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HomeMy WebLinkAboutCC Minutes 1991-07-01SRCC MINUTES egular) 7/1/91 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JULY 1, 1991, AT 7:00 P.M. Regular Meeting: CLOSED SESSION 1. CLOSED SESSION TO DISCUSSION LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 91-13(a) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JULY 1, 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 Also Present: Pamela J. Nicolai, City Manager Tessie Belue, Assistant City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE 8:00 P.M. LACK OF WATER FOR DRINKING FOUNTAINS IN PUBLIC PARKS - File 9-3-66 x 12-5 Sherrie Chernow, 35 Salvador Way, Terra Linda, spoke of the lack of water for the drinking fountains in the parks. She stated she provides care for children during the day throughout the area, and has experienced difficulty with the lack of water, particularly in Peacock Gap and Gerstle Parks. Mayor Mulryan explained that he had just been informed by staff that the City's wells are now producing enough water so that the water can now be turned on in the parks. Public Works Director Bernardi added that the drinking fountains, as well as bathrooms, should be operable by the end of this week. CONSENT CALENDAR Councilmember Boro moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting Approved as submitted. of June 3, 1991 and Special Meeting of June 17, 1991 (CC) 3. Resolution Accepting Proposal from RESOLUTION NO. 8454 - ACCEPTING Industrial Power Technology for Lighting PROPOSAL FROM INDUSTRIAL POWER Design Services for Relighting San Rafael TECHNOLOGY FOR LIGHTING DESIGN Community Center Parking Lot (PW) - SERVICES FOR RELIGHTING SAN RAFAEL File 4-3-243 COMMUNITY CENTER PARKING LOT ($6,000) 7. Resolution of Appreciation to Bob RESOLUTION NO. 8455 - RESOLUTION Livingston, Planning Commissioner (P1) - OF APPRECIATION FOR EIGHT YEARS File 102 x 9-2-6 OF DISTINGUISHED SERVICE ON THE PLANNING COMMISSION, TO BOB LIVINGSTON, PLANNING COMMISSIONER 8. Approval of Partial Closure of Downtown Streets for Bike Race of August 4, 1991 (RA) - File 11-19 9. Resolution Approving Extension of Agreement with P&F Safety Services (CM) - File 4-10-210 Approved staff recommendation for partial closure of Fourth, "A", "B" & "C" Streets and Fifth Avenue, for Cycling Classic. RESOLUTION NO. 8456 - AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT, EXTENSION OF AGREEMENT WITH P&F SAFETY SERVICES (In amount of $8,500.00) (One year from 7/1/91 thru 6/30/92) SRCC MINUTES (Regular) 7/1/91 Page 1 11. Claims for Damages: a. Archie A. Choice Claim No. 3-1-1559 b. Jim Baker Trucking, Inc. Claim No. 3-1-1561 C. Dyana Fischer Claim No. 3-1-1541 SRCC MINUTES (Regular) 7/1/91 Page 2 Approved City Attorney's recommendation for denial of Claims a & b. Approved Insurance Consulting Associates, Inc., recommendation for denial of Claim c. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for further discussion: 4. MERRYDALE OVERCROSSING PROJECT: (PW) a. RESOLUTION ACCEPTING CONVEYANCE OF GRANT DEED FROM MARIN ASSOCIATION OF REALTORS - File 2-2 x 11-1 x 11-16 x 9-3-40 b. RESOLUTION AUTHORIZING EXECUTION OF RIGHT-OF-WAY CONTRACT FOR TEMPORARY CONSTRUCTION EASEMENT - File 2-2 x 11-1 x 11-16 x 9-3-40 C. RESOLUTION APPROVING FIRST AMENDED PROFESSIONAL SERVICES AGREEMENT WITH ASSOCIATED RIGHT-OF-WAY SERVICES - File 4-3-216 x 11-1 x 11-16 x 9-3-40 Councilmember Thayer noted that she had asked that this item be taken off the Consent Calendar in order to be consistent because she is voting against it. Councilmember Shippey stated his concern is with Item 4c, since it appears that the City is now paying $33,000 just to get the paperwork for the contract for the right-of-way. Public Works Director Bernardi explained that the acquisition of the right-of-way is required to be accomplished by a certified Right -of -Way Agent, which in this case is County of Marin. He stated the County does not have the staffing and hired a consultant. In the right-of-way acquisition, and negotiations for the various pieces of property, when it was first looked at staff was not aware that there were reversionary issues which had to be looked at which went back to the original Don Timoteo Murphy land grant of 150 years ago. That issue required considerable time, and added to the cost. Councilmember Shippey stated that the increase from $18,000 to $33,000 still seems like a large amount. Mayor Mulryan pointed out the difficulties the City has had with CalTrans on this project. Mr. Bernardi added that the original Right -of -Way Agent has become seriously ill and had to be replaced, which called for more expenditure. He stated that staff is being very careful how the funds are being expended, and have met with the new Right -of -Way Agent. He stated these are actual costs. Councilmember Boro noted that there have been a number of over -runs on this project, and he would like a recap in report form. Mr. Bernardi responded that he is working on such a report at present for CalTrans. He added that he did not have an opportunity to be heard when he had attended a recent CalTrans meeting, and if he does not get results from the report he is preparing for CalTrans, he will request the Council's assistance with regard to the issues discussed. Councilmember Breiner moved and Councilmember Boro seconded, to adopt the three Resolutions as recommended by staff. a. RESOLUTION NO. 8457 - ACCEPTING CONVEYANCE OF REAL PROPERTY FROM THE ASSOCIATION OF REALTORS, INC. FOR THE MERRYDALE OVERCROSSING PROJECT b. RESOLUTION NO. 8458 - AUTHORIZING THE SIGNING OF A CONTRACT FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT FROM THE GREAT WESTERN BANK FOR THE MERRYDALE OVERCROSSING PROJECT. C. RESOLUTION NO. 8459 - APPROVING THE FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE COUNTY OF MARIN AND ASSOCIATED RIGHT-OF-WAY SERVICES, INC., FOR THE MERRYDALE OVER - CROSSING PROJECT SRCC MINUTES (Regular) 7/1/91 Page 2 SRCC MINUTES (Regular) 7/1/91 Page 3 AYES: COUNCILMEMBERS: Boro, Breiner, Shippey & Mayor Mulryan NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None 5. MAINTENANCE DREDGING OF SAN RAFAEL CREEK: (PW) - File 12-10 a. RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN AGREEMENT WITH THE UNITED STATES OF AMERICA b. RESOLUTION AUTHORIZING APPROPRIATION OF $93,500 FROM UNALLOCATED RESERVES Mayor Mulryan stated his concern that this work is done correctly and will last for a reasonable length of time. Public Works Director Bernardi responded that he would like to see the City look toward the establishment of a Harbor District; that the City should make this a project cost to be funded by the Federal Government and not the City. He added that a Harbor District could raise the funds including those for private dredging. Mayor Mulryan asked that Mr. Bernardi pursue that issue. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the two Resolutions as recommended by staff. a. RESOLUTION NO. 8460 - AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AN AGREEMENT WITH THE UNITED STATES OF AMERICA FOR MAINTENANCE DREDGING OF SAN RAFAEL CREEK b. RESOLUTION NO. 8461 - AUTHORIZING APPROPRIATION OF $93,500 FROM UNALLOCATED RESERVES FOR MAINTENANCE DREDGING OF SAN RAFAEL CREEK AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1605 - 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'S DON TIMOTEO SCHOOL SITE, AP #175-060-01 (Pl) - File 10-3 Councilmember Thayer stated that one of the conditions the Council had discussed was the hours the school would be open in the evenings, and that she did not see that issue in the Ordinance. Planning Director Pendoley responded that staff is negotiating with the applicant regarding the hours. Councilmember Breiner stated that if staff and the applicant come up with any hours which are later than the hours originally approved, it should come back to the Council. Councilmember Thayer moved and Councilmember Boro seconded, to dispense with the reading of the Ordinance in its entirety and approve final adoption of Ordinance No. 1605. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. RESOLUTION APPROVING THE 1991-92 "LATCHKEY" FUNDS CONTRACT WITH THE STATE DEPARTMENT OF EDUCATION (Rec) - File 4-10-238 Councilmember Shippey inquired if the State's budget child care services cuts will affect this program. Nancy Percy, Child Care Supervisor, responded that the Child Care Division had been aware last October that there would be budget cuts, and adjusted their enrollment on an attrition basis so they can continue to serve existing families. Mr. Shippey inquired what might happen next year, and Ms. Percy replied that there should be funds available next September. She noted that they charge on a sliding scale, so that when peoples' income goes up they are charged more. SRCC MINUTES (Regular) 7/1/91 Page 3 SRCC MINUTES Regular) 7/1/91 Page 4 Councilmember Shippey moved and Councilmember Thayer seconded, to adopt the Resolution as recommended by staff. RESOLUTION NO. 8462 - APPROVING THE 1991/92 "LATCHKEY" FUNDS CONTRACT WITH THE STATE DEPARTMENT OF EDUCATION ($71,874) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION 12. PRESENTATION OF RESOLUTION OF APPRECIATION TO PLANNING COMMISSIONER BOB LIVINGSTON (P1) - File 102 x 9-2-6 Mayor Mulryan presented the Resolution of Appreciation to Bob Livingston on his retirement from the Planning Commission after eight years of service, and commended him on his many contributions toward progress in the City of San Rafael. Mr. Livingston responded with thanks. 13. BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: (PW) - File 6-48 a. Resolution Directing Filing of Engineer's Annual Report. b. Engineer's Annual Report - To be Filed. C. Resolution of Intention to Order Improvements. Public Works Director Bernardi informed the City Council that staff is asking that they adopt a Resolution setting a date for the Public Hearing for July 15, 1991, and accepting the Engineer's Annual Report. Councilmember Thayer moved and Councilmember Breiner seconded, to adopt the two Resolutions as recommended by staff, and to accept the Engineer's Annual Report. a. RESOLUTION NO. 8463 - DIRECTING FILING OF ENGINEER'S ANNUAL - REPORT BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) b. ENGINEER'S ANNUAL REPORT - Filed. C. RESOLUTION NO. 8464 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972; and setting July 15, 1991 at 8:00 P.M. as the date and time for a Public Hearing) AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. RESOLUTION APPROVING CITY BUDGET FOR 1991/92 (Fin) - File 8-5 Councilmember Shippey inquired of staff how soon they will be reporting back to the Council on the issues regarding Library services and efficiency, as mentioned in the staff report. Ms. Nicolai responded that they will have their first meeting in August, and there will need to be a community process. She stated it will probably take a couple of months to get through the process. Councilmember Shippey complimented the City Manager on her report. Councilmember Boro noted that Finance Director Coleman had been responsible for the recommendation in the staff report regarding the foot patrol proposal. He stated he appreciates the work Mr. Coleman and the rest of the staff have done. Mayor Mulryan concurred. Councilmember Breiner stated she would hope that the foot patrols would not be going as a pair, but would be covering different parts of the area. Ms. Nicolai stated that considering the shifts and days off, as well as sick leave, there would have to be two people to be covering. Mayor Mulryan recommended that bicycles be considered as a means of transportation. SRCC MINUTES (Regular) 7/1/91 Page 4 SRCC MINUTES (Regular) 7/1/91 Page 5 Rick Lewis, of the Downtown Association, thanked Mr. Coleman for his report, and stated his association will work with the Police Chief later to make the foot patrol program work, regarding the shifts and times for the two officers. Councilmember Breiner recommended that perhaps some retired people could work as volunteers and be provided with some sort of uniform. Mr. Lewis agreed, and added they would have radios. Councilmember Boro moved and Councilmember Shippey seconded, to adopt the Resolution approving the budget for 1991/92. RESOLUTION NO. 8465 - APPROVING THE BUDGET FOR THE FISCAL YEAR JULY 1, 1991 - JUNE 30, 1992 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET (IN THE AMOUNT OF $30,210,976.00) Councilmember Boro added that staff is requested to come back in two weeks regarding the foot patrols. AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ADD ITEM: REQUEST FOR CLEAN-UP IN DOWNTOWN AREA AROUND IRWIN STREET - File 11-6.1 Councilmember Breiner requested that the area around Irwin Street at the entrance to the City be cleaned up. Mayor Mulryan inquired about the condition of the recently - planted palm trees, and Mr. Bernardi responded that it will take a couple of years for them to become established. There being no further business, the meeting adjourned at 8:50 P.M. A. JEANNE. LEONCINI, Ci y Clerk APPROVED THIS DAY OF , 1991 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/1/91 Page 5