HomeMy WebLinkAboutCC Minutes 1991-09-03SRCC MINUTES ,Regular) 9/3/91 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 3, 1991, AT 7:00 P.M.
CLOSED SESSION
1. CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 91-17(a) - #2
No. 91-17(b) - #1 - Robert Postlewaite vs. City of San Rafael, et al
No. 91-17(c) - #7
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 3, 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
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
Councilmember Breiner moved and Councilmember Shippey seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2. Approval of Minutes of Regular Meeting
of August 19, 1991 (CC)
3. Resolution Authorizing Lease Agreements
with the Dixie School District for Use of
Classrooms at Vallecito, Mary Silveira and
Dixie Elementary Schools for Child Care
Programs (Rec) - File 4-7-3 x 220
4. Resolution Authorizing Amendment to County
of Marin Community Development Block Grant
(CDBG) Program for Child Care Scholarships
(Rec) - File 147 x 9-3-65
5. Resolution Authorizing Amendments to Lease
Agreements with the San Rafael School
District for Use of School Sites for Child
Care Programs (Rec) - File 4-7-16 x 4-7-20
x 4-7-21 x 4-7-25 x 9-3-65
6. Resolution of Appreciation to Nancy Percy,
Child Care Manager (Rec) - File 102 x 9-3-65
7. Resolution Setting the 1991/92 Property Tax
Rate (Fin) - File 9-12-1
RECOMMENDED ACTION
Approved as submitted.
RESOLUTION NO. 8498 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE
OR AGREEMENT (w/Dixie School
District for the use of classroom
space at Vallecito, Mary Silveira
and Dixie Schools - 3 yr. lease
from 9/1/91 thru 8/31/94 at $.42/sq.
ft. in 91/92, $.45/sq. ft. in 92/93
& $.48/sq. ft. in 93/94)
RESOLUTION NO. 8499 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE
OR AGREEMENT (Amendment of Agreement
with County of Marin Community
Development Block Grant (CDBG)
Pro ram for Child Care Scholarships
of 7,750.00 for Fiscal Year 91/92)
RESOLUTION NO. 8500 - AUTHORIZING
THE SIGNING OF A CONTRACT, LEASE
OR AGREEMENT (w/San Rafael City
Schools to amend the existing lease
agreements for Short School,
Glenwood School, Gallinas School
and San Pedro School)
RESOLUTION NO. 8501 - RESOLUTION OF
APPRECIATION TO NANCY PERCY, CHILD
CARE MANAGER FOR 11 YEARS OF SERVICE
RESOLUTION NO. 8502 - FIXING THE
RATE OF TAXES FOR FISCAL YEAR
1991/92 (For payment of principal
and interest on General Obli ation
Open Space Bonds the sum of ?.002)
SRCC MINUTES (Regular) 9/3/91 Page 1
SRCC MINUTES kRegular) 9/3/91 Page 2
9. SECOND READING AND FINAL ADOPTION OF ORDINANCE
NO. 1607 - AN ORDINANCE OF THE CITY OF SAN
RAFAEL AMENDING ORDINANCE NO. 1593 (PARAMEDIC
SERVICE SPECIAL TAX) AND SETTING THE PARAMEDIC
TAX RATE FOR FISCAL YEAR 1991/92 FOR RESIDENTIAL
AND NON RESIDENTIAL PROPERTIES (Fin) -
File 9-3-31 x 9-12
10. Request Council Sponsorship of Downtown
Community Plan (P1) - File 140 x (SRRA) R-304
Approved final adoption.
Approved staff recommendation.
13. Resolution Authorizing Execution of Contract RESOLUTION NO. 8503 - ACCEPTING THE
with CH2M Hill for Preparation of an Initial PROPOSAL FROM CH2M HILL FOR PREPAR-
Study and an Environmental Impact Report for ATION OF AN INITIAL STUDY AND
Shoreline Business Park (P1) - File 4-10-257 ENVIRONMENTAL IMPACT REPORT FOR
SHORELINE BUSINESS PARK (Former
San Quentin Disposal Site)
14. Adoption of Resolutions (2): (CM) -
File 7-3 x 9-3-11
a. Amending Resolution No. 8248, Pertaining
to the Compensation and Working
Conditions for Management and Mid -
Management Employees
b. Amending Resolution No. 8249,
Pertaining to the Compensation for
City Manager
15. Correction Resolution to Cure Retroactive
Liability for FLSA Overtime Compensation
(CM) - File 7-3
17. Claims for Damages:
a. Ruth Holmes (PW)
Claim No. 3-1-1571
b. Gerald Thompson (PD)
Claim No. 3-1-1576
C. Exxon Company U.S.A. (RA & PW)
Claim No. 3-1-1578
d. AAA Commercial Leasing Corp. (PW)
Claim No. 3-1-1580
RESOLUTION NO. 8504 - AMENDING
RESOLUTION NO. 8248 PERTAINING TO
THE COMPENSATION AND WORKING
CONDITIONS FOR MANAGEMENT AND
MID -MANAGEMENT EMPLOYEES
(Excluding Police Mid -Management
Classifications) (2% Eff. 7/1/91)
RESOLUTION NO. 8505 - AMENDING
RESOLUTION NO. 8249 TO INCREASE
THE SALARY OF THE CITY MANAGER
(2% Eff. 7/1/91)
RESOLUTION NO. 8506 - A RESOLUTION
EXPRESSLY STATING THE ADMINISTRATIVE
POLICY OF THE CITY REGARDING DEDUC-
TIONS FROM COMPENSATION OF EMPLOYEES
EXEMPT FROM THE OVERTIME PROVISIONS
OF THE FAIR LABOR STANDARDS ACT
Approved City Attorney's recommend-
ation for denial of Claims a, b, &
C.
Approved Insurance Consulting
Associates', Inc., recommend-
ation for denial of Claim d.
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:
8. STATUS REPORT ON LIBRARY PLANNING PROCESS (Lib) - File 9-3-61 x 8-20
a. Accept report.
b. Adopt Resolution.
C. Approve staff recommendation.
Councilmember Boro commended Library Director Stratford on the approach he has taken,
sitting down with his whole staff to work out the changes in operations. He recommended
that other department heads could take this same approach of working together.
Councilmember Boro moved and Councilmember Breiner seconded, to accept the staff report,
adopt the Resolution appropriating $17,000 from the Davidson Bequest to purchase
SRCC MINUTES (Regular) 9/3/91 Page 2
SRCC MINUTES Regular) 9/3/91 Page 3
new shelving and for other expenses, and to authorize closing the Library from
December 16 through December 25, to accomplish reorganization of interior space.
Under discussion, Councilmember Breiner inquired if there will be any left -over shelves
which will not be needed, and Library Director Stratford stated the Library will find
uses for the old shelving. Councilmember Breiner stated she is pleased with the success
of the Bookmobile in the Canal area, and recommended consideration of a paperback
book exchange.
RESOLUTION NO. 8507 - APPROPRIATING $17,000 FROM THE DAVIDSON BEQUEST FOR REORGANIZATION
OF LIBRARY INTERIOR FISCAL YEAR 1991/92
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. AUTHORIZATION TO CALL FOR BIDS - TIBURON STREET STORM DRAIN IMPROVEMENT (PW) - File
4-1-446
Councilmember Thayer inquired why could not the homeowners pay for part of the storm
drainage system repairs.
Public Works Director Bernardi explained that the problem is City runoff, and the City
is responsible to maintain the street drainage. He added that Public Works has been
maintaining the facility for the last couple of years.
Mayor Mulryan noted the liability to which the City could be subject if this improvement
is not made.
Councilmember Breiner moved and Councilmember Thayer seconded, to approve the staff
recommendation to call for bids for Tiburon Street Storm Drain Improvements.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12. AUTHORIZATION TO CALL FOR BIDS - DOWNTOWN RELAMPING OF TRAFFIC SIGNALS AND SIGNS
(PW) - File 4-1-447
Councilmember Boro inquired of Public Works Director Bernardi whether this program
will be extended to other areas of the City and Mr. Bernardi replied in the affirmative.
Councilmember Boro moved and Councilmember Shippey seconded, to accept the staff
recommendation regarding replacement of downtown traffic signal and illuminated sign
lamps.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. EAST SAN RAFAEL NEIGHBORHOOD CLEAN-UP DAY (CM) - File 218 x 9-3-11
Councilmember Breiner stated she is concerned with health issues in the clean-up
project, and suggested that gloves and other protection be used.
Assistant City Manager Suzanne Golt responded that she is meeting with the Committee
next week to discuss this event, and will bring up that issue. City Manager Nicolai
stated that gloves and other equipment were furnished last year in the clean-up project.
The Council accepted the staff report, without motion.
SPECIAL PRESENTATION
18. PRESENTATION OF PROCLAMATION TO SISTER PATRICIA FOR HER 45 YEARS OF WORK WITH THE
DOMINICAN GARDEN SCHOOL (CM) - File 110
Mayor Mulryan presented a proclamation to Sister Patricia of the Dominican Order
acknowledging her 45 years of work with the Dominican Garden School. Mayor Mulryan
spoke of the benefits to the children through the teachings of the School, and pro-
claimed Tuesday, September 3, as Dominican Garden School Day in the City of San Rafael.
Sister Patricia expressed her gratitude to the Council and to the City for their
recognition.
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19. PUBLIC HEARING - TO CONSIDER ADOPTION, BY REFERENCE, OF AMENDMENTS TO THE ANIMAL CONTROL
REGULATIONS IN TITLE 8 OF THE MARIN COUNTY CODE, PERTAINING TO AN INCREASE IN LICENSE
FEES AND OTHER FEES RELATING TO ANIMAL CONTROL (CA) - File 4-13-54 x 9-10-2 x 9-3-16'x
13-3
Mayor Mulryan declared the Public Hearing opened.
City Manager Nicolai informed the Council that staff has been working with the Marin
Humane Society, the County, and the various other jurisdictions in Marin over several
years, not only to contain the costs of animal control, but also to raise the revenues
and adjust fees periodically. She stated that the County Board of Supervisors has
already acted on this issue of amendments, and that the City was told recently that,
rather than adopting the entire Code by reference, each jurisdiction would adopt the
amendments as they come forward. She stated that tonight's public hearing is in
reference to the fee increases and staff recommends that the Ordinance be adopted.
There being no input from the public, Mayor Mulryan declared the Public Hearing closed.
The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ADOPTING BY REFERENCE THE AMENDMENTS TO THE
ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE" (Re an
Increase in License Fees and other fees relating to Animal Control)
Councilmember Thayer moved and Councilmember Breiner seconded, to dispense with the
reading of the Ordinance in its entirety and refer to it by title only and pass
Charter Ordinance No. 1608 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
20. REPORT ON PARKING METER EQUIPMENT (Fin) - File 11-18
City Manager Nicolai referred to recent discussions regarding raising parking meter
rates, noting the parking meter manufacturer has advised staff that the meter rates
cannot be changed as approved by the Council without an additional cost. She said the
problem is the use of pennies, since the City's existing timers cannot be adjusted to
keep track of 3 -minute increments. Ms. Nicolai reported that in order to provide
close to 3 minutes for $.01, new timers would be needed, as well as an overwind
mechanism which will add approximately $30,000 to the City's original cost estimate
for parts. This mechanism would allow for acceptance of four coins, versus the three
which are currently allowed.
Ms. Nicolai presented four options for consideration, and explained each briefly.
She stated that Option 4 was the one staff would recommend, which is to replace some
of the meters which accept pennies with some which do not. She stated in that way the
City could save $30 for each meter which is converted from one which accepts pennies
to one which does not. Her recommendation was for the meters in the parking lots to
be changed so they will not accept pennies, which would be consistent with the majority
of parking meters in the lots at present. She stated that the City currently has 237
two-hour meters in the parking lots which do not accept pennies, and recommended
conversion of the remaining 181 two-hour parking lot meters which still accept pennies,
so they will no longer accept the pennies. She stated this would mean a savings of
$5,320 in parts, and the cost for this option is $40,000 for parts plus labor.
Councilmember Shippey observed that with the current financial situation he does not
see why the City should spend that much money. He said he favors Option 1, to change
the existing meters so that the rate is changed from $.10/hour to $.20/hour, and
eliminating the use of the penny. He noted the cost of this would be only $15,000.
Mayor Mulryan said some people question why the City has meters at all, since the
shopping centers do not. He said he feels that the cost is not too high.
Councilmember Thayer questioned whether there is any difference in revenue between
Options 1 and 4. Ms. Nicolai stated the revenue is broken down by collection routes,
and the figures could not be broken down between the meters accepting pennies and
those which do not. She added that if you consider that the smallest coin would be
a nickel, Option 1 would be the highest. She noted that Option 4 still allows pennies
to be used in some meters, and this would still be a higher level than the original plan
which would have had all of the meters accepting pennies to still accept them.
Councilmember Boro noted that there is a related item on the agenda tonight regarding
parking citations, and he feels that possibly the two items are related in that they
will have an impact on the Downtown. He said one option might be to eliminate pennies
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SRCC MINUTES ,,regular) 9/3/91 Page 5
and put a cap on the ticket fees. He noted that the money for the conversion is
covered out of the revenue, so it is not a matter of going into a hole. Mr. Boro
added that in the original proposal from staff it was assumed that the pennies would
stay, but the cost of conversion will be covered by the revenue.
Councilmember Breiner stated she is in favor of Option 4, and asked about the total
breakdown of meters accepting pennies. Finance Director Coleman said there are
approximately 800 meters on the street, which will take pennies. Mr. Boro clarified
that every meter in the lots would take a nickel. Mr. Coleman agreed.
Councilmember Breiner moved and Councilmember Boro seconded, approving Option 4,
that the City acquire new timers and retain the pennies for all of the meters except
those in the parking lots.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
21. REPORT ON POLICE PURSUIT SPEED LIMIT (PD) - File 9-3-30
Police Chief Ingwersen informed the Council that, in response to their request, he
researched the matter of pursuit policies with experts in the field. He noted that he
had used the City Link process to request information from other cities also, as well
as State and National law enforcement organizations and the U.S. Department of Justice.
He noted that there has to be a balanced approach, involving the safety of citizens
and the need for public safety, and the concern of citizens for the apprehension of
violators of the law. Chief Ingwersen referred to his staff report which listed the
results of his survey.
Councilmember Breiner stated her question is, what are some of the limitations which
other jurisdictions are using. She noted that she had read of a successful program
in Baltimore, and a few other cities, and would like to know more specifics rather than
just a model for guidance. She stated she would like to have staff spend more time
on this and see what other jurisdictions have actually done. She noted that Section
XVIII, Pursuit Guidelines, in the League of California Cities Policy states, in part
". . .pursuit, or continued pursuit, must be commensurate with the seriousness of the
known offense". She stated that she read about a recent chase involving San Rafael
police where the newspaper reported that there were speeds up to 120 miles per hour
going across the bridge.
Mayor Mulryan stated that safety is paramount, and noted that in the first paragraph
of the pursuit policy Chief Ingwersen had addressed that, but it should be made more
explicit. He stated that there should be an intelligently balanced policy regarding
speed limits, taking into consideration congested areas versus open areas. He said
it is necessary that our Police know that it is the balancing of the need to apprehend
with the safety of the public. He stated this policy has been improved over the
previous policies, but it should address the balance more explicitly.
Councilmember Shippey stated that if we adopted a limit, it would be a message to a
certain element and the information would get out. He added that protecting the lives
of our citizens is important.
Councilmember Thayer asked about the pursuit guidelines, and whether there is any-
thing regarding taking into consideration the seriousness of the offense.
Chief Ingwersen responded that General Order #80-21 balances out the Council's concern
for the citizens, as well as the officers. He stated that knowledge of the offense
which caused the pursuit is also a factor.
Mayor Mulryan questioned whether it is clear enough that there is a difference when
an officer is pursuing a shoplifter or a murderer. Chief Ingwersen stated he feels
confident in that area, between the written word and the officers' training.
Councilmember Breiner inquired if there is a review after a high speed chase. Chief
Ingwersen stated it is reviewed by the Sergeant on duty at that time, and he makes a
report. He stated that is covered on Page 4, Section 12(c) of the General Order.
Ms. Breiner stated she feels the review should be more of a committee approach,
rather than only one person. Chief Ingwersen responded that the Sergeant makes his
report to the Lieutenant, who reviews it. Ms. Breiner asked, it is not people sitting
around a table for the review, and Chief Ingwersen replied it is not.
Councilmember Shippey asked if we can get assistance in a pursuit, and Chief Ingwersen
responded that the CHP helicopter is based in Napa, so it takes time to get here.
SRCC MINUTES (Regular) 9/3/91 Page 5
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However, when a pursuit reaches Highway 101 at Greenbrae the CHP takes over. They have
vehicles and the training. After they take over, the San Rafael officer trails and does
not remain part of the pursuit.
Councilmember Breiner stated she would like to see if there are jurisdictions with
more distinctions made, and be assured that this Council is giving the right signal
in terms of what the community can expect from the City as far as health and safety
on the road are concerned. She said she would like information about the Pursuit
Review Board, such as those in Phoenix and Mesa, Arizona and in Dade County, Florida,
so we could be sure pursuits are being done in a proper way. She would also like to
learn of other policies they may have instituted, since she feels there are other things
the City could be doing.
Mayor Mulryan asked Chief Ingwersen to come back to the Council with the requested
information.
City Manager Nicolai stated that when they went out on the Police Link, Menlo Park
was the only response and it was regarding Code 3, not hot pursuit, and they had no
speed limit.
Councilmember Boro said consideration should be given to the area in which a city is
located, such as Arizona with wide open spaces.
22. REPORT RE: STATE MANDATED PARKING CITATION FEES (Fin) - File 11-8 x 9-10-2
Finance Director Coleman informed the Council that during the last days of July the
State enacted legislation which will require the City of San Rafael to pay up to $5
per parking citation to Marin County. The State, in turn, will take $2 of the $5.
He noted that we currently pay Marin County $1.50 for each citation so this will
represent a potential increase of $3.50 per citation.
He added that within the next week the Marin County Judges will formally set the amount
which must be paid to the County, but it is expected they will approve the full $5
authorized by the State, which will become effective September 5th. He noted that the
fees will be placed in a Criminal Justice Fund and a Court Construction Fund. He
stated that if we do not increase our parking citation fees or approve a substitute
source of revenue, we could lose $120,000 a year. Mr. Coleman noted the other fees
paid to Marin County, including the $300,000 booking fee and cost of collecting our
property tax.
Mr. Coleman recommended a public hearing be set for September 16th to consider a $4
increase in parking citations.
Councilmember Boro stated he understands the public hearing process, but he is
concerned about the reaction of the public and the downtown merchants, because of the
impact. He recommended that staff get together with the merchants and explain the
situation so they will have input. He stated he does not feel we should raise the
fees without looking for other options.
Mayor Mulryan stated this would be a public hearing and everyone could participate.
He pointed out the fines are a different matter than the parking meter rates, but he
does not think the Council should wait too long for the public hearing and be out
$120,000.
Mr. Boro stated that we are not looking for alternates, but are setting a public
hearing, and he cannot support that. Mayor Mulryan pointed out that the City has to
set tax rates, but this is a fine. Ms. Breiner pointed out that San Rafael's fines
are lower in general than alot of other communities.
Councilmember Thayer stated she understands Mr. Boro's point of view. She added that
the downtown merchants would like to get rid of the meters. She stated she does not
see how to get around the problem, but perhaps some alternatives could come out of the
public hearing. Councilmember Shippey stated we should give the process a chance.
Councilmember Boro stated we are setting a public hearing to raise fees, but not to
find another solution. He stated that is his problem, and he would like to know what
other Marin cities are doing.
Mr. Coleman advised the Council that overtime rates in Marin County range from $10 to
$17 currently, and most of the cities will no doubt be reacting to this legislation.
Ms. Nicolai inquired if the fines involve any overtime parking meters, and Mr. Coleman
replied, anything other than moving violations. Ms. Nicolai stated she would be happy
to start alerting the groups and talking about the issue. She stated we could set
the date for the public hearing far enough in advance so staff would have time to
talk about it first.
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Mr. Boro stated that by automatically increasing the rates we are not solving the
problem. Mayor Mulryan stated we do not have the ability to solve it, but we should
inform the downtown people so they will understand. He stated he would go with an
extended notice period.
Ms. Breiner noted that this would make it more difficult for the downtown area versus
the shopping areas.
Councilmember Thayer moved and Councilmember Shippey seconded, to set a public hearing
and ask for further analysis by staff regarding any alternatives; that there be public
notices so that all merchants in the area will hear about the public hearing.
Under discussion, Ms. Nicolai said she would like to talk with the downtown people
first, before a public hearing date is set.
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
23. CITY COUNCIL REPORTS
a. CLEAN-UP ON VARIOUS HAZARDOUS SITES IN DOWNTOWN SAN RAFAEL (FD) - File 13-2 x
9-3-31
Councilmember Boro requested further information on various hazardous sites in
downtown San Rafael, in order to try to speed up the clean-up of the sites.
Mayor Mulryan agreed that they are not being cleaned up quickly enough. Mr.
Boro noted that last year when it rained and a hole filled with water there
was a problem with pumping it out because of the toxics in the water.
There being no further business, the meeting adjourned at 9:10 P.M.
-il
JEA7kp LEON CINI,ii �ty Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
, 1991
SRCC MINUTES (Regular) 9/3/91 Page 7