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HomeMy WebLinkAboutRA Minutes 1998-01-20SRCC MINUTES (Regular) 12/21/98 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 7, 1998 AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: Paul M. Cohen, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION - 7:00 PM: None ORAL COMMUNICATIONS OF AN URGENCY NATURE: PM None. CONSENT CALENDAR: 8:40 Councilmember Miller moved and Councilmember Heller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting of Monday, Minutes approved as submitted. December 7, 1998 (CC) 2. Request for City of San Rafael Amicus Participation: (CA) Bernard Long, et al, v. City of Rialto, et al. This item was removed from the Agenda at request of staff. (San Bernardino County Superior Court, Case No. SCV27138, Fourth District Court of Appeal, Case No. Fourth Civil E022019) 3. Agreement Approving Traffic Mitigation Fees for RESOLUTION NO. 10341 to the Compensation and Working Conditions for Marin Association of Public Employees/SEIU 949, Child Care Unit (MS) - File 7-8-4 RESOLUTION AMENDING RESOLUTION NO. 9987 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MARIN ASSOCIATION OF PUBLIC EMPLOYEES/SEIU 949, SRCC MINUTES (Regular) 12/21/98 Page 1 YMCA (CM) - File 10-2 RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN Y.M.C.A. CONCERNING ALTERNATIVE PAYMENT OF TRAFFIC MITIGATION FEES. 4. City Work Plan Review - File 237 Accepted report. 5. Resolution of Appreciation for Don Vaughn, RESOLUTION NO. 10342 - Street Maintenance Supervisor, Employee of the RESOLUTION OF APPRECIATION FOR Quarter for Period Ending September 30, 1998 (CM) DON VAUGHN, EMPLOYEE OF THE - File 102 x 9-3-41 QUARTER FOR PERIOD ENDING SEPTEMBER 30, 1998. 6. Resolution Amending the Deferred Compensation RESOLUTION NO. 10343 Plan (MS) - File 7-4-5 RESOLUTION OF THE CITY OF SAN RAFAEL AMENDING THE DEFERRED COMPENSATION PLAN. 7. Resolution Amending Resolution No. 9987 Pertaining RESOLUTION NO. 10344 to the Compensation and Working Conditions for Marin Association of Public Employees/SEIU 949, Child Care Unit (MS) - File 7-8-4 RESOLUTION AMENDING RESOLUTION NO. 9987 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MARIN ASSOCIATION OF PUBLIC EMPLOYEES/SEIU 949, SRCC MINUTES (Regular) 12/21/98 Page 1 8 0 10. 11. 12 SRCC MINUTES (Regular) 12/21/98 Page 2 SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1734 - "AN ORDINANCE OF THE CITY OF SAN RAFAEL PREZONING CERTAIN REAL PROPERTY FROM THE COUNTY OF MARIN ZONE R-1 (RESIDENTIAL SINGLE-FAMILY DISTRICT, 7,500 SQ. FT. MINIMUM LOT SIZE) DISTRICT TO THE CITY R20 -C DISTRICT (SINGLE-FAMILY RESIDENTIAL, 20,000 SQ. FT. MINIMUM LOT SIZE, CANAL FRONT OVERLAY); 110 POINT SAN PEDRO ROAD, APN 17-181-36" (CD) - File 5-2-93 x 10-3 x 10-6 CHILD CARE UNIT (Two -Year Agreement from November 1, 1998 through October 31, 2000). Approved final adoption of Ordinance No. 1734. Resolution Authorizing Execution of a Professional RESOLUTION NO. 10345 Services Agreement with Jeffery Baird & Associates RESOLUTION AUTHORIZING THE for Planning Consultant Assistance During the CITY MANAGER TO SIGN A Preparation of the San Rafael General Plan Update PROFESSIONAL SERVICES (P97-4) (CD) - File 4-3-353 x 115 x 10-2 AGREEMENT WITH JEFFERY BAIRD & ASSOCIATES TO PROVIDE PLANNING CONSULTANT ASSISTANCE DURING THE PREPARATION OF THE GENERAL PLAN UPDATE. Resolution Approving Request for Fee Waiver of RESOLUTION NO. 10346 Application Fees for a Use Permit (UP98-47) for RESOLUTION WAIVING PAYMENT OF a 12 -Bed Temporary Detoxification Center LocatedTHE FEES FOR THE USE PERMIT at the North End of Smith Ranch Road (CD) APPLICATION (UP98-47) FOR - File 10-2 MARIN PEOPLE CARE TEMPORARY DETOXIFICATION FACILITY (HELEN VINE CENTER) LOCATED AT THE FORMER HONOR FARM SITE ON SMITH RANCH ROAD, NORTH END (SILVEIRA RANCHES PROPERTY). Resolution Approving Final Map Entitled, RESOLUTION NO. 10347 "Map of Victorian Village Condominium", San Rafael, California (PW) - File 5-1-337 Annual Report and Audit for San Rafael Redevelopment Agency (RA) - File R-62 RESOLUTION APPROVING FINAL MAP ENTITLED, "MAP OF VICTORIAN VILLAGE CONDOMINIUM", SAN RAFAEL, CALIFORNIA. Accepted Annual Report and Audit for San Rafael Redevelopment Agency. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SPECIAL PRESENTATION: PRESENTATION OF RESOLUTION OF APPRECIATION TO DON VAUGHN, STREET MAINTENANCE SUPERVISOR, EMPLOYEE OF THE QUARTER ENDING SEPTEMBER 30, 1998 (CM) - File 102 x 9-3-41 Mayor Boro introduced Don Vaughn, Street Maintenance Supervisor, who was selected Employee of the Quarter for the period ending September 30, 1998. Mayor Boro explained each quarter the employees choose an Employee of the Quarter, who is awarded $100, and becomes eligible for a $500 award as Employee of the Year. SRCC MINUTES (Regular) 12/21/98 Page 2 Mayor Boro noted the enthusiasm and warm his fellow employees, and pointed out Mr. City for 29 years. Mayor Boro stated Mr. amount of enthusiasm for his job, noting Mr. Vaughn did an outstanding job for the and the people of San Rafael, Mayor Boro for his hard work, and presented him with SRCC MINUTES (Regular) 12/21/98 Page 3 commendation Mr. Vaughn received from Vaughn has been an employee of the Vaughn has always shown a tremendous recently, during the E1 Nino storms, City. On behalf of the City Council congratulated and thanked Mr. Vaughn a Resolution of Appreciation. Mr. Vaughn thanked Mayor Boro and the Council, stating he appreciated the great honor, and he very much enjoyed working for the City. OLD BUSINESS: 13. REPORT RE: DRINKING ON PRIVATE PROPERTY (CA) - File This item was removed from the Agenda at the request of staff. NEW BUSINESS: 14. RESOLUTION APPROVING FREITAS PART RENOVATION CONCEPTUAL PLAN (CS) - File 2-1-29 x 9-3-65 x9-2-4 Community Services Director Carlene McCart explained this was the first of three projects the Community Services Department had committed to bring before the Council and complete this year. She stated Freitas Park was the largest and most comprehensive plan that would be brought before Council this year, and perhaps the most problematic in addressing both the issues of the City and the neighborhood, and in looking at the funding scenario. Ms. McCart believed staff was presenting a plan Council would be happy to support, and be proud to see installed. Ms. McCart reported staff's assignment had been to solve three design issues: ADA access into Freitas Park and the restrooms, using reclaimed water with the current irrigation system, and revitalizing or replacing the water feature in the park. She stated that when they closed the ponds three years ago, they literally closed Freitas Park, as the ponds and the water feature were the heart and soul of the park. She noted they have seen very little use of the facilities since that time; therefore, it has been a Council priority to reinstate that water feature. At the same time, they wanted to incorporate the neighborhood priorities for the park, and also solicit community commitment to partner with the City in the project. She stated those were staff's three objectives in attempting to reach their goal, and she believed they had met those objectives with the plan being presented. Ms. McCart reported the process had begun last April, when Keller Mitchell and Company was selected as the Landscape Architectural firm, and prepared the design for the project. She stated they had a lot of experience with some very fine projects which incorporated water features into public places, such as plazas, day care centers, and parks, and noted the first thing they did was to outline the scope of this particular project. Concerning whether our water feature could be retro -fitted to meet the public safety codes of today, it was determined it could not, and it would be much more expedient and efficient to replace the water feature than to try to work with what we have. She stated the next question they needed to answer concerned the restrooms, pointing out they are not currently ADA accessible, nor are the accesses into the park. They discussed whether it would be more efficient to close the existing facility and relocate it, or to retro -fit what we already have, and it was determined that retrofitting proved to be the best solution to that problem. Ms. McCart reported that with those parameters in mind, and knowing there was now reclaimed water to the site, which would require converting the current system to accommodate reclaimed water, they conducted three community meetings, which were very well attended, to determine the community's priorities for the facility. Ms. McCart reported the first priority of the community was one staff shared, which was to reinstate the water feature in Freitas Park. She stated the community was also interested in seeing a children's playground area installed, specifically for pre-school children, since the older neighborhood children are served with playground installations at Vallecito School and St. Mark's School, but there is nothing for the younger children in that neighborhood. Ms. McCart stated the original design was sorely lacking in seating and SRCC MINUTES (Regular) 12/21/98 Page 3 SRCC MINUTES (Regular) 12/21/98 Page 4 shade opportunities, which really affected parents and older visitors to the park; therefore, it was a priority for the community to solve those design problems with this new renovation project. She reported that over the course of the three neighborhood meetings they also discussed parking and parking controls, noting this was an issue of concern for many of the residents. Ms. McCart reported that since the park has been closed, Kaiser employees have been parking along Montecillo Avenue because there is no interchange with the park, and with the reopening, some of the residents are concerned that parking would then encroach into the neighborhood. Ms. McCart stated this problem could be solved by limiting the time that parking is available outside the park on Montecillo Avenue, in which case staff did not feel additional parking would be required. Ms. McCart reported at all three meetings they had also talked at great length about the disposition of the parcel of land across the street from the park. She stated that at the first meeting, people had unanimously felt the City should sell that piece of land, and put the money into the renovation project of Freitas Park proper; however, she noted the scales tipped as they got to the third meeting, to the point where it was unanimous that the City not sell the property. Ms. McCart stated the common thought to the opposition of the sale was twofold. First, the neighborhood uses that piece as access to Vallecito School, and the students from the neighborhood walk through that parcel to get onto their campus. She explained that without it, they would have to walk all the way around Montecillo Avenue, and down to the corner during commute time, and that was a problem for parents. Secondly, there was an overall feeling that they did not want to give up part of their park, on a philosophical basis, and did not want to carve up their park area. Therefore, consensus was not reached on this point, and if that was something Council wished to have staff revisit, she noted they would need to have additional meetings specifically to address this one issue, extracting it from the rest of the planning process for the renovation project. Ms. McCart reported that once they completed the community meetings, staff went before the VIA (North San Rafael Vision in Action) Committee twice, and visited the Park and Recreation Commission twice, and at each meeting the plan was re -tooled in slightly different ways, until reaching the proposal now before Council, which Ms. McCart believed was a clear consensus of all the thought processes that have gone into the proposal. Fred Warneke, Chair of the Park and Recreation Commission, stated this had been a long process, and was very overdue for this park. He pointed out this was northern San Rafael's main park, and had been out of commission too long. Mr. Warneke stated it had been a top priority of the Park and Recreation Commission to get this project moving, and he hoped it could now be finalized, so they can keep it going and look forward to a successful completion. Mr. Warneke reported his fellow Commissioners had twice had a chance to review the project, and there had been comments suggesting they try to work a little more on some of the cost issues, as well as a few of the design issues, which Mr. Warneke felt they had been successful in doing. He believed the firm of Keller Mitchel and Company had done an excellent job in working with them, refining the details, and coming up with a great plan that will work. Providing an overview of the plan, Mr. Warneke stated what he found to be the nicest part of the plan was the concentration of activities in the central area of the park, which is further removed from the residential area surrounding the park, keeping that area private and quiet. He pointed out that on the other side of the park is open meadowland, which is Kaiser property, noting there would be no development in that area, and it would be used as a background, with a "borrowed" landscape that would, in effect, increase the view and make the park seem bigger. Mr. Warneke pointing out an area entrance to the park, as well as used to be a road that led down recommending the City close off no one could see a good reason f felt that from a safety standpoi where there had previously been an the service entrance, and also noted there into the tunnel. He stated they were the tunnel and not use it anymore, noting or keeping it open any longer, and they nt, it would be better to keep it closed. Mr. Warneke pointed out areas they had developed for new entrances to the park, noting the recommended areas were on -grade, so they would be ADA compliant. They also recommended installing low walls around the entry, and walkways that would bring people into the center plaza area of the park. He explained the center plaza area of the park had been set up with SRCC MINUTES (Regular) 12/21/98 Page 4 SRCC MINUTES (Regular) 12/21/98 Page 5 the new water feature, and there would be a walkway surrounding the water feature, so whether the fountain was on or off, people could walk around it, and it would be a gathering place. Mr. Warneke pointed out they were using an old, existing pergola as a background, noting it lined up and was on axis with the water feature. He noted the pergola had some amphitheater seating on one side, a few rows of seats with a trellis above it, which would provide shade and a seating area for families. In addition, it could be used for events, and would be an attractive place to gather. Mr. Warneke stated the pedestrian movement was all on -grade, with no ADA issues except for the existing 11% slope up to the restrooms. He reported the designers had come up with the idea of a meandering walkway between planting areas, which would stay at a grade of approximately 5%, meeting ADA requirements. They would also set-up nice terraced planter areas, and a concentrated area of new plantings. He acknowledged this would require some maintenance, but noted it was concentrated in one area. He also pointing out quite a few trees were being added for shade, in response to the community's needs. Mr. Warneke explained all these plans were being recommended as part of Phase I, and represented approximately 75% of the total project. He stated the 25% that was not being considered under Phase I included the children's play area, conveniently located next to the restrooms, a super -slide structure that would be built into the hillside, and some colored concrete and paving to provide a sense of entrance at one of the entry points in the park. Mr. Warneke stated all of the lawn would be done during Phase I, noting the lawn did not require any grading, and pointing out the only re- grading that could add to the cost would be in the center area, where they were doing new construction. Mr. Warneke felt this was an excellent plan, noting he liked the way, when entering including very well budget. the park, you could see almost everything, right in front of you, the restroom and children's play area. He believed the plan was concentrated and put together, particularly with the limited Referring to the funding options, Ms. McCart reported $227,000 had been budgeted for this project from the Parkland Dedication Funds; however, they discovered very early this amount would not be a sufficient for the three issues they needed to address in the park. Therefore, they began to strategize about how they would fund this project, and one of the strategies was to break the project down into phases. She noted that in developing the first phase, there were many components that are inter- dependent, so approximately 70% to 75% of the work does need to be done at first, although there are pieces of it that can wait for future funding. She clarified Phase I included the water feature; restroom renovations for ADA; the concrete terrace walls and pathway leading to the restrooms; the amphitheater for seating and shade, the new irrigation system; the entrance on Montecillo in the center of the property, rather than entrances at both sides; trees and landscaping to help shield the nearest neighbors on Trellis Avenue; and a few picnic tables and benches. Phase II would include the concrete treatment at the service entrance, the playground, super -slide, and additional landscaping. Ms. McCart stated their second strategy had been to identify other resources and partners, to supplement the available funding. She reported the City's ADA Committee has awarded this project $30,000 to address the issues of the restroom site; Marin Municipal Water District has agreed to participate in partial funding of the irrigation system, and will be a partner with the City in that portion of the project; and a task force of interested community leaders began meeting in October, in order to organize a fundraising campaign. Ms. McCart noted they already have a four-way campaign ready to go as early as January, which includes a solicitation to all residents of Terra Linda Valley for participation and donations. She reported they were also doing a coin donation project at Vallecito School, to engage the children; they are working on a commemorative tile program, similar to that done at Lanetese Gardens and Sun Valley Park; they have a very aggressive Corporate Giving Campaign, which has already been put together and is ready to go out in January; and they will be at City Hall at the Mall when it opens in January, raising awareness and trying to obtain donations. Ms. McCart noted they were very serious about participating with the City, and have committed themselves to participating 50% of the water feature cost, and 50% in the playground cost, which she pointed out would be a substantial amount of money. Ms. McCart reported that even with these partnerships and resources to complete Phase I, they still needed approximately $48,000. She stated they had several options, noting they could revisit the sale of the parcel SRCC MINUTES (Regular) 12/21/98 Page 5 SRCC MINUTES (Regular) 12/21/98 Page 6 across the street, if that was Council's wish, although if the City wanted to do that, she felt the City should hold a public meeting, specifically to discuss that issue. She stated they could also go back to the Parkland Dedication Fund, explaining Parkland Dedication Funds were generated through development, were set aside to be used only for Park and Recreation facility projects, and also needed to be applied to the general area from which they were generated. She reported that in Zone 1, which is North San Rafael, there was approximately $267,000 in Parkland Dedication Funds still available, even after the City has completed the Bernard Hoffman project, and after committing the $227,000 to this project. In summary, Ms. McCart stated staff had identified three options: to revisit the sale of the property across the street, using those proceeds to fund the renovation project; fund Phase I out of Parkland Dedication Fees; or they could, at this time, fund both Phase I and Phase II out of Parkland Dedication Fees. She stated it would be preferable to do the whole project at once, pointing out there were economies in not having to revisit the same site; however, she felt if they were to do the entire project at once, it might tax the ability of the Task Force to participate to the extent they have made their commitment, and it would also reduce the available Parkland Dedication Funds in Zone 1, North San Rafael, to approximately $130,000. She stated if they did decide to do the project in phased development, they could further use the time before they begin Phase II to research other resources, grants, and opportunities. Therefore, she stated staff was recommending approval of the Resolution before the Council, to accept the conceptual plan for Freitas Park, and to authorize the expenditure of $48,000 from Parkland Dedication Funds, for the completion of Phase I. Councilmember Phillips stated he was very excited about this project, as he lived very near the park, noting this was something the community had been looking forward to for some time, and it would be very well received. Councilmember Phillips referred to the water feature, and asked what it would look like? Mr. Warneke explained the approach to designing the water feature had been to make it safe, pointing out there were a lot of safety issues with water features. He stated what they suggested, and what seemed to be acceptable to everyone, was to not have a "standing water" pond, noting this would be more of a "dry" water feature, with the water going immediately into a drain and being recirculated, so there would be no collection of water. He noted they also wanted to make the water feature maintainable. He pointed out the existing condition at the park, before the old water feature was shut down, had been a maintenance nightmare, as there was no way to automatically chlorinate the system, which is required, and there was no filtration, which is also required now. He stated just the fact that it was in close proximity to planting areas, and subject to soil eroding into the system, made it a horrible thing for Park staff to have to deal with. He stated the consensus seemed to be to simplify it, and just use water jets. He noted the community seemed to want a variety, not just one kind of water jet, and the jets will be operated with a program that will allow them to come on randomly, which is a lot of fun for the kids because they never know which jet is going to come on next. Councilmember Phillips asked if it would be slippery? Mr. Warneke stated that while they had not decided what the paving would be, it would either be masonry pavers or colored concrete, having a texture that would make it as non -slippery as possible. Councilmember Phillips asked for detail on the super -slide. Mr. Warneke stated they had obtained an existing slide from Mission Hills Park in Pleasanton, and instead of mounting it on framework, it would be built into the hillside, noting the kids could race down the slide, and then run back up along steps on both sides of the slide. Mr. Phillips asked if it would be a water slide or a dry slide? Mr. Warneke stated it was a dry slide. Councilmember Heller stated these types of slides were used in San Francisco, where they pour the cement into the hillside, and noted the kids just love them. Mr. Warneke stated this would be the same basic idea, except our slide would probably be a seamless, stainless steel slide. Councilmember Phillips noted he was an advocate for a skateboard park, which had not been developed as yet. However, he stated he was concerned that with the switchback, this might be prime "skateboard country", and asked if they had given any thought to that, as he had hoped this park was to be, in large part, mainly for the younger children. Mr. Warneke stated this had been discussed at the last community meeting, and they had acknowledged that this was a possibility. However, he believed that situation was more a matter of control within the park, and if people started skateboarding on it, the City would have to decide whether to say SRCC MINUTES (Regular) 12/21/98 Page 6 SRCC MINUTES (Regular) 12/21/98 Page 7 "Yes" or "No" to that. Mr. Phillips asked if there was a design feature that might either encourage or discourage that kind of activity, such as having a pebbled texture? Mr. Warneke stated there was a balance between accessibility and trying to control the skateboarders, noting they would be looking at those kinds of things. He stated he had considered having a single bollard at each of the switchbacks, leaving enough room for wheelchair clearance, but having something that would tend to slow someone down if they were on a skateboard. Councilmember Phillips stated he understood dividing Phase I and Phase II, for the reasons mentioned, but wondered if there would be a cost savings if it were all done at one time, and if so, was there any estimate of what that cost differential might be? Ms. McCart stated she did not know what that savings might be, but she assumed they would have to take into account how long it would be before they actually got to Phase II, and what the market would be like, noting there would be a lot of factors involved. Public Works Director Dave Bernardi stated that typically, contractor mobilization was approximately 10% to 15% of the cost of the project, so if the contractor mobilizes once, they would save approximately 15% of whatever the extra work would cost at another time. He noted there was also the expense of going out to bid again, as well as for advertising and staff time spent putting the plans and specifications together. He stated, presumable, we would get a complete package from the architects, and would be able to go out with a Phase II plan without involving them again. He stated the cost involved in staff time, preparation, and awarding contracts could be approximately 5% to 10% of the cost. Mr. Phillips asked, in this case, if the cost for Phase II was approximately, $100,000, what would the additional cost be? Mr. Bernardi stated it would be approximately $20,000 to $30,000 in additional costs for mobilization. Mr. Phillips noted an additional $20,000 on a $100,000 project, if they were to phase it, was a fairly heavy premium. Councilmember Heller asked if they had looked into maintenance costs? Ms. McCart reported park staff had looked at that, noting that because of the intensity of the maintenance needed in the past for the pond, this project would actually require less time. Mr. Bernardi concurred that less time would be spent on maintenance, explaining that in the past, they had to spend a lot of time hand- scrubbing and hand -chlorinating the pond because of the algae, noting it was very labor intensive and very expensive, because they had to completely flush the system twice or three times per week, which was very expensive. He noted that during the summer, they probably had spent $5,000 just in water costs; therefore, this new system was going to be much more efficient, and much less labor intensive. Ms. Heller noted it appeared as though there was going to be considerable savings; however, she stated she would like staff to determine a dollar amount. She pointed out Andersen Drive was going to cost quite a bit of money each year, and she believed the City now had to start looking more closely at the parks, noting that while the parks were wonderful to have, the City needed to tell the community that if they continue to want parks, there were going to be maintenance costs year, and those figures would just continue to go up. She pointed out there was at least one other park coming online, at the Hoffman ballfields, which was going to be an expense to the City. In addition, there might also be another park on a P.G.& E. site; therefore, the City had three substantial "hits" on the Maintenance budget in the future. Roz Katz, member of the task force working on the park, reported that since starting this project, everyone on the task force, and everyone in the neighborhood, was committed to keeping the park whole, as it is now. She noted, as shown on the Master Plan map, this was one park, named the Maria B. Freitas Memorial Park. She stated they did not want part of the park sold off, and would make every effort to raise all of the money needed to make this less expensive to the City, and if need be, they were perfectly willing to let the north side of the park sit as it is right now, and do what they can to make it ADA compliant, which she felt would be fairly easy, simply a matter of painting a handicapped parking space and having a road installed, and installing a handicapped porta-pottie. In looking at the history of the park, Ms. Katz stated they have come to realize this is a very special park, because it is a memorial park to Maria B. Freitas, who could be considered a founding mother of Terra Linda. She stated, to her knowledge, this was the only memorial park dedicated to a woman in Marin County, and perhaps in all of Northern California, and she felt it was important that we all respect and preserve our history, because if we do not preserve our history, then we have no legacy to hand down. She asked Council to realize the great importance the neighborhood puts on preserving the park as it is, and to understand they will do whatever they can to make it stay as it is. She recalled a year ago she had come up with SRCC MINUTES (Regular) 12/21/98 Page 7 SRCC MINUTES (Regular) 12/21/98 Page 8 the suggestion that perhaps the parcel of land across the street could be sold for the construction of two single-family homes, which might possibly net $250,000 for the City; however, it was the opinion of the people in the neighborhood, some of whom are real estate brokers, that these were not desirable parcels for building single-family homes, and there appeared to be no logical buyer at the moment. She noted this land was zoned for Park/Open Space, and she saw no reason to move forward and do anything with the north end of the park at this time. Mayor Boro noted the comment had been made earlier that the neighbors did not want to carve up the park, and that they were concerned about access to the school. He stated the plan before Council did not refer to anything happening on the other side of the park, and asked what the intentions were for that portion of the park? Ms. Katz stated she heard an earlier speaker refer to closing off the tunnel, and she believed that if the City closed off the tunnel under Montecillo, it would make two separate parks. She noted that currently, the underground passageway was a way in which neighborhood children could go through the park, and down to Vallecito. Mayor Boro reiterated the plan before Council did not show anything happening there, noting it was still to be used as a park. Ms. Katz stated it did not show anything happening there because no one had taken into consideration that there would be people who did not want to sell the north end of the park. She asked Council to please consider that there were people who did not want to sell the north end of the park, as they viewed it as one entire park. Mayor Boro asked if they were going to be coming back with a plan to develop that end of the park, as well? Ms. Katz stated there currently was no plan to do anything with that end of the park, except to let it sit; then, as money becomes available, it could be cleaned up. She noted there was a pirate ship, which was probably a liability and should come down, and other things that might have to be removed to prevent any liability to the City. She felt the park could sit as it was, with the removal of the items that might present liability issues, stating nothing had to be done about the park right now, and it was something that could be dealt with in the future. Ms. Katz noted there had been mention of skateboarding on the south side of the park, but pointed out the south side of the park did not lend itself to skateboarding or roller skating. Mayor Boro clarified Councilmember Phillips had been concerned about the park being built in a way that could attract skateboarding, and how the City would deal with that. Ms. Katz believed the sloping always encouraged kids who wanted to do something risky. Mayor Boro asked if Ms. Katz felt they might build a skateboard park on that portion of the park the neighbors wanted to save? Ms. Katz believed they could, and that they could also include a small park for little children. She noted that portion of the park had a nice circular area, and a track might be set up for skating or rollerblading. Zoe Strohm, resident of North San Rafael, presented a copy of a letter she wrote to the Park & Recreation Commission, expressing support for keeping the north parcel as part of Freitas Park. Mayor Boro stated he had received a letter from a man who was very upset and concerned that the Oriental motif of the park might be destroyed. Mayor Boro noted in speaking with City Manager Gould regarding this issue, he found that when the community designed this park, they had felt it was appropriate to change the look and emphasis of the park. Community Services Director Carlene McCart stated staff did respond to the gentleman who wrote the letter, noting he had been the only one who raised the issue of the Asian influence of the park being erased. Ms. McCart reported the park had originally been designed in the 1970's by the City's Park Superintendent, Scott Childen, in the 19701s, noting Mr. Childen had seen a similar park in the city of Palo Alto, and designed, installed and maintained a similar park here. However, the Asian architecture and elements of the park had no historical significance, and were merely a design theme. Mayor Boro referred to the maintenance, noting in the past there had been a problem with the County Health Department concerning standing water. He asked if, with the running water, we would no longer have a concern with the chlorine, as it would be like someone with a hose running fresh water? Public Works Director Bernardi stated there would be no standing water. Mr. Warneke stated the system would have an automatic chlorinator and a filter, and it would be almost like a swimming pool system. Mayor Boro asked if the water that comes out of the ground would be chlorinated? Mr. Warneke stated that was correct. Mayor Boro congratulated staff and the community on the design that had SRCC MINUTES (Regular) 12/21/98 Page 8 SRCC MINUTES (Regular) 12/21/98 Page 9 been submitted to Council, noting for quite a while there has been a need and a demand by the neighborhood that the City move forward with this. However, he believed Councilmember Heller had made a good point concerning the long-term efforts, not only with the Freitas and Hoffman parks, but also with the potential for a park on the P.G.& E. site. He agreed the City needed to look at the entire issue, from a funding point of view, so we knew where we were going, and did not find ourselves short somewhere else. He stated the City needed to look at the entire concept of parks "north of the hill", not only from a maintenance point of view, but also from what might be expected from a development point of view. He noted Ms. McCart had mentioned there would be $227,000 left in these funds, for the area north of the hill, if Council adopted the budget being presented. Ms. McCart clarified there was $267,000 currently in the fund for North San Rafael, which included the $227,000, but not the additional funds they were asking for. She stated the $267,000 was in the fund now, and was outside the money Council had already pledged. Mayor Boro asked, if they took the $48,000 for Phase I, and the $84,000 for Phase II, that would that leave approximately $100,000 to $120,000 in the fund? Ms. McCart stated that was correct. Mayor Boro stated Council needed to understand the demand for that money, in light of the park at the P.G.& E. site, and how much new money would be generated by the P.G.& E. site toward the Parkland Dedication Fund. He acknowledged there had been discussion between the community and the Park & Recreation Commission concerning the sale of the property; however, he felt they needed to also look at this from a financial point of view. He stated he would recommend approving the plan now before Council, in concept, so the process could begin. He also recommended two Councilmembers work with Ms. McCart and the community, to look at all the funding options, so they have a good understanding of not only what is needed for this park, but also the entire complex of three parks, because they were all coming together rather quickly, and in the same timeframe. Mayor Boro explained this would be helpful to Council, in order to have a good understanding, noting the worse thing the City could do would be to begin something, and not be able to finish it, or to start in one place, and find out we were short of funds somewhere else. He believed the City owed it to the entire community to look at this globally. Mayor Boro asked Councilmembers Phillips and Cohen to work with Ms. McCart and the community over the next month or two, and pursue the issue of globally funding for the entire complex of parks. Councilmember Phillips stated he was very enthusiastic about this project, but acknowledged Mayor Boro raised an excellent point, agreeing the City had to look at the big picture, and make decisions based upon that, as well. He stated he would be pleased to work with staff and the community, as Mayor Boro had outlined, noting he felt it would behoove everyone, as a community, to take this into consideration, and balance the work. Councilmember Heller referred to the tunnel, noting she was not clear whether the City could simply keep the tunnel open, as it is, or whether there would be an added expense, as she had heard it did not meet ADA requirements. She asked if the options were to close the tunnel, or bring it up to ADA standards? Ms. McCart stated the tunnel was not included in the scope of the project now before Council, noting if the City were to address any work on the other side of the street, then we would have to do something. Mayor Boro asked if the City had the option of keeping the tunnel open or closed with the current project, and would only have to do something with it if work was done to that portion of the park? Ms. McCart stated that was her understanding. Commissioner Warneke pointed out the tunnel did not meet ADA requirements because it was too steep. Mayor Boro asked if Mr. Warneke believed the tunnel should be closed? Mr. Warneke stated there were other ADA accessible areas for getting into the park and using the park; however, it was his understanding that if the tunnel were designated a major entrance or exit of the park, then it should meet ADA requirements. Councilmember Heller asked if there were any estimates on the cost of making the tunnel comply with ADA requirements? Staff noted this had not been determined. Ms. Heller asked that staff review that issue. Ms. Katz stated the tunnel was not a major entrance or exit, it was simply a bypass, and she believed that to meet ADA accessibility requirements would simply mean the City would have to make the property as accessible as is feasible. She explained the tunnel had nothing to do with anything at all, it was like a "red herring", noting the tunnel was merely a pass- through under the street, so children did not have to go above the street, and did not have to be in the line of cars coming out of Kaiser, or going to Kaiser. She asked Council not to make the tunnel something it was not, SRCC MINUTES (Regular) 12/21/98 Page 9 SRCC MINUTES (Regular) 12/21/98 Page 10 noting it was fine the way it was. She suggested the City Attorney could very easily provide Council with all the laws concerning ADA compliance. Mayor Boro stated Council was not trying to make something out of the tunnel; however, they were trying to understand an earlier comment regarding the possibility of being required to close the tunnel, or whether the tunnel could stay open only if that portion of the park was not touched, but would have to be dealt with if that portion of the park was touched. Ms. Katz believed what had caused the confusion was, in the very beginning, during the Vision planning process, they raised the idea of closing the tunnel and having the Parks Department use it to store equipment. However, she pointed out the Vision was a living thing, subject to change, and it had, once again, changed. Mayor Boro suggested to Ms. McCart that staff clarify the status of the tunnel, and what the options were, noting that if there were no additional requirements, that should be stated, but if there were requirements, they should be flushed out. Councilmember Phillips asked if there was a timeframe on Mayor Boro's suggestion for a global review of funding for the entire complex of parks in North San Rafael? Mayor Boro asked that a report come back to Council in sixty days. Mayor Boro stated he would also like them to pursue, as part of the options, the issue of contributions, and how that plays into the building. He asked them to look at the entire funding structure for this project, as well as requirements elsewhere throughout the area. Mayor Boro suggested Council approve the recommendation of the Park & Recreation Commission to accept the conceptual plan for the renovation of Freitas Park, and in conjunction, appoint a sub -committee with Councilmembers Cohen and Phillips, to work with the community and Community Services Director over the next sixty days, to explore the financial issues that have been discussed, not only in relation to this park, but to the entire three -parcel complex throughout North San Rafael, and to play -out the Parkland Fund to see how that would work out. Councilmember Heller asked that the issue of ongoing maintenance costs also be included in this review. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution accepting the conceptual plan for the renovation of Freitas Park (amended to delete reference to authorization of the expenditure of $48,000). AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 15. REPORT ON CONSOLIDATED FIRE DISPATCH (FD) - File 9-3-31 Fire Chief Robert Marcucci reported that as an adjunct to the implementation of the Countywide radio system, there had been a discussion regarding the consolidation of dispatch services, and several options were discussed, at both the County and local levels. Chief Marcucci stated the advantage of consolidating dispatch centers was that it would initially provide savings, as radio consoles and other ancillary equipment would not have to be purchased, but more importantly, it would provide an increased level of service and efficiency. He reported they had initially discussed consolidating Police and Fire into a single dispatch center; however, the consolidation of Fire dispatch centers had proven to be both effective and efficient, especially when dealing with mutual aid in medical and fire emergencies. Chief Marcucci stated it had also been proven that when Dispatchers have fire orientation, the mutual aid seems to work much more effectively. Chief Marcucci reported that in August of this year, at the encouragement of City Manager Gould and Marin County Supervisor Steve Kinsey, a meeting was held to discuss the feasibility of consolidating both the Marin County Fire and San Rafael City Fire Department dispatch centers, since they were the entities which have true Fire dispatch centers, and also have like systems. He noted that out of that meeting came the consensus that they should jointly fund a study to determine the feasibility of consolidation. He reported Hughes, Perry & Associates were commissioned to conduct such a study, and they concluded the consolidation of dispatch centers was feasible, and in the best interest of both agencies. The study also concluded that by consolidating the dispatch centers, if they so chose, they could likely take on other Fire Departments, on a contract basis. Chief Marcucci stated site selection for such a dispatch center was given great consideration, noting they looked at the County Fire Department's SRCC MINUTES (Regular) 12/21/98 Page 10 SRCC MINUTES (Regular) 12/21/98 Page 11 Woodacre dispatch center, as well as well as San Rafael's inactive Fire Station 3. He reported it had been a joint decision that they should locate a dispatch center on Civic Center property, a decision that was also recommended by the consultant. He stated this was the most appropriate site for many reasons, foremost being the possible savings in not having to pay for an additional microwave downlink. He noted the socialization of the Dispatchers was also very important, in terms of long-term retention of the Dispatchers, explaining that by "socialization" he meant that if the Dispatchers were somehow connected to a Fire Station, and there was some interaction between the Fire Fighters and the Dispatchers, then there was more ownership on the part of the Dispatchers, and they felt they were part of the team, allowing for long-term retention. Chief Marcucci stated the County Fire Department also desired to move its headquarters from Woodacre to the Civic Center, so for that reason, this seemed a natural choice. Chief Marcucci also pointed out land was available for construction of a 2,300 square foot dispatch center adjacent to Fire Station 7. Chief Marcucci reported that upon determining that consolidation was feasible, and after selecting a site, the next step was to develop preliminary plans for a dispatch center, and to have Hannum Associates determine the cost. He stated the cost to develop and build a 2,300 square foot dispatch center would be $511,000. However, he noted there were savings in consolidating the dispatch centers, and those savings were estimated to be approximately $175,000. Chief Marcucci stated the immediate benefit to the City of San Rafael and for Marin County Fire in consolidating dispatch centers was that they increased personnel in the dispatch center from one to two. He noted that while that might not seem like very much, when there is a medical emergency or fire, and the phones are ringing while the dispatcher is trying to dispatch equipment or call for mutual aid from other jurisdictions, or during a medical emergency when the dispatcher is trying to give pre -arrival instructions to the reporting party, the second dispatcher is really an asset. Chief Marcucci acknowledged there was a fiscal impact of doing all this, noting the cost of the dispatch center would be $511,723, and there would also be relocation costs. With the savings of approximately $175,000, which Chief Marcucci believed would actually be more, the net capital cost was estimated to be approximately $400,000. He believed the capital cost could be funded through the MERA financing package, over a twenty-year period, with an interest rate of 5.00%, making the debt service approximately $36,000, and when split between County Fire and San Rafael Fire, it would be approximately $18,000. Chief Marcucci pointed out there was also an approximate $18,000 pay differential between what County Fire pays its Dispatchers and what the City pays its Dispatchers. He believed this could be handled through the Paramedic budget, especially if Measure J is passed. Chief Marcucci stated there were several alternatives to the consolidation of the dispatch centers. One was not to consolidate at all; however, the City would still accrue costs, because we would have to upgrade the City's Fire Department dispatch center. Another alternative would be to consolidate with the Police Department; however, neither of the present dispatch centers had available space; therefore, the City would need to find additional space somewhere, which Chief Marcucci believed would likely cost as much as building a new dispatch center, but we would not have the consolidated Fire dispatch aspects of it. Chief Marcucci believed that in the final analysis, the Fire Department was looking for Council to approve consolidation, and let them move ahead, based on the County of Marin's approval of their one-half share. He reported the County would discuss approval at the Board of Supervisors meeting on January 5th. Chief Marcucci noted they were also recommending the capital costs be funded through the MERA financing, sometime in January. Mayor Boro referred to the fiscal impact, noting the report states the cost would be $511,000, with cost savings of $175,000, for a net cost of approximately $400,000. He asked what represented the $175,000 cost savings? Chief Marcucci explained that currently, between County Fire and the City's Fire Department, they had five radio consoles, but if they were to consolidate, they would have three. In addition, County Fire already has a microwave, so the City would not have to purchase one. Mayor Boro referred to the fees for dispatching, listed as $135,000, in addition to $18,000 for debt servicing, and $18,000 in new salary requirements. He asked if, theoretically, the City could gain $72,000 per year in new income to the City, to offset the $36,000? Chief Marcucci SRCC MINUTES (Regular) 12/21/98 Page 11 SRCC MINUTES (Regular) 12/21/98 Page 12 explained the debt service was $36,000, shared equally between County Fire and the City. The $135,000 was an estimate if, once the City and County were up and running, other agencies wanted to come onboard with us. He pointed out those agencies were currently paying $135,000 to someone else for their dispatch service, which could accrue and reduce our debt service. Mayor Boro stated if the City was going to be a full partner, it needed to be understood on the part of the County that if we are bearing half of the cost, we are going to get half the profits. Chief Marcucci stated that was understood. Mayor Boro asked, if the City had $18,000 in debt service and $18,000 in new salary requirements, then, theoretically, the City would also be getting half of the $135,000, creating a positive cash flow if this all plays out as expected. City Manager Gould stated he foresaw savings on many levels. First, there was the sharing of the debt service to build the center; and on the other hand, there was the sharing of the savings that would accrue if they did not replicate two dispatch centers. He noted a third level would be the sharing of any revenues from other agencies that would come in, and a fourth would be the sharing of any additional costs; for example, if they added the other four Fire Districts, they would likely add a Supervisor, and the City would want to share that cost, as well. Mr. Gould stated the City was not charging the County for the use of our land, and noted we may want to negotiate with the County for the use of their CAD system, as a dividend for this consolidation project. Mr. Gould stated he saw a number of trades that should put the City in a much better position. Mayor Boro stated his concern was whether the County was currently receiving this money, because they are dispatching through the cities, noting he wanted to make certain they understood that tomorrow they might not get it all. He felt the City needed to be very "up front" with the County about this. Chief Marcucci stated there was a full understanding of that on the part of the County. Mayor Boro stated that should also be part of any agreement that comes out through the County Administrator's office. Mayor Boro asked if there was anywhere the City could "squeeze" $200,000 from, and pay it back over a period of a couple of years, rather than pay $360,000 over twenty years for the debt service? He believed the City would be way ahead if we could, and asked Assistant City Manager Ken Nordhoff to review whether there was any way we could borrow money from another fund and pay it back. Councilmember Heller stated she was in favor of the consolidation. She noted that in an emergency, even two Dispatchers sometimes might not be enough, because things happen so rapidly. She asked if, in a real emergency, would there be an ability to use the Sheriff's Department as a back-up? Chief Marcucci stated they believed that with two Dispatchers on duty, they would be able to handle almost any fire in Marin County. He pointed out San Rafael has had some horrendous fires in the past, and they had managed with just one Dispatcher, although not completely effectively; however, he noted that with two Dispatchers, it would have gone perfectly. Chief Marcucci stated there was always the option, when there is a large emergency, to bring other people, such as Firefighters, into the dispatch center, pointing out a third console would be available. Councilmember Heller asked if overtures had been made to any of the other agencies, and if they were interested? Chief Marcucci stated many other agencies were very interested in this, noting that if we build it, they will come. Ms. Heller referred to the $135,000, asking if that was the sum total of what the other agencies were paying for dispatch service, rather than the amount being paid individually by each of them? Chief Marcucci stated it was an approximate sum total of what they were paying. He noted the City and County had not yet come up with a fee for agencies that might want to contract for dispatch services, reporting the consultant felt, as did Chief Marcucci and the County representatives, that the dispatch center should be up and running with just the City and County for a year or so, to work out some of the bugs, before going out to contract services. However, he reported other Fire Departments have already been calling, and were extremely interested in coming onboard. Referring to Mayor Boro's earlier question, Assistant City Manager Ken Nordhoff reported all the City's funds were pooled for investment purposes, and were currently earning an approximate 6.00% rate of return; therefore, if he were to borrow money from another fund, it would be appropriate to borrow at that current 6.00% rate of return. He stated this investment would actually be cheaper, using the MERA approach, because of the bond financing. Mr. Nordhoff noted there was approximately $500,000 of General Fund monies left from last year, for which Council had not designated a use. Mayor Boro stated he had not been thinking of those types of funds, SRCC MINUTES (Regular) 12/21/98 Page 12 SRCC MINUTES (Regular) 12/21/98 Page 13 he wondered whether there were any reserve funds we might borrow from and then pay back. He acknowledged the City was earning a higher rate of interest; however, he noted that was if the City took twenty years to pay it back, and he wondered if we might find a way to pay it back in three to five years. Mr. Nordhoff stated he would work with Chief Marcucci and the City Manager to review this, and inform the Council if they discover additional funding sources. City Manager Gould stated the reason staff needed Council's direction at this time was because they had to inform the bond financing team whether to size this into the bond issue, as part of San Rafael's share, or to leave it out. He noted that because they were now on a fast track, and would be bringing Council the City's portion of the Countywide Emergency Radio System at the next City Council meeting, they needed to inform them as soon as possible, noting they had stated they would like to know by the first week in January. Mr. Gould stated the latest staff could string this issue out would be to the next City Council meeting, which was to be held on January 4th. Mayor Boro asked, in the process of structuring the bond issue, if the City wanted to retire the bond debt early, was there was a way that we could do that? Mr. Gould stated there was. Mayor Boro stated that would be another option, noting Mr. Nordhoff might find something six months from now that would allow us to do this. Mayor Boro stated he did not want to tie this up, he was only looking for a way to try to save the City some money. City Manager Gould asked Council to allow staff to do the analysis and report the result at the next City Council meeting, and if it shows that we can accomplish the financing more economically without the MERA approach, that is what staff will recommend; otherwise, he will size it into the bond issue and notify the underwriters accordingly. Mayor Boro concurred. Mayor Boro referred to the recommendation contained in the staff report, suggesting a slight change in wording, to read, ".....upon County approval of a full and equal cost/profit sharing concept between the City of San Rafael and the County of Marin...". He stated he wanted the County of Marin to know the City was going into this 100%, and that any costs we incur, they cover, and any costs they incur, we cover, and the profits we share equally. Councilmember Phillips asked, operationally, if the City would be operating the dispatch center, or would the County, and who would be in charge if something goes wrong? Chief Marcucci stated that for the first year it would be a joint effort between himself and the Assistant Chief of the Marin County Fire Department. He explained it would be somewhat loose, from the respect that there would not be just one person in charge. Chief Marcucci felt, in working through the process, that this was only going to be successful because there was trust between himself and the County Fire Department about doing it. He believed that for the first year, as they work through it, he needs to be involved, as does County Fire need to be involved; therefore, the day-to-day management will be part of his responsibility, as well as County Fire's. He stated that at the end of the year, they would have to make a decision as how best to deal with that issue. Mr. Phillips asked if, at the end of the first year, the responsibility would shift to either the City or to the County? Chief Marcucci stated it would, or come through some type of JPA or contract of some sort. Mr. Phillips clarified that during the first year they would be getting the center up and running, so the responsibility could be assumed by someone, noting he felt there should be someone designated as being primarily responsible. Chief Marcucci noted San Rafael's City Manager and the County Administrator would come in and make a decision if there was any difficulty; however, he did not anticipate that happening. Councilmember Phillips referred to the compensation, noting San Rafael would be increasing its Dispatcher costs by $6,000, and asked if that threw anything out of sync with regard to the salary structure, and if this was something Council should be concerned about? Chief Marcucci stated the City could not have Dispatchers working in a dispatch center, doing equal work, but making different pay; therefore, while the Fire Department was not thrilled about increasing the pay, they did not see any other way of handling that issue. He noted in other dispatch centers they looked at, where there was a differential in pay between people doing the same work, those dispatch centers were not very effective. He stated that when you pay the Dispatchers equal pay for equal work, the system works much better. Councilmember Phillips stated he understood that, from a personnel standpoint, but noted he was concerned beyond that, and whether there would be a ripple effect that might be of concern. Assistant City Manager Nordhoff stated that when they look at compensation for the Firefighter Association, they do not survey Dispatchers, they survey Firefighters, Engineers, and Captains, noting they have compensated those classifications SRCC MINUTES (Regular) 12/21/98 Page 13 SRCC MINUTES (Regular) 12/21/98 Page 14 based upon the goals Council established in the current three-year contract. Therefore, there would be no implications to those positions, relative to increasing the pay for the Dispatchers. Councilmember Phillips asked, therefore, if the Union was buying -off on this change? Mr. Nordhoff stated he would have to defer to Chief Marcucci; however, he assumed this had already been discussed with the Union. Mayor Boro asked if this had been discussed with the Firefighters Association? Chief Marcucci stated he has had conversations with the Firefighters Association, and given copies of the report to the City's Dispatchers, noting he had found noting but enthusiasm on the part of the Dispatchers, not only because of the pay, but because there was going to be a full dispatch center, with two Dispatchers, providing a higher level of service, with less stress. Mayor Boro stated he had no problem with the concept of what the Fire Chief was attempting to do, and applauded him for it; however, he was worried about the cost, and also the City's control. Regarding our existing Dispatchers, Mayor Boro asked what the relationship was between their pay scale and that of a Firefighter? Chief Marcucci stated it was less than our Firefighters'. Mayor Boro stated he believed that was the question Councilmember Phillips had been concerned about, and it appeared as though the City would not be causing a ripple effect through the rest of the Fire Department because of reference to this one classification. Mayor Boro asked for further clarification about how this was going to be run in the future, noting as he saw it, the City and County were collectively investing time, people, and location, to run something jointly; however, at some point in time, there would have to be "somebody in charge". He felt the City would always want the ability to be able to step in if we did not feel our interests were being met, and asked how we could assure ourselves of that? Chief Marcucci acknowledged that fear was also shared by County Fire, and he believed that during the first year they would have to come together to develop trust, and find a way to do this. He noted it could be that one year the County operates it, and the next year the City operates it, or it could be that eventually they would have a supervisor who reports to a committee, made up of Chief Marcucci the County Fire Chief, and perhaps the Assistant City Manager and someone from the County Administrator's Office, who would make policy decisions. Chief Marcucci stated he certainly was not going to give up anything that San Rafael has, and his interest was to make San Rafael better, not to make a change that would be a detriment to it. He pointed out the bottom line was that if it did not workout, the City could always pull out. Councilmember Miller moved and Councilmember Phillips seconded, to approve the proposed consolidation, contingent upon County approval of a full and equal cost/profit sharing concept between the City of San Rafael and the County of Marin, and also that the capital costs be included in the MERA financing in January. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen City Clerk Leoncini asked Council to refer back to Agenda Item #14, noting Community Services Director McCart had pointed out the Resolution for that item would have to be adopted "As Amended", to delete from the Resolution the reference to the amount of $48,000. Mayor Boro concurred, noting it had been Council's intention to endorse the concept, but to leave the financing, and ask staff to report back to Council concerning that issue. MONTHLY REPORT: 16. CITY MANAGER'S REPORT (CM) - File 9-3-11 No report was given. COUNCILMEMBER REPORTS: 17. RECOGNITION OF CITY STAFF - File 102 Councilmember Heller noted that during the year Mayor Boro is usually very eloquent in thanking staff for everything they do, and she asked for a moment to take the opportunity to personally thank staff for everything they do, and for the exceptional service given Council in 1998. SRCC MINUTES (Regular) 12/21/98 Page 14 SRCC MINUTES (Regular) 12/21/98 Page 15 There being no further business, the City Council meeting was adjourned at 9:25 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1998 MAYOR OF THE CITY OF SAN RAFAEL IN THE COUNCIL CHAMBER, CITY OF SAN RAFAEL, TUESDAY, JANUARY 20, 1998 AT 7:45 PM Regular Meeting: Present: Gary Phillips, Vice - Chairman San Rafael Redevelopment Agency: Paul M. Cohen, Member Barbara Heller, Member Cyr N. Miller, Member Absent: Albert J. Boro, Chairman Also Present: Rod Gould, Executive Director Gary T. Ragghianti, Agency Attorney Patricia J. Roberts, Deputy Agency Secretary OPEN SESSION - 7:00 PM Vice -Chairman Phillips announced Closed Session item. CLOSED SESSION - 7:00 PM • Legal proceedings to which the Agency is a party (Government Code Section 54956.9(a)). San Rafael Redevelopment Agency v. Maurice John Poimoroo, et al., Marin Superior Court Case No. 169592 (APN 013-012-04, 013-012-16; 700 "A" Street). Agency Attorney Ragghianti announced no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 7:45 PM None. CONSENT CALENDAR Member Cohen moved and Member Heller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting of Approved as submitted. Monday, January 5, 1998 (AS) 2. Monthly Investment Report (Admin. Svcs.) Accepted report. - File R-123 3. Second, Third & "A" Streets Underground Utility RESOLUTION NO. 98-4 - SRCC MINUTES (Regular) 12/21/98 Page 15 4. SRRA MINUTES (Regular) 1/20/98 Page 16 District - Resolution to Rescind Resolution RESOLUTION TO RESCIND 98-1 (PW) - File R-360 x R-318 x (SRCC) 12-18-13 RESOLUTION 98-1. Resolution Authorizing Assistant Executive Director RESOLUTION NO. 98-5 - (Public Works) to Amend the Existing Agreement RESOLUTION AUTHORIZING with Harris & Associates to Extend Design and THE ASSISTANT EXECUTIVE Construction Services, Extend Contract Time, DIRECTOR (PUBLIC WORKS) and Increase Compensation an Additional $145,773 TO AMEND THE EXISTING for a Total Amount not to Exceed $394,918 (PW) AGREEMENT WITH HARRIS - File R-360 x R-318 x (SRCC) 12-18-13 ASSOCIATES TO EXTEND DESIGN AND CONSTRUCTION SERVICES, EXTEND CONTRACT TIME, AND INCREASE COMPENSATION AN ADDITIONAL $145,773 FOR A TOTAL AMOUNT NOT TO EXCEED $394,918 FOR THE PROJECT ENTITLED "SECOND, THIRD, & "A" STREETS UNDERGROUND UTILITY DISTRICT IMPROVEMENTS". AYES: MEMBERS: Cohen, Heller, Miller, & Vice -Chairman Phillips NOES: MEMBERS: None ABSENT: MEMBERS: Chairman Boro AGENCY CONSIDERATION: 5. APPROVAL OF AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT FOR RAFAEL THEATER (RA) - File R-324 Economic Development Director Jake Ours noted staff has worked very hard to put together a package that would be acceptable to the Agency, the Film Institute, and to the financial community. He stated this has been accomplished through some very sound, creative financing, reporting the Bank of Marin is going to loan the money to complete the package, Hensel Phelps Construction Company is going to build the building and guarantee the loan, and the Film Institute is moving forward with their plan. Mr. Ours noted the basic position of the Redevelopment Agency is unchanged, pointing out we still have the same securities we had before, and this is merely substituting a loan for what would have been the fund raising. He noted it would take approximately seven years to repay the loan. Mr. Ours stated the Agency has been assured the facility will be used as a theater, noting the main goal of the Agency is to get the theater up and running, and this agreement will allow that to happen very quickly. He stated construction could begin as soon as February 2nd. Mr. Ours pointed out the report stated they still needed to raise $3 million; however, funds have come in which have reduced the actual amount to $2.3 million. Ann Brebner, Film Institute of Northern California representative, stated this was a wonderful package, pointing out a lot of people had helped to put it together. Ms. Brebner noted the Sunday New York Times recently contained an article which reported the Brooklyn Academy of Music, one of the largest cultural institutions in New York, is going to install a $25 million movie theater and cafe, and will be showing independent films. Ms. Brebner noted the article described the project as the "left bank" of New York City; however, she pointed out San Rafael was way ahead, noting we had begun such a project long ago. Ms. Brebner thanked the Redevelopment Agency and the City of San Rafael for all their help and support. She stated public support and fundraising was a large part of this project, and noted the Film Institute still needs to raise $2.3 million. Vice -Chairman Phillips stated the City, as a whole, would certainly benefit from this project, and he looked forward to seeing the Rafael Theater in full bloom. Member Cohen stated he had always felt the interests of the Agency and the community would be served by acquiring this building and turning it over to the Film Institute, as long as the Agency had the assurance that it would be operated as a theater for twenty to twenty-five years, and anything SRRA MINUTES (Regular) 1/20/98 Page 16 SRRA MINUTES (Regular) 1/20/98 Page 17 beyond that would be a bonus. He noted that if it does operate as a theater for anything approaching that length of time, then the small investment we made in acquiring the property through the actions of the Redevelopment Agency would be repaid many times over. He stated this had been his only concern in all the discussions related to financing proposals; however, he understood from the staff report that regardless of what might happen, that restriction would pass on and remain in place, and any changes would have to meet with the approval of the Redevelopment Agency. Mr. Ours stated this was correct, noting the Agency may actually be in a little stronger position, because we now have Pacific Theaters as an Optionee, and if something should go wrong, they would have the option to step in and purchase the theater. Member Cohen stated he had full confidence in the Film Institute, and their ability to operate the theater once the fundraising is done and the theater is completed, and he did not intend to raise any doubts of that; however, he pointed out that when we made the decision to invest money in the acquisition of the property, our assurance to the community was that they would get a theater for a long time to come, noting that was what we need to protect. Mr. Cohen stated he was confident this agreement would accomplish that, noting he would be delighted to attend another ceremony kicking off the second phase of construction, and he looked forward to attending the Grand Opening, as well. Member Cohen moved and Member Miller seconded, to adopt a Resolution approving the amendment to the Disposition and Development Agreement. RESOLUTION NO. 98-6 -RESOLUTION APPROVING EXECUTION AND IMPLEMENTATION OF A FIRST AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE SAN RAFAEL REDEVELOPMENT AGENCY AND THE FILM INSTITUTE OF NORTHERN CALIFORNIA. AYES: MEMBERS: Cohen, Heller, Miller & Vice -Chairman Phillips NOES: MEMBERS: None ABSENT: MEMBERS: Chairman Boro There being no further business to come before the Redevelopment Agency, the meeting was adjourned at 7:55 PM. JEANNE M. LEONCINI, Agency Secretary SRRA MINUTES (Regular) 1/20/98 Page 17