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HomeMy WebLinkAboutCC Minutes 2000-10-02SRCC Minutes (Regular) 10/02/2000 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY. OCTOBER 2. 2000 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Vice -Mayor Paul M. Cohen, Councilmember Gary 0. Phillips, Councilmember Cyr Miller, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - COUNCIL CHAMBER - 7:00 PM: Mayor Boro announced the Closed Session items. CLOSED SESSION - CONFERENCE ROOM 201 - 7:10 PM: a) Conference with Labor Negotiator (Government Code Section. 54957.6 (a)) Negotiator's Name: Daryl Chandler Employee Organization: Child Care b) Conference with Legal Counsel — Existing Litigation (Government Code Section 54956.9(a)) 1) Case name: Carole Kearn vs. City of San Rafael WCAB No.: Unassigned 2) Case name: Gayle O'Hara vs. City of San Rafael WCAB No. SFO 0406115, SFO 0434977 and Unassigned City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 P.M. RE: RENT CONTROL/GENTRIFICATION - File 13-16 x 100 Mr. Coleman Persily, San Rafael resident, stated that rents for apartments were going up beyond expectations. Unjust evictions abound and affordable housing is quite limited. He stated this housing problem needs solutions and asked that the subject be put on a future agenda to perhaps find a way to remedy the situation. Ms. Dorothy Vesecky, 400 Canal St., San Rafael seconded what Mr. Persily stated, adding that the situation in her neighborhood and other parts of San Rafael is at a crisis level. People are routinely getting $350 per month increases with a 30 -day notice, for apartments that have not had one iota of change or improvement from one month to the next. They are looking at unbounded greed. One additional suggestion was rather than having this put on a future agenda there be a well-publicized community meeting on this issue. She suggested that in the publicity for this meeting all occupants of rental homes should be notified by mail, in three languages, including a simple questionnaire to gauge the extent of the problem, i.e. list the amount of rent they were paying 5 years ago, 2 years ago, 1 year ago and what they pay currently, with any additional comments. All income property owners should be invited and Ms. Vesecky insisted that every person living in a rental housing unit in this city be informed in the mail, to enable them to come forward to express their views and problems in this area. Mr. Sam DiGiacomo, Co -Chair, Tenants Association of Marin stated that in 1981 TAM (Tenants Association of Marin) put Rent Control on a ballot, and suggested that tonight San Rafael needs to do it again. He stated that when any City Council allows rents to increase at rates they are increasing today, in a neighborhood like the Canal area, the results are: over -crowding, decreased parking spaces, gridlock traffic and most likely, increased crime. In 1981 they warned that City Council this would happen and unfortunately, today this City Council has that very same situation. He reported past City Councils did nothing to prevent this from happening but this City Council has the opportunity to do the right thing, and requested that this matter be considered urgent and put on a City Council Agenda as soon as possible. Mr. John Ortega distributed graphics to the Council and brought to their attention the Change of Terms of Tenancy given to his wife last week - $350 per month, which he stated they cannot afford right now. He referred to the second page and commented on some of the activity going on in the gentrification in San Francisco and what is happening to small business, non -profits, etc. He referred to an Examiner article regarding soaring winter heat bills, and other newspaper articles supporting the claim that people cannot afford to live in Marin. He reported that apparently, this is the only County in California that is losing SRCC Minutes (Regular) 10/02/2000 Page 1 SRCC Minutes (Regular) 10/02/2000 Page 2 Latinos. He stated that he had lived here for 10 years and had pumped in over $100,000. His suggestion was to get together with vested interests, including real estate people etc. to talk about this problem. Mayor Boro requested City Manager Gould to provide a forum, where he might meet with some of the people present this evening, as well as some others representing property owners, to allow for dialogue, and present options to the Council by the second meeting in November (11/20/00). CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Cohen seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special and Regular Meetings Minutes approved as submitted. of Monday, September 18, 2000 (CC) Monthly Investment Report for Month Ending August, Accepted Monthly Investment Report for 2000 (MS) — File 8-18 x 8-9 Month Ending August, 2000, as presented. 4. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1756 —AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), TO AMEND SECTION 14.03.030 (DEFINITIONS) TO REVISE THE DEFINITIONS FOR DWELLING UNIT AND KITCHEN AND TO ADD A DEFINITION FOR HOUSEHOLD, AND TO ADD SECTION 1.40.070 ESTABLISHING REMEDIES FOR REPEAT ZONING VIOLATIONS INVOLVING SECOND DWELLING UNITS (CD) — File 10-3 x 13-8 x 240 SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1757 —AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (CITY OF SAN RAFAEL ZONING ORDINANCE), BY AMENDING SECTION 14.05.010 (SPECIFIC PURPOSE) AND SECTION 14.05.022 (LAND USE REGULATIONS 4SRC, CSMU, HO, 2/3 MUE, 2/3 MUW, WEV, 5/M R/O) TO EXPAND RETAIL USES IN THE HETHERTON OFFICE DISTRICT (ZCO-9) (CD) — File115(2000) x 10-3 6. Resolution Approving Use of CLETEP Funds in the Amount of $65,000 for the Purchase of Eight Vehicle -Mounted Computers and a TRAK System (PD) — File 4-2-304 8. Resolution Authorizing the City Manager to Sign a Construction Grant Agreement for Development of the San Francisco Bay Trail at San Rafael Bay Frontage Along Shoreline Park (P97-4) (PW) — FiIP 4-3-378 Approved final adoption of Ordinance No. 1756. Approved final adoption of Ordinance No. 1757. RESOLUTION NO. 10714 — RESOLUTION APPROVING USE OF CLETEP FUNDS IN THE AMOUNT OF $65,000 FOR THE PURCHASE OF EIGHT VEHICLE -MOUNTED COMPUTERS AND A TRAK SYSTEM (FOR POLICE DEPARTMENT) RESOLUTION NO. 10715 - RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A CONSTRUCTION GRANT AGREEMENT FOR THE DEVELOPMENT OF THE SAN FRANCISCO BAY TRAIL AT SAN RAFAEL BAY FRONTAGE ALONG SHORELINE PARK (P97-4) SRCC Minutes (Regular) 10/02/2000 Page 2 9. Resolution Accepting a Grant of an Easement for Construction and Maintenance of Storm Drain from John B. Arruda and Ida Arruda, at 14 Willow A & B, San Rafael, and Authorizing the Mayor to Execute the Certificate of Acceptance (PW) — File 2-4-25 10. Resolution Authorizing Execution of a Lease for City Corporation Yard (RA) — File 2-9-23 x 12-4 SRCC Minutes (Regular) 10/02/2000 Page 3 RESOLUTION NO. 10716 - RESOLUTION ACCEPTING A GRANT OF AN EASEMENT FROM JOHN B. ARRUDA AND IDA ARRUDA FOR THE CONSTRUCTION AND MAINTENANCE OF STORM DRAIN FACILITIES, AT 14 WILLOW A & B, SAN RAFAEL, AND AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATE OF ACCEPTANCE RESOLUTION NO. 10717 - RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LEASE WITH EAST SAN RAFAEL LAND COMPANY, LLC, FOR PROPERTY LOCATED AT 2350 KERNER BOULEVARD FOR USE AS THE CITY'S CORPORATION YARD AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips Et Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Miller (from item #2 only due to absence from meeting) The following item was removed from the Consent Calendar for further discussion, at the request of Councilmember Miller. 7. RESOLUTION AUTHORIZING THE CITY COUNCIL TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH AMPHION ENVIRONMENTAL, INC. FOR PLANNING AND DESIGN SERVICES RELATED TO THE MEDWAY/CANAL COMMUNITY PLANNING AND DESIGN PROJECT (PW) — File 4-3-379 Councilmember Miller complimented Richard Landis, Public Works Office Supervisor, who is the project director, stating he has done an outstanding job in getting this together so that the first grant is one to engage the people in determining the way they want this to work, even to the point of the decision making of the grantee, which was done with community input. Mr. Miller noted the Lee family was brought in as part of that process, so that everyone who has a major concern has an active voice. Councilmember Miller thanked Richard Landis, Stephanie Lovette and David Donery at Pickleweed Community Center. Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 10718 - A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH AMPHION ENVIRONMENTAL, INC. FOR PLANNING AND DESIGN SERVICES RELATED TO THE MEDWAY/CANAL COMMUNITY PLANNING AND DESIGN PROJECT (1 YEAR AGREEMENT FROM 10/2/2000 AND ENDING 10/11/2001) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCIL CONSIDERATION OLD BUSINESS: Cohen, Heller, Miller, Phillips Ft Mayor Boro None None 11. RESOLUTION ADOPTING AMENDMENTS TO THE 2000-01 BUDGET (MS) — File 8-5 City Manager Rod Gould , reported that in July, 2000, the Council approved an agreement with Wilson/Equity Office and Fair, Isaac, to transfer the development rights from Fair, Isaac on the Lindaro office campus site to Wilson/Equity Office in exchange for certain assurances, financial benefits and additional public benefits. The first assurance was that if this transaction were consummated Wilson/Equity Office would begin immediately to build the first phase of this project, SRCC Minutes (Regular) 10/02/2000 Page 3 SRCC Minutes (Regular) 10/02/2000 Page 4 restarting the project which has been stalled for over a year. Mr. Gould stated he was happy to report that the deal was consummated last Wednesday and construction began on Saturday. Pile driving will occur through Thursday of this week and construction will begin on the first phase of the project. The agreement that the Council approved authorized the City's receipt of : • $2 -million in a so called separation fee, in order to relieve Fair, Isaac of the obligation to build and occupy the first phase of the development. • A $1.3 -million philantrophic gift from Fair, Isaac, Inc. for capital projects that were consistent with the company's aims and were in and around the downtown • $250,000 contribution to the restoration of the Mahon Creek • $150,000 contribution to the water feature at the proposed Court Street Plaza. In addition, Wilson/ Equity Office promised to make parking available to the public on a temporary basis while the project was being built and then, on a permanent basis in the evenings and on weekends, once the first phase was up and occupied. Beyond that, Wilson/ Equity Office promised to build a one acre public park at the southern end of the campus, adjacent to Mahon Creek, at private expense, which would be maintained privately for public use, as well as the conference room facilities which were originally envisioned as part of the Fair, Isaac project. In addition, Wilson/ Equity Office not only committed to prepare the transportation system's management plan, similar to what Fair, Isaac had proposed, but to go a step further and indicate that if the City were to implement a downtown shuttle system, they would pay for it in proportion to the degree that its employees would use it, so it made a major financial contribution on an ongoing basis to a proposed shuttle in the downtown. Since that time, Wilson/ Equity has brought the proposed very small changes through the Design Review Board and the Planning Commission and received their approvals; they prepared the transportation system's management plan and submitted it to the staff, as well as the park regulations for the new park. They have met all of the requirements under the agreement and as of Wednesday, $3.3 -million was received and the remaining $400,000, $250,000 for Mahon Creek and $150,000 for the water feature, will be received by October 16t", prior to issuance of a building permit. Mr. Gould also reported discussions were had with Fair, Isaac regarding the nature of their gift and where the company would like to see those monies applied, and Fair, Isaac has indicated that their first priority would be to become the major contributor to the proposed Court Street Plaza, and would like to see a large portion of their gift applied to that project. If that were the case it is thought that the combination of their contribution with the monies already contributed from Schafer, for the Rafael Town Center, as well as the monies that will also be received from Wilson/Equity Office for the water feature, will fully fund this project with private contributions. Beyond that, Fair, Isaac has stated they were very interested in the Pickleweed Park Community Center expansion and they understood the project was at least a year or so away, but have indicated they would like to see the remaining funds from their contribution applied to that project. Mr. Gould stated he would like to honor that request if it pleases the Council. Mr. Gould stated that these funds which are available now in the fund balance, as well as others that Ken Nordhoff, Assistant City Manager would describe, represent a significant opportunity to the City of San Rafael to meet some of the unfunded capital needs identified over the years as pressing community needs. Staff recommended that Council make funding decisions this evening focused on those projects that the Council is already committed to, but where sufficient funds were not in hand to go out to bid, and proceed, Mr. Nordhoff would track those projects. Mr. Gould reported receiving a number of requests from the community for additional funding, but would like to hold off presenting these to the Council until all of the neighborhoods and interested organizations have been surveyed with regard to the best use of these funds. He suggested deferring some of the allocation decisions until the next two-year budget, because it is planned to go out again next Spring and hold a number of community meetings seeking input from residents and business people of San Rafael, regarding where additional resources and energy should be applied, to further improve the city. Assistant City Manager Nordhoff summarized Mr. Gould `s comments on negotiations between Fair, Isaac and Wilson/Equity Office, which took place last July. He stated that last July 3rd when the Council amended the 2000/2001 budget, waiting several months to close the books on the prior fiscal year was discussed and also there were a number of bills in the legislature in Sacramento which SRCC Minutes (Regular) 10/02/2000 Page 4 SRCC Minutes (Regular) 10/02/2000 Page 5 could have had some impact, positively or negatively, on the City. Therefore, it was felt it was better to hold out for these big discussion items until this time. That has been the impetus for putting the report together. Schedule 1 refers to the one time resources that are available: in addition to the separation of what is called Transaction Fee as well as the gift from Fair, Isaac, about $293,000 is listed as remaining monies once the books have been closed in the General Fund from the prior fiscal year, 1999/2000. Also the legislature this year carved out $200 -million Statewide to be divided up between counties and cities and other agencies, and a formula has been put into place which is worth $197,000 and change for San Rafael. The total available one time resources are just short of $3.8 -million. This is identified on Schedule 1 and excludes the Mahon Creek money, as well as Court Street Plaza, coming from Wilson/Equity. Schedule II is the heart of the report and to assist tracking through this, the report has been put into categories. Clustered together are a series of projects at the top, which are identified as being held over or planned, or under consideration. These are items discussed through various community meetings or other budget processes. There are also priorities identified by the Council to be taken care of in the two-year budget cycle. a) Parkside Childcare Facility: There is an estimate of $2,275,000, which includes the construction costs as well as the landscaping. $1,550,000 worth of bonds has been committed to date. b) Pickleweed Community Center Expansion: The Pickleweed Advisory Board has worked with the community and developed a list of priorities. $1.5 -million has been set aside to date, which comes from $1 -million worth of Redevelopment bonds, through a previous action, as well as committing $250,000 in each of the next two fiscal years of community development block grant money. It is proposed in the Staff Report that Fair, Isaac wishes to fund this project; they would like to contribute $700,000 of their $1.3 -million towards this project. To the extent they can do that the Schedule reflects that the monies committed currently to the Pickleweed Community Center through the bonds, can be freed up and applied to the Parkside Childcare Center. That action is consistent with the bonds issued in 1999, and reflects an appropriate use of those funds. It is required that those bond monies are spent in a fairly expeditious manner and the Childcare facility should be ready for final bid by the next Council meeting. The only shortcoming there is about $25,000 which is being sought from the one time sources of funds from the City. Mr. Nordhoff stated they would have to come back as a separate action in January when the Redevelopment budget is reviewed, codifying as the Redevelopment Agency this change in bond funds. c) Court Street Plaza: City Manager Gould had mentioned that Fair, Isaac would like to be a major contributor to the Court Street Plaza. A holding figure of $900,000 is contained in the Schedule. There has been a Study Session on this and there will be another in November, which will give some more detailed information regarding the design and the estimated cost. $150,000 is also coming from both Wilson/ Equity Office and Schafer, so with Fair, Isaac's contribution of $600,000 there would be a total of $900,000 available for the Plaza, all privately funded. d) BRC system replacements: Information Technology needs have been discussed for the last couple of years. A plan was approved in 1997 and amended in 1999. $1,525,000 worth of needs were identified to replace the city's three major systems: Police, Fire, and Finance. Almost $900,000 of that has been funded to date through various actions. The remaining balance of $628,000 is being sought. e) Chamber Upgrade: Improving the facilities in the Council Chambers is really intended to provide some value added service. For members of the public who come to meetings it is very difficult using the current low technology presently available, to really present things in an efficient way. An additional $85,000, making a total of $120,000 for the project, would complete that project. f) Shuttle Study: Seeking funds of $30,000 being the estimated cost. g) Fire Station #1 Office Roof Replacement: There is a leaking problem in this building which needs to be taken care of before the rainy season — a maintenance item costing $25,000. h) Library Expansion/Renovation Study: At the last Council meeting there was a fairly lengthy presentation regarding the Library survey. One of the items recommended was a commitment of $20,000 for some conceptual design work with respect to either renovation of this facility across the parking lot or a possible annex. This recommendation is in the report. i) Update to Community Survey: About a year and a half ago a comprehensive survey was carried out of voters in the community, and Mr. Nordhoff recommended that the baseline information be used to update that survey as part of the budget process, at a cost of $20,000. Shoreline Park Improvements: Matching Grant of $20,000 — funds need to be committed to do that SRCC Minutes (Regular) 10/02/2000 Page 5 SRCC Minutes (Regular) 10/02/2000 Page 6 Mr. Nordhoff stated these items were discussed in the past and it is recommended all the items be funded on schedule II. New Projects — State Grants and Other Sources — Assistant City Manager Nordhoff reported there are some new sources of funds coming from the State (second grouping on Schedule II). The State, under AB 2928, provided a distribution formula for funding street Improvements; it actually goes on for several years, but the biggest bang occurs this fiscal year. There will be $398,000 to add to the Street Improvement Program for the next year's activities. Also, the State provided one time technology grants, called the CLEEP State Tech Grant, and it is requested that this be committed to a project currently under development, i.e. the renovation of the Dispatch Center, including some new work stations. Those monies are limited to technology improvements; there are new computer systems coming, as well as radio systems, so the facilities will be prepared to deal with that. The third grouping on Schedule II, reported Mr. Nordhoff, are some projects that have been discussed in the past but are not ready at this point, not having matured enough to seek additional funding. These are items which will probably come up again at some point in time. a) Downtown Parking, not just the garage, but possibly parking at other locations: There are two items listed - $3 -million worth of bonds has been committed to this point. Again, there will be a Study Session in November following up on last week, focusing on options and costs and hopefully, moving this process forward. No additional funding is being sought at this time. b) Vehicle Replacement Fund: The City completed a Vehicle Management Study in the spring, working with a Fleet Advisory Board internally. Mr. Nordhoff stated he would like to come back to the Council in the budget process next year to talk about the size of the fleet, what level of funding may be needed to make that whole and what it will take to keep that fund fully in place. c) Albert Park Lane: Estimated cost of $300,000 — funding will be sought at a later date. There are some ideas; however, they are not yet ready to be recommended. The last group of items on Schedule II: Mr. Nordhoff reported the first four are issues which have arisen through the VIA Committee. A letter is attached to the Staff Report, and helps to prioritize some of the concerns. The unfunded improvements were discussed at the Special Study Session this evening, as well as additional improvements for medians at Freitas Park, the Promenade design, which was an important issue in the Vision document for North San Rafael, and also restoring the monies committed for the pool for Phase 1. In the budget process there was a commitment to use up essentially the balance of the Parkland Dedication Funds for North San Rafael and this request is asking that these monies be put back into place. There are some maintenance issues regarding the Community Center on B Street with respect to lighting, air-conditioning and heating. A request was also received from the users of the Dog Park adjacent to Fire Station #7, seeking to do some landscaping and other improvements. Staff felt at this time there are no recommendations with respect to funding. Mr. Nordhoff stated that as outlined in Schedule II on this onetime list a commitment is being sought for $2.1 -million worth of items. There are about $3.8 -million worth of resources which would leave a balance to carry forward for future consideration, if the Council chooses to accept the items as listed, of $1,636,000. Schedule III: Assistant City Manager Nordhoff stated that one of the bills the Council has read about and been following is the Excess ERAF Bill, which was sponsored by Senator Burton and signed by the Governor last week. Mr. Nordhoff stated he picked a mid range number, according to the schedule and the report (it is not clear yet and won't really be clear until next June when the County runs through the calculations), which conservatively should return $253,000 of taxes on a permanent basis. Mr. Nordhoff suggested three uses of these funds at this time: • Transportation Planning Position - Approved • A new item has been added here is because of a fairly extensive $35 -million Capital Project load for the Engineering Division in Public Works. Many of these projects are time sensitive and need to be completed. It is suggested that an additional Engineering position be funded for a period of three years. This would not be a permanent position and would be evaluated in the next budget process. It would really be a function of whether or not the strong level of activity could be continued. This extra person would be overseeing many of the capital projects. • This year the State has decided that our share of funding to LAFCO needs to be paid, which is estimated to be $33,000. SRCC Minutes (Regular) 10/02/2000 Page 6 SRCC Minutes (Regular) 10/02/2000 Page 7 Of the $253,000 of ongoing resources available, Assistant City Manager Nordhoff asked the Council to commit $202,000, leaving a balance of about $50,000. Mr. Nordhoff concluded by saying that this was put together in a comprehensive way. By adding up all the items Staff has proposed, the estimated revenues, which are included in the Staff Report, increase by $4,308,000, with total proposed expenditure adjustments to the budget of $2,516,000. Mayor Boro invited questions from the Council. Councilmember Cohen inquired re the ERAF issue — conservatively $250,000 and Staff is recommending $200,000 be allocated. Mr. Cohen stated he noticed from the range given in the letter from Richard Earl, the $253,000 is in the middle of that range; the low end being $180,000, which would be short of the recommended ongoing commitments, and asked if Staff feels confident about this. Mr. Nordhoff stated that he thinks the number is going to be between the $7 -million and $9 -million range, so his comments were based on ending up on the low end of that even though the full range has been put together. Mayor Boro invited questions from the audience Nancy McCarthy, President of Marin United Taxpayers Association, which she noted has 1,400 members, stated her phone was ringing off the hook with calls from many of those members, all of whom were from the City of San Rafael, having seen the two articles in the newspaper today regarding this meeting to spend the windfall $4 -million. She stated San Rafael needs more space, discussing the parking problems in the City. She noted she works and parks in the City of San Rafael and the concern of her membership and Council constituents, is the fact that there seems to be two pockets: one spent on things like infrastructure, money which needs to be spent, and another where some sort of fund money is being used to build fountains. As a result of the actions of the Redevelopment Agency there is a serious parking problem. She stated that two years ago she attended the League of Women Voters meeting where a person from the Redevelopment Agency spoke about how wonderful all this was going to be. At that meeting she asked what was going to be done about parking and got the reply that there was plenty of parking and there always would be. She disagreed, stating that the Council is going to potentially spend $7.3 - million for a garage, taking $4 -million, which the Council considers a windfall, not putting that money into dealing with the kinds of things that need to now be taken care of, because of the redevelopment, but instead spend that on making fountains, which doesn't help a lot of homeowners or taxpayers. She stated possibly, the Redevelopment Agency is not only harming this City but, apparently, after hearing everyone coming in and speaking about the rents, the only people who really seem to be doing well from this are the developers and the landlords. Ms. McCarthy commented that she does not think a lot of people want Walnut Creek, which is what is happening here; getting fountains, getting developers to come in, and instead of them paying for the new parking structure, they are picking and choosing what they want to do, whether they want to give to a Community Center or a fountain. The cash should have been given ($4 -million) to use towards building a parking structure, instead of talking about bonds. She stated a year ago her organization became very active in the San Pedro Road situation, which the Council was supporting. In that proposal an engineer talked about floating an $80 -million bond to deal with the deteriorating infrastructure in San Rafael. She asked where that money was coming from and why that was not being talked about instead of fountains, stating that the Redevelopment Agency was killing the taxpayers and this growth was not helping most of the people in this community. In fact, she stated, MUTA has now taken a very strong position against growth in this county because everyone was looking for the quick buck and no one was considering the fact that there is an infrastructure that cannot handle all of these people. Ms. McCarthy stated this redevelopment is hurting a lot of people, homeowners, low income people, poor people, people in the canal, people who own small businesses, the people who have been constituents for 50 years. The people who belong to MUTA are not people who just came here, rather people who have been here for three and four generations. The people who were here tonight may be more newcomers, but they are suffering also. She strongly suggested that the Council consider forgetting about the fountain, already having wasted $1.3 -million on the millennium debacle, stating it was not fair to try to make it look like it has been recouped by getting Fair, Isaac, or someone else to pay for that. That money is never going to be returned, it is lost for the City, as a result of bad planning and potentially illegal conduct. She asked the Council to move on, make some of the right decisions and put the money into the infrastructure, the things that are really needed, instead of fountains and other things that are really not the top priority. SRCC Minutes (Regular) 10/02/2000 Page 7 SRCC Minutes (Regular) 10/02/2000 Page 8 Councilmember Cohen inquired as to whether MUTA would support rent control. Ms. McCarthy responded that she did not say that MUTA would support rent control, they have never been asked that question, but she would say right now that they definitely support no growth, limiting growth because the redevelopment that is happening here is not helping the community, is not well thought out, there is no infrastructure that will support it and no one has got the political will to make the developers pay for the parking lot. She stated it is going to be put on the backs of the existing taxpayers and only a few will profit. In that regard she stated she absolutely stands in the same position as the people who are the low income people in the canal area, complaining about the increases in rent etc., due to the gentrification and the rest. Ms. McCarthy stated she intends, when the meeting is over, to communicate with these people and potentially make an alliance with them, as they did with many of the environmental groups.. Shirley Fischer from the VIA Committee asked an informational question stating they were told the Promenade proposal was going to come to the Council on October 91", which is not a Council meeting. Then they were told it was coming this evening, so she was curious as to when the proposal would be coming before the Council. Mayor Boro responded that the Staff report has it as an item of discussion for tonight and possibly an item for future consideration, stating it was on the fourth page under "Unsolicited requests and other needs." City Manager Gould stated the Council should be commended for stepping up its infrastructural maintenance and improving spending dramatically in the last four years. He noted some of the projects where investments have been made in the community: • more than doubling the level of street maintenance the city undertakes each year • upgrading three major city parks • allocating $600,000 to upgrade the Terra Linda Pool, which was discussed this evening • getting major storm pump and drainage projects done throughout East San Rafael • building a new corporation yard • building a new childcare center • dispatch centers for both the Fire Service and the Police Department • putting $800,000 into the Pickleweed Fields and planning to expand the Pickleweed Community Center • committing to a state of the art radio system for police, fire and emergency services • leasing additional space for the Police Department • talking about upgrading all the City's major computer systems These are major projects that were on the $80 -million list that Ms. McCarthy referenced and these items are being taken off the list as the economy and our economic developments warrant. He stated he could not disagree more with Ms. McCarthy about the effects of redevelopment in this City and in the downtown. He noted that many would argue that redevelopment has saved the downtown, has benefited the great majority of the residents of the community and has done so absolutely consistent with the downtown vision that this Council took three years to develop, with the consensus of over 300 residents. The surveys done every year indicate a high level of satisfaction with the development that is occurring in the downtown and the redevelopment projects being undertaken at this time. Councilmember Cohen stated there is a real commitment on the part of the City and the Redevelopment Agency to have a gathering place in the downtown. It was part of a very public discussion about what would happen at the so called "white elephant" that was the Macy's building, and is now going to be a major anchor of continued success in the downtown. A real concern expressed by the public was the need to continue to expand opportunities for public gathering places. Councilmember Cohen stated that investment in the Court Street Plaza is very appropriately on the list. Councilmember Cohen added that he had been saying for years that the City has tremendous exposure in our current commitment to outdated and potentially unsupported computer technology for several departments, and he firmly supports the Staff recommendation to get this funded and taken care of, before it becomes a crisis. Councilmember Cohen stated that he wanted to get on the record, not necessarily suggesting adding to the list tonight, but keeping the door open for further discussion of some additional funds prior to the completion of the next complete budget process. One of the things he noted, looking at the list, was the projects in North San Rafael were somewhat under -represented. He thought there were a couple of projects that have been brought up formally in the letter from the VIA Committee which deserve some further discussion. He stated that if the Pool Renovations were going ahead there are SRCC Minutes (Regular) 10/02/2000 Page 8 SRCC Minutes (Regular) 10/02/2000 Page 9 probably some savings to be achieved by doing both phases all at once, as discussed earlier this evening. The community would get a much better project if the landscaping could be done at the same time as the rest, assuming some conclusion could be reached regarding a wading pool versus a play pool. The money would probably be better spent doing it as part of the pool renovation and as that figure is $250,000, a serious look should be taken before coming to a conclusion. The other point was on the issue of the design of the Promenade, and Councilmember Cohen stated one of the challenges to be faced in North San Rafael is that, unfortunately, the Redevelopment Agency is not available to be somewhat of an economic engine and partner with the private sector to bring some of these things to fruition. Councilmember Cohen stated there would be certain opportunities to make some of those visions a reality in North San Rafael and it might be advantageous to do some of the ground work; an example being Shoreline Park, where a number of years ago how it would look and ultimately tie together was laid out and as opportunities arose pieces of it were put into place. Councilmember Cohen thought that is how the Promenade should proceed. With an overall design for guidance there would be opportunities to do pieces as they arose and when completed it would be a consistent feature of the community. He thought this one might reasonably wait until the next budget cycle but he felt that the Promenade design should, at least, be started so that for the next budget cycle it would begin to be something that has been talked about for a while. Councilmember Phillips then seconded the comments with regard to the Study Session on the Pool and stated that it is apparent the plan itself, to fully blossom, is going to cost more than the $600,000 appropriated thus far, but in looking at the bigger scheme of things it would probably be wise to fully develop it to the satisfaction of the community all at once, rather than delaying and doing it piecemeal. This would save some money in the long run and enhance the community use of that facility. He commented he does not know what that is but suspects he will be in favor of it. While he agreed with the other items proposed by Staff, he stated Councilmember Cohen made a good point with regard to the Promenade. There have been a significant number of discussions with regard to that concept and there are a few other things that have been brought forth as a result of the community plan, which he does not find in the report but perhaps should be represented, at least as placeholders, to be addressed as permitted. With regard to the Field for the Dogs Improvement, Councilmember Heller thought requests of that nature need to go through the Park and Recreation Commission, and come up in a manner like any request for funding for local parks. She pointed out Sun Valley Park is out there fundraising and looking for assistance. Councilmember Heller stated at this point the next budget cycle is fairly close and she would like to hear from the community again to find out where they want to put their money - the Promenade or something which is very important to the community of North San Rafael, along with the Terra Linda Pool. This needs to be ascertained and moved up on the list but these items should be held off at the present time to see what funding is available. Mayor Boro stated he would like to comment, not to debate, that he found it amazing that someone could say redevelopment has destroyed this city, or potentially will destroy it. He spoke of the Macy's building, noting if the Redevelopment Agency had not stepped in and done something, it would still be sitting there abandoned and an eye sore downtown. There is a theater which the Redevelopment Agency got involved with, where $7 -million was raised privately to develop, and the Council was told that in the first eight months of its operation 100,000 people have come to that theater. There is the Fair, Isaac project where Redevelopment acted very practically to get that site developed. It sat there for years and was a hazard and is now going to have state of the art buildings with an employment center for 1,400 people, fully parked; parking in turn will be available after hours and on weekends for the rest of the community. Mayor Boro stated that it is a great improvement and it just depends on how you focus your eyes as to how you look at the outcome. Mayor Boro stated from the people he has spoken with, the meetings he attends and the Vision session on the General Plan, it is obvious people are quite excited about San Rafael; what has been done in the past and where it is going in the future. Mayor Boro stated that the best tribute received was from consultant, Michael Doyle, who helped with this process nine years ago, who said he has worked in over 40 cities and San Rafael is the only city that has delivered what they said they would do. Mayor Boro commented that he thinks what the people want has been done in this city and he takes great exception to tonight's comments, but that is why we are a free society. Mayor Boro asked for a motion on the item. Councilmember Cohen moved and Councilmember Phillips seconded, to approve the Staff Recommendation and adopt the Resolution Adopting Amendments to the 2000-01 Budget, as presented. SRCC Minutes (Regular) 10/02/2000 Page 9 SRCC Minutes (Regular) 10/02/2000 Page 10 Councilmember Cohen wished to comment before voting that Councilmember Heller had reminded him of something to look at for the next budget cycle, which was the issue of lighting at the Community Center which is used by a lot of the City's retired residents, and he would like to hear a bit more about what can be done and what the cost would be. Mayor Boro added that he supports the comments regarding the Pool in North San Rafael and it may or may not coincide directly with the next budget cycle, but as plans become available, it can certainly be reconsidered. RESOLUTION NO. 10719 - AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY MANAGER'S REPORT: RESOLUTION ADOPTING AMENDMENTS TO THE 2000-01 BUDGET. Cohen, Heller, Miller, Phillips Ft Mayor Boro None None 12. City Manager Reported: - File 9-3-11 a) The Governor has vetoed Senator Burton's bill that would have capped the increase in the Education Augmentation Fund, which represents $4 -billion a year to Local Government, that is being siphoned off the local property taxes; to San Rafael it is about a $2 -million loss each year and grows. Senator Burton's bill passed through the legislature swiftly that would have slowed and eventually stopped the increase in that amount. It would not have paid back anything that was lost but would have capped the amount. The Governor vetoed the bill stating it cost too much money and the State needs the money in order to balance its budget. b) The Governor also has approved SB402, which mandates binding arbitration for local Police and Fire Associations. It is not effective on the State of California but is an unfunded mandate with constitutional consequences. c) On a happier note, Chief Marcucci has been awarded the Fire Chief of the Year Award by the California Fire Chiefs Association. City Manager Gould spoke with a representative of that Association who would like to come to a future Council Meeting to present the Chief with the award, as soon as the plaque is finished. COUNCILMEMBER REPORTS: 13. (a) RE: SISTER CITY LONATE POZZOLA, ITALY: - File 128 Councilmember Miller reported he had an opportunity this month to visit San Rafael's Sister City. The Mayor of that city gave him a lapel pin and sent greetings. Councilmember Miller also reported that for the past two years every time someone goes to Lonate he has asked them to please try to find a mayor's sash, to no avail. Councilmember Miller presented Mayor Boro with a bireta. (b) RE: ACTING CHIEF OF POLICE: - File 9-3-30 Mayor Boro recognized Michael Cronin, Acting Chief of Police, stating that everyone looks forward to working with him and appreciates his stepping up to bat for the City. There being no further business, the City Council meeting was adjourned at 9:00 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF WE MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 10/02/2000 Page 10