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HomeMy WebLinkAboutCC Minutes 1995-03-20SRCC MINUTES (Regular) 3/20/95 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 20, 1995, AT 7:00 PM Regular Meeting: Present: Paul M. Cohen, Councilmember San Rafael City Council Barbara Heller, Councilmember Gary O. Phillips, Councilmember David J. Zappetini, Councilmember Albert J. Boro, Mayor Absent:None Others Present: Suzanne Golt, Assistant City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - CITY COUNCIL Mayor Boro announced in Open Session that the City Council would be going into Closed Session to discuss the following Closed Session items: Initiation of litigation pursuant to Government Code §54956.9(c): ■ Citizens for a Better Environment, et al. v. Union Oil Company of California, 9th Circuit No. 95-15139. (Request for City of San Rafael participation as amicus party.) ■ California Credit Union League v. City of Anaheim, 9th Circuit No. 95-55205. (Request for City of San Rafael participation as amicus party.) ■ Deshetres v. Sgt. Steen, 9th Circuit No. 94-16912. (Request for City of San Rafael participation as amicus party.) 1. CLOSED SESSION - CONFERENCE ROOM 201 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 20, 1995, AT 8:00 PM OPEN SESSION RE: CLOSED SESSION ITEMS 1. City Attorney Ragghianti announced that the City Council authorized the City Attorney to enter into Amicus Curiae participation in all three cases. The vote was unanimous. RE: PLANNING COMMISSION (VERBAL) - File 9-2-6 Mayor Boro reported the Council, at a Special Meeting earlier this evening, voted unanimously to appoint Bonnie Hough as Planning Commissioner. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None. CONSENT CALENDAR Councilmember Heller moved and Councilmember Phillips seconded, to approve the recommended action on the following Consent Calendar items: 04001 1 RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Approved as submitted. March 6, 1995 (CC) 3. Acceptance of Statements of Disclosure for: Accepted reports (2). (CC) - File 9-4-3 x R-140 #8 Gary O. Phillips, Councilmember/Agency Member Ann Batman, Planning Commissioner 4. SECOND READING AND FINAL ADOPTION OF ORDINANCE Approved final adoption of NO. 1675 - An Ordinance of the City of San Rafael Ordinance No. 1675. Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.01.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from PD (Planned Development Ordinance No. 1474) District for Amendment to the Bayview Business Park, Francisco Boulevard East, Kerner Boulevard and Pelican Way; AP Nos. 09-291-15, 16, 20, 21, 22, 23, 39, 42, 52 and 53) (Pl) - File 5-1-306 x 10-3 x 10-5 SRCC MINUTES (Regular) 3/20/95 Page 1 SRCC MINUTES (Regular) 3/20/95 Page 2 5. Resolution of Appreciation for Reni Pinkus, Secre- RESOLUTION NO. 9317 - RESOLU- tary, Public Works Department, Retiring with 27 TION OF APPRECIATION FOR RENI Years' Service (PW) - File 102 x 9-3-40 PINKUS, SECRETARY, PUBLIC WORKS DEPARTMENT, RETIRING WITH 27 YEARS' SERVICE (PW) 6. Extension of Subdivision Agreement Shoreline Center (21RM27) (PW) - File - MAP OF SHORELINE CENTER (21RM27) - Map of RESOLUTION NO. 9318 - EXTENDING 5-1-324 TIME FOR THE COMPLETION OF IMPROVEMENT WORK (EXTENDED TO AND INCLUDING SEPTEMBER 23, 1996) 9. Monthly Investment Report (Fin) - File 8-18 x 8-9 Accepted report. 11. Approval of Temporary Street Closures for Classic Approved staff recommendation Car Parade - May 20, 1995 (RA) - File 11-19 x (SRAA) for partial closure of Fourth R-140 #8 Street, "A" Street, "B" Street, "C" Street and Court Street to accommodate the Classic Car Parade, Car Display and Street dance on May 20, 1995, 1:00 PM - 11:00 PM. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: 7. AUTHORIZATION TO CALL FOR BIDS FOR FIRE STATION NO. 6 (PW) - File 4-1-473 x 12-3 x 9-3-31 Councilmember Zappetini pointed out the original budget figure was $420,000, and now is over $900,000. He asked if that is going to be a figure we will target in the upcoming budget, and if so what if it runs over, how will it be financed. Fire Chief Marcucci stated that the present figure of $921,543 has been given to us by the architect and is the figure that will be programmed into the budget. He noted the bids will be opened May 2, 1995, so we will have a good idea before the budget is finalized. He stated we are very confident that the bid will come in at that budget figure. Mr. Zappetini expressed concern that $900,000 will not be enough. Chief Marcucci stated they have looked at other fire stations which have been built within the last year, and that figure for the size of facility seems to be in the ballpark. Councilmember Heller asked for verification of the completion date. Chief Marcucci indicated the projected completion date is November, 1995, but he indicated in the staff report after the first of the year, just to be on the safe side. Councilmember Zappetini moved and Councilmember Cohen seconded, to authorize staff to call for bids for the reconstruction of Fire Station No. 6. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. APPROVAL OF INTERIM FIRE STATION NO. 6 SITE AT LAS GALLINAS AVENUE AND DEL PRESIDIO BLVD. (FD) - File 12-3 x 9-3-31 Councilmember Zappetini asked for the cost for the modular trailer and portable garage. Chief Marcucci stated the total will be approximately $22,000. Mr. Zappetini asked why we are not using Fire Station 3, which is currently vacant. Chief Marcucci explained if Fire Station 3 was used, it would place all the equipment on the east side of Highway 101, which would about double the response times to the upper areas of Terra Linda. He gave as an example a recent fire where the engine from Station 6 responded in 3 minutes, while the paramedic ambulance which is housed at Station 3, responded in 6 minutes. Chief Marcucci stated there will be risk involved by placing the equipment at Station 3, noting it was the Council's preoga-tive to assume that risk. He recommended taking the conservative approach by using the site at Las Gallinas Avenue and Del Presidio Boulevard, which is being made available at no cost. Mr. Zappetini asked if both the fire engine and paramedic unit would be housed at the interim site. Chief Marcucci stated that is the plan, since the paramedic unit will probably eventually be tied in with the engine when Station 6 is constructed. Councilmember Cohen reminded the Council that using Station 3 was previously discussed when deciding to build Station 6, and concluded it was an unacceptable risk. Chief Marcucci agreed. Mr. Cohen stated that the standard that has been set for response times by the Council, if there is one incident where we save property or a life, it is money well spent. Mayor Boro concurred that this validates the Council's commitment to the community. Councilmember Phillips referred to the staff report that indicated construction is to be completed as Mr. Weiner's construction is to begin. He asked what if it takes longer than anticipated to construct the firehouse. Chief Marcucci stated the fire station should be completed enough to be used, noting there would at least be a place to house SRCC MINUTES (Regular) 3/20/95 Page 2 SRCC MINUTES (Regular) 3/20/95 Page 3 the engine. Mr. Phillips suggested the City send a letter to Mr. Weiner in appreciation of his allowing the City to use the land at no cost. Councilmember Heller moved and Councilmember Cohen seconded, to approve the interim Fire Station No. 6 site at Las Gallinas Avenue and Del Presidio Boulevard. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE RENTAL AGREEMENT WITH LIVING HISTORY CENTRE FOR SPACE AT FALKIRK (Lib) - File 4-10-279 x 9-3-84 Councilmember Phillips asked what was the basis for the monthly rental of $540. Library Director Stratford stated it is 63 cents a square foot which includes storage space on the third floor. He stated that local real estate agents validated that amount. Councilmember Phillips moved and Councilmember Zappetini seconded, to adopt a Resolution authorizing the execution of the rental agreement with the Living History Centre for space at Falkirk. RESOLUTION NO. 9319 - AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE LIVING HISTORY CENTER FOR OFFICE AND STORAGE SPACE AT FALKIRK CULTURAL CENTER (4 month lease - April 1, 1995, and terminating July 30, 1995) AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. RESOLUTION APPROVING ORCA SWIM TEAM AGREEMENT FOR 1995 (REC) - File 4-10-172 x 9-3-65 x 9-3-66 Councilmember Phillips corrected the time in the agreement for spring practice to read ..."6:00 PM to 9:00 PM". Councilmember Phillips moved and Councilmember Cohen seconded, to adopt a Resolution approving the ORCA Swim Team agreement for 1995. RESOLUTION NO. 9320 - AUTHORIZING THE SIGNING OF AN AGREEMENT WITH ORCA SWIM CLUB FOR THE 1995 SWIM SEASON. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARING 13. PUBLIC HEARING - BEFORE THE BOARD OF APPEALS, APPEAL OF BUILDING OFFICIAL'S ENFORCE-MENT OF STATE MANDATED DISABLED ACCESS REQUIREMENT 1200 FOURTH STREET, (SCANDINAVIAN DESIGNS), DIRCK BRINCKERHOFF, REP. (PW) - File 13-1-1 x 1-6-1 Mayor Boro declared the public hearing opened. Public Works Director Bernardi explained the Council is sitting as the Board of Appeals to consider granting an appeal and waiver to the requirements of the disabled access regulation. He stated Scandinavian Designs will begin seismic reinforcement to the building in the amount of approximately $19,700. The State law requires that, at the same time, the building be made accessible for the disabled. Mr. Bernardi said the law further states that when the cost exceeds 20 percent of the construction cost, it can be considered an unreasonable hardship on the property owner. The law allows that 20 percent of the construction cost be spent on making a portion of the property accessible. He noted Scandinavian Designs will spend about $9,000 to make the bathrooms and front doorway accessible, which will make about 60 percent of the floor room accessible. Mr. Bernardi stated staff recommends granting the appeal. He stated Mr. Kim Blackseth, consultant on access issues, indicated he agreed with what has been proposed. Mayor Boro asked if there were any comments from the audience. As no one wished to speak, Mayor Boro declared the public hearing closed. Councilmember Zappetini moved and Councilmember Cohen seconded, to grant the appeal and directed staff to prepare an appropriate Resolution to be brought back for adoption at Council meeting of April 3, 1995. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 14. CONSIDERATION OF ABANDONMENT OF SORRENTO WAY RIGHT-OF-WAY (CM) - File 2-12 SRCC MINUTES (Regular) 3/20/95 Page 3 SRCC MINUTES (Regular) 3/20/95 Page 4 Public Works Director Bernardi stated there are two existing street lights with 70 watt high pressure sodium fixtures, noting they could be replaced with 250 watt fixtures to make the area brighter; the cost would be about $300 each. He stated another street light could be added between Canal Street and the first street light for a cost of about $2,000. Mr. Bernardi stated another option would be to use low-pressure sodium, the characteristic yellow light used by some businesses to dis-courage loitering. The cost is nearly the same between the high pressure and low sodium lights. Police Chief Krolak agreed that lighting could have an impact on the activity on Sorrento Way. He explained a call for service is when a member of the community calls the Police Department and an Officer responds; depending on the activity, dictates whether or not a report it taken. He reported for 1994, Sorrento Way had 29 calls for service that resulted in 6 actual reports. He stated he does not have a breakdown as to what the reports were, but they would be for something significant such as a burglary. He stated that 29 calls for service and 6 reports is not that far out of line when compared to other cul-de-sacs in the area. Chief Krolak stated the Street Crimes Unit has been reinstituted as of yesterday, with four people assigned. He stated they will be actively engaged in preventative activities as well as enforcement activities. He stated that the criminal statistics comparing 1994 to 1993, in the area of serious crimes, San Rafael is down 13.5 percent. He stated this does not address the Canal area as opposed to other areas in the city. He stated he was not able to break down the crime statistics for the Canal area specifically, however, the calls for services in the Canal area for 1994 represented about 23.7 percent, and it has about a quarter of the population. From July, 1991 to July, 1992, the same call for services for that area was 28 percent. Councilmember Heller asked for what period of time was the 23.7 percent. Chief Krolak stated it was for 1994. Councilmember Phillips asked the nature of the 6 reports that had been filed. Chief Krolak replied he did not know specifically, but believed a burglary, a surf board or wind board was stolen, possibly a car broken into. Mr. Phillips asked if prostitution would result in a report. Chief Krolak stated it depended on the circumstances, but would probably only be a call for service. City Attorney Ragghianti stated his office had been asked to review the legality of gating Sorrento Way while the street remained a public street, with said gate to remain open during the daylight hours. Mr. Ragghianti stated there was a case which was decided on March 23, 1994, which concluded that was not possible. He stated that Sorrento Way may not be gated so long as the street remains public, explaining the Council would have to vacate the street so the ownership reverts to those whose homes abut it in order for that community of residents to gate it. He stated what is important about that case is that there was a peculiar set of facts involved. The street was withdrawn from use, but it was not vacated so the public was not permitted to use it, but the City was continued to be required to maintain it. The community was gated, and the Court found that the Vehicle Code Section very clearly prohibits the gating of any public street. Mr. Ragghianti stated in summary, if this Council wishes to provide the residents with the right to gate this street, they must vacate the street. He stated as far as the procedure for vacation, it would require the initiation of vacation proceedings by the City, Planning Commission hearings and another public hearing before the Council. Councilmember Heller asked, if the City vacates Sorrento Way and the property owners take over the upkeep of it, is that only surface upkeep, or how about sewers, drainage, etc? Assistant City Attorney Guinan stated it would depend on how the Resolution reads. When the Resolution of vacation is finalized, if it includes a reservation of easements for sewer and storm drain, the City will still be required to maintain them. During the course of the vacation procedure, if the investigation is such that the sewer and drainage facility only serve that street, there could be an agreement with the owners on Sorrento Way to accept the maintenance of that system. Mr. Guinan stated it depends on a report as to how important to the overall systems of the City the sections of the system on Sorrento Way are, but there are provisions to take care of this. Ms. Heller asked if we would find any of this out unless we chose to go forward with vacating. Mr. Bernardi stated the drainage and sewers both just serve Sorrento Way, so if the Council chose to abandon those as well, the property owners would be responsible to maintain them. Warren Weisenberg, 29 Sorrento Way, gave a letter to Councilmember Phillips which was written prior to his appointment to the Council. Mr. Weisenberg stated that he, Mr. Weeks and Mr. Watson drove around the neighborhood to view the gated entries to 14 apartment complexes. He stated they also went to East Francisco Boulevard to see where the City closed off and gated the dead end for their own use. In the Dominican area, there was a closed off road between Sienna Way and Lindview, noting the idea of gates and private accesses is not outrageous. Mr. Weisenberg stated there are also the gates in Marin Bay Park and San Pedro Cove. He stated the night of the last Council meeting at about 11:00 PM while walking his dog, he encountered sexual activity in front of 17 Sorrento Way, which is the illuminated side of the street and not shadowed by pine trees, about SRCC MINUTES (Regular) 3/20/95 Page 4 SRCC MINUTES (Regular) 3/20/95 Page 5 20-25 feet in direct view of the front door of the house. Mr. Weisenberg stated these are not just nighttime occurrences. Some of the daytime occurrences include littering of beer bottles and trash, public intoxication, public urination, burglarizing, trespassers, sexual activity and a day break-in. Therefore, he stated, lighting is not an adequate solution. He noted he did not see in the staff report anywhere that it commented on the merits of the gate proposal, only the current or future public purpose or that gated entry has not been properly researched by the staff. He stated it is his understanding that all new developments in San Rafael are being required to keep and maintain their own streets, and that the City does not actually want the maintenance responsibility. He asked if the Sorrento Way neighbors are not proposing the same thing that is required of any new develop-ment. The precedence of gated entries has already been set. Mr. Weisenberg asked why their idea has not been weighed against the merits of the street light proposal. Bill Weeks, 33 Sorrento Way, distributed pictures of gated areas and addressed the precedence of turning a public street into a private street. He stated Sienna Way was a through street at one time and was blocked off by Judge Martinelli. By comparison, Sorrento Way is a cul-de-sac and nobody needs to use it. Councilmember Heller asked the location of Sienna Way. Mayor Boro stated it is in Dominican off Linden Lane. Mr. Bernardi stated to the best of his recollection, the piece of right-of-way, or supposed right-of-way between Linden Lane and Dominican Drive, was always private. Apparently there was a road at one time, and Judge Martinelli discovered he owned the underlying fee; there never was a road dedicated to the City, so he closed it. Mr. Bernardi stated the City had some concern and legal action was proposed, but Judge Martinelli was right and the City was wrong. Mayor Boro asked if it was ever a public street, and Mr. Bernardi replied that it was not. Mayor Boro explained the City has received keys to the gate in event of fire. Dr. Rosario Carr -Casanova, Tiburon resident and President of the Latin American Women's Association, a 25 year old institution of Latina professions from Marin County, read a letter from the association which opposed gating Sorrento Way. It indicated that supporting the vacating of a public street sends a dangerous message to the residents that they are on their own, and the Council is overwhelmed by the tasks they were elected to perform. Placido Salazar, resident of West Marin and Chairperson of the Democratic Central Committee of Marin, spoke in opposition of the proposal to put a gate on Sorrento Way. He presented a letter from the Committee which stated the proposition is loaded with negative connotations such as racism, separatism, exclusionism and favoritism and asked the Council to reject this proposal. John Young, 5 -year resident of San Rafael and employed in the Canal area, stated he does not condone the activity that has been occurring on Sorrento Way. However, he stated he was concerned about putting up a gate. He stated a park has just recently been completed, and some of the Sorrento Way residents helped with the community building process. He stated he took umbrage to the suggestion that used condoms come from the newly renovated half million dollar park we put there with some of the City's money. He stated he felt it was not appropriate for a gate to be erected based on the fact some people are affluent, with people who cannot afford to gate off their dwellings and have to rely on San Rafael's services. He expressed his concern that a message of separatism would be sent out rather than using this park to bring together both the affluent and the less fortunate. Dorothy Vasecky, 400 Canal Street, stated the issues facing the people of Sorrento Way are the same problems everybody else who lives in the Canal faces. She stated if she and landlords from Canal Street came to the Council asking for their street to be gated, she doubts the Council would take them seriously because there are plenty of ways around the street. To compare blocking, gating and vacating a public street to the existence of gates in an apartment complex is a misstatement of fact. The gates on an apartment complex are much more comparable to the gates homeowners have in their own yards and garage doors. It is not comparable to a public street. Ms. Vasecky stated the Police reports should have been more accurate so the seriousness of the calls could be determined. She stated it is easy to get caught up in hysteria and fear and division. She urged the Council before making a decision that is this polarizing, to consider all of the consequences. Mayor Boro stated the Council understands the feelings in the community. He emphasized that other areas that are gated were built with the gates rather than a public street. The staff has not given an opinion on the proposed gate because they have taken the position that it is the Council's discretion as to whether to choose to gate. Councilmember Heller asked for clarification regarding a previous statement that all new streets are private streets to be paid for by the developers. Mr. Pendoley stated it is not correct, that all of the subdivisions that have been approved in the past six years have public streets. SRCC MINUTES (Regular) 3/20/95 Page 5 SRCC MINUTES (Regular) 3/20/95 Page 6 Councilmember Zappetini asked what the price would be for vacating the street. Mayor Boro stated no one knows what it will cost and what it involves, and the residents have asked for conceptual approval before determining the cost. He stated the policy question is not how much it is going to cost, but is it good public policy to vacate a street. Mr. Zappetini asked if it doesn't get back to the same point, the motivating factor if it costs too much and they change their mind. Mayor Boro stated if we find we can vacate this street, what do we tell residents on other cul-de-sacs who want to do the same thing? We have been told it is not based on extenuating circumstances, but we have to make the findings that the street is no longer needed. Mr. Zappetini stated if it costs $500, 000 or $600,000 to buy the street, it will eliminate most anyone else who wants to do the same. Mayor Boro stated to him, the cost is not an issue at this point, the issue is policy. Mr. Zappetini stated he believed cost will motivate the whole thing. Councilmember Phillips stated the Council has been approached to determine the next step and he also felt cost was secondary. He indicated pros for the abandonment include additional revenue for the City from the sale of the street; alleviation from having to maintain the street; perhaps alleviation of some of the costs of Police response; and satisfying the needs of the residents of Sorrento Way. Mr. Phillips stated a con includes whether it is proper public policy to vacate the street since it sends a particular message to the residents of San Rafael. He stated he is in favor of the lighting recommendation and also believes the Task Force will help. Councilmember Heller stated she has been lobbied very heavily by people on both sides of this issue, and noted what has been missing from both the phone calls and those speaking this evening is a sense of working together, and the fact that if one street has problems, the rest of the community should work out a plan to help. Ms. Heller stated she would support vacating the street because social problems like these should not be allowed on any street. However, she stated she would also like to try trimming the trees and increasing the lighting. Councilmember Zappetini expressed concern that if lighting is increased on Sorrento Way, other areas may want the same, and it could become very expensive. Mayor Boro stated the Council has the discretion to make findings as to why more lighting would be necessary. Councilmember Cohen stated it was not clear to him that any revenue would be gained from selling this street; if it is from an easement when the property was subdivided, the City may not be able to get any revenue from its sale, it would simply be vacat-ing an easement. He once again pointed out that by gating Sorrento Way, it would not reduce the crime, only shift it to another area. Mr. Cohen stated for the record that even though in the future he could change his mind on this issue, he was not able to say tonight that the street no longer serves any present or future public purpose, especially since it is one of two public streets that abuts the park. He also agreed that it is not appropriate public policy to sell the street. He stated the problems faced by the residents of this street are not unique to them, but rather to the whole area. He stated we have an obligation to provide for public safety. Mayor Boro stated it is poor public policy to vacate this street, noting if that finding was made, it would be difficult not to do the same for others. He also stated we would be sending a message that we are unable as a community to provide adequate public safety. Mayor Boro gave as an example the gates and guards around the White House, but there still have been three attempts on the president in the last year. He stated the real issue is to find a way to drive the behavior out of the community and out of town, rather than to shift it from one street to the next. Councilmember Zappetini moved to vacate the public street and conceptually give Sorrento Way residents approval to move to the next step. The motion died for lack of a second. Councilmember Phillips moved to accept the report and the consideration of the abandonment of Sorrento Way right-of-way and deny the request. Mayor Boro stated that by not seconding the previous motion, we have done that. Councilmember Heller asked staff to come back with firm prices on what it would take to trim the trees and for both types of lighting. Mr. Bernardi referred to the staff report that suggested changing the fixtures on two existing lights and add a third pole. Councilmember Cohen asked for a recommendation from Public Works as to how to proceed with the lighting. Councilmember Heller suggested lights activated by motion to be purchased by the homeowners. To summarize, Mayor Boro asked Public Works and the Police Department to collaborate on a plan to address the issues brought forward tonight. He asked Chief Krolak for more tracking so the activity can be monitored. He asked Mr. Bernardi for a plan of action with respect to the street lights and tree trimming, and also if he felt there were unusual circumstances on this street regarding the lighting, so every other street would not ask for the same. SRCC MINUTES (Regular) 3/20/95 Page 6 SRCC MINUTES (Regular) 3/20/95 Page 7 Councilmember Heller moved and Councilmember Cohen seconded, for the Police Depart-ment and Public Works Department to come back with a plan of action. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: Zappetini ABSENT: COUNCILMEMBERS: None (The Council took a five minute break.) 15. DISCUSSION RE PAINTING OF FALKIRK CULTURAL CENTER (Cult. Aff.) - File 4-1-471 x 4-3-67 x 8-19 x 9-3-84 Library Director Stratford explained that as a part of the exterior painting of Falkirk, a committee was formed who hired a consultant to do a color patch test which authenticated the colors the house had been. He noted that as a national historic building, Falkirk must be painted a color it had once been. The two authenticated colors are burnt tile and green. He stated a white paint had been found in the patch test, but that dates from the 1950's, which is past the Dollar era. Mr. Stratford explained the East Wing would need to remain green because it has never been painted the burnt tile color. He stated both the burnt tile and the green were associated with the Robert Dollar era. Wilma Gibbons, Member, Cultural Affairs Commission, explained one of the major charges of the Commission is historical preservation. She stated the Committee selected what they felt were the most historically correct colors - the burnt tile which represents the Ella Park era, and the green which represents the Dollar era. Ms. Gibbons pointed out that a historical landscape architect has been reviewing the landscape around Falkirk for replanting plants which were associated with the Ella Park era. She stated the Commission supports either of the color schemes. Wayne Lechner, Member, Cultural Affairs Commission, stated the Commission supported the color committee's decision of using the burnt tile. He stated that speaking personally, he would be happy with either color, but it was important to him that Glenn David Matthews feels included in the process and is happy with the end result. Mayor Boro asked if the trim would be cream color. Assistant City Manager Golt stated the stucco and trim would be cream. Councilmember Zappetini moved and Councilmember Phillips seconded, to adopt Plan B, which is to repaint both Falkirk Mansion and the 1927 east wing in the light olive color. Councilmember Heller disagreed with the green and stated the burnt tile is a beauti-ful color. She stated there is a Victorian home on Fifth and G Streets painted burnt tile and looks lovely. Ms. Heller stated she believed that color would enhance the grounds. Councilmember Cohen stated there is a real history of Victorians being painted in striking color schemes; however, he feels the burnt tile is too bright for Falkirk. AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: Heller ABSENT: COUNCILMEMBERS: None Mayor Boro thanked the members of the Commission for their input. 16. RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR PROFESSIONAL SERVICES WITH FRANK THATCHER ASSOCIATES, INC. AS RADIO SYSTEM CONSULTANTS (PD) - File 4-10-280 x 4-1-467 x 9-3-30 Commander Pennington, Police Radio Committee Member, stated that in November, 1994, a report was presented to the Council regarding the radio system, noting one of the recommendations in that report was hiring a communication consultant to evaluate the current system. He stated that subsequently, a request for qualifications was sent to 65 potential people, and from that 65, ten proposals were returned. Commander Pennington stated the Committee narrowed it down to four candidates who were inter -viewed by the Radio Committee, who felt that Frank Thatcher Associates was by far the most qualified consultant. The cost will be $29,400. Councilmember Heller, also a member of the Radio Committee, stated she has been very pleased with the process and commended Commander Pennington on the job he has done. She referred to page 11 of the staff report which explains the four points that will be explored. She explained the 280 hours Frank Thatcher Associates estimates it will take is very close to the time estimated by the other candidates, and noted that three of the four finalists were from the local area. Mayor Boro asked if they were going to look at the existing system and ways to enhance it, or if it is not worth enhancing and how does this tie in to what the County is starting to do? Commander Pennington stated that in the request for qualifications, it SRCC MINUTES (Regular) 3/20/95 Page 7 SRCC MINUTES (Regular) 3/20/95 Page 8 specifically mentioned to look very carefully at the existing radio system since the City has such a substantial investment in hardware. The Committee wants to ensure that what we have will be able to be fixed to solve all the problems or, if not, that we can use as much of it as possible. He stated that Mr. Thatcher's document specifically addressed that issue, as well as the County situa-tion. He noted that through the Marin County Police Chiefs Association, there is a subcommittee which is talking about ways technology can be used to improve the work-ing relationships with other cities and jurisdictions. He noted Thatcher Associates is aware of all of those and will be talking with those groups. Councilmember Zappetini asked if we have any type of guarantee that what Thatcher Associates recommends will work. Commander Pennington replied that we would like the consultants not to design the specifics, but rather to determine what is wrong with the existing system and to make specific recommendations as to whether they can be fixed. He stated if they cannot be fixed, we need to know how to get a radio system that will work. Mr. Zappetini asked, if we spend money following their recommenda-tions, what happens if it does not work. Commander Pennington stated Thatcher Associates and the Committee were asked to help develop a set of specific performance standards that everybody can agree with. He noted if we do go to specification design, those will become part of that document, and stated there needs to be a very stringent testing and acceptance period where everybody would be satisfied that the system is not just working as specified, but working in a real world. Commander Pennington stated Thatcher Associates estimates four weeks to have the product back to us and he expects to have a report back to Council by the end of May. Councilmember Cohen asked if it was still understood that the consultant will not be involved in providing the equipment or system. Commander Pennington stated that a requirement of the request for qualifications was to not be affiliated with any vendor, and all of them had to sign a statement when they submitted their applica-tions. Mayor Boro referred to a letter from Officer Dan Hanlon, President, San Rafael Police Association (POA) to Chief Krolak in December, 1994, speaking of the appointment of Officers Pata and Fernandez, indicating that no way would their serving constitute any approval of the findings which may come about as a result of the Radio Commit -tee's work. The letter also stated "Ralph and Ray are not empowered to make any decisions on behalf of the Association without first consulting with the Board of Directors". Mayor Boro asked if the POA sign off on the scope of work and standards, and once we go through the process and hire the consultant, are we all headed in the same direction? Officer Hanlon stated the intent of the POA is for everybody to hear the same information from the same expert at the same time so nothing got lost. He noted the underlying philosophy behind the letter of December, 1994, was to point out the importance of having the full support and endorsement of the Board so there would be no dissenting later. He stated by no means does it mean the POA will stall or hold up anything to go back and discuss something. Officer Hanlon stated the two POA members on the Radio Committee report back to the Board regularly, and at the end of the POA meeting, they are fully empowered to go forth with the next step. He noted the POA will not hold anything up, and stated he has only heard positive things so far. Mayor Boro clarified that after Officers Pata and Fernandez report to the Board, if the Board was not in agreement, would that be communicated at the next Radio Committee meeting? Officer Hanlon stated if there was any indication that there would be any disagreement, the Association would not wait until the next meeting. Councilmember Zappetini asked if the other companies were competitive regarding cost. Commander Pennington stated two of them were very close to Thatcher Associates, and one was much lower, but it was because they underestimated the number of hours it would take. Mr. Zappetini stated we are paying about $6,000 a month now in mainte-nance and asked if Thatcher Associates would look into the maintenance situation and design something that is maintenance free, or are they going to recommend some type of system that has less maintenance? Commander Pennington stated we would not ask them to recommend a specific system, but rather to come up with a radio system that will do what we need it to do with identifiable performance standards. He stated Thatcher Associates uses a general formula for maintenance for budget estimates, and stated he will ensure that is discussed with them. Mayor Boro asked Commander Pennington for a summary of what the expectations, standards and goals are and what the expectations are for the current system and the relationship with the County in the long-term. He stated this only needs to be for information and not for discussion at a future Council meeting. Councilmember Phillips asked if our objective is to satisfy the deficiencies in the existing system or to do something beyond that. Commander Pennington stated there were nine specific objectives listed in the request for proposal, and part of that is to look at the existing system, identify the deficiencies and make recommendations about how to fix them, if possible. He stated other objectives had to do with the performance standards, training of personnel, etc. Councilmember Cohen stated his understanding is that we are asking the consultant for a full description of the identified needs and SRCC MINUTES (Regular) 3/20/95 Page 8 SRCC MINUTES (Regular) 3/20/95 Page 9 requirements for an acceptable and reliable radio system. He stated their first step should be to identify our needs and requirements, then to describe the different options. Councilmember Phillips asked about the process. Commander Pennington stated the first meeting with the consultant is tentatively set for April 6, 1995, and each member of the Radio Committee has been asked to talk with their peers and decide who should be interviewed by the consultant. He stated there are representatives from every work group, as well as members of the Police Association and management in order to get a good cross section of what the problems are from everybody's perspec-tive. He stated the consultant will also go on their own looking at things they believe should be examined. Councilmember Phillips asked the meaning of budget and funding provisions and limita-tions mentioned in the staff report. Commander Pennington explained the consultant wants to know how much money we have to spend, if we have money already budgeted. Mr. Phillips asked if that is something the Council needs to be considering at this time. Commander Pennington stated he is not prepared at this point to recommend that the Council take action or look at dollar amounts. Mayor Boro stated it is not time for this to be addressed. Commander Pennington stated when he submits his report in May, hopefully that report will have specific recommendations regarding costs and timetables. Councilmember Cohen stated the answer to the consultant should be that there are severe budget constraints, but when it comes down to it, the Council will need to do whatever is necessary to get a radio system that is functional. Councilmember Phillips expressed his hope the report is written to be understandable to the lay person. Councilmember Cohen moved and Councilmember Heller seconded, to adopt a Resolution authorizing the signing of an agreement for professional services with Frank Thatcher Associates, Inc. as radio system consultant. RESOLUTION NO. 9321 - AUTHORIZING THE SIGNING OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH FRANK THATCHER ASSOCIATES, INC. AS RADIO SYSTEM CONSULTANTS (one year agreement commencing March 20, 1995, and ending on March 19, 1996 @ $29,400) AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. APPROVAL OF RETIREMENT ACTUARIAL REPORT (CM/Fin) - File 7-1-26 x 8-9 Assistant City Manager Golt reported that she and Finance Director Coleman prepared the staff report relating to recommendations resulting from an actuarial study of the retirement system. She explained that every two years, the Retirement Association has an actuarial study to look at the appropriate rates to charge to fund the system, noting the most recent study has recommendations that will have a significant increase in rates. She emphasized the rates are employer contribution rates; the employee contribution is not impacted at all. She referred to the staff report which outlines several different options, and the staff recommendation which is to continue with the current twelve-year amortization program with a five-year phase-in of the rates and averaging the first two years of that five-year phase-in. Ms. Golt stated that particular option offers the lowest cost for the first two years. In two years, there will be another actuarial study and we will have the option of doing the thirty-year amoritization which might ultimately be the way to go. Ms. Golt stated we are having this significant impact on employer contribution because the Retirement Board hired a new actuarial company who updated the information, including using the most current life expectancy tables. Also, employees are staying much longer and retiring more than they used to. Mayor Boro pointed out the immediate effect is $255,000 for new money in 1995/96. Councilmember Heller asked if the $255,000 is in addition to what we are already paying. Mr. Coleman stated the amount could increase after two years if we go to a higher rate. Ms. Heller asked if any of this was tied into changes in the MOU charges? Ms. Golt stated it has no bearing whatsoever. Ms. Heller asked why it is only employer contributions. Ms. Golt stated the employer historically has borne the brunt of any increases. Mr. Coleman stated that because of the nature of the new assumptions, it is the obligation of the employer to fund them, not the employee. Ms. Golt noted if the employee rates were to change, we would have the obligation to meet and confer with them. She also pointed out that the employee already has a signifi-cant contribution; the City pays five percent or half, whichever is greater of the employee's share. Mayor Boro asked for a further report as to whether the City can go to the employees for an increase in their share. Councilmember Cohen stated it seems unusual to suddenly discover that the numbers have changed, and there is such a dramatic increase. He asked if there has been any responsibility on the part of the previous consultants for underfunding this plan. Ms. Golt stated SRCC MINUTES (Regular) 3/20/95 Page 9 SRCC MINUTES (Regular) 3/20/95 Page 10 there has not been, noting she is on the Retirement Board and the Actuarial Committee. She stated the Retirement Board has posed that same question to the new actuarial company and to the retirement staff. She stated over the years, there were probably some actuarial assumption recommendations that the actuarial company brought to the actuarial committee that were not implemented because it would be too expensive and the committee squashed some of the recommendations. Ms. Golt stated the full Board never saw some of the recommendations which probably figures in, so the actuarial company is not necessarily the culprit. Councilmember Cohen asked if this is a labor-management trust. Ms. Golt indicated it is, and she is a trustee. Mr. Cohen asked the City Attorney if he felt qualified to comment on the City's obligations to the retirement system. Mr. Ragghianti stated he did not; it should be someone who has expertise as a pension consultant familiar with the tax laws. Mr. Cohen referred to another public agency struggling with the same issue, a small group of employees who are in the Marin County System and a number of other employees who are currently in the Public Employees Retirement System (PERS). He stated the agency has found the provision of comparable benefits upon retirement for those four employees who are in the Marin Retirement System would be considerably cheaper if those employees were to switch to PERS. He noted it would be a complicated process, including collective bargaining, and the issue of vested rights; however, there would be significant savings. Ms. Golt stated she and Mr. Coleman have looked at that angle, and San Rafael was previ-ously a member of PERS, but in 1977, the City opted to switch to the Marin County Retirement Plan because the Marin County plan offered better benefits than PERS, especially for safety members. She stated now the benefits are similar, although the Marin County system still offers slightly enhanced benefits. Ms. Golt stated she has not talked recently with PERS in terms of their rates, but there is a significant difference for non -safety employees. The non -safety program in the PERS system is two percent at age 60; the Marin County non -safety is about two percent at age 58, which would present a big negotiations challenge to switch to the PERS system. Mayor Boro clarified that we would give the employees the same benefit. Ms. Golt stated the PERS system does not have that benefit available; it would not be an option. Mayor Boro stated we would make that option available to the employees and pay for it. Referring to the four employees mentioned by Councilmember Cohen, Mayor Boro stated it is cheaper to switch them to PERS and give them all the benefits they get with the Marin County System and still save a substantial amount of money. He asked staff to explore the cost benefits to switch to PERS and bring it back to Council prior to adopting tonight's report. Mr. Cohen also asked staff to explore the option of retiring at 55. Mr. Coleman stated we would have to have an actuarial study done by PERS to determine our rates, and there would no doubt be a cost for that. He stated the bottom line of what the system actually costs really depends on what the system is earning on its assets, noting if the system is earning more on their assets than it can afford to give you a benefit of a lower cost, if it cannot, it is going to have to come out at the same cost. A small group of four or five employees will probably have a heavy cost because of the number of people that are in that group. The more diverse group like San Rafael, you may not find a substantial savings unless PERS was earning a lot more on their assets than Marin County Retirement was. That would be the only way they could really provide us with a lower cost. Councilmember Cohen moved and Councilmember Heller seconded, to have staff investi-gate what the options, obligations and responsibilities are with regard to the Marin County System, whether moving to PERS is an option, and if so, what is the cost to do it. Ms. Golt clarified that these questions will be researched and brought back to the Council prior to their acting on tonight's recommendation. Mayor Boro asked what the timing would be. Ms. Golt stated the Board of Supervisors acts as our emissary to the Retirement Board. She noted the recommendation in the staff report is the same as what Marin County is doing, and the rates must be approved by July 1, 1995. Mayor Boro asked to have this brought back to Council at the April 17th meeting. Councilmember Heller asked if we have the option of moving in and out of either system? Ms. Golt stated it is not an easy process, but it can be done. Councilmember Phillips stated that any retirement system can go through wide swings, depending on investment assets, and asked what the investment assets consist of. Ms. Golt stated the investments of the Marin County Retirement Fund are in a wide variety of accounts, and their performance has been the best among the 37 Act agencies, and there are 21 of us in California. Mr. Coleman stated they outperformed PERS during the last five years. Mr. Phillips asked staff to report on what the underlying investments are in. Ms. Golt stated she did not believe the investments will have an impact on the actuarial assumptions. Councilmember Zappetini asked if this is based on members that are vested or if it is all members. Ms. Golt replied it is all members; if a person leaves and is not vested, he simply withdraws his funds. Mr. Zappetini asked if that affected these figures. Ms. SRCC MINUTES (Regular) 3/20/95 Page 10 SRCC MINUTES (Regular) 3/20/95 Page 11 Golt stated it does only because fewer people are doing that. Mayor Boro restated the motion to carry the item over to the meeting of April 17, 1995, to investigate the potential of moving to PERS system and to determine the nature of the investments and what part they play in the performance of the retire-ment system. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18. CITY COUNCIL REPORTS: a. CONSIDERATION OF EXPANSION OF SAN QUENTIN PRISON - File 116 Mayor Boro indicated he received a letter from Mill Valley which has been included in the staff report. He pointed out the staff report suggests writing a letter stating our concerns, in particular that the State is not following its own policy with respect to the Environmental Impact Report (EIR). Harry Winters stated he appreciated the City's response to consider this matter on the agenda, and noted the Board of Supervisors and the City Councils of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, San Anselmo and Tiberon have adopted resolutions or letters opposing the inclusion of San Quentin in the prison expansion proposed in the State budget currently under consideration by the legislature. He stated some of the cities have listed a variety of negative aspects of such a project, some of which could be included in communication from San Rafael. Mr. Winters stated the staff report only mentioned the traffic impact and the proposed exemption from the CEQA procedure which allows for open public input, plus any that may be specific to San Rafael. Mr. Winters suggested that actual opposition be included in the letter. He noted that when Supervisor Giacomini wrote to the rest of the Supervisors and proposed the resolution they adopted, he particularly addressed San Rafael and Larkspur, noting both cities border the prison. The letter stated both cities and citizens already suffer from the impacts that likewise would be exacerbated by the prison expansion. The mayors and members of the city councils of Larkspur and San Rafael encouraged Mr. Giacomini to recommend that the Board of Supervisors immediately and decisively oppose the expansion plans. Mr. Winters stated some of the opposition that could be included is the increase in general prison population would inherently increase the number of prisoners released each week here. He stated that between 70 and 100 prisoners are released each week, which averages 4,500 per year. He also suggested that since this project is a State budget item, the communication be addressed to Assembly -woman Mazzoni and Senator Marks, as well as to Director Gomez of the Department of Corrections, not just a copy to them. He noted the first committee hearing is March 29, 1995 in the legislature. Councilmember Phillips stated he had asked City Manager Nicolai earlier to verify the contents of the County's resolution. Mayor Boro stated the City Manager had not yet had time to do that. Mr. Phillips then asked if Marin County houses more convicts than other communities. Mr. Winters answered that Assemblywoman Mazzoni stated at a recent hearing that Marin County had one of the lowest crime rates of any county in California and one of the highest, if not the highest, prisoner- resident ratio, and therefore, we are already carrying more than our share of the burden. Councilmember Cohen suggested to enunciate the points, and if the Council agrees, either write a letter which can be sent without having to bring it back again or send a letter out immediately and follow it with a resolution. He inquired if, in a letter, we can indicate our opposition to the expansion in addition to the CEQA concerns, because clearly, we need to take that position. He stated we also need a full discussion of the impacts of San Quentin on San Rafael. He stated he would like to have the information provided tonight to be made public in terms of the current impact on San Rafael which people are not necessarily aware of, let alone any potential impact from the proposed increase of San Quentin. Mr. Cohen stated we can clearly act on that tonight, to direct staff to go forward with a letter opposing this. Mayor Boro asked if the Council wanted to oppose the expansion or point out the concerns, noting the Mill Valley approach was not to oppose it, but to point out concerns they had and let the process evolve. He stated, on the other hand, if the consensus of the group is to write a letter saying that we oppose it, and furthermore, we are concerned about the process the State is undertaking and give the reasons for the opposition, we can certainly put that in a letter. He stated there is the traffic issue, the lack of an EIR, the fact that it is an impact on the City weekly as to the number of prisoners who are brought to our downtown, noting there are all the infrastructure problems - the roads, the sewers. Mayor Boro stated we can enunciate all those and say that we are opposed to it, if that is the pleasure of the Council. Councilmember Heller stated we have not made people aware that Los Angeles City and/or County has no prison within their boundaries, which is certainly unfair because a great many SRCC MINUTES (Regular) 3/20/95 Page 11 SRCC MINUTES (Regular) 3/20/95 Page 12 of the clientele come from the Southern part of the State. She stated it should be pointed out that it is not a good balance. Councilmember Zappetini moved and Councilmember Heller seconded, to oppose the expansion of San Quentin and to follow with a letter with our opposition. Councilmember Phillips stated people are gung-ho on "Three Strikes and You're Out" and wondered who is going to pay the price for that public will? He stated he hoped this is not being carried out throughout the State, because how do we reconcile those positions as a society? Mayor Boro stated this County voted 82 percent for "Three Strikes and You're Out", and the next poll stated that 83 percent oppose building an additional jail here. He stated the point is that this County has carried the burden and continues to carry it, and it is a matter of equity as well as all the concerns we have with respect to the environment. Mr. Phillips stated he probably agrees with that but just has not seen the numbers. Councilmember Cohen stated he believed this expansion is an attempt to hide true costs of the "Three Strikes and You're Out" initiative because if we were to deal with the true costs of the "Three Strikes and You're Out" initia-tive, we would be building new prisons to accommodate the needs instead of trying, as an emergency basis, to slip in the funding legislation expansions inside already overcrowded prisons in congested areas. He stated what they are trying to do by avoiding the true public process and by crowding already over -crowded facilities, is to hold down the costs, what they knew would be the cost of this measure. Mr. Cohen stated Councilmember Phillips raised a valid point, but felt we did not have to accept the expansion because everybody voted for this measure without really thinking about the cost. He stated he does not think that is the case, but maybe if it gets severe enough, somebody will put an initiative on the ballot and say, "Wait a minute, we need to go back and reconsider this and do a more focused initiative. " Regardless, this solution is an attempt to cut corners on the cost of carrying out "Three Strikes and You're Out" by building within an already overcrowded facility. Mr. Cohen stated we should not accept that as an alternative, and that is what we are talking about with this motion. Mayor Boro suggested we prepare a draft and make it available for the Council to pursue over the next couple of days and make whatever changes are necessary to get this out. He stated we will put something together that reflects the comments we have heard tonight, will make it available for the members of the Council to look at, and unless there is something glaring, we will release it. The letter will carry the points that we do oppose it, noting there seems to be four who support that. Councilmember Phillips stated if all the facts are correct, he is clearly in opposition, even though society is clearly hypocritical. He stated he does want to see the letter, to see the reason for opposition. Mayor Boro again stated that we will put a draft together and all Councilmembers can have a chance to look at it before he signs it and sends it out. If we have a problem with the letter, he stated he would not sign it and the item would be brought back in two weeks. Councilmember Zappetini stated that would be his motion, and Councilmember Heller seconded. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b. RESOLUTION SUPPORTING RETENTION OF BCDC (BAY CONSERVATION AND DEVELOPMENT COMMISSION) - Fi 1 a 1 S Jane Mills, Marin Conservation League, explained that the State budget consoli-dated the BCDC with the Coastal Commission and the Regional Water Quality Control Board which, in effect, abolished it. Because there had been so much destruction of the Bay, the BCDC was established in 1965 in order to prevent the fill of the Bay. Ms. Mills read a letter from the Marin Conservation League to the City Council dated February 10, 1995, and stated the Marin Conservation League strongly supports the continued existence of the BCDC as an agency separate from the California Coastal Commission, noting with its less focused authority, the Coastal Commission is not equipped to carry out the mandate of BCDC and has no expertise about the Bay. Ms. Mills suggested sending a letter to Assemblywoman Mazzoni and Senator Marks since this is now a legislative matter. She pointed out that the "Save San Francisco Bay Association" has taken this project as their priority at this time. Councilmember Cohen stated the savings from this consolidation are only approxi -mately $50,000. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt a Resolution opposing the merger of the BCDC into other agencies and to send copies to all appropriate people. Councilmember Zappetini stated he recently dealt with the BCDC, and it was a long, tedious process, and if it got diluted, it would be even longer. SRCC MINUTES (Regular) 3/20/95 Page 12 SRCC MINUTES (Regular) 3/20/95 Page 13 RESOLUTION NO. 9322 - OPPOSING THE MERGER OF THE SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION INTO OTHER AGENCIES. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None c. CONSIDERATION OF REQUEST FOR NOMINATIONS TO FILL VACANCY ON MCCMC LEGISLATIVE COMMITTEE (CC) - File 113 x 9-1 Mayor Boro explained that each city has one representative on the Legislative Committee, which meets once a month. Councilmember Phillips was selected as representative to MCCMC Legislative Committee, with Councilmember Heller as alternate. There being no new business, the meeting was adjourned at 11:00 PM. JEANNE M. LEONCINI, CITY CLERK APPROVED THIS DAY OF , 1995 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 3/20/95 Page 13