Loading...
HomeMy WebLinkAboutCC Minutes 2001-08-20SRCC Minutes (Regular) 08/20/2001 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 20, 2001 AT 8:00 P.M. Regular Meeting: Present San Rafael City Council Absent: Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: Albert J. Boro, Mayor Cyr N. Miller, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary 0. Phillips, Councilmember a) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern Dist. of CA, Case No. C003785 b) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: Novato Professional Firefighters' Association, et al. v. Marin Coun Employees Retirement Association, Board of Retirement of the County of Marin, et al. Marin County Superior Court, Case No. CV995951 c) Conference with Labor Negotiator (GC §54957.6) Negotiator's Name: Daryl Chandler Employee Organization: San Rafael Firefighters Association City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:08 PM a) Re: Contempo Marin — File 3-2-97 x 13-7-1 x 101 Mayor Boro stated that as discussed last week with Tom Davis, Contempo Marin, while residents were welcome to address Council this evening, he would limit comments to a combined fifteen minutes, in anticipation of a full hearing on this subject at the City Council Meeting of September 17, 2001. He requested that each speaker maintain their comments to under two minutes in order to accommodate all; however, fifteen minutes having elapsed, he would continue to the next item. Betty Mattea, President, Contempo Marin Homeowners Association, accompanied by Marie Schooley, resident, stated they were present to deliver to the City Council 339 signed letters requesting the City's representation in defending the entire Rent Control Ordinance to disallow vacancy decontrol, and as is evident by the date on the letters, the mobilization of homeowners to sign these letters was carried out in a short space of time. Ms. Mattea stated that in fact, almost all of the letters were signed in a single day, which represents a strong consensus of the over 1,000 people who live in Contempo Marin. The fact that they are united in their purpose to expect the City's defense and protection of the Contempo Marin Rent Control Ordinance, including the vacancy control portion, should be clear. She commented that they are receiving a valuable lesson in affordable housing and all of its ramifications and quoted San Rafael City Manager Rod Gould's statement "we have to fight this battle on all fronts to seek additional affordable units, house by house, apartment by apartment, that's our commitment". Ms. Mattea stated it is their hope that any meaningful commitment must extend to this Contempo issue and to the owner occupied existing affordable housing present in the almost 400 houses in Contempo. She believed the Council had the authority to ensure that Mr. Gould's fine sentiments represent City policy and action and are not merely empty words. Council could respond to the challenge presented by MHC by defending the laws, the housing policy as expressed in the City's General Plan and the rights and expectations of the 400 San Rafael homeowners who reside at Contempo. She noted that other cities were responding to this challenge and San Rafael should also, and urged the City Council to defend the Ordinance. Ms. Schooley presented 339 signed letters in support of this action to the City Council. SRCC Minutes (Regular) 08/20/2001 Page 1 SRCC Minutes (Regular) 08/20/2001 Page 2 Barbara Annis, 391 Bryce Canyon Road, Contempo Marin, stated she is a Real Estate Broker, licensed with the State of California, and has for the past ten years specialized in the mobile home and manufactured home market. More than half of her business has been representing buyers and sellers in Contempo Marin, many of whom were present this evening. Ms. Annis stated she wished to correct three inaccuracies reported in the newspapers: To dispel the first inaccuracy that Contempo Marin consists of lots of expensive homes, Ms. Annis stated this is not true, in that less than 15% of the homes there are newer manufactured homes. Information provided in the Multiple Listing Service serving Marin County, states that the highest price realized for any home in Contempo was $225,000. Ms. Annis noted that home is less than four years old; however, the majority of the homes in Contempo Marin were manufactured prior to 1980. The home in question had extensive improvements and additions to the original manufactured home and based on her experience, she could issue an assurance that this particular home is the exception to every rule. The second inaccuracy is that the homes are selling in the $300,000 range and that homeowners are making windfall profits; again, Ms Annis stated this is incorrect. She explained that before this proposed change in the existing Ordinance, these homes afforded the opportunity for ownership of a small, but decent home, for as low as $59,000. Larger homes could fetch up to $150,000, provided they had undergone expensive improvements over the years, were well maintained and nicely landscaped. Ms. Annis stated that the majority of the homes would sell below $120,000. Regardless of the original purchase price, in her opinion, this kind of appreciation could hardly be called an extravagant profit, and certainly not a windfall. She noted that Council could recall homes in their own neighborhoods where, over the past twenty to twenty-five years, much larger profits were realized, yet no one would have presumed to label it a "windfall". Addressing the third inaccuracy that Contempo Marin is no longer affordable, Ms. Annis reiterated that the majority of homes in her community could be purchased for well below $150,000. She was not aware of any neighborhood in San Rafael, or in the whole of Marin County, where homes of comparable size could approach these prices. Presently, the average sale price for a home in Marin County is $690,000, as reported by Multiple Listing Service. The still affordable homes in Contempo Marin have made it possible for many people to take the first step on the ladder of the great American dream, that of home ownership. Ms. Annis stated that as residents of Contempo Marin Mobile Home Park, they pay on average 18% more rent than any other mobile home park in Marin County. She questioned how then MHC could suggest their rents must be raised to market value and exactly what market this would be. The residents of Contempo Marin are not only tenants of MHC - first and foremost, they are homeowners who have, similar to all homeowners, invested their money, time, sweat and tears. They do not seek assistance from any of the City or County programs available for affordable housing, rather they seek only to be treated fairly. Ms. Annis expressed the hope that the opportunity would be preserved for young families, older citizens, singles and the working class, to own a home in San Rafael, by defending the Rent Control Ordinance. John Dohn, Contempo Marin, stated he was present on his own behalf and that of the other homeowners, not renters, of Contempo Marin. To expand on the people who live at Contempo Marin, Mr. Dohn stated he was basically an average Joe, having lived in San Rafael his entire life, on and off, for the past forty-nine years. His employment included driving a mixer for Shamrock Materials for eleven years, teaching school in the Dixie School District and currently, he is employed by a local mortgage bank on Mission Avenue, which demonstrates his history in Marin County. Mr. Dohn reported having had plenty of opportunity over the past twenty years to relocate to Petaluma, and contribute to more choking traffic on Highway 101; however, San Rafael had always been his home and living in Contempo Marin had given him the opportunity and affordability to not only avoid a tumultuous commute, rather, more importantly, to reside close to his aging parents in his home town. He stated Council had the opportunity to set a precedent and do something great for the entire State of California by standing up to MHC and disavowing the stance of vacancy decontrol. The decision to be made would affect many more thousands than merely those residing in Marin County, specifically, Contempo Marin. At forty-nine years of age, he stated he will survive whatever decision is made; however, he believed that to bow to MHC's request for vacancy decontrol, would affect a lot of good people, not only in Marin, but throughout the entire state. In his opinion, now is the time for SRCC Minutes (Regular) 08/20/2001 Page 2 SRCC Minutes (Regular) 08/20/2001 Page 3 Council to honor their word by taking a stand for their community and ensuring Contempo Marin remains a bastion of affordable, alternative home ownership for the City of San Rafael and residents of Marin County. Wendy Miller stated she had lived in Contempo Marin for approximately six years, having been forced from rental units because of changes in ownership, and believed that with rent control at Contempo, she could own a home in Marin which was affordable. However, it appears that this scenario will no longer exist for anyone else, as by attrition, these 396 units of affordable housing stock will no longer exist for the San Rafael community, instead they will be money -making entities for MHC. Ms. Miller reported that part of MHC's Mission Statement indicates "to share an absolute passion for excellence and resident satisfaction at every level"; however, they appear to be failing miserably on both counts. Perhaps they should change their Mission Statement to reflect their true agenda, which is maximizing profit, whatever it takes. She questioned why the City Council was supporting MHC's agenda by amending the Mobile Home Rent Control Ordinance, thereby, facilitating their sending further millions of dollars back to Chicago. Greed should not be rewarded. Ms. Miller referred to City Attorney Ragghianti's statement that his client is the City of San Rafael in this matter. She commented that the City of San Rafael is its residents and in representing the City of San Rafael, Mr. Ragghianti represents each resident and he should not lose sight of this fact. Ms. Miller indicated that City Manager Gould inferred that the homeowners in Contempo Marin are experiencing windfall profits from their mobile homes, which are selling for $200,000 - $300,000. She pointed out, however, that the only homes selling for these prices are those which MHC purchased for $125,000 and brought in to replace the homes which were demolished. He would be correct in implying that MHC is making windfall profits, and as pointed out by Barbara Annis, sales prices are nowhere near what rumor has them to be. Ms. Miller stated she purchased her home approximately six years ago for $68,000, and having replaced all major appliances and installed central air- conditioning, five years later it was appraised at $72,000, reflecting an increase of 4.8%, which is not her idea of a windfall profit and is the norm, not the exception. The City of Ventura is fighting mobile park owners in connection with rent control and affordable housing, as is the City of Cotati. The City of Santa Cruz has a lawsuit pending against it by MHC and she believes will also fight for its affordable housing. She questioned why these cities are fighting for their affordable housing stock, while San Rafael gives it away. She indicated it should be remembered that the constituents are the people of San Rafael, not the stockholders of MHC, and the City Council should be fighting for their interests, as they were elected to do. Stan Winston, retiree and resident of Contempo Marin, stated that speaking as a conservative, he was requesting Council to retain the present system, for the following reasons: Defense of home ownership -Home ownership is superior to tenancy, it sponsors community values and Council's action transforms 400 owned homes into tenancies. He urged retention of the present system of owner occupied homes, with rent stabilization, to give incentive to build equity and maintain the present positive community value system. Protection of local banks — Most mobile home mortgages are held by local banks and when the homeowners' equity goes, the banks' security goes. Bank examiners are aware of this and will take action accordingly, such as reducing liquidity with less money available for lending and some banks will be adversely affected. Tax Consequences — If a property is worth less, the taxes should be reduced. The City would be swamped by legal actions for tax reductions and reducing the tax base is the last thing needed. Mr. Winston suggested tabling the proposal to seek a positive compromise solution and appointing a committee to represent all parties, to include homeowners, banks, realtors, MHC and the taxing authorities. In this way, he felt sure a positive solution could be worked out. The present system, which combines home ownership, owner occupancy and incentives for building equity and maintaining good community values, works well. He urged Council to retain and even expand this system, as it could be a good solution to adequate housing throughout the country. Jeanmarie Grieco -Kolb, 28 Yosemite, stated she is a single parent of three children. The only reason she purchased the mobile home was due to the fact that it was under the Rent Control Ordinance and she believed it to be a safe investment for her children and herself, being a government employee. SRCC Minutes (Regular) 08/20/2001 Page 3 SRCC Minutes (Regular) 08/20/2001 Page 4 Ms. Grieco -Kolb reported that in February she put her home up for sale as she had purchased another home, investing most of her hard-earned life savings in a downpayment. She anticipated using the small profits from the sale of her mobile home for her new home. Shortly thereafter, the community learned of the MHC lawsuit and she has been unable to sell her home. It comprises 1,400 square feet and in the last three years, she has had new carpeting, flooring and appliances installed, together with painting the outside. She indicated she is required to own her home and live there, which means when something happens it is her responsibility to have it taken care of. She is also required to maintain the landscaping and should MHC believe the maintenance is inadequate, they will issue a threat of eviction or hire someone to maintain the land, at her cost. She pays her portion of the pump fee to MHC, in order for MHC's land to remain habitable and free from floods. Her rent per month is $680 which pays for a clubhouse, comprising an MHC office, meeting room, bathroom facilities, exercise room, Jacuzzi, pool and tennis courts, which she added, are not always maintained. In essence, the $680 per month pays for a very expensive health club membership. She considers she takes care of those issues for which MHC believes they do not receive sufficient funds. It was Ms. Grieco-Kolb's understanding that four years ago MHC themselves, indicated that the rate of return they received on their investment was between 30% and 35% and she questioned if this was not sufficient. On putting her mobile home up for sale in January, the original asking price was $135,000 and considering the average home in Marin sells for $690,000, she did not believe this to be a windfall price, as Mr. Gould, City Manager has repeatedly been quoted as having implied. She reported having reduced her home by $25,000, to $110,000; however, she remains unable to procure a buyer and questioned if anyone would desire to purchase a home, maintain it at their own expense and relinquish their hard earned equity to MHC. She believes she is being held hostage by MHC and the San Rafael City Council. Ms. Grieco -Kolb indicated that to withdraw from the purchase of her new home would entail losing her $10,000 downpayment, her life savings. She cannot sell her mobile home and cannot live in both places. According to the records, MHC has not paid more than $20,000 for any home from which they have forced people and this figure would not even come close to that remaining on her mortgage. She indicated that the City Council's decision to support MHC's greed has put her in a position of hostage, and she stands to lose all she has worked for throughout her life, her life savings, equity and most importantly, her chance for her American dream to better herself, her children and her family. She urged Councilmembers to do what is correct for Contempo Marin and the American people; they took a pledge of justice for all and she hoped they would do the right thing. b) Re: R.V. Park of San Rafael — File 13-7-1 x 3-2-97 Richard Malcolm Hall, R.V. Park of San Rafael, stated he had lived there for approximately ten years under rent control. He applauded the previous speakers' comments and believed there was a question of constitutional rights of municipalities to enact rent control ordinances. This has occurred throughout the country and in California, stems from the case mentioned in the Stipulation and Order for Stay of Litigation and Approval of Settlement Agreement, Richardson v. City of Honolulu . He believed there is a constitutional right to this ordinance, with the provision of vacancy control contained therein. The issue is between those who own the property and those who lease or rent the property. In the issue of Richardson v. City of Honolulu, the taking of property is discussed; therefore, likewise, MHC is speaking to the taking of property. He noted that everyone had a good deal of equity and should this ordinance be passed, that equity would be drastically reduced. In the case of R.V. Park of San Rafael, it would invariably be totally reduced, as this park is dissimilar to Contempo Marin, having smaller lots and containing a percentage of Recreational Vehicles; however, it has mobile home park status. This is presently under contention but Mr. Hall believed it would be affirmed by the City Council at the hearing to take place on October 1, 2001. Besides the possibility of everyone moving to Arkansas, Mr. Hall stated this could have a domino effect in that municipalities and towns throughout the state and country are subject to believing they would not wish to fight this costly battle. A meeting has been scheduled at Contempo for tomorrow and he believed those who addressed the Council this evening, and the people in the R.V. Park of San Rafael, do not wish to take this situation sitting down; none of them are mentioned in the Agreement; however, they all have a large stake, larger than MHC, who realizes a profit in the region of $250 -million yearly. He believed the Agreement should be rescinded and the City should enter into the pending litigation; he would be happy to enjoin in such litigation as a party, with those from Contempo Marin, if possible, as it appears to him R.V. Park of San Rafael is a third party. He favored going forward with positive litigation to put MHC in its place. c) Re: Canalways — File 13-14-1 x 6-48 Brian Sheedy, accompanied by Jill Caire, representing the Baypoint Lagoons Residents Committee, many of whom were present, stated they wished to alert the City to the many problems arising relating to the large wetland property, namely the Canalways, which borders on the south and north SRCC Minutes (Regular) 08/20/2001 Page 4 SRCC Minutes (Regular) 08/20/2001 Page 5 sides of Shoreline Park. Mr. Sheedy stated that since Shoreline Park was developed, and as more people have been attracted to the park, the public has become aware and begun to enter the Canalways, which is private property; however, this increasing entry into the Canalways creates considerable public nuisance, as well as risk of injury. Specifically, motorcycles riding through brush very close to backyard properties, not only endangering wildlife, but also creating dust which blows in their direction. This noise is loud and obnoxious and eliminates the enjoyment of their yards and the walkway and most importantly, scares the children, who need to remain inside, thus impacting their quality of life. Pickup trucks and cars are joyriding in the dirt, driving erratically and spinning in circles creating huge dust clouds. There are children playing with fireworks, model airplanes and mountain bikes, and dogs running off leash chasing wildlife, and in some instances, killing them. Mr. Sheedy stated that on August 8t" there was a large brush fire, which created a problem not only for the property itself, but also for the homeowners, potentially, endangering their homes. He stated that these activities endanger wildlife, destroying the habitat and in the past two years, the dead areas appear to have increased 25% as a result of these activities. Mr. Sheedy stated it is not known what or who causes the fires; however, the Canalways is being used by homeless individuals for campsites. Homeowners continue to observe fires in the area at night, squatters create noise and sanitation issues in the wetlands and surrounding areas also. The Baypoint Lagoons Board has received reports that homeless individuals are using their pool as a bath in the early hours before dawn. The community has had to increase security patrols for this reason. Mr. Sheedy stated they wished to work with the City to resolve these problems as soon as possible and offered several solutions: ♦ The entire area could be fenced, preventing access; ♦ The property could be allowed to remain wet rather than pumped dry; ♦ The property could be posted, and if so, Lieutenant Kelly, San Rafael Police Department, has assured them trespassers could be removed. If homeowners continue to refuse to restrict access to the property, they then should be responsible for the damages, including the cost of containing fires caused because of their refusal to cooperate with the City. Mr. Sheedy stated that in the meantime, it would be helpful if signs could be posted alerting the public that this is a fragile habitat with wildlife species. They wished to work with the City in every way possible to resolve these problems. He stated that as citizens, homeowners and parents, they would like to see some rapid and efficient resolution of the problem. City Manager Gould stated this matter could be brought to the Health and Safety Committee, which is chaired by Code Enforcement and involves Police, Fire, Public Works, and the City Attorney's Office, to determine whether there is a public nuisance abatement action which could be taken against the property owners. Staff would also meet with the property owners to apprise them of the situation and seek their cooperation in effecting a solution. Mayor Boro inquired if some of the suggestions put forward by Mr. Sheedy could be pursued and the homeowners contacted. City Manager Gould responded affirmatively. d) Re: 1476 Lincoln Avenue - File 13-16 Herb Hendrickson, Registered Nurse, stated he resided at 1476 Lincoln Avenue in San Rafael. A week ago Sunday, a front-page article appeared in the Marin Independent Journal which prominently featured the apartment complex in which he and sixteen other families live. This property, as well as many others on Lincoln Avenue, will soon be sold to Caltrans as part of their Highway 101 widening project. Mr. Hendrickson reported that in apparent preparation for the sale of her property, his landlord, Maria Scatina, has raised rents three times in sixteen months, for a total of a 50% increase. In fact, the most recent increase was a 20% raise in rates. He stated that Maria Scatina is not a member of the small group of landlords who have voluntarily agreed to yearly increases of 10%; however, even if she were, there is still no legally binding agreement to keep the lid on rental increases. In fact, he reported, several signatories of the agreement have recently raised their rents above the 10% ceiling. Mr. Hendrickson directed Council's attention to the editorial cartoon in today's Marin Independent Journal, which depicts the City of San Rafael holding a very small dog named "Rent Control", preparing to attack a huge beast called "Rents" — no contest at all. SRCC Minutes (Regular) 08/20/2001 Page 5 SRCC Minutes (Regular) 08/20/2001 Page 6 Mr. Hendrickson stated that the Oak Creek Tenants Association is planning to challenge the latest rent increase. They also are binding together with their sisters and brothers in the Canal district and elsewhere in San Rafael, to present a united front to the landlords and to the City of San Rafael. He stated they would not relax their efforts until the greedy excesses of landlords such as Scatina are stopped, and reasonable housing is available to every citizen in San Rafael, rich and poor alike. Ilene Snitkoff stated she had been a tenant in the Oak Creek Apartments for four years. Their rent increase problems were featured in an article on Sunday, August 16t", on page 1 of the Marin Independent Journal. As tenants, they are sick and tired of the excessive rent increases which their landlord, Maria Scatina, has imposed on them. She reported that together with the lack of maintenance, lack of management and lack of a response to issues brought to this greedy owner, over the past sixteen months she, Ms. Snitkoff, has been subject to three rent increases. These went from $800 to $895 in May of 2000; from $895 to $1,000 in January 2001 and the most recent, from $1,000 to $1,200 to take effect on September 1 s'of this year. This, she stated, is a 50% increase, from $800 to $1,200 in a sixteen -month period. She commented on how wonderful it would be if it were possible to go to her employer and demand wage increases at a similar rate; however, this would not be reality. Being cognizant of the fact that Caltrans will purchase this property as part of the Highway 101 widening project, the landlord, Ms. Scatina, has consistently increased the rents to obtain the best purchase price for her property, with total disregard for the tenants' ability to pay these exorbitant rent increases. Simultaneously, for the past four years she has ignored written requests from Ms. Snitkoff to maintain and repair specific items at the complex, as well as failing to address unsafe conditions which presently exist, and have existed, at the Oak Creek Apartments. No response was received from any telephone calls or written requests. Ms. Snitkoff stated that as tenants, fighting for an affordable place to live has now become a very harsh reality. They will band together to fight these excessive increases and will support their neighbors in the Canal and in Contempo Marin in their similar efforts throughout San Rafael. She made a plea to Council to be allowed to live in, and be a dynamic part of this community, by supporting some type of control of spiraling rent increases taking place throughout San Rafael, and specifically, by helping to eliminate the current $200 rent increase which Maria Scatina has imposed on them, sustaining the current rent of $1,000. She stated four of the seventeen tenants have already relocated as a result of this rent increase. Two units are not involved as one belongs to Section 8 and the other the Manager. Eight other tenants are supporting the efforts to eliminate these excessive rent increases, which are totally out of line with the purpose of the voluntary agreement. She urged Council to listen to them, permitting them to continue to be part of the community and to stop the greediness of certain landlords who are causing tenants to become a little crazy. She warned this would increase as all of the properties involved in the widening of Highway 101 are purchased by Caltrans. The owners realize they will receive market value; however, with higher rents they can obtain increased money for their properties. She noted that these purchases are taking place presently, with Caltrans expected to be the owner of their property before the end of this year. Caltrans is tendering an offer to the owner within the next month and has informed the tenants they will probably be the owners before the end of the year. Coleman Persily, San Rafael resident, thanked the City Council for endeavoring to remedy the cancer of very limited low rental housing and limited affordable housing. They had tried by listening to tenants' pleas at various meetings; however, it should be admitted that the remedy by which landlords were requested to voluntarily cease rent increases has failed. He realized Council had the plight of the low income, and residents unable to afford high rents, in their hearts: He noted Paul Cohen is the son of parents with a legacy of caring and fighting for the less fortunate and as a union leader, he hoped Councilmember Cohen would follow his parents in their concerns for the less fortunate. He stated Mayor Boro has always been a friend and is needed now. He suggested directing staff to prepare a document for the City to declare a moratorium on rent increases which would include the right of landlords, as is in existence in the mobile home parks, to make a fair return on their investments. He requested all members of the City Council to forget the fact that they are politicians and listen to their hearts. Sam DiGiacomo, Co -Chair Tenants Association of Marin, stated that a few months ago Councilmembers chose to repeat history. As had been reported this evening, the agreement signed with the rental properties is not working. He requested the City Council support renters on this occasion and be more effective. Mr. DiGiacomo indicated that the Tenants Association of Marin requests that the San Rafael City Council meet tomorrow evening in emergency session to declare a six month moratorium on rent raises and to roll back the increase on the Lincoln Avenue property being protested this evening. SRCC Minutes (Regular) 08/20/2001 Page 6 SRCC Minutes (Regular) 08/20/2001 Page 7 Councilmember Miller moved and Councilmember Heller seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 2. Call for Applications to Fill One Unexpired Term on Approved staff recommendation: the San Rafael Park and Recreation Commission a) Called for applications to fill one with Term to Expire End of May 2002 (CC) — unexpired term on the San Rafael File 9-2-4 Park and Recreation Commission to expire the end of May, 2002; b) Set deadline for receipt of applications Tuesday, September 18, 2001 at 12:00 Noon in the City Clerk's Office, Room 209, City Hall; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, October 1, 2001, commencing at 6:30 p.m. 3. Request for Amicus Participation: (CA) Approved amicus participation. Case Name: Barden v. City of Sacramento U.S. Court of Appeals, Docket No. 01-15744- File 9-3-16 4. Resolution of Appreciation to Alzheimer's RESOLUTION NO. 10900 — Association, North Bay Chapter, and Declaring the RESOLUTION OF APPRECIATION TO Week of September 23rd as Alzheimer's Awareness ALZHEIMER'S ASSOCIATION, NORTH Week (CM) — File 102 x 104 BAY CHAPTER, AND DECLARING THE WEEK OF SEPTEMBER 23RD AS ALZHEIMER'S AWARENESS WEEK 5. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance ORDINANCE NO. 1770 — An Ordinance of the City No. 1770. of San Rafael Amending the Zoning Map to Reclassify Certain Real Property from Planned Development (PD) District to a Revised PD District with Adopted Single -Family Residential Zoning Regulations to Allow Development of 15 Single - Family Homes, a Private Open Space/Park Buffer, and Retention of the Historic Chapel with Related Parking at 1115 Point San Pedro Road (APN 184- 052-08) (ZC00-04) (Re: Chapel Cove Residential Development) (CD) — File 10-3 x 10-5 x 10-7 6. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance ORDINANCE NO. 1771 — An Ordinance of the City No. 1771. of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.01.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from Marine, Marine -Canal Overlay and Water (M, M -C and W) District to Marine Commercial -Canal Overlay and Water (MC -C, W) District (ZC01-01) (171-181 Third Street Shopping Center and 201 Third Street) (APNs 014-161-22 and 23; 014-151-11) (CD) - File 10-3 x 10-5 x 10-7 7. Resolution Authorizing the Mayor to Execute Two RESOLUTION NO. 10901— Agreements re the Education Resource Center at RESOLUTION AUTHORIZING THE 2955 Kerner Boulevard: (Lib) — MAYOR TO EXECUTE TWO File 4-13-105 x 246 x 9-3-61 AGREEMENTS RE THE EDUCATION RESOURCE CENTER AT 2955 KERNER BOULEVARD: SRCC Minutes (Regular) 08/20/2001 Page 7 a) Agreement with the County of Marin to Coordinate Adult Education Services at the Education Resource Center; and b) Agreement with the College of Marin and the County of Marin for Instructional Support of the Education Resource Center 8. Resolution Authorizing the Mayor to Execute an Agreement Between the City of San Rafael and Sreedharan Vijayarangam Regarding Future Annexation of Real Property, 352 Summit Avenue, APN 016-021-35, to the City of San Rafael (PW) — File 5-2-103 9. Report on Bid Opening and Adoption of Resolution Awarding Contract to Ghilotti Bros., Inc. Re Street Resurfacing 2000/2001; Project No. 006-4069-642- 8000 and 006-4069-721-8000 (Bid Opening Held on Monday, August 13, 2001) (PW) — File 4-1-536 11. Resolution Authorizing an Additional Street Closure of Downtown City Streets in Connection with the San Rafael Cycling Classic on Saturday, September 8, 2001 (RA) — File 11-19 x 119.1 12. Resolution Authorizing Street Closures for the Brewfunk on Saturday, September 22, 2001 (RA) — File 11 -1 q 13. Resolution Authorizing Street Closures for the Ritter House Block Party Dedication of their new Day Service Center on Sunday, September 23, 2001 (RA) — File 11-19 14. Resolution Authorizing Street Closures for the International Food and Art Festival on Saturday, September 29, and Sunday, September 30, 2001 (RA) — File 11-19 SRCC Minutes (Regular) 08/20/2001 Page 8 a) AGREEMENT WITH THE COUNTY OF MARIN TO COORDINATE ADULT EDUCATION SERVICES AT THE EDUCATION RESOURCE CENTER; AND b) COOPERATIVE AGREEMENT WITH THE COLLEGE OF MARIN AND THE COUNTY OF MARIN FOR INSTRUCTIONAL SUPPORT OF THE EDUCATION RESOURCE CENTER RESOLUTION NO. 10902— RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND SREEDHARAN VIJAYARANGAM REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY AT 352 SUMMIT AVENUE, APN 016-021-35 TO THE CITY OF SAN RAFAEL RESOLUTION NO. 10903 — RESOLUTION AWARDING CONTRACT FOR STREET RESURFACING 2000/2001 TO GHILOTTI BROS., INC. IN THE AMOUNT OF $914,887.62 (lowest responsible bidder.) RESOLUTION NO. 10904 — RESOLUTION AUTHORIZING AN ADDITIONAL STREET CLOSURE OF DOWNTOWN CITY STREETS IN CONNECTION WITH THE SAN RAFAEL CYCLING CLASSIC FROM 6:00 P.M. FRIDAY, SEPTEMBER 7, 2001 UNTIL 7:00 P.M. SATURDAY, SEPTEMBER 8, 2001 RESOLUTION NO. 10905 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE SAN RAFAEL BREWFUNK ON SATURDAY, SEPTEMBER 22, 2001 FROM 9:00 A.M. TO 7:00 P.M. RESOLUTION NO. 10906 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF A CITY STREET FOR THE RITTER HOUSE BLOCK PARTY ON SEPTEMBER 23, 2001 FROM 12:00 P.M. TO 3:00 P.M. RESOLUTION NO. 10907— RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE INTERNATIONAL FOOD AND ARTS & CRAFTS FESTIVAL FROM SATURDAY, SEPTEMBER 29, 2001 AT 4:00 A.M. TO SUNDAY, SEPTEMBER 30, 2001 AT 8:00 P.M. SRCC Minutes (Regular) 08/20/2001 Page 8 15. Resolution Authorizing Street Closures for the Bananas at Large Music Festival on Saturday, October 13, 2001 (RA) — File 11-19 SRCC Minutes (Regular) 08/20/2001 Page 9 RESOLUTION NO. 10908— RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF A CITY STREET FOR THE BANANAS AT LARGE MUSIC FESTIVAL ON OCTOBER 13, 2001 FROM 8:00 A.M. TO 8:00 P.M. AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips ABSTAINING: COUNCILMEMBERS: Cohen (from item #s 5 and 6, due to absence from meeting of August 6, 2001.) The following item was removed from the Consent Calendar for discussion at the request of Nobel "Rocky" Birdsey: 10. REPORT ON BID OPENING AND ADOPTION OF RESOLUTION AWARDING CONTRACT TO GHILOTTI BROS., INC. RE N. SAN PEDRO RD. AND CIVIC CENTER DR. IMPROVEMENTS; PROJECT NO. 047-4710-660-8000; FEDERAL AID PROJECT NO. STPL 50434012) (BID OPENING HELD ON TUESDAY, AUGUST 14, 2001 AT 10 A.M.) (PW) — FILE 4-1-537 Nobel "Rocky" Birdsey submitted a letter to the City Clerk for distribution to Councilmembers. Mr. Birdsey referred to the Resolution to award the contract for North San Pedro Road and Civic Center Improvements and stated that in the project area he had identified four bicycle routes: Los Ranchitos Road; Northwestern Pacific Railroad Right -of -Way North/South Bikeway; Merrydale Avenue; and The Bay Trail. Of these four proposed bike routes, three are in the current General Plan circulation element; the Merrydale Avenue proposed bike route is a new element and has not been adopted by the City Council as of yet, being in the draft proposal stage. Mr. Birdsey stated that the current General Plan lists North San Pedro Road as a proposed class 2 or 3 high priority and the Public Works Department had informed him that currently, there are no plans for bike or pedestrian improvements of the intersections involved. Traffic counts conducted by the City indicate Civic Center Drive/North San Pedro averages 45 bicycles and 56 pedestrians per hour. Considering the significant usage, an opportunity exists to improve this area for pedestrians and bicycles and he requested that Council consider this before voting on the Resolution. He stated that part of the funding of the current project is derived from the Congestion Mitigation and Air Quality Improvement Funding (CMAC) and in view of the fact that CMAC funds are being utilized, Bicycle and Pedestrian planning should be considered. The Bay Area Transportation Blueprint for the 21 s'century, which lists proposed San Francisco Bay Trail segments, has programmed $59 -million for new construction, of which $34 -million is still available. Considering the fact that three proposed bike routes are already in the General Plan, with one being proposed in the new San Rafael Bike Plan, Mr. Birdsey stated he hopes to have an appropriate amount of time to review the design plans for this project, and return with specific Bicycle and Pedestrian improvements. To paraphrase, Mayor Boro inquired if Mr. Birdsey's concern was that the Master Plan shows there should be bike improvements at this intersection and the plan before Council this evening for recommendation does not accommodate the General Plan. Mr. Birdsey concurred and explained that basically this area has been targeted as a high priority class 2 or 3 bike route; the area will be re -paved and there may be an opportunity to carry out bicycle improvements; however, none are being made. He requested that the project be reviewed by a Bikeway and Pedestrian design professional to ensure that conditions are not made worse for bicyclists and pedestrians in this area. Mr. Birdsey stated that since writing the letter, the MCIL (Marin Center for Independent Living) and he had been informed that there is in fact, one new pedestrian improvement, namely an audible signal; however, there remains the question of tactile sensors in the crosswalks, stop bars before the intersection, flatter crosswalks, etc. This, he stated, was not brought before the San Rafael Bicycle and Pedestrian committee, which in his opinion, was an oversight, and he believed it to be an important project area to evaluate because of the four bike routes in that area. Street resurfacing presents an opportunity and Mr. Birdsey quoted from the General Plan Section C-23 — Bicycle Routes - which states: "Priorities should be given to sections of routes designated in the Circulation Background and to the Northwestern Pacific Railroad right of way route. Retain the Lincoln -Los Ranchitos bicycle path in the roadway connection project." Mr. Birdsey stated all of these are in the project area; therefore, he would like to have a Bikeway Design professional review the plan to ascertain if some improvements could be carried out, considering the SRCC Minutes (Regular) 08/20/2001 Page 9 SRCC Minutes (Regular) 08/20/2001 Page 10 circumstances. Mayor Boro thanked Mr. Birdsey and stated staff would address this momentarily. Ellen Lieber, Empowerment Team Leader, Marin Center for Independent Living, stated her role is to advocate for systems change and to help those with disabilities do likewise for this particular crossing. Besides audible signals and the other improvements mentioned by Mr. Birdsey, there are many other improvements which are available. She had assisted in researching the items contained in the Access Board's Guidelines for Public Rights -of -Way, excerpts of which are included in tonight's packet. She reported problems with time for crossing wide streets, especially for those with limited mobility. Living in Mill Valley and working in San Rafael, Ms. Lieber stated she attempted to cross East Blithedale yesterday; there are islands with some push-button controls; however, the islands are not wide enough for someone in a wheelchair to find safe refuge. Ms. Lieber indicated that a similar situation can occur at the intersection in question with regard to length of time to cross the street. In San Francisco, there are many ways to deal with pedestrian crossings, including audible signals which also identify the intersection, and a new signal at Polk and Grove Streets which counts down the number of seconds remaining to cross the street and these can be of great assistance to those with very limited or slow mobility. She believed it was important to evaluate these ideas, all of which had been addressed in the Access Board's Guidelines. This also contains a note stating that the Guidelines need to be adhered to until the Department of Justice and the Access Board decide on regulations which will become part of the ADA (Americans with Disabilities Act). Mayor Boro stated that although the bid award was before Council this evening, he was assuming this work would not commence this year. Dave Bernardi, Public Works Director, stated that work could begin within thirty days of the Council awarding the contract, and subsequent to the signing and certification of the Bonds, Agreements and Insurance documents; however, the main factor would be delivery of the new arms and signal poles, which generally, are approximately twelve to sixteen weeks out. The contractor can carry out all of the other improvement work prior to the delivery of the poles, similar to what was done on Shoreline Parkway. With regard to the issues raised concerning the Americans with Disabilities Act, Mr. Bernardi reported that the new intersection will comply fully with their requirements, including sufficiently wide islands to provide safe refuge for pedestrians or those moving slower, together with the chirping sounds for blind persons. With regard to bicycle issues, Mr. Bernardi stated that during the course of this project development, which is a joint project with the County, it was a requirement of the City that the consultant who prepared the plans conduct a number of public meetings with the community to ascertain their concerns with the intersection, including bicycle lanes. When it was learned that to provide bike lanes in the Santa Venetia area outside of the City limits would require the removal of parking, the community articulated they did not wish to have such a lane. Therefore, the County in their part of the project, chose not to include a bike lane on the eastern side of the intersection. Through the confines of the intersection and from North San Pedro Road back westerly towards Merrydale Road within Caltrans right -of way, the intersection needed to be reconfigured without the acquisition of additional right-of-way. The entire project concept was designed on acquiring no additional right-of-way and in order to accommodate a bike lane through the intersection and between Merrydale Road and Civic Center Drive, additional right-of-way was necessary. In addition, Mr. Bernardi indicated that a portion of this bike lane would also cross the on and off ramps on the freeway, with no safe means of getting across, and at this point in time staff believes it would be unsafe to have a bike lane crossing the ramps. Mr. Bernardi stated this is a further reason not to recommend installing bike lanes. Mayor Boro clarified the issues with Mr. Bernardi as follows: ♦ With respect to the Americans with Disabilities requirements, these are all being met; ♦ Regarding bike lanes, the County opted not to install bike lanes in compliance with the desires of the residents in Santa Venetia concerning parking; ♦ The reason for not pursuing the right-of-way purchase was due to the fact that staff believed a bike lane would be unsafe; ♦ Mr. Bernardi added that a further reason was the cost of the right-of-way itself, which was beyond the scope of the original project concept. In addition to meeting ADA requirements, Councilmember Cohen inquired what could further be done, particularly in terms of signalization and the time permitted to cross streets. He referred to a discussion regarding Freitas and the system presently used, whereby a green or white figure indicates it is safe to walk and within a few seconds blinks, which is interpreted by many as an SRCC Minutes (Regular) 08/20/2001 Page 10 SRCC Minutes (Regular) 08/20/2001 Page 11 indication they should cease walking. Councilmember Cohen recalled having relayed to Council that on being in Chicago last year, he observed a system in use, and described this evening, which commences a count -down and gives a better sense of the time available to proceed through the intersection. He inquired if any of these alternatives had been evaluated with a view to incorporation into some of these projects. Responding, Mr. Bernardi stated Nader Mansourian, Traffic Engineer, had discussions with the traffic engineering personnel, City of San Francisco, and the intersection with the aforementioned timer is currently under evaluation. Mr. Mansourian is awaiting the results of this assessment before determining whether it would be appropriate for use in San Rafael. He added that those kinds of devices are easily retrofitted into a new system, dispensing with the need to start from scratch. Councilmember Cohen requested that Council receive a report on this as the intersection is appropriate for this approach and given the widening factor, is all the more reason for consideration. If San Francisco's tests out well, it could be a place for San Rafael to begin testing. Councilmember Heller commented that she was in touch with Patrick Connelly regarding this particular intersection and referred him to the City team. A letter was received and several discussions took place with him to ensure that this intersection would be completely ADA accessible. He had a lot of personal experience endeavoring to cross the present street, which is not easy in a wheelchair. All of his issues were discussed and Councilmember Heller believed it had been designed for wheelchair access. She confirmed with Mr. Bernardi that this issue had not been referred to the Bicycle and Pedestrian Committee and suggested that perhaps it should be, at least for discussion. Mr. Bernardi stated staff would be glad to refer this; however, it would be a change from the charge that the Council had originally intended for this committee. Mayor Boro confirmed that time is of the essence for this item, based on the construction schedule. Having received the report from staff regarding the time clock issue, Council could direct, or staff could recommend, that these be added to this intersection at a later time, as it is not something which must happen now. Mayor Boro stated that Council's concern is that this intersection is very heavily traveled by foot, bicycle and car and anything that could be done to enhance the safety for all forms of movement would be advantageous. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 10909 — RESOLUTION AWARDING CONTRACT FOR N. SAN PEDRO RD. AND CIVIC CENTER DR. IMPROVEMENTS TO GHILOTTI BROS., INC. IN THE AMOUNT OF $858,888.20 (lowest responsible bidder.) AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips SPECIAL PRESENTATION: 16. PRESENTATION OF RESOLUTION OF APPRECIATION TO ALZHEIMER'S ASSOCIATION, NORTH BAY CHAPTER, AND DECLARING THE WEEK OF SEPTEMBER 23RD AS ALZHEIMER'S AWARENESS WEEK(CM) - FILE 102 x 104 Mayor Boro welcomed Bob Stockwell, former member of the Marin County Board of Supervisors and currently working with the Alzheimer's Association. He noted the 8t" Annual Memory Walk takes place on Saturday, September 29, 2001, starting at the Village in Corte Madera. San Rafael, together with other communities, had been requested to acknowledge this event with a Resolution from the City Council and to encourage all citizens to participate. In presenting the Resolution, Mayor Boro thanked Mr. Stockwell for the work he and his organization does, not only for those with this affliction, but also in assisting their families cope. Mr. Stockwell stated that being a former politician, he did not have access to a microphone as much as he would like any more and he presented a team packet to Council for the City of San Rafael. He hoped that San Rafael would join with the other cities in Marin and Sonoma Counties in forming a team to participate in the walk to assist in raising the funds necessary to provide the services and programs so desperately needed by the 4,000 families in Marin County suffering with this disease on a daily basis. He encouraged the presence of all at the event. SRCC Minutes (Regular) 08/20/2001 Page 11 SRCC Minutes (Regular) 08/20/2001 Page 12 PUBLIC HEARING: 17. Public Hearing Re: CONSIDERATION OF ARCHAEOLOGICAL RESOURCE PROTECTION ORDINANCE RE NEW REGULATIONS AND PROCEDURES FOR PROTECTION OF ARCHAEOLOGICAL RESOURCES. CERTAIN LANDS AND GEOGRAPHIC AREAS WITHIN THE CITY OF SAN RAFAEL CONTAIN SIGNIFICANT ARCHAEOLOGICAL RESOURCES, WHICH INCLUDE DEPOSITS AND REMAINS LEFT BY THE LOCAL NATIVE AMERICANS AND OTHER EARLY INHABITANTS. WITHOUT PROPER REGULATIONS AND MONITORING, CONTINUED EXCAVATION AND GRADING COULD SIGNIFICANTLY IMPACT THESE RESOURCES; CITY OF SAN RAFAEL, APPLICANT (CD) — FILE 10-6 Mayor Boro opened the Public Hearing and continued it to the City Council Meeting of October 1, 2001, at the request of staff. OLD BUSINESS: 18. REQUEST FOR APPROVAL OF DISBURSEMENT OF THE 2000 STATE PARK BOND ACT PER CAPITA FUNDS AND APPROVAL OF THE PLAYGROUND SAFETY STRATEGY (CS) — FILE 12-5 x 9-3-66 Community Services Director Carlene McCart stated staff was presenting three options for the expenditure of Proposition 12 funds, the State Park Bond Act Funds, and also a proposed Playground Safety Strategy. By way of background, Ms. McCart reported that in the year 2000, the State of California passed the largest State Bond Act in history, $2 -billion spread between a number of programs. Under discussion this evening is the Per Capita Disbursement Funds, San Rafael's portion being $497,000. In the fall of 2000 by direction of the City Council, the Park and Recreation Commission launched a series of public meetings to determine public priority for the expenditure of these funds. Three neighborhood meetings were held and the recently completed survey of interest conducted in the Canal neighborhood was incorporated into the research conducted by the Commission. Projects which represented Deferred Capital Replacement, such as the Gerstle Park restroom, Santa Margarita playground, Sun Valley Park, Victor Jones Park, etc., were considered. Current park projects having completed first and second phases and in need of additional funds for further phases were considered, including Boyd Park, Bernard Hoffman, Albert Park and others, as outlined in the staff report. Ms. McCart reported that new facility development was discussed at all of their meetings and it was ascertained there was public support for a skatepark, an additional pool and soccer facilities and the Commission put a particular focus on park facilities with major community impact. On completion of the research and initiating formulation of the recommendation in February, 2001, the City commissioned safety inspection reports for each of its fourteen playgrounds. These inspections evaluated the conditions against the new state safety codes for playgrounds. This work commenced in February, 2001 and concluded in April, 2001; therefore, the Commission received information on these inspections towards the end of their work. The recommendations were finalized by the Park and Recreation Commission in May and these were subsequently presented to the City Council in June, 2001, at which time Council requested the Playground Safety Strategy be completed, to observe both projects side by side. This was done and is included in this evening's report. Ms. McCart stated that the Commission's recommendation for disbursement of the Proposition 12 funds accomplishes the following: ♦ Contributes to the Priority 1 Playground Safety Strategy; ♦ Addresses needs in three of the four quadrants of San Rafael; ♦ Supports projects which do not qualify for other funding resources; ♦ Replaces some aged capital inventory; ♦ Renovates seven park facilities; ♦ Puts money aside for new recreation facilities; ♦ Provides a matching fund for neighborhood park projects. Exhibit A, Page 3, contains the recommendation from the Park and Recreation Commission on the proposed allocation of the $497,000: SRCC Minutes (Regular) 08/20/2001 Page 12 SRCC Minutes (Regular) 08/20/2001 Page 13 Deferred Capital Replacement: Gerstle Park Restroom Replacement - to receive $30,000 which when augmented with ADA money will complete this project. Victor Jones Landscape Enhancement — would allow for irrigation which will enhance the turf area and render the play field at this park much more stable. Santa Margarita Playground Replacement — a request that funds be put aside for this purpose. Referring to the Chart on Page 3 of Exhibit A, Mayor Boro confirmed that in all three cases the staff and Park and Recreation Commission recommendations are similar. At this point, subsequent to discussion with the City Attorney, Councilmember Miller disqualified himself from this item, due to a potential conflict of interest involving the skatepark. To clarify, City Attorney Ragghianti stated the record should disclose that Councilmember Miller had disqualified himself due to a possible indirect material financial result from his participation. Councilmember Miller then left the Council Chamber. Continuing, and to draw the two conclusions, Ms. McCart stated the Park and Recreation Commission is suggesting that the Per Capita disbursement set aside money for: Phase II of Freitas Park - $80,000; Albert Park Masterplan Funding, Sun Valley Park Renovation and Bret Hart Park Renovation. Staff is recommending that the money for Freitas Park Phase II, $80,000, be reprogrammed into the Playground Safety Strategy. Ms. McCart reported that the future park and recreation facilities which the Commission wished to fund were setting aside $65,000 for McInnis Skatepark Project and a $100,000 Matching Fund, which would stimulate local neighborhood groups to partner with the City to conduct improvement projects within their parks. This is the second and last modification which staff is suggesting be reprogrammed to cover the cost of the Playground Safety Strategy. Requesting clarification, Councilmember Cohen stated that in the Park and Recreation Commission report, reference is made to the Albert Park Masterplan Funding and in this evening's staff report, while it is a similar dollar amount, it is referred to as Albert Park Irrigation. Responding, Community Services Director McCart stated this is part of the Masterplan funds; however, this particular amount will allow for replacement of all of the irrigation in the lawn area at Albert Park, now used as a staging area for the construction of the Parkside Center. Councilmember Cohen inquired if this was what the Commission envisioned using this money for or whether they had something else in mind. Ms. McCart stated they did not specify in their recommendation that the funds be used for any particular piece of the Masterplan completion; staff has recommended replacement of this irrigation system, which has failed. Councilmember Cohen confirmed with Ms. McCart that it was not the Park and Recreation Commission's intention to use this money for further planning for Albert Park, rather it should be allocated to complete another unfinished portion of the Albert Park Masterplan previously adopted, and staff is recommending it be used for irrigation, which can be completed for this amount. Councilmember Heller stated she agreed with reprogramming the $100,000 from the Matching Funds; however, she believed the Park and Recreation Commission's concept was an important one. She would like to ascertain if at some time a Matching Fund could be set up to enable the Commission, when approached by local neighborhood groups for help, to be in a position to provide this help, as it is encouraging to these groups to be aware they are supported by the City and the Park and Recreation Commission. Mayor Boro concurred, hoping that as this two-year budget cycle progresses, some money could be allocated in this direction. Some of the older parks in Central San Rafael need attention, which do not have similar resources to North San Rafael for development and park fees. Mayor Boro stated he was aware of the suggestion to possibly develop funding each year to allocate to more regular park maintenance. He requested staff and the Park and Recreation Commission work on this and coordinate with City Manager Gould and Assistant City Manager Nordhoff with regard to funding, even in this present fiscal year, but for sure to generate a proposal for the next major budget. SRCC Minutes (Regular) 08/20/2001 Page 13 SRCC Minutes (Regular) 08/20/2001 Page 14 Ms. McCart stated it is part of the proposal for the Playground Safety Strategy to have an ongoing amount to apply to the park system. Clarifying, City Manager Gould stated this is a separate issue in that one is correcting deficiencies in the playground equipment to eliminate any liability and the other is improving neighborhood parks in cooperation with the neighbors. As an addendum to the second issue just identified, Mayor Boro stated that, as is done in other areas, consideration should be given to putting aside some level of capital money each year towards parks, and in particular, those in Central San Rafael, which need some attention. Whether this is matching money or whatever, these issues need to be addressed. Ms. McCart added that the Chairman of the Park and Recreation Commission, together with Mark Lubamersky, Vice -Chair, were present to answer questions. Armando Quintero, Chairman, Park and Recreation Commission, stated the Commission had been very involved in this item this past year, meeting with and presenting this to the community, eliciting their requirements. The Commission's concern is that they answer what was requested regarding the disbursement of the Proposition 12 funds. Mr. Quintero pointed out that this is the first occasion in many years for which this type of funding became available to communities throughout the state, and having worked with the National Park Service for 22 years, he very much appreciated the value of this kind of infusion into park facilities. The Park and Recreation Commission respectfully requested Council's consideration of the proposal they put together. Mayor Boro stated he trusted the Park and Recreation Commission understood that the reason this was returned to them was due to the fact that subsequent to completion of their work, this new issue arose with respect to the safety of the equipment. Council was endeavoring to balance both of these needs simultaneously, understanding the Commission's issue while sharing Council's concerns. Councilmember Heller applauded the $35,000 identified for the Sun Valley Park and inquired when the funds would be available to them. Ms. McCart stated the neighborhood had already raised approximately $15,000 which had been applied to some new equipment to be installed, i.e., park benches and tables, which are on the way. She added that with this new infusion, the City would be in a position to partner with them. Councilmember Cohen stated he appreciated the hard work of the Park and Recreation Commission and the contents of the recommendation. He believed part of the process was the type of questions asked and the method by which they were asked. He believed that to consult with the community, particularly parents, on the issue of playgrounds needing various updates and repairs, for their opinions on whether money should be spent attending to these problems, the answer would be a resounding "yes". This was the reason staff recommended modification of the Park and Recreation Commission's recommendation and why he would be amenable to supporting staff's adjustment. Regarding the timeline, Councilmember Cohen believed the Park and Recreation Commission's process could have been speedier had they been in possession of these results. With regard to addressing the safety issues, Mr. Quintero stated that the proposal is they be attended to over the next fifteen years; he has six and eight year old daughters who would be graduating from college by the time these issues were addressed, under the current timeline; therefore, the Commission unanimously requested consideration be given to speeding up this process. Mayor Boro stated this is what this action will begin to do. Expanding, City Manager Gould stated the staff recommendation is to attend to the priority 1 issues and have them completed in two years, which calls for the reprogramming of the funds which would otherwise go towards park renovation. Councilmember Cohen stated the conditions he referred to were from the priority 1 list and there are other concerns which will take a longer time. This recommendation gets the priority I items taken care of in two years. Mayor Boro requested that possibly working with staff over the next year, the Park and Recreation Commission could put together a matrix of all City parks, demonstrating recent actions and funding and identifying and prioritizing needs throughout the City. He recognized there is always more need than dollars available; however, it would be helpful to evaluate the different parks, some of which are old, yet still get a lot of use and need repair, while others are relatively new, to balance both sides. SRCC Minutes (Regular) 08/20/2001 Page 14 SRCC Minutes (Regular) 08/20/2001 Page 15 Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 10910— RESOLUTION APPROVING THE DISBURSEMENT OF THE STATE PARK BOND ACT FUNDS AND THE PLAYGROUND SAFETY STRATEGY AYES: COUNCILMEMBERS: Cohen, Heller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips ABSENT/ DISQUALIFIED: COUNCILMEMBERS: Miller (due to potential conflict of interest.) 19. REPORT ON BID OPENING FOR THE TERRA LINDA POOL REBUILD PROJECT AND RESOLUTION AWARDING THE CONTRACT TO WESTERN WATER FEATURES, IN THE AMOUNT OF $1,263,000 (PW) — FILE 4-1-538 Dave Bernardi, Public Works Director, stated this is a report demonstrating the status of a bid opening which revealed that the bids received exceeded the architect's estimate for the project. Staff has laid out a number of options and Andy Preston, Deputy Public Works Director, would expand on these alternatives. Assistant City Manager Nordhoff would address the financial aspect of the option Council sought to consider. To give a brief history, Mr. Preston stated that on January 16, 2001, the City Council approved the concept of rebuilding the Terra Linda Pool in lieu of renovation. At that time, the project budget was increased from $600,000 to $1.153 -million, based upon the consulting design engineer's figure of $900,000. Before considering the different options, Mr. Preston stated another important element of the pool was the timeline schedule; construction is scheduled to commence in September, 2001, and assuming good winter weather and a six-month construction duration, the anticipated opening date is the Spring of 2002 and in time for next year's swim season. Any delay in the schedule would defer this process to the summer of next year. Mr. Preston reported that this is the ideal time to commence a construction project for a pool; the ground water table is probably twelve to thirteen feet below the surface presently and is, therefore, the ideal time to commence construction of the shell. The water table in October and November would rise to approximately three to four feet and will require pumping. The project was bid on July 16, 2001 and bids were opened on August 14, 2001. Unfortunately, the bids came in, disappointingly, in excess of the Design Engineer's estimate; the low bid was submitted by Western Water Features at $1,263,000 with the Engineer's estimate at $900,000. When consulted as to why the bids were high, Nachi Madhavan, Design Engineer, indicated this was the first project he had designed and bid this year where the bids had come in above his estimate; however, the fact that most of his work pertains to Southern California may account for this variance. Mr. Preston stated he had contacted all of the bidders to inquire why the bids were so high and the response received was that when the plans were considered, it appeared to be a $1.5 -million project. The three highest bidders indicated that the bid received from Western Water Features is a very competitive one for this type of work. Comparing the low bidder and next low bidder, there is less than 1 % between the two; therefore, Mr. Preston believed the bid from Western Water Features is very competitive for this type of work. Mr. Preston reported the staff report contained several options for proceeding with this project for consideration by the City Council: Option #1 — Award the project to the lowest bidder: Mr. Preston directed attention to the table on page 2 of the staff report and stated that to do this using the standard 15% contingencies and construction and management testing, the total project cost of $1,590,450, would require an increase in funding of $437,450. This sum would need to be allocated by the City Council before commencement of the project and the advantages of allocating the entire funds would result in achieving the exact project as designed and approved by the Park and Recreation Commission, the community and the City Council. Option #2 — Award the project to the lowest bidder and Value Engineer the project. Mr. Preston stated the project would be awarded for the full amount, with subsequent Value Engineering and partnering with the low bidder. Explaining Value Engineering, he stated this would entail evaluating with the contractor and the design engineer the plans, construction details and methods SRCC Minutes (Regular) 08/20/2001 Page 15 SRCC Minutes (Regular) 08/20/2001 Page 16 to ascertain if there were modifications which could be made to some of the construction details which would generate cost savings without affecting the functionality of the project. He reported that it is important the project remain as is, the scope of work must remain the same as is bid. And it is not permissible to delete complete items of work. In consultation with the design engineer, Mr. Preston stated they have focused on three items, the mechanical room, a deck and fencing, where they believe they can effectuate some fairly substantial savings, without affecting the design of the pool. This would result in a cost saving of between $50,000 and $100,000 on the project as bid. Simultaneously, staff would enter into a partnering relationship with the firm, as was done with Andersen Drive and Court Street Plaza, whereby a team is formed, comprising City Staff, Design Engineer, and a representative from Community Services, together with the contractor. The project is then built as a team. He noted that many contracts have an adversarial relationship between the contractor and the City and there are contractors who enjoy working in this fashion, favoring the confrontation. It was found, especially with Court Street Plaza, that working as a team, the job can be built with very few change orders. In fact, presently two months into the Court Street Plaza project, meetings have been held on a weekly basis with the contractor, with approximately twenty revisions or changes to the plan having been made, and no change orders whatsoever, except for a credit to the City. Mr. Preston believes this partnering relationship is a wonderful way to work on these very tightly funded projects. Referring to the table on page 3 for this option, Mr. Preston stated staff had added a credit for Value Engineering of $50,000 and reduced the contingencies to $50,000, believing contingencies were necessary to deal with the unforeseen. To take this approach the total project would increase to $1,401,000 and with the present budget at $1,153,000, additional funding of $248,000 would be required. Utilizing this option, work could commence in September, building all the facilities in the plan. Option # 3 —Refect and rebid the project using alternate bids. The base bid would be for the pool, and the alternate bids, the water play pool, kiosk, shade structures, landscaping, fencing and a bid item for pumping water from the ground water table. This format would afford Council the opportunity to have a base bid with a menu of other items to choose from. Mr. Preston explained this process can be complicated, as the contractor must be informed when bidding the project what alternates the project will be awarded on. It is not permissible to subsequently choose the alternates, as this would afford the capability of bid shopping and to select different alternatives can produce different contractors which can become confusing. Mr. Preston explained that choosing this option would reduce the contract price by up to $200,000, removing the play activity pool and the kiosk; however, to complete these items at a later time in the phasing would, undoubtedly, cost considerably more money than to do so in one project. This option would require two — three weeks for the redesign, subsequently sending it out to bid, to be back to the City Council by the first or second week in October. It would then stretch further into the winter with the likelihood the project would not be completed by the spring of 2002. Option #4 — Refect Bids and Redesign the Project. Mr. Preston stated that to redesign the project, it would probably be downsized to the format of a basic renovation and wading pool. This would then revert to a complete redesign scenario and would lose most of the current swimming season; however, it could be downsized and constructed to within the existing budget. Option #5 — Refect all bids and wait for a better bid climate. This would entail maintaining the present plans and going out to bid again in a few months. Mr. Preston reported the City of Davis did this recently with their pool and having bid three times, received similar bids on each occasion. Assistant City Manager Ken Nordhoff, stated that included in the staff report is a schedule outlining the funding committed to date and the sources of monies making up the $1,153,000. Assuming there is interest in awarding the contract and going forward with Option #2, he itemized three sources of funding available: 1. Park and Recreation Facility Fee — this is collected on living units developed throughout San Rafael and has approximately $125,000 available; 2. Development Impact Fees for Public Facilities (Parkland Dedication Fees) — these fees are collected in separate zones, East San Rafael, Central San Rafael and North San Rafael. The balance of these fees as of last June is approximately $95,000. SRCC Minutes (Regular) 08/20/2001 Page 16 SRCC Minutes (Regular) 08/20/2001 Page 17 3. Mr. Nordhoff reported that when compiling the budget, surpluses were projected for the end of each of the two years, with an estimation of approximately $791,000; therefore, he believes this could provide an opportunity, should Council so desire. To provide some balance and assuming Council decided to move forward with Option #2, Mr. Nordhoff suggested using approximately one-third of the Park and Recreation Facility Fee, $43,000; the balance of the North San Rafael Parkland Dedication Fees, $95,000 and the balance needed, $110,000 from the General Fund, which would provide the additional $248,000 needed to arrive at the $1,401,000 figure. Addressing the $110,000 general tax funds, Mayor Boro stated there is already $200,000 over two years from this fund committed to this project and he inquired if Council could, should they so choose, loan this money from the general tax fund, with the understanding that future Park Dedication Fees generated in North San Rafael would repay this loan. Mr. Nordhoff anticipated it could probably be structured in this way; however, he was unaware of any significant developments on the horizon which could generate this amount of money. Mayor Boro stated it could be an "if and when" situation or a principle at this stage. To repeat the joke that "a swimming pool is a hole in your back yard into which you throw money" Councilmember Cohen added that apparently, a public pool is a very large hole into which lots of money is thrown; however, there was little choice at this point, as the project was too far advanced to reverse course. He believed the construction industry is currently running on an accumulated inventory of scheduled work and next year would see a slow down; however, this is speculation and would not be evident before losing the opportunity with this winter. A vast saving would not emanate from a rebid; therefore, it appeared the prudent course is to proceed with the staff recommendation — Option #2 — and award the contract to the low bidder, encouraging staff to carry out whatever value engineering is necessary to reduce the cost. Councilmember Cohen stated he would like to see the additional money structured as a loan against any future Park and Recreation Fees, to repay the additional $110,000 to the General Fund. Councilmember Heller concurred, adding she was not willing to have the community wait another year for a swimming pool; she was unsure if the climate would improve and a lot of children and the community would have been disenfranchised. She favored Option #2 and complimented staff on generating all the alternatives. Councilmember Miller believed there was a commitment to the community in terms of the pool and the situation now requires a decision on funding options. The option in question appeared to him to be the positive and adequate method and he agreed, that as a matter of principle, if and when there is extra money, it should be repaid to the General Fund. Ellen Lieber referred to a list of improvements; however, she was not aware of a lift for those with disabilities. Responding, Deputy Public Works Director Andy Preston stated there is a lift included for handicap access to the pool, together with a zero entry into the play activity pool. Mike Maguire thanked the Council for their efforts with this project and for reaching out to the community for input in the design, etc. He pointed out that this is the sole recreational pool in the City and a lot of funds had been expended on other recreational facilities throughout the City, which he supports. It could appear that a lot of money is being spent on this particular item and he believed, compared to other items, relatively speaking, this was a great value. Mr. Maguire stated he is now on the Board of the Santa Margarita Neighborhood Association, which has received commendations from the City with regard to partnership. Landscaping projects have been successfully installed and there are bigger plans they hope to have endorsed. Being aware that Option #2 involves evaluating several major areas for cost savings, one of which is perimeter fencing, he believed this would not be received favorably when conveyed to the Neighborhood Association; however, this issue could be addressed should the option be adopted, as suggested by staff. He believed that to request the Neighborhood Association to attempt to raise the funds to enhance the fencing could be a stretch as they had their hands full with the creek restoration project. In attempting to raise $80,000 to $100,000, the additional task of raising money for perimeter fencing would be tough. Mr. Maguire stated he had been President of the ORCA Swim Club, which is a group of 150 families with a $60,000 per year budget. They are a community program which emphasizes that SRCC Minutes (Regular) 08/20/2001 Page 17 SRCC Minutes (Regular) 08/20/2001 Page 18 hard work, dedication, practice and good nutrition can lead to improvement and positive attitude. While not wishing to labor the values of swimming, Mr. Maguire wished to make clear that the ORCAs had been part of this Community Center since its inception. The Marin League was founded by the first Director of the Terra Linda Recreation Center and the ORCAs are the only survivors of the first three teams. He believed the problem with the proposed budget is its lack of alternative funding for competitive equipment and he did not wish to have it overlooked, either by accident or design. When the facility is rebuilt, the existing equipment, swim blocks, starting platforms, etc., will be obsolete and will need to be purchased by someone. Mayor Boro interjected to inquire that when the Council approved the budget of $1,153,000, without the over -runs under discussion this evening, if this equipment was included. Responding, Mr. Preston stated they were not included, rather they were added as an alternate to the base bid Mayor Boro confirmed the budget was adopted without the competitive swim equipment. Mayor Boro, conscious of the fact that Mr. Maguire was present on that occasion, and not being in a position to speak for the absent Councilmember Phillips, former President and friend of the ORCA Swim Club, recalled that at that meeting, Council directed that $1,153,000 was the limit and the design work and enhancements to the pool were finalized. The present position is an over -run of $400,000; therefore, personally speaking, to open this up again, on top of the over -run, would not be productive at this point. While understanding the situation, Mr. Maguire stated the ORCAs may possibly need to relocate to Terra Linda High School because they cannot afford the equipment. In endeavoring to understand the situation, Mayor Boro inquired why this discussion was not held on the occasion of adopting the budget for this project. Responding, Mr. Maguire stated he believed the ORCAs were not aware they would be liable for the swim equipment expenses. He did not foresee 150 families being in a position to purchase this equipment and suggested that perhaps the City could provide a loan. He clarified he was not necessarily implying the City should purchase the equipment for the ORCAs, rather he was raising the issue as somehow it had been overlooked. Community Services Director McCart stated that in earlier discussions when considering the scope of the project, competitive equipment was discussed and it was noted this equipment is used solely for competitive needs and solely by the ORCA Swim Club. These expenses would be folded into the budget and if affordable, the costs would be covered; however, if not, it would be necessary to partner. In compiling the final bid package, these costs were separated out to ascertain whether or not it was reasonable for this budget to assume them. Ms. McCart stated there had been ongoing discussions, including sending spec sheets and various catalogs back and forth to apprise the Swim Club of some of the costs. The final cost estimate for the base project was $900,000 and the competitive swim equipment was estimated at $40,000. At that time it was believed both components could be afforded with contingencies; however, the bid was separated out specifically to ascertain the cost of completing the base project and the cost of purchasing these new furnishings. Ms. McCart stated that some of the existing equipment will work and she agreed with Mr. Maguire that new starting blocks would be required, as the filtration system would require these to be set back from the pool. Councilmember Cohen stated the staff report identified the base bid and the alternate bid which is the amount for the competitive swim equipment, listed by Western Water Features at $35,400 and he confirmed with staff that this was the amount in question now. He inquired if all of the equipment was required or if choices could be made. Ms. McCart stated this figure represented all of the new equipment necessary, including water polo goals and items which are not ultimately necessary for the competitive season to continue, identifying the first priority as the starting blocks. Councilmember Cohen confirmed that the ORCAs could still be accommodated while lowering the $35,000 figure. He further inquired whether this was required at the commencement of the project or whether the alternate amount could be discussed to arrive at a consensus with the potential contractor, thereafter making a decision subject to a satisfactory approach. Ms. McCart stated the list could be reviewed with the Swim Club to decide on priorities and these decisions are not required at the time of accepting the contract; they are purchases to be made towards the conclusion of the project. Being cognizant of the fact that the pool is costing in excess of twice the projections, and understanding it is a valued community asset and there is a commitment to fix it, nonetheless, stated Councilmember Cohen, it is draining funds from other needs, including all the park facility needs throughout the City, and needs to cease somewhere. He suggested taking Mr. Maguire up on his offer and would be willing to request staff to pursue: SRCC Minutes (Regular) 08/20/2001 Page 18 SRCC Minutes (Regular) 08/20/2001 Page 19 1. Determining a firm figure somewhere below $35,000 and identifying the expenditure needed to render this pool usable by the ORCA Swim Team; 2. What kind of loan over what period of time would be necessary to enable families to contribute to purchasing the equipment which is for their children's use, not the community as a whole. The City could provide the funds up front to enable this to be achieved as part of the main project, with the ORCAs paying for it over a reasonable period of time. As an example, Councilmember Cohen stated that If the figure in question is $30,000, and with over 100 families contributing to a five or ten year loan term, particularly with a low or zero interest rate, it becomes viable. The ORCAs would have to raise their fees; however, not to the point where it would be totally unreasonable. He believed it is consistent with the City's philosophy when addressing special use, that those getting the benefit should pay. This is achievable, as opposed to requesting the ORCA Swim Club to submit $30,000 cash now to include the equipment in the bid. Councilmember Cohen stated that perhaps there is a way to partner with the ORCAs, as well as the contractor, to find a solution. Mark Piatti, Terra Linda resident and ORCA team parent stated he was in agreement with Option #2 and was aware of value engineering. He became an ORCA parent as his children wanted to swim, also joining the Recreation Center, which he believes brings money into San Rafael. There is a sense of community there and a value in having the ORCA Swim Team at this facility. To clear the record with Mr. Maguire, Mayor Boro stated that when last discussed and figure of $1,153,000 was agreed upon, he has no recollection of the equipment cost being addressed, which was the reason for his question; however, it appeared there is a workable way to go forward. Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution with the following additions: ♦ Approve the staff recommendation on the value engineering approach to the project and the additional funding to cover the discrepancy between the low bid and the Engineer's estimate; ♦ Direct staff to indicate that the additional $110,000 from the General Fund is a loan to Park and Recreation Facility Fees in North San Rafael and future additional fees generated are to be used to repay the loan; ♦ Direct staff to work with the ORCA Swim Club to explore a reduction in the cost of the alternate bid for competitive swim equipment, and to ascertain a means by which the City would partner in the form of a loan to the Swim Club, to be repaid by the families to offset the cost of adding competitive swim equipment to this pool project. RESOLUTION NO. 10911 — RESOLUTION AWARDING THE CONTRACT FOR TERRA LINDA POOL REBUILD, PROJECT NO. 620-6601-495- 8000, TO WESTERN WATER FEATURES, IN THE AMOUNT OF $1,263,000 (lowest responsible bidder.) AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips 20. RESOLUTION AUTHORIZING WAIVER OF PLANNING APPLICATION FEES FOR MARIN ALANO CLUB, 1360 LINCOLN AVENUE (CD) — FILE 9-10-2 Community Development Director Bob Brown stated this is a straightforward request for waiver of the Use Permit fees. He noted that the Alano Club did successfully receive a Use Permit from the Planning Commission last week, subsequent to over a year of meetings with the local neighborhoods. The City Council's decision will be based on the findings of the Resolution adopted in March 2001, with criteria for the approval of fee waivers for non-profit and other organizations. SRCC Minutes (Regular) 08/20/2001 Page 19 SRCC Minutes (Regular) 08/20/2001 Page 20 Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 10912 — RESOLUTION WAIVING PAYMENT OF FEES FOR THE USE PERMIT APPLICATION (UP01-14) FOR MARIN ALANO CLUB; APN 011-145-07 AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips Mayor Boro stated to the Council that he requested staff to put this item on the agenda for consideration as somewhere down the line the policy for the future may need to be reviewed. While not wishing to impede this application, he believed Item #4 in the Resolution was wide open as to consequences and may need to be revisited. The City has been specific in the past with regard to housing and childcare facilities and Mayor Boro requested staff to explore refinements and bring it back to Council at some future meeting. COUNCILMEMBER REPORTS: 21. None. There being no further business, Mayor Boro adjourned the City Council Meeting at 10:10 p.m. and announced Council was returning to Closed Session. CLOSED SESSION HELD OPEN SESSION: ADJOURNMENT: 10:40 PM announced by Mayor Boro, with no reportable action taken. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12001 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 08/20/2001 Page 20