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HomeMy WebLinkAboutCC Minutes 1994-01-18SRCC MINUTES (Regular) 1/18/94 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 18, 1994, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 94-2 (a) - #1 - Leslie K. O'Toole v. City of San Rafael, San Rafael Fire Depart- ment, Keith Schoenthal, Robert Marcucci and DOES 1- 50 No reportable action was taken. No. 94-2 (b) - #1 - California Department of Fair Employment and Housing, and Maria Sheila A. Rodriguez v. City of San Rafael, Robert J. Pendoley, Delimont and Jean Hasser No reportable action was taken. No. 94-2 (c) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 18, 1994, AT 8:00 PM Regular Meeting: Present: Albert J. Boro'Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David Zappetini, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE RE: NEEDLE EXCHANGES IN ALBERT PARK - File 13-1 X 9-3-66 Steve Patterson, co-chair of the Federation of San Rafael Neighborhoods expressed concern about needle exchanges in Albert Park. Mr. Patterson stated that he addressed the Council a month ago, but the activity continues, and the citizens of San Rafael want full owner- ship of their parks. He stated that needle exchanging needs to stop now and the parks designated as drug-free zones. He asked that alternative sites for needle exchanges be investigated. Police Chief Bob Krolak stated he had spoken with both Dr. Tom Peters of the County Health Department and Allison Taylor who is also involved in the needle exchange. Ms. Taylor assured Chief Krolak that needles are no longer being exchanged in the park, but she has been going to the park without needles to direct people where to go for needle exchanges. Councilmember Thayer asked if there is any way the foot patrol could monitor the situation to make sure needles are not being exchanged, noting the Council previously made it clear that although they supported the concept of needle exchange, they did not want it occur- ring in City parks. Chief Krolak explained that the needle exchanges normally occur after the foot patrol is off duty and repeated that Dr. Peters and Ms. Taylor have assured him that needle exchanges are no longer occurring. He stated that Dr. Peters expressed an interest in working with the City to come up with alternative sites because no plan has been formulated with the County as to how to go about this program. Mayor Boro reiterated that Ms. Taylor's information program is to be held somewhere the County has jurisdiction, and not in our parks because whether or not they are exchanging needles or just information, the perception will be there. Councilmember Cohen asked Chief Krolak if Dr. Peters and Ms. Taylor indicated they intended to be in the park to inform people where to go? Chief Krolak answered that they did since the program had been run from Albert Park originally, and it would take time to direct people to a new location. Mr. Cohen asked when Dr. Peters and Ms. Taylor would stop going to the park on Saturday nights? Chief Krolak explained it was his understand- ing that as soon as they SRCC MINUTES (Regular) Page 1 SRCC MINUTES (Regular) 1/18/94 Page 2 got the word out, they would no longer be at the park. Mr. Cohen pointed out that if Albert Park is the gathering place, it has the same negative affect whether needles are being exchanged or not. Mr. Cohen asked that a police officer go to the park next Saturday night to see what is going on. Chief Krolak agreed to that. Mayor Boro stated if Dr. Peters or Ms. Taylor are at Albert Park Saturday night they can direct people to the new location for the following Saturday night since it is reasonable that after this long, they should have another location picked out. RE: POLICE DEPARTMENT RADIO SYSTEM - File 4-2-242 x 9-3-30 Corporal Dan Hanlon, President, San Rafael Police Association, stated that the police radio system is lacking quality, dependability and the confidence of the Association to work when needed. He noted that the system has not functioned properly since it went on line in the Spring of 1991. The computer software has been changed and a new underground cable has been placed to the transmitter, but there have been no improvements to the problems. Corporal Hanlon stated that at times, dispatchers cannot broadcast messages due to the system "locking up". Due to the continued poor performance of the radio system, the San Rafael Police Association, supported by a vote of 100% of the dispatchers and members assigned to the patrol bureau and an overall 95% of all members, presented to the Council a vote of no confidence in the system and requested that the repair or replacement of the system be given a high priority. Corporal Hanlon stated this is a safety issue, not only to the police officers, but to the community as well. Mayor Boro stated that Chief Krolak has spoken to the Council regarding this issue, and they are aware of the problems. He noted representatives from the manufacturer were present at the meeting this evening, and technicians will be here next week to address these problems. Mayor Boro expressed the need for the users, the Chief and the vendor to work together. He stated that Chief Krolak is working on a plan to identify and priori- tize the issues and to work first on those that are truly life threatening. Corporal Hanlon noted that the Association is not pointing fingers or placing blame and knew that the Chief is as frustrated with the situation as the Association is, but is asking the Council to make it a priority. Mayor Boro stated that it is a top priority. Councilmember Zappetini asked if there was a time frame as to how long the repairs will take? Chief Krolak stated that a list of the problems has been sent to E.F. Johnson and they have asked when they expect to have them completed. He noted that when the techni- cians arrive, they will sit down together to develop a plan and will provide that to the Council. Mayor Boro asked that Chief Krolak come back to Council with the timelines so they can be monitored. Councilmember Cohen stated that they are still struggling with the scope of the problem after his two years on the Council, agreeing that it must be a priority and asked that if we, within the City, have agreed to what the problems are. Chief Krolak stated that he believes there is agreement as to the problems. Councilmember Thayer asked if the radio system is under warranty. Chief Krolak stated the warranty period has expired, but the company continues to work with them. Ms. Thayer asked if we have to pay extra for that, and Chief Krolak answered that we did not. RE: COMPLAINTS - File 100 Irving Litchfield, resident of San Rafael, stated that he has gotten no answers to ques- tions he has brought before the Council many times. He passed out copies of plans for some of the downtown buildings and copies of claims against the City and once again voiced the following concerns: a. Bermuda Palms has been available free for the homeless for 3 years, but it has been closed down because there are not enough parking spaces. b. He believes many of the buildings on Fourth Street and the Council Chambers are unsafe and stated this is especially important in light of the recent earthquake in Los Angeles. C. Parking meters on Fourth Street passed C Street are outside the Parking District area and therefore are illegal. The money collected from those meters should not be going to the City, nor should cars be towed from those spaces which could lead to lawsuits. d. The Sanitary District is illegally charging the residents of San Rafael. Mr. Litchfield stated that the current Council was voted in because the people of San Rafael wanted a change, and he feels it is time for the changes to start occurring. SRCC MINUTES (Regular) Page 2 SRCC MINUTES (Regular) 1/18/94 Page 3 CONSENT CALENDAR Councilmember Cohen moved and Councilmember Zappetini seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Joint Budget Approved as submitted. Meetings of July 7, 8 and 12, 1993 4. Loch Lomond Unit 10 - Resolution Accepting RESOLUTION NO. 9079 - ACCEPTING Storm Drain Easement from Roland and Dora GRANT OF EASEMENT FOR CONSTRUCTION Johnson (PW) File 2-4-17 x 5-1-297 AND MAINTENANCE OF STORM DRAIN - ROLAND AND DORA JOHNSON (AP #16- 121-10) 6. Denial of two Appeals Re: 91 Bret Harte Lane: (P1) File 10-7 x 10-4 a. Resolution Denying Appeal of Planning Com- RESOLUTION NO. 9080 - DENYING THE mission Decision of June 29, 1993 Re: APPEAL OF THE PLANNING COMMISSION Conditional Approval of ED93-20, Environ- DECISION OF JUNE 29, 1993, RE: mental and Design Review Permit for a CONDITIONAL APPROVAL OF ED93-20, Single Family Residence Located Within 100' ENVIRONMENTAL AND DESIGN REVIEW PER - of a Ridgeline; 91 Bret Harte Lane; Sherrod MIT FOR A SINGLE FAMILY RESIDENCE and Sharon Hixon, Owners; Harvey and Marilyn LOCATED WITHIN 100' OF A RIDGELINE; Rich, Appellants; AP No. 13-263-16 91 BRET HARTE LANE; SHERROD AND SHARON HIXON, OWNERS; HARVEY AND MARILYN RICH, APPELLANTS; AP NO. 13-263-16 b. Resolution Denying Appeal of Planning Com- RESOLUTION NO. 9081 - DENYING THE mission Decision of October 26, 1993 Re Approval of V93-9, Variance to Front Yard Setback for a Single Family Residence; Bret Harte Lane; Sherrod and Sharon Hixon, Owners; Harvey and Marilyn Rich, Appellants HARTE AP No. 13-263-16 APPEAL OF THE PLANNING COMMISSION DECISION OF OCTOBER 26, 1993, RE: 91 APPROVAL OF V93-9, VARIANCE TO FRONT YARD SETBACK FOR A SINGLE FAMILY RESIDENCE; 91 BRET LANE; SHERROD AND SHARON HIXON, OWNERS; HARVEY AND MARILYN RICH, APPELLANTS; AP NO. 13-263-16 7. Resolution Authorizing Extension of Agreement RESOLUTION NO. 9082 - AUTHORIZING with San Rafael Goldenaires for Period of Three THE SIGNING OF A CONTRACT, LEASE OR Years, Commencing 1/1/94 thru 12/31/97 (Rec) AGREEMENT WITH THE SAN RAFAEL File 4-10-149 GOLDENAIRES (For period of three years, commencing January 1, 1994 through December 31, 1997) and AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Heller and Zappetini from minutes of July 7, 8, 12, 1994 only, due to nonattendance at meetings. The following items were removed from the Consent Calendar for discussion: 3. AUTHORIZATION TO CALL FOR BIDS - CASTRO AVENUE FIRE STATION DRIVEWAY REPLACEMENT (PW) - File 9-3-31 Councilmember Heller asked if this was a budgeted expense and what the SRCC MINUTES (Regular) Page 3 SRCC MINUTES (Regular) 1/18/94 Page 4 Enhancement Project Revenue Account was. Public Works Director David Bernardi answered that it was a budgeted item and the Enhancement Project Revenue Account is revenues we received when we sold the Blue House to the Redevelopment Agency. City Manager Nicolai stated the funds were set aside for capital projects, and this was one of them that we decided to use the money for. Councilmember Heller moved and Councilmember Cohen seconded, to approve the staff recommendation to call for bids for Castro Avenue Fire Station Driveway Replacement. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH NORTHGATE III PARTNERS AND EDM INVESTMENTS MERRYDALE OVERCROSSING PROJECT (PW) - File 4-3-263 x 2- 2 Councilmember Thayer asked what the timeline is for the project. Public Works Director Bernardi stated we are now completing negotiations with CALTRANS for the modification of the cooperative agreement between CALTRANS and the City. Currently, it calls for CALTRANS to do all of the contract administration. Because of some of the requirements they have made on revisions to the plan as a result of discussions with EDM and Northgate III Partners, the revisions would have cost more than the actual work, so the decision on our part was to have the City perform the contract administration and handle the minor changes with a change order as the project goes forward. Mr. Bernardi stated he anticipated that will be done and brought before the Council within the next month; then once that is done, they will be calling for bids within two weeks. Ms. Thayer asked how long it will take to construct the overcros- sing. Mr. Bernardi stated that it would take about 14 months. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the Resolution authorizing execution of agreements with Northgate III Partners and EDM Investments for the Merrydale Overcrossing Project. RESOLUTION NO. 9083 - AUTHORIZING THE SIGNING OF SETTLEMENT AND EASEMENT AGREEMENTS WITH EDM INVESTMENTS AND NORTHGATE III PARTNERS FOR THE MERRYDALE OVERCROSSING PROJECT AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None 8. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 10.85 ENTITLED "POLICE TOWING ROTATION SERVICES" (PD) - File 9- 3-30 x 11-8 Mayor Boro declared the Public Hearing opened. Police Lieutenant Thomas Bold, stated this issue had been brought before the Council approximately three months ago, at which time the Council had concerns. Lt. Boyd noted that in 1978 the previous Police Rotation Towing Services Ordinance (10.85) was repealed. Since that time there have been a few problems, and they felt it would be best to go with an Ordinance again to provide proper control for the rotation opera- tions. The new Ordinance deals with levels of insurance, performance bonds for new permitees, performance standards for the towing companies, revocation process and setting fees by the Council on an annual basis. Councilmember Heller stated that we routinely charge a fee if someone appeals a Council or Planning Commission decision and asked if it would be appropriate to do the same for towing companies. City Manager Nicolai stated that although we have specific fees related to appeals in the Planning process, we do not charge for most other appeals. Mayor Boro asked how often do we have appeals by the towing company, and how expen- sive are they to process? Lt. Boyd stated we probably will not have any appeals based on the performance of the tow contractors. Councilmember Zappetini asked if the $1 million insurance was per occurrence or was it total? Lt. Boyd answered that it was total liability insurance SRCC MINUTES (Regular) Page 4 7 SRCC MINUTES (Regular) 1/18/94 Page 5 and noted it was about double what they had under the old Ordinance. He stated it was raised to $1 million to reflect inflation and increased liability issues. Mr. Zappetini asked how many tow companies there are? Lt. Boyd answered that there are three on the rotation tow list. Councilmember Thayer asked if what is being considered are the six items included in the new Ordinance? Lt. Boyd stated some of the issues that were addressed after the first reading were; consideration of hazardous material transportation from collision sites, truck inspections, fee scheduling, bond issues, records checks and release times. The current companies felt they should not be required to put up a $5,000 bond, and it was negotiated down to $1,000 for new permitees for one year. Irving Litchfield, San Rafael resident, stated that the parking that is outside the City limits should be brought into the City parking district. He noted that if a tow truck tows cars away that are outside the City limits, the City will be liable for lawsuits, and there are already 160 claims against the City. Mr. Litchfield advised Council that, along with passing this Ordinance, they also should pass an Ordnance to get the parking district to include all of San Rafael. Mayor Boro thanked Mr. Litchfield for his concern and closed the Public Hearing. Mayor Boro asked Lt. Boyd what the current arrangement is for abandoned vehicles? Lt. Boyd stated that two months ago the Council approved entering into contracts with individual tow companies. Those contracts are ready to go; however, they have held off until this process is solidified so it can all be done at the same time. All three contractors have agreed to tow abandoned vehicles. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 10.85 ENTITLED 'POLICE ROTATION SERVICES'." Councilmember Cohen moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1658 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARING - CONSIDERATION OF REQUEST FROM MARIN SANITARY SERVICE FOR 1994 RATE INCREASE FOR REFUSE COLLECTION AND RECYCLING (FIN) - File 4-3-32 Mayor Boro declared the Public Hearing opened. Finance Director Ransom Coleman recommended that there be no increase in the rate for 1994. Mr. Coleman explained that each year the five franchising agencies meet with Marin Sanitary Service and with an independent consultant, and they are in agreement that no rate increase is required, noting that the cost of recycling continues to increase while the cost of garbage collection declines. Mr. Coleman noted we selected a new consultant this year (Hilton Farnkopf and Hopson) and are now in the process of determining how to proceed in the future. The plan at this time is to hire the consultant next year to do a full in-depth survey of Marin Sanitary, establish a base rate, and then the next two years do an indexing. Mayor Boro explained that this item had been noticed previously because at the time, it was thought there would be an increase in the rates. Subsequent to the noticing, we found out that no increase would be necessary, but the process was continued since the item had been noticed. Patty Gabarino, President, Marin Recycling, stated she would be happy to answer any questions. She stated they look forward to moving ahead with a program for household hazardous waste and shortly thereafter working with the Fire Department on hazardous waste collection. Mayor Boro stated that he was impressed that for two years in a row, there has not been a rate increase. Mayor Boro closed the Public Hearing. SRCC MINUTES (Regular) Page 5 SRCC MINUTES (Regular) 1/18/94 Page 6 Councilmember Cohen stated he saw a large article in the newspaper about two weeks ago stating the rates would go up and hoped that the press would report on this to the same degree. Mr. Cohen stated that perhaps we could send a letter pointing out that the rates have not gone up for two years. City Manager Nicolai agreed. Councilmember Cohen moved and Councilmember Thayer seconded, to accept the report. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCIL CONSIDERATION OLD BUSINESS 10. CREATION OF CITIZENS ADVISORY GROUP FOR CALTRANS (CM) - File 9-2-47 x 11-16 City Manager Nicolai recommended that the Council be clear that the Citizens Advisory Committee will be used with regard to all CALTRANS projects occurring in San Rafael. Their primary goal will be to monitor the projects, to insure proper noticing to all people affected by the projects, to insure adequate types of hearings and to monitor the format of the hearings, and to insure that we get the best deal for those issues affecting San Rafael. It should also be made clear to the Committee that they are not the policy- making group, the Council will make the policy, then the Committee will monitor the progress. Ms. Nicolai also recommended that there be 7 people on the Committee, that applications be called for as on other advisory groups, and a date be set for interviews. Mayor Boro asked Ms. Nicolai if she saw this group acting with other jurisdictions. Ms. Nicolai said it would be a challenge to make that work unless it was like the Congestion Management Group which is a county -wide transportation group, especially if the charge of the San Rafael Citizens Advisory Group for CALTRANS is to make sure San Rafael gets the best deal possible. Councilmember Zappetini asked if there has been any response so far. Ms. Nicolai stated that Bob Cooper is the person who has asked the Council to consider this issue, but there has not yet been a call for applications. Ms. Nicolai stated she feels it is important to get people who have a fairly broad view of the issues and do not have a personal agenda. The real issue is to focus on process and to support the Council and the projects. Mayor Boro stated that CALTRANS should be involved with the Committee and make sure there is an understanding with CALTRANS as to what the individual roles will be. Councilmember Zappetini asked how involved this will be as far as staff time. Ms. Nicolai stated that the Public Works Department will be the one to staff it, and we would need to be careful that it does not become a whole workload in and of itself. Councilmember Heller stated she felt there would be a lot of community interest in the Committee. Councilmember Cohen stated that while the Committee may be charged with "getting the best deal", they should remember that they will only be making recommendations to the Council, who will ultimately make the decisions. Mayor Boro stated an important function of the Committee is to make sure that all of the alternatives of any issue are examined. Bob Cooper, San Rafael resident, thanked the Council for insisting that CALTRANS hold a second meeting on December 7, 1993 and invited the public. Mr. Cooper stated that CALTRANS has had other Citizens Advisory Groups, and he feels the Committee would be very helpful for both the community and CALTRANS in setting up informational meetings to discuss issues such as landscaping, relocating people who will be relocated if a project goes through, reflective noise, etc. Mr. Cooper said he would also like to see a newsletter published. He noted that regarding staff time, the burden should be on CALTRANS, and not on City staff to come up with answers. Based on other communi- ties who have a similar Citizens Advisory Group, Mr. Cooper recommended having bimonthly meetings. Councilmember Heller recommended sending a letter to all the neighborhood groups re- garding the establishment of this Committee. Mayor Boro suggested notifying the North San Rafael Coalition of Residents and the Federation of SRCC MINUTES (Regular) Page 6 11 SRCC MINUTES (Regular) 1/18/94 Page 7 San Rafael Neighborhoods and ask them to notify the individual groups, as well as the Marin Independent Journal and Newspointer. Charles Stuckey president of the Dominican Black Canyon Neighborhood Association, stated that although their association had not taken a vote on this matter, they have discussed months what course they will take because they are directly impacted. They are in favor of an Advisory Committee. Mr. Stuckey stated that no one from CALTRANS who was at the December meeting will be with the project past June, 1994, and because of that they have no influence on what will happen. Mr. Stuckey stated that the most senior man stated the decisions would be made by an outside consultant to be defined at some later date. If the City does not unify with an Advisory Committee, the result will be neighborhood fighting neighborhood. He said that without a Committee, CALTRANS will get their way, which will result in many lawsuits. Councilmember Thayer moved and Councilmember Cohen seconded, to create a Citizens Advisory Group for the Caltrans project and approved calling for applications. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RESOLUTION APPROVING LOAN AGREEMENT FOR 1 "H" STREET AFFORDABLE HOUSING PROJECT (RA) - File 4-10-274 x 13-16 Redevelopment Agency Assistant Executive Director Jake Ours stated that this item has two parts, 1) the form of the loan agreement for 1 "H" Street which is being brought back because the original loan did not have the prevailing wage clause; 2) a prevail- ing wage policy for subsequent projects. Mr. Ours stated that at this time, the contracts on this project have already been let, and it would be extremely difficult to change or add a prevailing wage clause to that. He referred to a letter from Lee Rosenthal, Redevelopment Agency Attorney, regarding a future policy, which indicated State law would allow the prevailing wage, but he had reservations about certain Federal laws which he felt would not. Mr. Ours stated there is currently a case being heard on appeal, and Mr. Rosenthal felt it would be better to wait until the trial is finished to find out what the Federal Court is going to rule. Mr. Ours recommended tonight to go forward with the form of the loan agreement without the prevailing wage clause, then to wait on a policy statement. Councilmember Cohen stated that since the contracts on 1 "H" Street have already been let, from a practical standpoint it would not be feasible to insert prevailing wage requirements into that loan agreement. Mr. Cohen stated that he talked with Mr. Rosenthal today and disagrees with Mr. Rosenthal's conclusion, noting that the pending case is not really pertinent. Mr. Cohen stated that the appeal is a much broader policy action and of a different nature, and, therefore, recommended that instead of tying our action on the outcome of that case, he would like the oppor- tunity to work with Mr. Rosenthal and the City Attorney to determine whether we could come up with a policy that would satisfy Mr. Rosenthal's concerns and allow us to get more clarity on the issue. Mr. Cohen asked that this be referred back to staff. Councilmember Thayer stated she found some inconsistencies in the legal logic that was used because it was pointed out in the report that the legislature has, on occasion, established programs for assistance for private projects. She believes the argument would be equally applicable if the logic of this report was followed. She stated that the National Labor Relations Act (NLRA) and the Employee Retirement Income Security Act (ERISA) would preempt State prevailing wage law, and yet that has not happened or has not been challenged. Councilmember Cohen stated the NLRA exemption does not apply to regulating particular projects, and there is no clear decision on the ERISA exemption. Mr. Cohen felt the cases sited in Mr. Rosenthal's letter do not shed any light on the subject, and he asked for an opportunity to pursue that. Councilmember Zappetini asked how we know that the money we are lending for this project is being paid for labor, rather than for materials or other expenses? Mr. Ours stated we do not know. Mr. Zappetini stated that if the contractor said they were going to use the money for merchandise only, the whole problem could be av avoided. SRCC MINUTES (Regular) Page 7 SRCC MINUTES (Regular) 1/18/94 Page 8 Councilmember Thayer asked why this is a loan from the City and not coming under the purview of the Redevelopment Agency? Mr. Ours stated it is outside the boundaries of the Redevelopment Agency, and the fund source is not Redevelopment Agency money. City Manager Nicolai indicated that the funds were from a housing fund where an in -lieu fee was deposited by someone who removed a housing unit; now we are going to use that; it is City money, and therefore does not fall under the same restrictions. Councilmember Heller moved and Councilmember Thayer seconded, to adopt the Resolution approving the execution of the Loan Agreement for 1 "H" Street as discussed. RESOLUTION NO. 9084 - APPROVING AND AUTHORIZING EXECUTION OF A LOAN AGREEMENT PRO- VIDING FOR A CITY LOAN OF $100,000 TO 1 "H" STREET ASSOCIATES IN CONNECTION WITH AFFORDABLE HOUSING PROJECT LOCATED AT 1 "H" STREET IN SAN RAFAEL, CA AYES: COUNCILMEMBERS: Heller, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Cohen Thayer, Zappetini & Mayor Boro Mayor Boro stated that the second half of the item has to do with establishing policy regarding prevailing wage, noting this issue should be looked at broadly because there have been other opportunities where the City has been a funding agency for certain activities where we have used volunteers or contractors using City money as "seed money" and made it grow. Mayor Boro stated we should make sure that in the process of trying to determine policy on prevailing wages, that we do not in any way block an opportunity to have that continue. Councilmember Cohen moved and Councilmember Zappetini seconded, to refer the estab- lishment of a prevailing wage policy back to staff for further legal research. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS CITY COUNCIL REPORTS: 12. APPEAL OF DENIAL OF ONE-WAY CONVERSION OF RAFAEL DRIVE (PW) - File 11-15 x 11-1 x 9-3-40 Public Works Director Bernardi explained that a few months ago the Public Works Department received a request from the Principal of Coleman School to divert a portion of Rafael Drive to a one-way street which was supported by the Dominican/ Black Canyon Neighborhood Association and the Coleman PTA. Mr. Bernardi stated that the Traffic Coordinating Committee felt it was inappropriate to convert Rafael Drive to one-way status. In determining this, the Assistant Traffic Engineer conducted a survey of the neighborhood. The survey results indicated 20 did not approve, and 15 did approve making Rafael Drive a one-way street. Mr. Bernardi noted the survey was sent to more people than on that portion of Rafael Drive that would be converted to one-way because the whole area would be affected by a slight increase in traffic. Mr. Bernardi stated that one-way in a westerly direction would eliminate the backing up movements that are often observed due to insufficient street width in heavy westbound traffic. This would reduce the possibility of accidents involving vehicles that block student crossing. The negative impact would be that the residents who live on that portion of the street would always be dealing with the one-way 24 hours a day. Mr. Bernardi stated that staff does not recommend part-time one way because it creates a dangerous situation and is too confusing. Mr. Bernardi suggested other options be pursued, such as consideration of moving the parking spaces in the middle of the existing parking lot and widening the driveway so the drop-offs could be accommodated on-site, eliminating the need for making it one-way. Another suggestion is to provide a pick up and drop off area on the other side of the existing bus stop. Another option would be as St. Raphael's Grammar School did, to widen a portion of the street a sufficient width to accommodate cars to pull out of the street to drop off and pick up kids. He indicated a cost estimate of $5,000-$8,000. Mr. Bernardi stated St. Raphael's paid for the improvements on the street, and the City provided all of the engineering costs for the project. In summary, Mr. Bernardi recommended that the conversion of Rafael Drive to one-way not be approved and that other options be pursued that are more appropriately dealt with by SRCC MINUTES (Regular) Page 8 SRCC MINUTES (Regular) 1/18/94 Page 9 the school rather than the City solving the problem. Colleen Ferguson, Chairperson of the Coleman School Site Council and representative of the Board of the PTA, stated that both organizations strongly support the conver- sion of Rafael Drive to a one-way street. She read a letter from a parent who wrote of the hazards of dropping off children at Coleman School. She asked that the Council act as advocates for the safety and well being of the children of San Rafael. Charles Stuckey President of Dominican/Black Canyon Neighborhood Association, stated that although there are many alternatives to a one-way street, the one-way conversion is a simple alternative that may work very well, noting the real issue is children's safely versus convenience. Mr. Stuckey stated that if a child had already been injured being dropped off at school, the Council would not hesitate to make Rafael Drive a one-way street; and he is asking the Council to approve the one-way street before an accident happens. Mr. Stuckey stated that on 11/10/93, the Department of Public Works indicated the Traffic Coordinating Committee had investigated the request and recommended the conversion depending on the outcome of the survey. Mr. Stuckey challenged the survey, noting the only people surveyed were those people in the traffic pattern that the Assistant City Traffic Engineer thought would be subject to increased traffic. Those subject to reduced traffic were not surveyed. He stated three of the twelve houses on the block are either for sale or will be for sale in the near future, so if the street changes to one-way, it will be no change to the new residents. Mr. Stuckey stated if the trend in the neighborhood holds, the people buying those houses will probably have small children who will attend Coleman School. He said most of the suggestions of the Traffic Coordinating Committee would require the school to spend much more money than it would cost the City to put up one-way street signs. Converting the parking lot to a turnaround would put the teachers onto the side streets, and the neighbors would complain about the added parking on those streets. Mr. Stuckey stated the recommendation to pick up and drop off on Belle Avenue was dismissed as impractical in the 12/23/93 memo issued to Mr. Bernardi by the Assistant Traffic Engineer. Another option was to stagger starting and finishing hours which would not be practical. Mr. Stuckey indicated the Traffic Committee supported the one-way conversion before the survey, then withdrew their support based on their own political findings. He reminded Council this is supported by the Neighborhood Association, the PTA, the school administration and the Site Leadership Team. John P. Cunningham, 35 year resident of Rafael Drive, stated that he is against con- verting Rafael Drive to a one-way street and noted that the Rafael Drive residents are not a part of the Black Canyon or Dominican Neighborhood Association, but a part of the Rafael Gardens Neighborhood Association. He stated they have not been solicited or asked their opinion by any neighborhood association. Mr. Cunningham stated that on his end of Rafael Drive, there are 26 residents, with ages from 65 to 97 years. Average occupancy of those residents is 39 years, some as long as 55 years on Rafael Drive. Because of this, there will be a big turnover in residents in the next few years, which means more children on this block. This will create more pedestrians on a street that has no sidewalks. Mr. Cunningham stated that on his end of Rafael Drive there are three 90 degree curves plus a hill which makes visibility very difficult. He felt that if the parents did not stop in the middle of the street to drop off and pick up children, they would be much safer. He noted that the time involved is 1/2 hour a day x 180 days a year, or 90 hours a year that the traffic is a problem. Mr. Cunningham stated that residents as far as a mile away should not be making the decision that will affect the residents on Rafael Drive. Ken Cochran, resident of 55 Rafael Drive, lives on the portion which would not be affected by the one-way section. He stated that since Rafael Drive has no sidewalks and the radius of the turns is so tight, especially if a car or two are parked, anyone driving on the street is forced into the middle of the street. If the bottom section is converted to one-way, it will increase the traffic. Ross Melanson, 69 Rafael Drive, stated he believes the best alternative is to widen the sidewalk in front of the school as was done at St. Raphael's. To make Rafael Drive a one-way street will increase the traffic. Chris Cervelli, 66 Rafael Drive, stated there is difficulty making turns on Rafael Drive because the street is so tight and also backing out of the driveway is diffi- cult because of speeding on the street. He feels if the street is converted to one-way, it will increase the traffic which will increase the chance of danger to the children, noting one-way streets tend to increase speed rather than to reduce it. He recommended adding the SRCC MINUTES (Regular) Page 9 13 SRCC MINUTES (Regular) 1/18/94 Page 10 sidewalk in front of the school. Judy Colton, Principal of Coleman School, stated that the traffic is continually a problem in front of the school. She stated they have tried to minimize or eliminate the danger for the children by making sure the parking lot is totally available for staff and removing all cars from the street, although because of the size of the parking lot that is not possible. Ms. Colton stated they keep in constant communica- tion with the parents through newsletters. She stated that traffic is a problem longer than 1/2 hour a day, noting it is approximately 1/2 hour in the morning, again at mid-day because of kindergarten, and after school. There is also on-site daycare available with the pick-up and drop-off site being on Belle Avenue. Ms. Colton stated that she strongly supports converting Rafael Drive to a one- way street before there is an accident. Mayor Boro stated that his concern is not whose responsibility this is but is the solution going to work. Mayor Boro stated he and Mr. Bernardi visited the area this morning and saw a car going west in the second lane, and a child got out and ran across. He stated he believes that kids will dart through traffic regardless if it is one-way or two-way traffic. Councilmember Cohen stated that the main issue is public safety, noting that he is not convinced that converting Rafael Drive to a one-way street will solve the problem of children darting between cars and people double parking. He stated we should get beyond pointing fingers about whose responsibility it is and where the money will come from but to look at the best solution to the problem. Councilmember Zappetini stated that if Rafael Drive is converted to a one- way street, it will not relieve congestion, and will increase the speed of the traffic. Councilmember Heller stated she does not feel it is appropriate to inconvenience the whole neighborhood to solve this. Councilmember Thayer stated she did not want to make a decision that would pit one neighbor against the other. She suggested staff try to determine a safe drop-off area other than the street. Mayor Boro suggested we look at the five spaces in the middle of the parking lot and use the right -of way on Belle Avenue for staff parking beyond the bus pick-up and to reconfigure the lot so there would be an in and out and any other ideas that the parents and neighbors might have. Mayor Boro directed that this item be carried over and brought back to Council as quickly as possible. Councilmember Cohen added that Mr. Stuckey raised the issue of signage in his letter, and suggested we look into adding signs and to incorporate that as part of the solution. CONSIDERATION OF ENDORSEMENT OF "THREE STRIKES AND YOU'RE OUT" CRIME -CONTROL INITIATIVE (CM) - File 9-1 x 9-1-2 City Manager Nicolai stated that Fielding Greaves approached the Council at the last meeting, asking to add to the agenda the issue of the "Three Strikes and You're Out" initiative. Ms. Nicolai questioned whether the Council should take a position on it, noting it has been a policy in the past not to put issues on the agenda for Council action that are not specifically within their purview of responsibility. She believes we should stick to the business of San Rafael. She stated that she in no way precludes the Council as individuals from expressing their opinions on this issue. Mayor Boro stated that the recommendation made sense, and since we have a new Council, they should affirm the past position or change the position. Councilmember Cohen stated that we should accept the recommendation and reaffirm the existing policy. He stated that the Council has more than enough business to attend to, and we should not comment on every issue that comes up on a State or Federal agenda over which we have no control or authority. Councilmember Thayer stated that she does not agree with this recommendation because she feels we should not have a policy that precludes consideration of issues, especially when they are important such as this one regarding crime. Councilmember Heller stated she agreed with the recommendation of the City Manager, and feels we should only deal with those local issues directly SRCC MINUTES (Regular) Page 10 14 SRCC MINUTES (Regular) 1/18/94 Page 11 affecting the City. Councilmember Zappetini agreed with the "Three Strikes You're Out" initiative, but stated it is not the Council's responsibility. Mayor Boro agreed with the City Manager's approach as far as our position as a Council and stated he personally supports the concept of the initiative. Fielding Greaves, resident of 20 Eucalyptus Lane, stated he disagreed with Ms. Nicolai's assessment that the Council should not comment on State-wide initiatives as being a matter that is outside the normal policy of the Council. He indicated that this Council and their predecessors have taken many positions on State-wide issues in the past, particularly those relating to funding. For example, the Council opposed Proposition 13, which was a State-wide initiative because it had an impact on every citizen who owned property. Mr. Greaves stated that crime also has an impact on every citizen in the City. He stated that this measure went before the Assembly a year ago, and the first committee it went to, the Public Safety Committee, shot it down and now they are very anxious to get on the bandwagon because they dropped the ball. He feels this initiative deserves the support of the Council. Mayor Boro stated that based on the comments of the Council, four of them feel this should not be voted on as a Council and noted that each member could interact with Mr. Greaves if they choose to. Mr. Greaves indicated he had petitions for anyone who would like them. Jamie Sutton, San Rafael resident, stated he is a former prosecutor as a member of the District Attorney's Office in San Francisco and he feels very strongly that if this Council expresses its voice, they should look carefully at the priorities that really matter to San Rafael. He stated that rather than suggesting that we should spend billions of dollars to essentially throw on the wasteheap of life, human beings, we should look carefully about education and those things that really matter as a long-term matter for the future of this community. He stated it was fine with him if the Council voted on this, but he thinks it would be valuable in this time of hyperbole and of emergency short-term very political flurry and fury that a calm and thoughtful and very local body said "we think of this as a matter for deliberation, we think this is a matter for long-term, careful view, and we think that if a strapped State is going to spend its money, it should spend it wisely and carefully with a very long view and not with political expediency." APPEAL OF PUBLIC WORKS DEPARTMENT ISSUANCE OF AN ENCROACHMENT PERMIT AT 49 HARBOR STREET (PW) - File 2-11 x 9-3-40 Public Works Director Bernardi stated they received from Mr. James Wells, owner of the apartment complex at 49 Harbor Street, a request for an encroachment permit granting authorization to continue to occupy a portion of City right-of-way with a fence and create an enclosure. He stated there is also a white metal railing adjacent to the property which was installed by the property owner as a result of a previous claim filed against the City and the property by a person who tripped and fell off the step between the sidewalk and the curb. As a result of the settlement of that claim, the property owner was directed to install that railing at his own expense, and the City issued him an encroachment permit for that. A member of the public complained about the added fence, so the Code Enforcement Officer looked at it, saw no problem with the fence and recommended that Mr. Wells apply for an encroachment permit. In issuing the permit, they took into consideration the physical surroundings; it is at the end of the street and there is no reason for anyone to walk down there unless they live in the last apartment unit at the end of the build- ing. Mr. Bernardi stated that the other issue in conflict has to do with parking. There is approximately 22 inches between the fence and the sidewalk area and the face of the curb. Mr. Bernardi stated that the appellant, Hugo Landecker, asked that the item be brought to the Council because he feels that the issuance of the encroachment permit is inappropriate and that it should be rescinded. Hugo Landecker, tenant at 51 Harbor Street, the property adjacent to Mr. Wells' property, stated that over Labor Day weekend there was 28 feet of public sidewalk fenced with a gate with no public access. He stated that in the application for encroachment, Mr. Wells indicated.."close off is for safety reasons." Mr. Landecker indicated there are no safety reasons or any other reason to close off the public sidewalk from public access. He noted that Mr. Wells paid $37.50 for the encroach- ment permit, and staff must have $1,000 invested in this. Mr. Landecker referred to a letter from R. N. Clayton, owner of the property adjacent to 49 Harbor Street who indicated the fence is a welcome addition. Mr. Landecker disagreed. He asked who was SRCC MINUTES (Regular) Page 11 SRCC MINUTES (Regular) 1/18/94 Page 12 liable if anything happened on this property since the City still owns it. He also feels the permit sets a bad precedent and it does not matter that this is a dead end street. He stated that having no public access to a public sidewalk is wrong; allowing a public sidewalk to be used only by an individual is wrong. Mr. Landecker stated Mr. Wells built the fence with no City permission or authority and said the only alternative is for the City to order abatement of this fence. Councilmember Thayer stated she is perturbed by this kind of item. She stated that she realizes the City is trying to accommodate the owner of this property, but feels it would set a very bad precedent to allow someone to fence off a portion of the sidewalk, whether it is frequently used or not. Councilmember Cohen stated it bothers him when people violate planning and zoning encroachment requirements, and all they have to do is get the permit after the fact. He stated Mr. Wells took a portion of public property and fenced it off for private purposes, noting the question of liability is also of concern. City Attorney Gary Ragghianti indicated the City continues to own the property, we have granted Mr. Wells an encroachment permit, and if there is a lawsuit and the City gets sued, we would cross sue the owner of the property for indemnification. Mayor Boro asked if the applicant had come before Public Works prior to constructing the fence, would it have been approved, and if so, why the gate? Mr. Bernardi stated it would have been approved, and the gate is simply a location where a tenant is going to provide access to their unit. He stated there are a couple of entry ways behind the fence. Mayor Boro asked if we would approve this in every dead end street in town that has a similar situation? Mr. Bernardi stated that the Department has issued encroachment permits for other kinds of encroachments onto the public right- of-way where an applicant will be using the public right-of-way for their own pur- poses. These have always been looked at on a case-by-case basis and, if the public is affected by the encroachment, it will not be approved. However, Mr. Bernardi noted that in this case, it never was an instance where the public interest would be affected. Councilmember Thayer stated that the encroachment is not necessary for the enjoyment of this property since it is not a case of necessity. She asked why a person living on a dead end street should have any greater rights than anyone else? Councilmember Zappetini stated that since staff would have issued an encroachment permit anyway, the process was reversed but has the same result. He asked if we vote to tear it down, could Mr. Wells then appeal and put the fence back up? Mr. Bernardi stated if it is voted down, he would notify Mr. Wells to take down the fence and would return the $37.50 to him. Councilmember Heller asked why the fence was put up to begin with? Mr. Bernardi stated that Mr. Wells complained people were sitting on the railing drinking beer and bothering the tenants, and he felt that by putting up the fence it would eliminate that situation. Councilmember Thayer moved that we do not issue the encroachment permit. City Attorney Ragghianti stated that since this is an appeal, the proper motion would be to grant the appeal and to direct staff to advise the owner of the property to remove the encroachment. Mayor Boro asked why Mr. Wells was not present, did we tell him he did not need to be here? Mr. Bernardi stated Mr. Wells was noticed and was not told he did not need to be here. Councilmember Zappetini suggested Mr. Wells leave the fence up, and in consideration for that to have him fix the rest of the sidewalk out front so the City is not liable. Mr. Ragghianti stated that would not be the proper condition to impose since this is an appeal of an encroachment permit. Councilmember Thayer moved and Councilmember Heller seconded, to grant the appeal and direct staff to have the encroachment removed. Councilmember Cohen asked the City Attorney if Mr. Wells were to request an encroach- ment permit, would it be appropriate for the City to put as a SRCC MINUTES (Regular) Page 12 SRCC MINUTES (Regular) 1/18/94 Page 13 condition of granting that permit, for Mr. Wells to fix the rest of the sidewalk out front so the City is not liable? Mr. Ragghianti stated it may be, but he could not tell by looking at the photographs that if you wanted to close off a portion behind the gated area that it would be appropriate to make him fix all of the sidewalk that fronts on his property, but Mr. Ragghianti stated he would have to take a look at it. Mr. Cohen stated we are giving this property owner full use of the property and asked what is the fair market value of the property. Public Works Director Bernardi answered $15 a square foot. Mr. Ragghianti stated that the problem is not what is the value of the area, but the issue is whether or not allowing him to fence that property is appropriate by the standards that we would allow a private property owner to encroach on a public right-of-way. He stated this is more than creating a parking space or the erection of a retaining wall in that the component of this is that the owner has acquired for him- self the use of the property behind the structure. Mr. Ragghianti stated that if the appeal is granted, Mr. Wells must remove all of the structures seen in the photograph and return it to the public's use. Mayo Boro stated he is supporting the motion on the basis that there is no hardship to the applicant, and he feels we are giving special treatment and are rewarding bad behavior, and it is a bad precedent. Councilmember Cohen asked if we uphold the appeal, can we then direct staff to enter into discussions with the property owner before he demolishes the fence to determine whether or not there is another approach to this that might satisfy some of the concerns. He asked what if Mr. Wells is willing to offer some compensation to the City in return for exclusive use of public right-of-way? Mr. Ragghianti stated that was a procedural issue, if that is the consensus if the Council, he suggested they continue this matter rather than act on the appeal and direct staff to communicate with the property owner and draw him into that discussion because if the appeal is acted upon, it is finished. Mr. Ragghianti stated if the appeal is granted the encroachment permit will be denied, but if the Council felt there is some basis for entering into an agreement with the property owner, the appeal should be continued and staff directed to contact the property owner and report back. Councilmember Cohen made a substitute motion and Councilmember Zappetini seconded, to continue this item and direct staff to discuss this issue as outlined by City Attorney Ragghianti with the property owner, determine what is fair and reasonable to all parties and come back to Council in two weeks. Mayor Boro stated he is trying to understand where is the hardship, where is the problem or special need, noting the only special need he sees is there are people hanging out in front of his place and Mr. Wells' desire to block off the sidewalk. Mayor Boro stated the trouble is that people might want to do this all over town. He said that the applicant was noticed but did not come to the meeting to plead his case, and Mayor Boro does not see a need to barter on the right-of-way. Councilmember Thayer stated if the owner had wanted that fence in the first place, he would have approached the City in a different manner rather than coming after the fact. Councilmember Cohen stated he agreed it was not appropriate for the property owner to build the fence without seeking the proper permit; however, he feels Councilmember Zappetini raised an excellent point in that at this point if we tell Mr. Wells to tear the fence down then he can come in, apply for the proper permit and after agreement was reached, the fence could be rebuilt. Mr. Cohen suggested we approach this situation as if Mr. Wells were walking in the door to apply for a permit. He asked whether this property was of any benefit to the City, or felt there are some unique circumstances in this instance. At this point, City Clerk Jeanne Leoncini stated after checking, that Mr. Wells was not on the list of mailings; he was not noticed for this meeting. Mayor Boro stated that he did not believe the purpose of the motion was to have Mr. Wells tear down the fence and have him come back and reapply for a permit. He pointed out that the City Attorney stated that if the appeal is upheld, that is the end of it, the process is dead. However, since the applicant was not noticed, it would make sense to carry this item over for two weeks. SRCC MINUTES (Regular) Page 13 15 SRCC MINUTES (Regular) 1/18/94 Page 14 Councilmember Cohen stated that ignoring the issue of whether or not it was appro- priate for Mr. Wells to build the fence then ask for a permit, if the property owner had come forward and asked the City for an encroachment permit in this situation, is there any condition under which we would have given him the permit? City Attorney Ragghianti stated it was important that Council realize they never would have seen this in the absence of an appeal. The decision belongs to staff. It is not something Council will see on a routine basis. Mayor Boro stated on the other hand, if there is concern about the right- of-way and about setting special precedent, it will determine future action of staff. Mr. Ragghianti agreed, and stated that in acting on this, they are sending a message to staff as to what they should do in the future. Mayor Boro suggested that all motions be dropped and this item be carried over for two weeks, for Mr. Wells to be notified, and that alternatives be explored. Mr. Bernardi stated that in the past where encroachments in open space had been requested, there were some instances when the cost of using that space was the amount of staff time in terms of dollars that it costs to process the application. He asked if Council wanted to pursue that concept rather than outright purchasing the right-of-way because one of the questions about purchasing the right-of-way is the City may not own the underlying fee. In a lot of the older subdivisions, only an easement was granted. If we truly relinquish the right-of-way, he may not be able to take title to it if we do not own it other than to have a roadway easement. He stated if Council wanted to deal with it on the basis of the amount of staff time spent, Mr. Wells could reimburse the City for that amount of staff time. Mayor Boro stated that Mr. Bernardi should determine if the City owns the property, then give Council a recommendation. Mr. Bernardi stated that would require a title report, which would cost about $300, noting right now we have control of the right-of-way whether we own it or not. Mayor Boro stated if we decide to go ahead with that, as a part of the agreement Mr. Wells would have to pay for the title report. Councilmember Cohen suggested Council act on his motion because if three of the Council are convinced that the fence is not acceptable and act on it in an appro- priately noticed hearing, there is no point in having staff talk to the owner about whether or not there might be some other direction we could go. Councilmember Thayer stated we should drop all motions since Mr. Wells was not noti- fied and felt it might be different when the party is here to give testimony. Mayor Boro suggested Public Works Director Bernardi explain to Mr. Wells that three members of the Council are not in favor of granting this encroachment and that he should come here to defend it. Mayor Boro also suggested that if staff wants to look at alternatives as if this issue was coming before them for the first time, they could then come back and talk about alternatives. Councilmember Cohen withdrew his previous motion and moved to continue this item so Mr. Wells can be properly noticed. Councilmember Zappetini seconded the motion. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVAL OF MARIN COUNTY CABLE RATE REGULATION JOINT POWERS AUTHORITY (JPA) AGREEMENT (CM) - File 4-13-88 x 9-3-11 x 9-7-4 City Manager Nicolai stated this is the second step to action the Council took previ- ously. She explained that with the Federal deregulation of cable through MCCMC, we have been proceeding with an outside consulting firm to develop the possibility that the reconstituted JPA on cable can regulate rates in Marin County except for Novato and Chambers Cable. Ms. Nicolai stated that before the Council tonight is a redraft of the JPA delegating authority from the City to the JPA to do the rate regulation. Ms. Nicolai recommended this be approved tonight because the JPA must be created before February 1, 1994, noting if there are any serious concerns, which none were seen in the first go -around, it can be brought back to Council since we have 90 days to get out of it. The only big issue is the constant reference to budget and the fact that if the budget goes up $5,000 SRCC MINUTES (Regular) Page 14 SRCC MINUTES (Regular) 1/18/94 Page 15 in a year, it will be deemed approved by the jurisdictions. She stated she is not comfortable with that language, but at this time, recommends it be approved, noting there may be some modifications or clarifi- cations coming back at a later date. Councilmember Cohen referred to a recent newspaper article regarding a lawsuit over granting exclusive franchise for cable services for the City of Los Angeles. The Board ruled that the City had no authority to do that, and he asked if anyone had looked at the legality. Ms. Nicolai stated that we are in an awkward timeframe because we have deadlines to take certain actions whether it is us as a City or through the JPA to be able to regulate them. She noted at the same time, we have massive changes in technology and within a short period of time there will probably be open competition. One of the concerns about the JPA is that the terms and conditions are for a lengthy period of time, and we might not want to commit for that long. Ms. Nicolai indicated she had heard about the particular case referred to and stated we would be looking into it. She stated that every jurisdiction she is aware of has an exclusive cable franchise, so there must be something different about the Los Angeles case. Councilmember Cohen asked which firm would be representing the JPA? Ms. Nicolai answered that so far they have only been contracted with the Marin MCCMC group. She stated that since she just received this on Thursday, she had no idea what they perceive to be the scope, the staffing or the budget of the JPA, but it will be a moot point if we do not create the JPA by the February 1st deadline. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the Resolu- tion regarding the creation of the JPA for cable regulation. RESOLUTION NO. 9085 - APPROVING AND AUTHORIZING THE CITY MANAGER TO TAKE STEPS NECESSARY FOR THE CITY TO ENTER INTO THE MARIN COUNTY CABLE RATE REGULATION JOINT POWERS AUTHORITY AGREEMENT; DELEGATING RATE REGULATORY AUTHORITY TO THE MARIN COUNTY CABLE RATE REGULATION JOINT POWERS AUTHORITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None There being no further business, the meeting was adjourned at 10:35 PM. City Council went back into Closed Session to discuss Labor Negotiations and adjourned at 12:45 AM. 1994 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) Page 15