three, reiterated
the contents of the letter of June 11, 1991, from Ernie Meiger, President of EDM
Investments. She stated the letter addresses the efficiency of the property, and
how the easement passes through the property, and if it would pass through in another
way it would be more amenable to the property next to Merrydale Road. She added
that they have tenants who are somewhat troubled about the entry and egress, and
they have retained a traffic engineer regarding a redesign. She stated they would
like to come back later for further discussion.
There being no further public input, the Public Hearing was closed.
Attorney Lee Rosenthal informed the Council, in response to an inquiry by Mayor
Mulryan regarding proper procedures, that this would be no different from any other
Resolution, other than the requirement for a 4/5ths vote to pass.
Councilmember Breiner moved and Councilmember Boro seconded, to adopt the Resolution,
with the understanding that there be further exploration of the area in question.
RESOLUTION NO. 8439 - FINDING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE
ACQUISITION OF PROPERTY BY EXERCISE OF THE CITY'S POWER OF
EMINENT DOMAIN FOR THE MERRYDALE OVERCROSSING PROJECT AND
AUTHORIZING THE FILING OF EMINENT DOMAIN ACTIONS AND RELATED
ACTIONS IN CONNECTION THEREWITH
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey & Mayor Mulryan
NOES: COUNCILMEMBERS: Thayer
ABSENT: COUNCILMEMBERS: None
26. CIVIC CENTER - NORTHGATE REFUNDING ASSESSMENT DISTRICT (Fin) - File 6-42.1 x 8-14
a. RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES
b. RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES
C. RESOLUTION OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS PURSUANT TO THE
REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS, WITHOUT NOTICE OF HEARING
d. REASSESSMENT REPORT. To be filed.
e. RESOLUTION APPROVING REASSESSMENT REPORT AND CONFIRMING REASSESSMENTS
f. RESOLUTION APPROVING OFFICIAL STATEMENT
g. RESOLUTION AUTHORIZING ISSUANCE OF REFUNDING BONDS
h. RESOLUTION ORDERING SALE OF BONDS
Finance Director Coleman stated he is recommending that the Council implement the
Civic Center Refunding Assessment District by conducting the proceedings as recommended
by Bond Counsel. He pointed out that the City originally sold $4,435,920 in Civic
Center Assessment Bonds in 1985 at a net interest rate of 9.726%. He stated that
the bonds were purchased by Stone & Youngberg. He stated that in order to take
advantage of the currently favorable rates of interest in the bond market it is
being proposed that the Civic Center Assessment District be refinanced at a lower
interest rate with a new sale of bonds. He noted that the existing bonds will be
retired on September 2nd and the proceeds from the existing bonds will be held in
an interest-bearing escrow account until September 2nd. He added that the sale
of bonds must be completed now in order to give the legal 60 -day notification to
the existing bondholders. He noted that there would be quite a savings of money.
Councilmember Thayer inquired about the process for selecting bond counsel, and
Mr. Coleman responded that this was done originally in 1985, and that Stone & Youngberg
were involved from the beginning.
Ms. Thayer asked how staff goes about obtaining counsel, and Mr. Bernardi responded
that typically the property owner includes it in his package and the City accepts
his recommendation. He stated the City does not get involved in the selection of
the consultants.
Councilmember Boro stated that Mr. Coleman had assured him that this procedure is
acceptable.
Councilmember Breiner moved and Councilmember Thayer seconded, to adopt Resolutions
"a" through "h" (Nos. 8440 through 8446).
SRCC MINUTES (Regular) 6/17/91 Page 10
SRCC MINUTES kRegular) 6/17/91 Page 11
a. RESOLUTION NO. 8440 - APPROVING AGREEMENT FOR LEGAL SERVICES - CIVIC CENTER-
NORTHGATE REFUNDING ASSESSMENT DISTRICT (w/Sturgis, Ness,
Brunsell & Sperry)
b. RESOLUTION NO. 8441 - APPROVING AGREEMENT FOR ENGINEERING SERVICES - CIVIC CENTER-
NORTHGATE REFUNDING ASSESSMENT DISTRICT (w/CSW/Stuber-Stroeh
Engineering Group, Inc.)
C. RESOLUTION NO. 8442 - RESOLUTION OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS
PURSUANT TO THE REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT
ACT BONDS, WITHOUT NOTICE OR HEARING, IN CIVIC CENTER-
NORTHGATE REFUNDING ASSESSMENT DISTRICT
d. REASSESSMENT REPORT - Filed.
e. RESOLUTION NO. 8443 - APPROVING REASSESSMENT REPORT AND CONFIRMING REASSESSMENTS -
CIVIC CENTER-NORTHGATE REFUNDING ASSESSMENT DISTRICT
f. RESOLUTION NO. 8444 - APPROVING OFFICIAL STATEMENT - CIVIC CENTER-NORTHGATE
REFUNDING ASSESSMENT DISTRICT
g. RESOLUTION NO. 8445 - AUTHORIZING ISSUANCE OF REFUNDING BONDS - CIVIC CENTER-
NORTHGATE REFUNDING ASSESSMENT DISTRICT
h. RESOLUTION NO. 8446 - ORDERING SALE OF BONDS - CIVIC CENTER-NORTHGATE REFUNDING
ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Mayor Mulryan seconded, to add Item "i" to the Agenda,
which action came up after the agenda was posted.
i. RESOLUTION APPROVING ESCROW DEPOSIT AND TRUST AGREEMENT
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner moved and Councilmember Boro seconded, to adopt the Resolution.
i. RESOLUTION NO. 8447 - APPROVING ESCROW DEPOSIT AND TRUST AGREEMENT - CIVIC
CENTER-NORTHGATE REFUNDING ASSESSMENT DISTRICT
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
27. TRAFFIC CONGESTION MANAGEMENT PLAN (P1) - File 10-2 x 11-1
Planning Director Pendoley addressed the Council regarding the Congestion Management
Plan which was considered by the Countywide Planning Agency on May 30, 1991, including
a Deficiency Plan for highway segments not meeting Level of Service (LOS) Standards.
This discussion was continued to allow Agency staff time to provide additional information
requested by members. He stated the purpose of this discussion is to provide input
for Mayor Mulryan who will be representing the City at the Countywide Planning Agency's
meeting on the Congestion Management Plan.
Mr. Pendoley reported that four options before the Countywide Planning Agency on
May 30th ranged from exempting all of the roadway segments from congestion management
requirements, to requiring Deficiency Plans for all roadway segments operating at
LOS F. He noted that Option 3 of the Plan would set LOS F on I-580 and Sir Francis
Drake Boulevard and exempt them from the requirement to prepare Deficiency Plans;
most segments of Highway 101 in San Rafael would be subject to the Deficiency Plan
requirement.
After discussion, the Council accepted the staff's recommendation that all highway
segments should be exempted, that the requirement for Deficiency Plans should be
waived, and that a local equivalent of the Deficiency Plan should be developed and
required for all segments not meeting the LOS Standard.
SRCC MINUTES (Regular) 6/17/91 Page 11
SRCC MINUTES (Regular) 6/17/91 Page 12
28. DISCUSSION OF TERRA LINDA, SLEEPY HOLLOW AND SAN RAFAEL RIDGE OPEN SPACE PRESERVE
LAND MANAGEMENT PLAN (PW) - File 13-14-1 x 9-3-40 x 12-1
Mayor Mulryan announced that the City does not intend to sell off portions of the
open space. He referred to the concerns expressed in letters and calls on this
issue, and explained that was simply one of the recommendations in the Draft Land
Management Plan prepared by the consultants, and that the City will not sell any
of the land in question.
Public Works Director Bernardi gave a comprehensive report, describing the many
community meetings which were held. He stated that the input from those meetings
was assessed, and several of the preliminary recommendations were modified. In
addition, new data and concerns put forward in these neighborhood meetings were
further analyzed by the Consultant. One issue was bicycle use. Currently bicycle
use is limited to fire roads in all areas. Options were kept open, however, for
further consideration and policy determinations in the future. With regard to
implementation of the Plan, Mr. Bernardi stated that it is recommended that a Joint
Powers Agreement be established specifying the various responsibilities of the City
and the District with regard to maintenance responsibilities. He stated that currently
the City and County staffs are discussing such an agreement.
Mr. Bernardi stated that Police protection has been a concern of the Police Chief,
and the Council may need to consider allocating Police manpower to these lands,
if additional intensified uses were to occur. Additional fire protection may also
be necessary.
Councilmember Shippey inquired about weed control, and Mr. Bernardi responded that
would be considered maintenance. He noted that the various issues are given priorities.
Sandra Lollini, of the Gerstle Park area, stated she hopes the Council is aware
of the work being done by residents on the open space in Gerstle Park area, to clear
brush and provide a fire road. She thanked the City for helping by providing gloves,
bags and other equipment. She asked that the City allocate some funds to help maintain
the Gerstle Park open space.
Councilmember Boro complimented staff and the consultant on their work.
Councilmember Boro moved and Councilmember Shippey seconded, to accept the report
and direct staff to come back with the Joint Powers Agreement; also, that the Council
reject the recommendation on page 24 of the Plan and that the property not be sold;
and to adopt the Resolution adopting the Plan as amended.
RESOLUTION NO. 8448 - ADOPTING THE LAND MANAGEMENT PLAN FOR TERRA LINDA, SLEEPY
HOLLOW AND SAN RAFAEL RIDGE OPEN SPACE PRESERVE
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
29. RESOLUTIONS RE ELECTION MATTERS - GENERAL MUNICIPAL ELECTION - NOVEMBER 5, 1991
(CC) - File 9-4
City Clerk Leoncini informed the Council that these Resolutions are necessary in
regard to the November 5, 1991 General Election.
Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the three
Resolutions as follows:
RESOLUTION NO. 8449 - 1) PROPOSING A GENERAL MUNICIPAL ELECTION, INCLUDING THE
SAN RAFAEL ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL
HIGH SCHOOL DISTRICT GENERAL ELECTION;
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
RESOLUTION NO. 8450 - REAFFIRMING POLICY REGARDING NUMBER OF WORDS IN CANDIDATE'S
STATEMENT OF QUALIFICATIONS, AND PROVIDING THAT THE COST OF
PRINTING AND HANDLING OF CANDIDATE'S STATEMENT OF QUALIFICATIONS
SHALL BE BORNE BY THE CANDIDATE AND PAID FOR AT THE TIME NOMINATION
PAPERS ARE FILED ($320.00 for City Office and $385.00 for
School District Office)
SRCC MINUTES (Regular) 6/17/91 Page 12
SRCC MINUTES (Regular) 6/17/91 Page 13
RESOLUTION NO. 8451 - 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
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
30. RESOLUTION AUTHORIZING EXPENDITURE OF UNALLOCATED RESERVES TO RELEVEL PICKLEWEED
PARK RECREATION CENTER (PW) - File 9-3-66 x 9-3-65 x 8-5
City Manager Nicolai explained that when the Pickleweed Park Recreation Center was
constructed, differential settlement was known to be a factor in the future operation,
and the building foundation was designed to allow the building to be releveled as
settlement occurred. After receiving reports from Recreation Department staff about
doors not closing properly and windows not operating properly, a survey was conducted
and it was determined that, in some locations, the floor elevations varied by almost
6 inches. She reported that proposals were requested from firms known to have experience
in releveling structures, and the proposals have been furnished with the staff report.
She recommended acceptance of the bid from Valentine Corporation. Since no funds
were budgeted for this maintenance because the timing could not be predicted, staff
is recommending that funds not to exceed $12,000 be authorized from the unallocated
reserves.
Councilmember Breiner moved and Councilmember Shippey seconded, to accept the staff
report and adopt the Resolution as recommended.
RESOLUTION NO. 8452 - AUTHORIZING EXPENDITURE OF UNALLOCATED RESERVES TO RELEVEL
PICKLEWEED PARK RECREATION CENTER NOT TO EXCEED $12,000
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
31. CITY COUNCIL REPORTS
a. 101 CORRIDOR ACTION COMMITTEE'S REQUEST FOR SHARED FUNDING - File 170
Councilmember Boro referred to the 101 Corridor Action Committee agenda of
the June 12th meeting, which he had just received and distributed to the Council.
He stated that the packet is mainly informational, but there is a one-page
memorandum which he would like to explain. At the last meeting of the 101
Corridor Committee the co-chairs recommended that the two counties, for approx-
imately three months, go their separate ways and see if they can reach some
consensus within each County as to where we are going to go with the 101 Corridor
Plan. The Marin members will be meeting in July, August and September, and
get back together with Sonoma in the October time frame. Mr. Boro said he
felt this clarification was necessary in view of the (approximately) $9,000
San Rafael is being asked to contribute as their share of costs for the entire
year.
Councilmember Boro moved and Councilmember Breiner seconded, to adopt the Resolution
approving contribution toward the funding for the 101 Corridor Action Committee.
RESOLUTION NO. 8453 - APPROVING CONTRIBUTION TOWARD FUNDING FOR THE 101 CORRIDOR
ACTION COMMITTEE (16.6% or $9,130)
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Shippey observed that from the letter from the Marin/Sonoma Environ-
mental Coalition it would appear that we are getting more consensus on this
issue than we have in the past.
Councilmember Boro stated that one reason he supports the counties meeting
separately for a few months and then coming back with options, is that there
seems to be a consensus building that we support a 1/4¢ increase in sales tax
starting in 1992, to go on the June ballot. He stated that the problem he
has with that, at this point, is that we may get Federal funding to purchase
the right-of-way, but that is not known at this time; however, even if we do
not get the funding, the Marin portion of the acquisition is nearly complete.
He stated that before he would give his support to the 1/4 tax, he would want
to know about the Federal funding, and where the tax money would be applied.
He hopes that a consensus will be reached in Marin on that issue.
SRCC MINUTES (Regular) 6/17/91 Page 13
SRCC MINUTES (Regular) 6/17/91 Page 14
b. DOWNTOWN - UNREINFORCED MASONRY BUILDINGS - File 4-3-235 x 13-11 x 9-3-40 x
1-6-1
Councilmember Breiner reported that she and Councilmember Shippey had met recently
with downtown property owners and they were very interested and concerned that
the unreinforced masonry decisions would take place fairly soon. She stated
she hoped the Council could have the status report quite soon, so the property
owners can make their necessary improvements, based on the Council's decisions.
Councilmember Boro stated he also had met with downtown property owners regarding
the unreinforced masonry buildings, and asked whether the plan was for Public
Works to come back in September. Mr. Bernardi stated in September he would
bring back a report from the consultant which outlines the scope of the repair
work necessary on all of the buildings. Once that is done staff would present
some options for the Council before preparation of the second Ordinance, which
is the Mandatory Repair Ordinance.
Mr. Boro added that some of the property owners have sent him data from other
cities on this issue, and he will bring it for the Council's information.
Councilmember Breiner inquired why it has to wait until September, stating
she would have liked it sooner. Mr. Bernardi explained that he wants to be
able to inform the Council of the necessary repairs on the 50 buildings, and
what the options are. Ms. Nicolai pointed out we have one person trying to
evaluate all of the studies. Ms. Breiner recommended they should not all be
held up because a couple of the reports are late. Ms. Nicolai responded there
are complex issues which must be sifted out of all the reports. Mr. Bernardi
stated he will give the Council a status report on the second meeting in July,
and give a more formal time table.
C. JOINT WORKSHOP ON HILLSIDE DESIGN STANDARDS - File 115 x 4-10-249 x 9-2-44
x 10-2
Planning Director Pendoley reported he has been polling the Planning Commission
and Councilmembers in order to set a date for a joint workshop on Hillside
Design Standards. He recommended Wednesday, July 17th. The Councilmembers
concurred. Mayor Mulryan stated he will be a little late.
There being no further business, the meeting adjourned at 9:45 P.M.
JEA LEONCINI, ity Cler
APPROVED THIS DAY OF , 1991
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 6/17/91 Page 14