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HomeMy WebLinkAboutCC Minutes 2002-05-20SRCC Minutes (Regular) 05/20/2002 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MAY 20, 2002 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Esther C. Beirne, Deputy City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:30 PM: Mayor Boro announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 Present: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None a) Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager City Attorney Gary Ragghianti announced that no reportable action was taken on Item 1 a). Closed Session Items 1 b) and 1 c) were held at the conclusion of Study Session following City Council Meeting: b) 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 C) Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Lydia Romero, Daryl Chandler Employee Organizations: San Rafael Fire Chief Officers' Association San Rafael Fire Association San Rafael Police Mid -Management Association San Rafael Police Association Marin Association of Public Employees, Supervisory Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 Marin Association of Public Employees, Childcare Unit, SEIU Local 949 ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:31 PM a) Terra Linda Pool: - File 9-3-65 x 4-1-538 x 4-10-172 (verbal) Lois Tucker expressed pleasure at the fact that the San Rafael Community Pool at Terra Linda had opened; however, on visiting she learned of its unavailability for public lap swimming during the regular workweek. She distributed a copy of the schedule, commenting that the ORCA swim team monopolizes the pool from 5:30 — 8:30 p.m. on weekdays and the only other place to swim in San Rafael requires joining a private club and paying membership fees and dues. Ms. Tucker raised the following questions: • Why a school is getting such a large amount of time at a public pool since they do have a school pool available; • Whether the ORCAs could share the public pool, designating a few lanes during the workweek when working adults could swim; • Whether the students could swim after school — currently the after-school time is dedicated for lap swimming when many adults are working; • Recognizing that the ORCAS contributed $40,000 to the project, she inquired as to what percentage of the total cost of the pool -remodeling project this is. As a side note, Ms. Tucker indicated she would like to see a public swimming pool south of Puerto Suello Hill. SRCC Minutes (Regular) 05/20/2002 Page 1 SRCC Minutes (Regular) 05/20/2002 Page 2 Ms. Tucker stated that when she moved here she was informed that the Terra Linda Community Pool was only for Terra Linda residents, being named "The Terra Linda Community Pool." Noting the power in a name, she urged Council to realize this is "The San Rafael Community Pool at Terra Linda" and did not concede that Terra Linda and the Terra Linda ORCAs should monopolize the time available at the pool. Mayor Boro thanked Ms. Tucker for her comments, noting other comments had also been received, and indicated Community Services Director Carlene McCart was evaluating the situation in an effort to accommodate all needs. He explained there is a balancing act in that the City has a long history with the ORCA swim team. They have used this pool for many years and the City supports them, while also supporting the community as a whole, and he was confident Ms. McCart would find a solution to meet everyone's needs. b) Citizens' Police Academy and DART Program: File 9-3-30 (verbal) Being a graduate of the Citizens' Police Academy and DART Program, and also having participated on the Task Force for the General Plan Revision, Lois Tucker complimented the City Council and City staff on such great programs, thanking them for all the good work. c) AB 2224 (Nation) — SMART (Sonoma -Marin Area Rail Transit): File 245 x 248 x 170 (verbal) Fielding Greaves, Marin United Taxpayers Association, stated that Marin has rejected the idea of a sales tax at least twice for a Rail Transit System, and despite this vote by the citizens of Marin and a rejection of a similar measure by Sonoma County voters, Assembly Member Nation has introduced legislation, AB 2224, to create a joint Marin -Sonoma Rail Transit District with taxing authority. Mr. Greaves stated he had previously distributed to Council a copy of a joint letter from Marin United Taxpayers' Association and Sonoma County Taxpayers' Association, addressed to the Appropriations Committee of the Assembly, expressing strong opposition to AB 2224. He noted that on May 6, 2002, the San Rafael City Council endorsed AB 2224 and he respectfully requested this issue be agendized for reconsideration and perhaps withdraw support, for the reasons specified at length in the joint letter. Summarizing those reasons, Mr. Greaves stated they include: • The addition of an expensive new layer of bureaucracy between the State and counties; • The great population disproportion between Marin and Sonoma. Sonoma's population of 486,000 is just 3 percentage points short of being double that of Marin; therefore, with a tax measure put to the vote of the members of the Transit District, Marin's vote would be very seriously diluted and could be overwhelmed by the superior voting power of Sonoma County; • The heavy cost of repair and maintenance of the roadbed which has been neglected for so long; • The acquisition of any additional roadbed to take the train below San Rafael, should this be intended, to perhaps the Larkspur Terminal; • The deficit costs of operating, which would require a subsidy, when a bus and ferry system are being subsidized; • The severe adverse impact on all east/west streets in downtown San Rafael when the train comes through, blocking traffic which is already grim, especially during commute hours, and also because of all the recent construction of new office buildings; • The measure would fail to serve those who commute to San Francisco and would not ameliorate the major part of the traffic problem of this county, which is the intra -county traffic. In addition, Mr. Greaves stated that should such a tax proposed by a Rail Transit Authority be enacted, none of the towns in Marin south of San Rafael would receive any benefit whatsoever, yet they would be required to pay for the Rail System, which is benefiting just the main corridor, primarily Novato and San Rafael, as far as traffic is concerned. Mr. Greaves respectfully requested this issue be agendized for the next City Council meeting for reconsideration. d) Car Horns and Stereos in Canal Area: File 9-3-30 (verbal) Yvette Wakefield, member of the Health Council of Marin, addressed the problem of horn honking and loud stereo noises in the Canal Area, indicating she had some signed petitions from her neighborhood. Ms. Wakefield referred to a letter sent to Mayor Boro some two years ago, the last paragraph of which reads: "enclosed is an article from the San Francisco Chronicle. The article refers to a study that found noise can produce serious physical and psychological stress. No one is immune to this stress, noise causes stress and the body reacts with increased adrenaline, changes in heart rate and elevated blood pressure. Even a small increase in the percentage of heart SRCC Minutes (Regular) 05/20/2002 Page 2 SRCC Minutes (Regular) 05/20/2002 Page 3 problems caused by noise could prove debilitating to many thousands of Americans. Noise contributes to heart and circulatory disease and in suspected to lower our resistance to the onset of infection and disease. When noise becomes sufficiently loud or unpredictable, or if the stress imposed is great enough, our initial annoyance can become transformed into extreme emotional responses and behavior." Ms. Wakefield indicated that the article also quotes the former Surgeon General addressing the Conference on Noise as a public health hazard as follows: "Those things within man's power to control which impact upon the individual in a negative way, which infringe upon his sense of integrity and interrupt his pursuit of fulfillment, are hazards to public health. Calling noise a nuisance is like calling smog an inconvenience." Ms. Wakefield reported having lived in the Canal area for seven and one half years and stated that people come and honk their horns at all hours of the day and night, often at 5:30 a.m. They come and honk horns to pick up friends for work, to go shopping or pick up their children. This is done sometimes to ascertain whether someone is home. She reported having contacted the Police Department in an effort to obtain help with this problem; however, the problem has worsened. Mayor Boro invited Police Chief Cronin's comments on this issue. Police Chief Michael Cronin reported the Police Department is aware of Ms. Wakefield's complaints, which have been responded to. He stated they had taken extraordinary steps in attempting to resolve her issues in particular, including writing letters to owners whose license plates had been provided in an effort to have them change their behavior. The neighborhood has been leafleted in an attempt to raise awareness of the code section. Violations, particularly with respect to music, are enforced where there is a violation of the Vehicle Code; however, Chief Cronin explained there are some issues which make this difficult: • People do not typically engage in these behaviors where Police Officers are present; and • Although a number are occurring, the likelihood of an Officer being present at the precise time is negligible. Chief Cronin stated the Police Department would continue to respond to Ms. Wakefield's complaints and would react to them in the future. Responding to Mayor Boro's question, Police Chief Cronin indicated the Noise Ordinance does not specifically address the use of horns or music in vehicles. This is preempted by the State by legislation enacted in the Vehicle Code, which is sufficient to deal with these violations. Responding to Councilmember Heller's inquiry, Chief Cronin confirmed horns are covered very specifically in the Vehicle Code. He explained that horns in cars may only be used to warn other motorists or someone in one's path. They cannot be used to summon someone from their home at 5:00 a.m. or indeed ascertain whether someone is home, and where this occurs in the presence of an Officer, a citation can be issued. Mayor Boro stated it would be helpful over the next several months to ascertain the level of citations issued and the resulting impact. Councilmember Cohen moved and Councilmember Miller seconded, to approve the Consent Calendar as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Meeting of Monday, Minutes approved as submitted. May 6, 2002 (CC) 3. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance ORDINANCE NO. 1780 - An Ordinance of the City No. 1780. of San Rafael, Amending Zoning Ordinance Section 14.16.190 to Add a Provision for an 18 -foot Height Bonus for Public Parking to the Portion of the Second/Third Mixed Use West District Located North of Third Street and East of "C" Street (APN 011-255-09, 10, 13, 14, 15, 18 and part of 26) (CD) - File 115 (2000) x 10-3 x 10-5 x 10-7 4. Summary of Legislation Affecting San Rafael (CM) - Approved staff recommendation: File 116 x9-1 Proposal for a 50% reduction in Community Development Block Grant (CDBG) Allocations to wealthy communities — OPPOSE. SRCC Minutes (Regular) 05/20/2002 Page 3 SRCC Minutes (Regular) 05/20/2002 Page 4 6. Resolution Certifying Project Budget, Local Funding Item carried forward to meeting of Commitment, Supplemental Funds, and Public June 3, 2002, at the request of staff. Library Operation for Proposition 14 State Library Bond Act 2000 Grant Application (CS) — File 9-3-61 x 9-3-66 x 116 7. Resolutions of Appreciation to Six Community 1) RESOLUTION NO. 11088 — Volunteers: Sue Beittel, Joann Franklin -Knox, RESOLUTION OF APPRECIATION Charlotte Gurin, Goldie Magee, Bob Nichols, and TO VOLUNTEER SUE BEITTEL Carl Ringchop (MS) — File 102 2) RESOLUTION NO. 11089 — RESOLUTION OF APPRECIATION TO VOLUNTEER JOANN FRANKLIN-KNOX 3) RESOLUTION NO. 11090— RESOLUTION OF APPRECIATION TO VOLUNTEER CHARLOTTE GURIN 4) RESOLUTION NO. 11091 — RESOLUTION OF APPRECIATION TO VOLUNTEER GOLDIE MAGEE 5) RESOLUTION NO. 11092— RESOLUTION OF APPRECIATION TO VOLUNTEER ROBERT "BOB" NICHOLS 6) RESOLUTION NO. 11093 — RESOLUTION OF APPRECIATION TO VOLUNTEER CARL RINGCHOP 8. Resolution Authorizing Execution of Agreement with RESOLUTION NO. 11094 — Susan Wright of Wright & Associates to Evaluate the RESOLUTION AUTHORIZING THE City's Workers' Compensation Program (MS) — SIGNING OF AN AGREEMENT WITH File 4-3-406 x 7-1-31 SUSAN M. WRIGHT & ASSOCIATES FOR EVALUATION OF THE CITY'S WORKERS' COMPENSATION PROGRAM 9. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance ORDINANCE NO. 1781 - An Ordinance of the City of No. 1781. San Rafael Amending San Rafael Municipal Code Sections 5.12.010, 5.12.030, 5.12.050, 5.12.090, 5.40.010, 5.40.030, 5.40.045, and 5.60.100 Regarding Enforcement of Parking Laws and Regulations and Traffic Direction, by Management Services Department Employees Assigned Such Duties (MS) — File 9-3-87 x 9-3-30 x 11-1 x 11-8 10. Report on Bid Opening and Resolution Awarding Contract to Bauman Landscape, Inc. for North San Rafael Entry Beautification, Project No. 10497, Bid Opening Held Tuesday, May 7, 2002 (PW) — File 4-1-546 x 9-3-40 11. Report on Bid Opening and Resolution Awarding Contract to TruGreen LandCare, for Landscape Maintenance Contract, Andersen Drive Rebid, Project No. 001-44-47001-9270, Bid Opening Held Tuesday, May 7, 2002 (PW) — File 4-1-547 x 9-3-40 RESOLUTION NO. 11095 — RESOLUTION AWARDING THE CONTRACT "NORTH SAN RAFAEL ENTRY BEAUTIFICATION", PROJECT NO. 10497, TO BAUMAN LANDSCAPE, INC. IN THE AMOUNT OF $277,777.00 (lowest responsible bidder) RESOLUTION NO. 11096 — RESOLUTION AWARDING CONTRACT TO TRUGREEN LANDCARE FOR LANDSCAPE MAINTENANCE FOR ANDERSEN DRIVE REBID PROJECT IN AN AMOUNT NOT TO EXCEED $37,818.00 (lowest responsible bidder) SRCC Minutes (Regular) 05/20/2002 Page 4 13. Resolution Approving Parcel Map of Subdivision Entitled "Parcel Map of Dominican Heights" (formerly Dominican Estates) (PW) — File 5-1-343 14. Report on Quitclaim of 1309 Square -feet to the Gabrielsen Trust and Adoption of a Resolution Authorizing the Mayor to Sign a Quitclaim Deed (PW) — File 2-12-1 15. Resolution Authorizing Execution of a Community Development Block Grant Program (CDBG) and Home Program Cooperation Agreement with the County of Marin (RA) — File 4-13-38 x 147 16. Resolution Authorizing Transmittal of the Environmental Documentation Prepared for the Third Amended and Restated Redevelopment Plan for the Central San Rafael Redevelopment Project (RA) — File 140 x (SRRA) R-140 XIX 17. Resolution Authorizing Closure of Downtown City Streets in Connection with the San Rafael BrewFunk on Sunday, June 30, 2002 from 8:00 a.m. to 7:00 p.m. on Fourth Street from B Street to Lootens Place, A Street from City Parking Structure to Fifth Avenue, and Julia Street from B Street to A Street (RA) — File 11-19 x (SRRA) R-181 x R-140#8 SRCC Minutes (Regular) 05/20/2002 Page 5 RESOLUTION NO. 11097 — RESOLUTION APPROVING PARCEL MAP ENTITLED "PARCEL MAP OF DOMINICAN HEIGHTS" (APN'S 15- 163-02 & 04) (FORMERLY DOMINICAN ESTATES) RESOLUTION NO. 11098 — RESOLUTION AUTHORIZING THE MAYOR TO SIGN A QUITCLAIM DEED TO THE GABRIELSEN TRUST (Proaerty is Located at the end of the Extension of Francisco Blvd. East at Grand Avenue) RESOLUTION NO. 11099 — RESOLUTION AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME PROGRAM COOPERATIVE AGREEMENT WITH THE COUNTY OF MARIN RESOLUTION NO. 11100— RESOLUTION AUTHORIZING TRANSMITTAL OF THE ENVIRONMENTAL DOCUMENTATION PREPARED FOR THE THIRD AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT RESOLUTION NO. 11101 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STEETS FOR THE SAN RAFAEL BREWFUNK ON SUNDAY, JUNE 30, 2002, FROM 8:00 AM TO 7:00 PM ON FOURTH STREET FROM B STREET TO LOOTENS PLACE, A STREET FROM CITY PARKING STRUCTURE TO FIFTH AVENUE AND JULIA STREET FROM B STREET TO A STREET 18. Resolution of Appreciation to Gardeners' Guild for RESOLUTION NO. 11102 — Award of Marin County's Green Business Program RESOLUTION OF APPRECIATION TO (RA) — File 102 GARDENERS' GUILD FOR AWARD OF MARIN COUNTY'S GREEN BUSINESS PROGRAM AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar at the request of Councilmember Phillips: 5. RESOLUTION APPROVING AGREEMENT WITH REVENUE AND COST SPECIALISTS, LLC FOR COST OF SERVICES STUDY (CM ) — FILE 4-10-331 x 4-10-294 Noting the cost of the study to be $28,500, Councilmember Phillips inquired whether there was a way this could be done without outside assistance. Responding, Assistant City Manager Nordhoff stated he had discussions with the City Manager and due to the fact that GASB (Governmental Accounting Standards Board) Statement No. 34 is being implemented next year and some phases of the new financial system are still being implemented, staff believes this to be a prudent course of action. He indicated the scope of work outside of City staff was being kept to a minimum. Staff has the flexibility, particularly getting to later stages, to determine how much service is needed and the intention is to attempt to maintain this as limited as possible. City Manager Gould added that three employees are presently out on maternity leave. SRCC Minutes (Regular) 05/20/2002 Page 5 SRCC Minutes (Regular) 05/20/2002 Page 6 Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 11103— RESOLUTION AUTHORIZING AN AGREEMENT WITH REVENUE AND COST SPECIALISTS, LLC FOR A COST OF SERVICES STUDY AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. REPORT ON BID OPENING AND RESOLUTION AWARDING CONTRACT TO GHILOTTI BROS., INC. FOR LINCOLN AVENUE REHABILITATION, CITY PROJECT NO. 10741, BID OPENING HELD TUESDAY, MAY 14, 2002 (PW) — FILE 4-1-548 x 9-3-40 Councilmember Phillips noted wide variances in the Engineer's Estimate from those proposing. He was particularly struck by the "Mobilization" item, which varied from a cost estimate of $49,000 to $5,000 to $72,000 to $8,000 and requested staff explain what "Mobilization" represented. Public Works Director Dave Barnardi explained that the bid item of "Mobilization" includes moving equipment onto the job. It is a separate item under the State specifications, that utilized when putting projects together, i.e., the contractor is paid to move his equipment onto the job. Mr. Bernardi indicated that some contractors charge more for this, explaining that "Mobilization" is the first item to be paid when doing a progress payment. Some contractors want their profit up front and some will distribute their costs through other bid items. Councilmember Phillips indicated he had not been aware of this and stated that perhaps, it could be a consideration in a close call, as to the timing of the payment, given present values, etc. Regarding the "Curb Inlet" item, Councilmember Phillips noted the Engineer's Estimate was $250 per item, and the actual bids came in at figures of $2,800, $2,000, $3,400, all much more than $250. Responding, Mr. Bernardi believed staff estimated low on this item, noting the bid prices were more or less similar, or at least a lot over $250; therefore, he was comfortable there was no overcharging. Under the item "Traffic Control", Councilmember Phillips noted the Engineer's Estimate was $20,000 and the bids ranged from $15,606 to $60,000. Mr. Bernardi explained that again, it deals with how the contractors put their bids together. Argonaut Constructors bid was $60,000, which Mr. Bernardi explained is how they chose to get paid. "Traffic Control" is one of the first items to be paid, as this has to be set up at the beginning of the project; therefore, in this case, they have loaded their profit in this item. Noting this to be somewhat of a game being played by the contractors, Councilmember Phillips stated he hoped staff was ahead of the curve in this respect. Mr. Bernardi explained that staff attempts to generate an estimate based on a realistic cost for that item. When the contractor estimates a specific item, he may have a different agenda as to how this particular item is valued. He used "Mobilization" and "Traffic Control" as two good examples of how a contractor might choose to load his bid and distribute the total cost of the project in those two items, while underbidding some of other items, such as "Asphalt" in this instance. Mr. Bernardi stated the "Asphalt" pricing is probably last year's because they wanted the job; therefore, they could have cut that price down and over-estimated another part, i.e., the "Mobilization." Mr. Bernardi concluded it is just a matter of how the bid is assembled to arrive at a total cost. As the cost of individual items did not represent the approximate value, rather some arbitrary game playing, Councilmember Phillips inquired why such great detail is requested instead of just the bottom line. He clarified he was not suggesting this course. Responding, Mr. Bernardi stated that at least this way there is an idea of the cost of individual items in the event further quantities of a particular item need to be added. In this way, it is possible to negotiate a price or use the price bid rather than negotiate under a lump sum bid. In the case of "Traffic Control", Mr. Bernardi explained the contract specifies exactly what has to be done for traffic control and it is the contractor's responsibility to provide what staff has specified. Regarding the variance in amounts, Mr. Bernardi stated it is the same work, just valued differently. Noting Mr. Bernardi explained the justification for the detail and pricing thereof; however, where there is such a wide variance, Councilmember Phillips questioned whether this would impinge on the integrity of the process. Using "Traffic Control" as an example, he stated that should another be SRCC Minutes (Regular) 05/20/2002 Page 6 SRCC Minutes (Regular) 05/20/2002 Page 7 needed, the City's estimate of $20,000 and Argonaut Constructors' at $60,000 would distort the ability to negotiate this particular item. Councilmember Cohen explained that in bids such as this there are hard and soft costs and the figures usually played with by contractors are in the soft costs. "Traffic Control" represents the movement of cars from lane to lane while working and is not an item where another would be required. He noted where magnitude differences are evident, they appear in the soft costs, which is pretty standard in the construction industry, whereas the hard costs get a lot closer to the Engineer's Estimate. Looking at the figures on the bottom line, Councilmember Cohen stated the bids are quite close, noting it was good for the City that all but one of them came in under the Engineer's Estimate and the one that came in over was $20,000 over on a $1 -million bid. Councilmember Cohen stated that in evaluating bids, should there be a wild swing, obviously something was missed by someone or padded by someone. In this case, regardless of how they arrived at these figures, all of them reached almost the same place, while putting their profit in different locations. Councilmember Phillips indicated his satisfaction with the explanations. Mayor Boro inquired as to what "Full Width Cold Planing" represented. Explaining, Public Works Director Bernardi stated the basic part of the project is to grind 8 -inches of asphalt off Lincoln Avenue, from Mission Avenue to Hammondale Court; therefore, "Full Width Cold Planing" indicates it will be ground down. Mayor Boro inquired as to the variation in pricing. Mr. Bernardi explained that some contractors need to rent machines, while others own theirs, hence the difference in cost. Mayor Boro stated he was pleased overall to finally have a figure under estimate. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 11104 — RESOLUTION AWARDING CONTRACT FOR LINCOLN AVENUE REHABILITATION TO GHILOTTI BROS., INC. IN THE AMOUNT OF $911,911.25 (lowest responsible bidder) SPECIAL PRESENTATIONS: 19. PRESENTATION OF RESOLUTION OF APPRECIATION TO COMMUNITY VOLUNTEER JOANN FRANKLIN-KNOX (MS) —FILE 102 Ms. Franklin -Knox was not in attendance. 20. PRESENTATION OF RESOLUTION OF APPRECIATION TO GARDENERS' GUILD FOR AWARD OF MARIN COUNTY'S GREEN BUSINESS PROGRAM (RA) — FILE 102 Dawn Weisz, Planner, County of Marin, stated this was very exciting as they had been working for several years developing the Marin Green Business Program. She explained this program is based on a Bay Area model, adopted by five counties presently, and Marin would be the sixth county to adopt the program. Ms. Weisz reported the program was formally launched during Earth Week in April with five businesses, and tonight, they welcomed Gardeners' Guild into the fold as the first San Rafael business. The accomplishments of Gardeners' Guild include: reducing their water and energy use; reducing hazardous waste production; increasing recycling, and Ms. Weisz expressed gratitude at having them as part of the community. Mayor Boro noted there had been recognition from the County and this was San Rafael's way of expressing thanks. On behalf of the San Rafael City Council and citizens of San Rafael, Mayor Boro congratulated and thanked Linda Novy and her company for all the great work done, noting the Resolution articulates the sentiments of Ms. Weisz from the County of Marin. Linda Novy, Gardeners' Guild recalled some fifteen — sixteen years ago applying for a Use Permit and being scared of not being allowed into San Rafael. San Rafael is now their hometown and Ms. Novy stated it is a real honor to receive this certification. She thanked the City for embracing a new program. Ms. Novy also thanked Dawn Weisz and the County of Marin for all of their hard work and stated that in going through the process of being audited and reviewed, they learned they certainly were doing some things right; however, saw other ways to deepen their shade of green. She indicated they looked forward to sharing this with other San Rafael businesses. SRCC Minutes (Regular) 05/20/2002 Page 7 SRCC Minutes (Regular) 05/20/2002 Page 8 PUBLIC HEARINGS: 21. Public Hearing: CONSIDERATION OF ZONING ORDINANCE TEXT AMENDMENT TO DELETE THE MINIMUM LOT AREA REQUIREMENT FOR BOARDING HOUSES IN COMMERCIAL AND OFFICE DISTRICTS (CD) — FILE10-3 x 10-1 Mayor Boro declared the public hearing opened Principal Planner Kristie Richardson stated the item before Council this evening was a Zoning Ordinance Amendment that would delete the minimum lot area requirement for boarding houses. She explained that the definition of a boarding house includes a single room occupancy unit. Ms. Richardson reported that the Zoning Ordinance Amendment came about in response to a project proposed in downtown San Rafael on a property that included six single -room occupancy units (SRO). She explained that in order to redevelop the project it had to include those six SROs in response to the City's Conservation of Dwelling Units Ordinance. Ms. Richardson indicated that staff realized in order to finance a rehabilitation and retention project such as this, some flexibility was required in order to allow additional market rate rental units in these types of projects. She stated staff believes the text amendment is justified given the City's goal to retain SROs and that the square -footage limitation seems to work against rehabilitation because the expense of such a project outweighs the economic return. Ms. Richardson reported that the Planning Commission considered this proposed text amendment and has recommended approval. Councilmember Cohen inquired as to what else falls under the definition of "Boarding House" which is being encouraged by this amendment. Responding, Ms. Richardson stated she did not believe there was anything other than the traditional "Boarding House" which is a lot similar to a single -room occupancy type project with individual rooms sharing a kitchen or sharing bathrooms. She confirmed for Councilmember Cohen that this would be limited to commercial and office districts. She further confirmed that this type of use requires a Use Permit. Councilmember Cohen stated the other side is some fairly nightmarish experiences in residential areas where people are basically renting out individual rooms in a house, carving up garages to rent, and it has been difficult getting a regulatory handle on this. Ms. Richardson indicated this ordinance would not have any affect on this and explained it was merely making changes in the commercial and office districts. Councilmember Cohen confirmed the City could still require a Use Permit for any increase in residential use in those commercial and office districts. Ms. Richardson stated there are also other entitlements usually required, including Design Review; therefore, those types of projects, together with their aesthetics, would be evaluated through the Design Review process. Councilmember Heller inquired as to how many additional living areas would be added to this project. Ms. Richardson stated the project in question was at 918 and 924 B Street and was adding seven apartments in addition to the six existing units to be replaced. There being no comment from the audience, Mayor Boro closed the public hearing. Regarding the requirements with ABAG (Association of Bay Area Governments) on affordable units, Mayor Boro inquired whether these counted. Ms. Richardson responded negatively and explained they are not considered traditional residential units such as an apartment with kitchen, bathroom and full living facilities. It does not qualify as a residential unit and, therefore, is not required to meet the City's affordable housing requirements; however, it is fairly safe to deduce that by the design of the units they are affordable. With regard to the seven new units, Mayor Boro inquired as to how many would be affordable. Responding, Ms. Richardson stated there would be none as the benchmark is ten units; therefore, should there be more than ten residential units proposed, the project would be required to provide affordable units that were regulated by the City. She explained that the six SRO units are not included in the overall equation. There are seven residential units and six SROs. Mayor Boro stated it appeared to him that perhaps at least one or two affordable units could have been obtained. For other than the SROs, which by design would be less costly, Community Development Director Bob Brown's response was negative. He explained staff would be evaluating the entire Below Market Rate requirements as part of the General Plan and speculated that the recommendation would be to go below ten units, even dealing with fractional units if need be. Mayor Boro agreed, especially when considering charging commercial space to contribute SRCC Minutes (Regular) 05/20/2002 Page 8 SRCC Minutes (Regular) 05/20/2002 Page 9 The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 14 OF THE SAN RAFAEL MUNICIPAL CODE (ZONING ORDINANCE) DELETING THE MINIMUM LOT AREA REQUIREMENT FOR BOARDING HOUSES IN COMMERCIAL AND OFFICE DISTRICTS (ZC 02-01)" Councilmember Heller moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1782 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS: 22. RESOLUTIONS ADOPTING AMENDMENTS TO THE 2001-2002 AND 2002-2003 BUDGETS (MS) FILE 8-5 Assistant City Manager Ken Nordhoff stated this was the first in a series of formal actions to be brought before Council regarding the two-year budget. He recalled ongoing discussions with Council since February evaluating the declining revenues, particularly those economically sensitive. Mr. Nordhoff stated the table in the center of page 2 of the Staff Report illustrates the changes seen in the major tax sources since the budget was adopted in July, 2001. He reported that in February, Council took action recognizing that hotel, sales and property transfer taxes were declining. Some gains were seen in the regular base property tax and vehicle license fees, and approximately $1.5 - million worth of adjustments were made downward to General Fund revenues. Mr. Nordhoff stated that tonight's proposal was to make a further $923,000 worth of corrections, mostly due to further declines in sales tax. He stated the report calls out that the last calendar year finished 4% below the year 2000 and the Christmas Quarter sales, which come in from January through March, were actually down 8.6%, which is fairly significant. Stating that further declines are proposed in current revenues, Mr. Nordhoff stated that because the budget covers two years, staff is looking ahead to next year and making the necessary adjustments, which are just short of $3 -million in declines of revenues. These, he stated, are fairly significant decreases compared to less than twelve months ago. As part of that action, Mr. Nordhoff stated staff is recognizing the consequences, particularly looking ahead to the next year's budget. Wisely, he noted, Council set aside an additional $1.6 -million reserve, which was an additional 5%, in anticipation of some declines in the economy. He anticipated seeing most of this disappearing by the end of this year and, therefore, this evening's proposals are items considered at the Special Study session on May 6, 2002, and are a combination of increasing revenues, approximately $227,000, and reducing some costs for various program areas by approximately $700,000. Mr. Nordhoff indicated the specific service issues were detailed in a separate attachment to the staff report. Mr. Nordhoff recommended the adoption of both Resolutions. This action will affect the 2002-2003 budget by closing a $1.5 -million projected gap by approximately $936,000. Council and Staff would proceed to a further Special Study Session at the conclusion of this meeting to evaluate some options to further reduce this gap. Mr. Nordhoff reported that the May "Revise" of the Governor's budget has been released and none of the information as it impacts the particular finances for the City or Redevelopment Agency has been considered as part of this report. Under Expenditures on Page 3 of the Staff Report — Police Department — Councilmember Phillips noted this action memorializes the current practice of over -hiring in authorized positions, and to ensure no misunderstanding, he requested that Assistant City Manager Nordhoff expand on the reference to over -hiring. Mr. Nordhoff explained that the City Council for a number of years has had a practice of authorizing a number of Police Officer positions, and because of the time involved in recruiting these officers, putting them through the Academy and training them, it takes approximately nine months before they can become productive Police Officers. Therefore, he stated, the practice has been to continually endeavor to hire more personnel than authorized to keep the cycle moving. He added that four to six officers per year are lost due to turnover, retirement, etc. Mr. Nordhoff reported that Council took an action on this in February, 2002 in the budget, and authorized the six additional positions, which was hiring practice over the past several years. He indicated that the action SRCC Minutes (Regular) 05/20/2002 Page 9 SRCC Minutes (Regular) 05/20/2002 Page 10 looking ahead into the next fiscal year continues that authorization. Councilmember Phillips emphasized that it was not hiring more individuals than needed, rather hiring to satisfy the need identified. Mayor Boro inquired what impact, if any, this had on overtime. Responding, Assistant City Manager Nordhoff stated staff anticipates somewhere down the road it will be possible to reduce overtime costs, as soon as staffing is fully filled. He indicated it was difficult at present to estimate what this is; however, staff would return in January when conducting the next interim review of the budget, and be in a position to identify the results having been in practice for approximately nine months. He believed there was a possibility to reduce this cost downstream. Concerning the Revenue Projections for the next fiscal year, Mayor Boro inquired whether they were based on historical facts or on today, with a slight increase. Explaining, Mr. Nordhoff indicated there was a combination of elements: Historical trends; Analysis done by a third -party consultant who reviews the information for the City; Taking into consideration where opportunities present themselves for new development; therefore one of the elements factored in is some growth in auto sales, e.g., the opening of the new GM Dealership; albeit this will not happen in July, rather the tail end of the next fiscal year, which would bring an increase in car sales tax. Mayor Boro stated it was not taking an assumption of two years ago and adding to it, rather realistically looking at sales tax as it is today and going forward. Agreeing, Mr. Nordhoff stated future estimates have been paired down to what is actually seen, based on results today. Referring back to the Police positions, Councilmember Heller inquired whether all of these positions were filled. City Manager Gould indicated that for once there was full staffing. Police Chief Michael Cronin agreed there was full staffing and the Department was probably in better shape presently than heretofore. He indicated that the Workers' Compensation experience has improved, with merely three people presently on disability, compared to ten to twelve a year ago. He reported that every position allocated to the Police Department for Patrol Officers was filled, with two exceptions. Explaining, he confirmed the personnel have been selected; however, simply not hired as yet, as they go to the Academy in July. He further reported that overtime is declining significantly and the Police Department is providing better service and is in a better position to respond than it has ever been. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolutions. RESOLUTION NO. 11105 — RESOLUTION AMENDING THE 2001-2002 BUDGET (To Reduce General fund Revenues by $923,100) RESOLUTION NO. 11106 — RESOLUTION AMENDING THE 2002-2003 BUDGET (To Provide a Reduction of $2,949,553 of General Fund Revenues as Presented in Exhibit II, An Additional $1,180,298 for General Fund Expenditures as Presented in Exhibit III, and $227,000 of Revenue Enhancements and $709,000 of Appropriation Reductions as Presented in Attachment A) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 05/20/2002 Page 10 SRCC Minutes (Regular) 05/20/2002 Page 11 COUNCILMEMBER REPORTS: 23. a) St. Mark's School re: Traffic: - File 11-1 x 10-5 (Verbal) Councilmember Phillips announced he had been in contact with Damon Kirby, Headmaster at St. Mark's School, and would be meeting with him hopefully, over the next couple of weeks regarding traffic, and would report back to Council. There being no further business, the City Council meeting was adjourned at 9:16 p.m. to a Special Study Session regarding Budgets, followed by the continuation of Closed Session. At the conclusion of the Closed Session at 11:30 p.m., Mayor Boro announced that no reportable action was taken on items 1.b) and 1.c). JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12002 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 05/20/2002 Page 11