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HomeMy WebLinkAboutCC Minutes 1996-08-05SRCC MINUTES (Regular) 8/5/96 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 5, 1996 AT 8:00 PM Regular Meeting: Present: San Rafael City Council Councilmember Cyr Miller, Councilmember Gary O. Phillips, Councilmember Absent: Paul M. Cohen, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBER Mayor Boro announced Closed Session items. CLOSED SESSION - 7:00 PM - CONFERENCE ROOM 201 Albert J. Boro, Mayor Barbara Heller, 1. 0 Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators: Suzanne Golt/Daryl Chandler No reportable action was taken. • Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a): a. Homer J. Olsen, Inc. v. City of San Jose, California, Sixth District Court of Appeal. (Request for City of San Rafael participation as amicus party). City Attorney Ragghianti announced Council voted 4-0 (Councilmember Cohen absent) to approve participation as amicus party. b. Kavanau v. Santa Monica Rent Control Board, California Supreme Court Case No. 505184. (Request for City of San Rafael participation as amicus party). City Attorney Ragghianti announced Council voted 3-1 (Councilmember Phillips dissenting, Councilmember Cohen absent) to approve participation as amicus party. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM MARIN ASSOCIATION OF PUBLIC EMPLOYEES LABOR NEGOTIATIONS - File 7-8-1 Bill Castellanos, Field Representative, M.A.P.E., addressed the Council, expressing the Union's appreciation for the recently concluded three-year contract. Mr. Castellanos thanked the Council for setting the tone of the labor negotiations by sponsoring a workshop in February, outlining the parameters for the direction the labor negotiations were to take. Mr. Castellanos noted the Council and the Union share a philosophy of open communication, and the three-year contract continues the notion that the City and the Union mutually share a sufficient number of ideas to keep them busy over the next three years, ideas that are designed to improve employee morale, and to do everything necessary to satisfy the public's needs. Mr. Castellanos stated there were no truly controversial issues which divided the City and Union negotiators, which was a surprise, and noted this shows the City and the Union are committed to providing quality services to the community, and will continue to do so with the active support of City Management. CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Heller seconded, to approve the following Consent Calendar items: ITEMS RECOMMENDED ACTION 3. Call for Applications to Fill Unexpired recommendation: Term on the Planning Commission Due to to Resignation of Judy Tipple - Term to expire end of June, 1998 (CC) - File 9-2-6 Approved staff a) Called for applications fill one (1) unexpired term on the San Rafael Planning Commission to expire the end of June 1998; b) Set deadline for receipt of applications Tuesday, August 13, 1996 @ 12:00 Noon in the City Clerk's Office, Room 209, City Hall; and SRCC MINUTES (Regular) 8/5/96 Page 1 SRCC MINUTES (Regular) 8/5/96 Page 2 c) Set date for interviews of applicants at a Special Council meeting to be held on Monday, August 19, 1996, commencing @ 6:00 PM, Conference Room 201, City Hall. 4. Summary of Legislation Affecting recommendation. San Rafael (CM) - File 9-1 5. Resolution Appointing City Manager as Acting Treasurer (CM) CITY - File 9-3-15 x 9-3-11 TREASURER. Approved staff RESOLUTION NO. 9649 - RESOLUTION TO APPOINT THE MANAGER AS THE INTERIM CITY 7. Resolution of Appreciation to Rochelle Grechman-RESOLUTION NO. 9650 - Dibley, Employee of the Quarter Ending June 30, RESOLUTION OF APPRECIATION TO 1996 (CM) - File 102 x 7-4 x 9-3-65 ROCHELLE GRECHMAN-DIBLEY, EMPLOYEE OF THE QUARTER ENDING 6/30/96 (Child Care Coordinator) 8. City Work Plan Review (CM) - File 237 Accepted report. 9. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1699 - An Ordinance of the City of San Rafael Amending Ordinance 1682 (Paramedic Service Special Tax) and Setting the Paramedic Tax Rate, Commencing with Fiscal Year 1996/97 for Residential and Non-residential Properties (Fin) - File 9-3-31 Approved final adoption of Ordinance No. 1699. 10. Resolution Authorizing State Department of RESOLUTION NO. 9651 - Education Child Care Agreement (Rec) RESOLUTION AUTHORIZING THE - File 4-10-238 SIGNING OF AN AGREEMENT WITH STATE DEPARTMENT OF EDUCATION GRANT CONTRACT GTRK - 1690 FOR $1,104. 11. Resolution Amending Management and Mid -Management RESOLUTION NO. 9652 - Salary Resolution Nos. and 9173 and 9414 RESOLUTION AMENDING RESOLUTION (One-year Agreement from 7/1/96 through NOS. 9173 and 9414 PERTAINING 6/30/96) (Per) - File 7-4 TO THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT AND MID -MANAGEMENT EMPLOYEES (One Year Agreement from 7/1/96 through 6/30/97). 12. Resolution Amending MAPE Supervisory Personnel RESOLUTION NO. 9653 - Salary Resolution No. 9182 (Three-year AgreementRESOLUTION AMENDING RESOLUTION from 7/1/96 through 6/30/99) (Per) NO. 9182 PERTAINING TO THE - File 7-8-1 COMPENSATION AND WORKING CONDITIONS FOR MARIN ASSOCIATION OF PUBLIC EMPLOYEES/SEIU 949, SUPERVISORY UNIT (Three Year Agreement from 7/1/96 through 6/30/99). 13. Resolution Amending MAPE Miscellaneous Personnel RESOLUTION NO. 9654 - Salary Resolution No. 9183 (Three-year AgreementRESOLUTION AMENDING RESOLUTION from 7/1/96 through 6/30/99) (Per) NO. 9183 PERTAINING TO THE - File 7-8-1 COMPENSATION AND WORKING CONDITIONS FOR MARIN ASSOCIATION OF PUBLIC EMPLOYEES/SEIU 949, MISCELLANEOUS UNIT (Three Year Agreement from 7/1/96 through 6/30/99). 14. Resolution of Findings Granting Conditioned RESOLUTION NO. 9655 - Approval of an Appeal from State Access RESOLUTION OF THE CITY COUNCIL Requirements - 842 "B" Street, San Rafael (PW) OF THE CITY OF SAN RAFAEL (IN - File 13-1-1 ITS CAPACITY AS THE BOARD OF APPEALS) GRANTING CONDITIONED APPROVAL OF AN APPEAL FROM STATE ACCESS REQUIREMENTS AT 842 "B" STREET, SAN RAFAEL. SRCC MINUTES (Regular) 8/5/96 Page 2 SRCC MINUTES (Regular) 8/5/96 Page 3 15. Approval of Street Closure on Mission Street Approved staff recommendation; Between "C" and "E" Streets on Sunday, Cultural Affairs Service August 18, 1996 From 1:30 PM to 5:30 PM League and Falkirk Cultural (Lib/Cult. Aff.) - File 11-19 Center to hold a Victorian Rock & Roll Concert. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following items were removed from the Consent Calendar for further discussion: 2. APPROVAL OF MINUTES OF SPECIAL MEETING OF THURSDAY, APRIL 11, 1996, SPECIAL MEETING OF MONDAY, JULY 1, 1996, REGULAR MEETING OF MONDAY, JULY 1, 1996, SPECIAL JOINT MEETING OF MONDAY, JULY 15, 1996 AND REGULAR MEETING OF MONDAY, JULY 15, 1996 (CC) Councilmember Miller stated he was abstaining from the minutes of April 11, 1996, as he had not yet been appointed as City Councilmember. Mayor Boro stated he was abstaining from the Special and Regular Meetings of Monday, July 15, 1996, as he was absent from the meetings. Councilmember Phillips moved and Councilmember Heller seconded, to approve the minutes as presented. AYES: COUNCILMEMBERS: Heller, Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen ABSTAINING: COUNCILMEMBERS: Miller (from minutes of 4/11/96 only) Mayor Boro (from minutes of both meetings of 7/15/96 only) 6. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR CONSULTATION SERVICES WITH AYRES & AYRES, INC. TO CONDUCT A COMPREHENSIVE REVENUE REVIEW OF THE OPERATIONS OF THE CITY OF SAN RAFAEL (NOT TO EXCEED $10,000) (CM) - File 4-3-312 x 8-9 Councilmember Heller noted the report refers to an MSI staff, and asked what their function was? City Manager Gould explained MSI refers to Municipal Services Institute, with whom the consultant was once allied. He stated the consultant was a principal and founder of MSI, although he is now semi -retired, and noted the consultant was suggesting, if the City wished, we could continue into a business cost savings through that firm. Mr. Gould reported the consultant no longer has any economic ties to that firm, and noted others could perform the work if the Council so desired. Ms. Heller asked if MSI was a California group, and Mr. Gould stated they were. Councilmember Phillips stated he felt it would be appropriate to conduct this type of review on a periodic basis; however, he had a reservation concerning the timing, noting City Manager Gould had been with the City for only a short period of time, and while Mr. Phillips acknowledged he was very impressed with Mr. Gould's grasp of the City to this point, he wondered if three or four months from now Mr. Gould might have a better grasp of what the City is dealing with, might relate better with the consultant, and have more meaningful discussions. Mr. Phillips stated he is in favor of the concept, he is just questioning the timing. Mr. Gould stated he believed the timing was right based on four internal and external events going on right now; first, the budget that was just adopted for fiscal year 1996/97 relies on over $500,000 of reserve spending to balance the current operations. Mr. Gould stated this concerned him, and he wanted to start addressing that immediately and not wait for the next fiscal year; second, the budget that has been adopted by the State of California does not include $170,000 of "ERAF", Education Revenue Augmentation Funds, anticipated as part of that budget, so the City's budget is actually $170,000 out of balance, or we will require another $170,000 of Reserve spending, unless we can somehow recoup that money from the State, which is questionable; third, the City's Finance Director has tendered his resignation effective August 23rd, at which time he will join the Marin Municipal Water District, so the City is currently in transition and seeking a new Finance Director, and perhaps an Administrator of Services Director, and that person coming on, being even newer than Mr. Gould at the time that he or she takes the position, would benefit from the consultant's review; and fourth, a review of the City's situation to date indicates something Council made known to Mr. Gould at the time that he interviewed for the position of City Manager, which is that the SRCC MINUTES (Regular) 8/5/96 Page 3 SRCC MINUTES (Regular) 8/5/96 Page 4 City's infrastructure and information systems are not accurately funded, and Mr. Gould stated he wants to begin immediately to look for means on both sides of the ledger, whether revenues or expenditure reductions, or combinations thereof, to put the City in a better financial position. Mr. Gould stated he believes this consultant is very well qualified to provide insights that may be elusive to him and to the current staff, and is also qualified to help evaluate the impacts of the Jarvis II Tax Initiative that will appear on the November 5th ballot. Mr. Gould stated that for all those reasons, he felt the timing was right to conduct this study, noting he would have liked to have had the study done a couple of months ago. Councilmember Phillips stated Mr. Gould had obviously given this matter some thought, and he deferred to his judgment, asking when the study would begin? Mr. Gould reported the consultant had already been on site, and had begun interviewing some of the City staff and gathering information. Mr. Gould noted he was bringing this issue before Council for their consideration in the hope that Council would see fit to approve it. He stated that under the current Municipal Code the City Manager has the authority to approve such a contract, but noted he understood it had been past practice to bring these contracts to the City Council. Mr. Gould explained that because the consultant could only do this project within a very tight timeline, Mr. Gould felt it was worthy to give the consultant the tacit approval, and then bring the project before the Council for full ratification, noting the consultant had accepted the proposal on those terms. Councilmember Phillips asked if Finance Director Coleman would be available for questions and discussions with the consultant, and Mr. Gould replied that he would. Councilmember Phillips asked City Manager Gould to bring to Council a projection based on some of the items he had made reference to, stating he would like to know the City's position, and noting he did not believe we were quite as far off the mark as has been indicated, so he would be interested in Mr. GouldI s view of the City's financial position. Mr. Gould stated he would like to hold a study session with the City Council in the near future, to concentrate just on financial issues. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution authorizing execution of an agreement for the consulting services of Ayres and Ayres Inc. RESOLUTION NO. 9656 -RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH AYRES AND AYRES INCORPORATED (Commencing 7/13/96 and ending 8/29/96). AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SPECIAL PRESENTATIONS: 16. PRESENTATION OF RESOLUTION OF APPRECIATION TO FORMER SAN RAFAEL PLANNING COMMISSIONER JOYCE RIFKIND FOR 12 YEARS OF DISTINGUISHED SERVICE ON THE PLANNING COMMISSION (P1) - File 102 x 9-2-6 Mayor Boro presented a Resolution of Appreciation to Joyce Rifkind, noting she had been a member of the Planning Commission since 1984, serving three consecutive terms, one term as Vice -Chair. Mayor Boro recalled he had served on the Planning Commission with Ms. Rifkind for five years, and that it had been a pleasure to work with her. He stated there were two "hallmarks" of working with Ms. Rifkind; one was that she was always prepared, and the other was that she has always been a strong advocate of affordable housing in our community. On behalf of the City, Mayor Boro thanked Ms. Rifkind for all her wonderful work for the City. Ms. Rifkind stated it had been a privilege and a great experience working on the Planning Commission, noting she felt every one of the twelve years was very well spent in the service of a City that she has been proud to be a resident of for the past thirty-five years. She stated she was particularly pleased with the growth in the realm of housing for those less able to sustain themselves in a growing economy and a more costly environment. She noted it takes a team effort to keep this City viable and affordable, and economically self-sufficient, and she stated she would still like to be of further service to our City in the future. SRCC MINUTES (Regular) 8/5/96 Page 4 SRCC MINUTES (Regular) 8/5/96 Page 5 17. PRESENTATION OF RESOLUTION OF APPRECIATION TO ROCHELLE GRECHMAN-DIBLEY, EMPLOYEE OF THE QUARTER ENDING JUNE 30, 1996 (CM) - File 102 x 7-4 x 9-3-65 Mayor Boro introduced Rohelle Grechman-Dibley, Child Care Coordinator, and presented her with a Resolution of Appreciation, stating she had been selected as Employee of the Quarter ending June 30th. Mayor Boro reported Mrs. Grechman-Dibley has been with the City for just under ten years, working in Child Care the entire time. He noted that at noon Mrs. Grechman-Dibley and her co-workers from the Child Care Division, along with approximately thirty students, came to City Hall for the presentation of a $100 bill to Mrs. Grechman-Dibley. Mayor Boro stated Mrs. Grechman-Dibley was now eligible to compete for the honor of Employee of the Year, which has a $500 award. Mayor Boro stated he was very impressed this afternoon during the presentation of Mrs. Grechman-Dibley I s $100 award, because she immediately took that award, put it in an envelope and handed it to a woman who represented an organization called "The House" at San Quentin, where Mrs. Grechman- Dibley volunteers. He stated it was very commendable that she would take her award and make a donation, noting it reflects the kind of employee she is. He stated the City is very grateful to her for her fine work. Mrs. Grechman-Dibley thanked the Council and the Mayor, and all of the people in the City who support Child Care, because without them the City would not have the incredible division that it does. Mrs. Grechman-Dibley stated the highlight to being selected as Employee of the Quarter was being able to give the $100 to "The House" for San Quentin, noting they do an amazing program for children whose parents are in prison, and give them a safe place to play while their other parent is visiting. MONTHLY REPORTS: 18. DEPARTMENT REPORT - POLICE DEPARTMENT (PD) - File 237 x 9-3-30 Police Chief Krolak noted many of the issues addressed in the report have recently been discussed during the Budget Hearings; however, he was providing some new things, primarily the statistical information regarding specific areas of crime in San Rafael. Chief Krolak acknowledged there is a perception in San Rafael that crime is on the rise, and noted that in some areas of the City there is the feeling that it is unsafe to be out; however, he stated the numbers do not reflect that, pointing out that the first six months of 1996 versus the first six months of 1995, our crime rate is actually down 19%. Chief Krolak stated this decrease is not due solely because of the Police Department, and while the Department has had an impact on this decrease, the crime prevention programs, and the programs the Police Department has instituted to get the community involved in the Department and the Department involved in the community, have certainly helped. He stated certain types of projects the Department has done, such as the Newsletter, and the Citizens' Police Academy, have been extremely important to allow the community to better know what the Police Department can do for them, and also what their limitations are, while at the same time provide the members of the community with the information they can use in their everyday lives in the neighborhoods where they live, so that they can help the Police Officers do their jobs within the Department. He noted they live there, and they can really be the eyes and ears for the Police Department, and he felt that kind of information and those kinds of programs certainly go a long way toward helping institute these programs. Chief Krolak stated one item that has been a major issue within the Police Department over the last several years is the vacancies. He reported there are currently five vacancies in the Police Department, noting four are Police Officer positions and one is a Dispatcher. Chief Krolak stated the City Manager has given him the authority to combine two part-time positions into one full-time dispatch position, and hopefully this will make it easier to recruit for one other full-time position, and still maintain the flexibility for scheduling. Chief Krolak reported they are currently working on background investigations to fill the Police Officer positions, and are also very active, on a yearly basis, in the collective recruiting process at the Santa Rosa Training Center at Santa Rosa Junior College. He stated this allows us the ability to reach out and contact minority communities that we might not normally have contact with, because the Santa Rosa Training Center does a very elaborate minority recruitment, and gender recruitment, and this assists us in trying to bring people into law enforcement who might not ordinarily think of law enforcement as a career. Chief Krolak stated his Department looks at minority recruitment in all levels, Police Officers, Dispatchers, Police Service Aides, and any number of other positions in the Department for which they can bring in minorities, people of ethnic backgrounds, and women. SRCC MINUTES (Regular) 8/5/96 Page 5 SRCC MINUTES (Regular) 8/5/96 Page 6 Chief Krolak stated he was very proud of the fact that the Department's in-house instructors conducted 3,600 hours of training for our officers during 1995, and have been facilitators in another 5,100 hours of training at off-site facilities sponsored by the state, which was either required training or something the Department felt was very beneficial to their employees. Chief Krolak stated the issues that have dramatically impacted the Police Department in the past few years include immigration from many different countries, and also the issues of homelessness and the social, quality of life type issues. He stated the Police Department is always called upon to handle these types of issues, even though they may not be crimes, per se. He stated his Department tries to respond to those calls as best they can. Chief Krolak reported the emergence of street gangs has hit San Rafael, as it has in a lot of urban cities, and this is something the Department is still learning how to respond to. He stated the Department has taken an approach to this issue on a Countywide level, and noted he participates with other local Police Chiefs and the County Sheriff to address this issue, because it is affecting the entire County. Chief Krolak stated one issue that is always of interest, and perhaps consternation, to the Council, is the issue of the merchants and the Downtown area, regarding some of the quality of life types of issues with the homeless. He stated he had just sent the Councilmembers a memorandum which reported that next week the Department will have a second Police Officer on the walking beat Downtown, and a third Officer will be added the following week. Chief Krolak reported he had spoken with Charlie Garfunk of the BID (Business Improvement District), and when the BID has its next General Meeting in September, Chief Krolak will introduce these three Police Officers and their supervisor, so all of the business owners who attend the meeting will be able to meet the Officers and their Sergeant, and will have a better appreciation as to who they can call. Chief Krolak noted the Police Officers who have been chosen for the walking beat Downtown have been told the Department wants them to be problem solvers, to work with the Downtown business people, and to try to figure out what the real issues are and then work in collaboration with the Business District to address those issues. Chief Krolak noted his report provided information on the way in which the Police Department is structured, with the four different bureaus. He reported one of the things his Department continues to support is the Youth Services Bureau, noting the people in the Youth Service Bureau are very dedicated to the youth in our community, and as our community changes in demographics, we are seeing the emergence of more children, and we must continue to address those issues. Chief Krolak reported the Youth Services Counselors have conducted approximately 1,780 counseling sessions during the last fiscal year, dealing with approximately 82 families and 490 juveniles. He stated the counselors are also available to the schools, noting there is a lot of support from the middle schools and the high schools for our counseling program to continue. He stated this program also currently uses interns, who must complete a specific number of supervised or volunteer hours of counseling in order to get their licenses and be certified by the State. He noted the Department's counselor, who is certified to supervise interns, goes to the various colleges, recruits the interns, and brings them into our program so they can obtain the training they need, and at the same time the Department gets interns who can help us with the counseling programs that we so much want to support. Chief Krolak stated there are things his Officers do other than just the traditional patrol and investigations, noting that, unfortunately, the Special Response Team (SWAT) had been called out this past weekend. Chief Krolak described the Team as a highly trained group of individuals who receive a lot of training in weapons control, and stated this training had allowed the officers responding to the hostage incident this weekend to handle the situation without any shots being fired, and allowed them to control the area rather than responding and escalating the problem. He stated the Department also has a nationally known psychologist available to us for hostage negotiations, noting the psychologist has been made a Reserve Police Officer, and can be called upon whenever the Department may need him. Chief Krolak noted members of his Department are also involved with the Police Radio Committee, and the Users Group, which is a group of individuals within the Department who have volunteered to help in the Department as they evolve with their automated systems and software, so that it will be more beneficial to the Officers and employees who are using it. He reported a new program, begun last year, is Peer Counseling. He stated SRCC MINUTES (Regular) 8/5/96 Page 6 SRCC MINUTES (Regular) 8/5/96 Page 7 that over the years they have seen that with the various types of traumatic incidents the Department' s employees have to face, from time to time they need assistance, as well. He explained the Department now has trained Peer Counselors who have experienced the same kinds of events, making it easier for the employees to talk with and open up to them. Chief Krolak reported the Department is also in the process of meeting with a number of the clergy in the community, in hopes of establishing a Chaplain Program, noting Fire Chief Marcucci has expressed interest in combining a Chaplain Program for the Police and Fire Departments. Chief Krolak noted such a program would be not only for the employees, but for the community as well, noting this has already been done in other communities within the County. Chief Krolak stated his Department will continue as best they can with their resources to increase the use of automation wherever possible, not necessarily so they can reduce the number of personnel, but hopefully to reduce the number of yearly requests for increases in personnel. Chief Krolak noted those who have attended the Citizens Police Academy always seem to respond to the fact that in a drunk driving case, an officer must write fourteen individual reports for that one arrest. He reported that through a Federal funding program, the Department is in the process of getting lap top computers and some very specific software which will eliminate this kind of redundant problem. He noted approval for purchase of lap tops and software will come before the Council at their meeting on August 19th. Chief Krolak stated the Police Department continues to be involved with both our local and County school districts, addressing the issues of gangs and chemical abuse, noting these are the issues that are really being faced by our youth, and stating we need to find ways to help them through that transitional period of their lives, because it is quite difficult. Chief Krolak reported there are many different areas, which the Council is already aware of, where the Police Department is involved in the community. He stated he would like to begin, on a monthly basis, meeting with a group of aging and Latino residents, working in conjunction with the Marin Elders Program, and he noted that this month the Department would be conducting a two hour training program specifically for their membership, to help them better understand what the Police Officers need when they report crimes to the Department. He stated this is a very foreign thing for some of them, as they come from different countries, and they are not sure how to do that. Chief Krolak stated this would be a collaboration between the Department, the Marin Elders Program, and the Marin Community College, so the Department can better address their needs and the problems they might have in communicating with the Police Department in reporting crimes, or just getting information. Chief Krolak reported the Police Department has a very active volunteer program, with approximately twenty-nine volunteers from the community who donate an average of 500 hours per month doing any number of things that need to be done to help support the everyday functions of the Police Department, which otherwise the Department would not have the staffing to do. He noted one of the things that is the most accepted with many members of the community is the Vacation Home Check, where the senior volunteers actually go out and check the homes of people who areaway on vacation. Chief Krolak stated that inmost communities our size, this is a service that has pretty much gone by the wayside because of staffing and funding, but this is a program we are able to maintain because of our volunteers. Referring again to the Federal Grants, Chief Krolak reported the Department has approximately $61,000 coming from the Law Enforcement Local Block Grant Program, and noted he has been discussing with City Manager Gould how to use that money most effectively for our community. He reported another grant, which they are guessing will be approximately $120,000, will be coming from the California Supplemental Law Enforcement Services Fund, noting within a couple of months he will know better how much the Department will be given and what the guidelines for that money will be. Chief Krolak reported we still have the Boat Program, noting the Department does receive donations for this program and, in fact, just received a check from a member of the boating community who was very pleased with the response he had received from the Police Department. Chief Krolak explained these donations are placed in a special fund just for the boat, and the money is used primarily to purchase equipment for the volunteers who function in keeping the Boat Program alive, so the Department can provide them with the tools they SRCC MINUTES (Regular) 8/5/96 Page 7 SRCC MINUTES (Regular) 8/5/96 Page 8 need to do that safely and efficiently. Referring to Community Oriented Policing, Chief Krolak stated this was a program that has been discussed a lot, noting 80% of the calls to the Police Department are not Police related or crime related calls, and a way must be found to philosophically deal with those other kinds of issues that are not generally crime related, but are rather the "quality of life" type problems. He stated that for the most part, people fear for their safety, not necessarily directly because of a crime, but because of the fear of crime, and the perceptions that it is not safe. He stated that with Community Policing it is a matter of involving the community with the Police Department to help dispel some of those perceptions, and so that the Department and the community can help each other. He stated a recent newspaper article about the Department's Newsletter and the Neighborhood Watch groups seemed to be very beneficial, generating many phone calls and letters from people who have said they really appreciate the information, and that it gives them some true figures they can look at and see what is really happening in their specific neighborhoods. Chief Krolak noted again that the two additional foot patrols would begin within the next couple of weeks, and they will be assigning not just three Officers, but the same three Officers, on a full-time basis, as well as the same supervisor, so there will be direct supervision of the patrol. Councilmember Heller stated she had read that the Department was considering another Citizens' Police Academy, directed toward the youth in the community, and Chief Krolak stated this was one of the issues that came up during meetings with a number of Department Heads talking specifically about the issues in the Canal, but it is something the Department has also been talking about, trying to get a grasp on how to facilitate such a program. He reported that toward the end of the last school year they talked with the principals of Terra Linda High School and San Rafael High School, trying to find a good way to incorporate some of the kids from the high schools into the Citizens' Academy, or to design an academy specifically for them, noting one of the things they would like to try to do, is to have the schools select the kids to participate in the program, but at the same time see if there was a way for the students to earn extra credits through the school, because it is very time consuming and involved. He felt the kids deserved some kind of credit and recognition from the schools for spending those hours and participating. Chief Krolak stated the idea of the Academy would be not only to open up the Police Department to them so that they have a better understanding of what the Department does, but also to hopefully get some of the young people from the High Schools interested in job opportunities or job skills that might be available to them in law enforcement. Councilmember Heller stated she enjoyed participating in the Citizens' Police Academy, and was particularly impressed with the quality of the Police Officers and their enthusiasm for their jobs, noting she knew they were there on their own time, and not on City time. Ms. Heller thanked Chief Krolak for his Friday Memos, noting she has found them to be very informative. Councilmember Phillips stated he felt Chief Krolak was on the right track concerning community involvement, noting he, too, had taken part in the Citizens' Police Academy, and had found it to be very educational, with strong impressions as to the capabilities of the Officers under Chief Krolak's direction. Mr. Phillips also felt the Newsletter was a good idea, to inform the public as to what is taking place, both good and bad. He stated we all deserve a fair representation from the Police Department, and he felt the community was getting that, noting an informed public is far better than an uninformed public, particularly in terms of how we might deal with them. Councilmember Phillips extended an invitation to those in the audience who have never gone on a ride with one of our Police Officers, stating it leaves quite an impression. Councilmember Phillips stated the outreach regarding the elderly and some of the Latino population was good, and perhaps more of that should be done. He encouraged Chief Krolak to continue these programs, and perhaps even expand the Department's participation. Councilmember Phillips referred to the crime statistics for various types of crimes occurring in 1992 through 1995, and stated it seemed as though crimes against persons, such as forcible rape and assault, seemed to be up, while crimes involving property, such as burglary and larceny, seemed to be down. Mr. Phillips asked Chief Krolak why he thought that was? Chief Krolak stated it SRCC MINUTES (Regular) 8/5/96 Page 8 SRCC MINUTES (Regular) 8/5/96 Page 9 was hard to say, reporting that assaults are something being seen throughout our society, and noting there was much more anger, with people much more willing to grab a weapon, or to fight or antagonize someone else into fighting, and alcohol is also a factor in a number of these types of crimes. Chief Krolak reported the incident of rape certainly is something that is of great concern for the Police Department, but it is also something that is difficult to do something about, other than to continue to interact with the Marin Rape Crisis Center, and to provide information to the public through our crime prevention programs, so that females are much more aware of their surroundings, where they are, the times, and what is going on around them, because they will be in much more control to thwart those kinds of things than the Police Department, because of the type of crime. Chief Krolak reported they have seen, over the past couple of years, quite an increase in "date rape", where men and women meet each other at any number of types of social events, and then find themselves in a situation that is very uncomfortable, especially for the female, and it is very difficult for them to say no or to resist the attack of their male counterpart. He stated he felt, overall, the assaults, rapes and robberies seem to be up, and this is certainly a concern, noting whether this is partly brought on because of the economy is hard to say, but it is certainly something they have seen an increase in, and it concerns them because younger people are more willing to grab weapons, and are more willing to use those weapons, without thinking of the consequences. Chief Krolak stated it seems that weapons are proliferating, and seem to be so much more available in our society, and although there are national debates about that whole issue, it is something his Department is trying to address, locally, as best they can. Councilmember Phillips noted Chief Krolak mentioned perception as a large portion of the concern that many residents have, noting he suspected that these types of crimes, crimes against persons, are of greater concern than motor vehicle, and maybe there is justification for some of that reality versus perception. He stated if there are issues and approaches the City can take that require the Council's support, he would be in favor of expanding in that area. He noted he could not help but mention that the Department still has vacancies, noting there have been discussions about this issue. He stated he would like to know how the Department is going to fill those vacancies, and he would like to see this issue addressed again, noting we need to fill those positions. Chief Krolak stated his Department works very closely with the Personnel Department trying to assist them, and when there are vacancies, they send flyers not only to all of the law enforcement agencies in the State, but also to all the training centers in the State. He noted that in talking with other Police Departments, this has become a problem for them, as well. He stated the Council is certainly taking steps, with the recent salary negotiations that have been taking place, to help fill some of the gap that will conceivably make a difference in that issue. Councilmember Phillips stated he had hoped the Council had made some positive impact, noting that had been one of their motivating factors, to bring us more in line with some of our neighbors so that we could, in fact, fill those positions. City Manager Gould stated the Chief has been given the authority to, in essence, over -fill, so that we have people in the academy when vacancies occur. Referring to the crime trends that were mentioned, Mr. Gould noted Chief Krolak had provided over four years' worth of data, which gives certain information; however, if you look a little broader at the last six years, it shows that overall crimes against persons are also on the decline, and that is something that is occurring not only in San Rafael, but also statewide and nationally, so we are at least benefiting from the national trends. Councilmember Miller complimented Chief Krolak and his Department in terms of the movement toward community policing, stating this is a nationwide phenomenon, and to see the City moving in that direction, and enhancing our policing activities, is a comprehensive part of the program toward genuine social development, and is a great work. He stated he encourages, compliments, and thanks Chief Krolak and his entire Department for that philosophical change, noting philosophical changes come harder than operational changes, and it seems the Department is certainly heading in that direction, and he felt that was really quite wonderful. Mr. Miller stated he had received several calls concerning the Police Department's Newsletter, noting he had been asked by both the Federation of San Rafael Neighborhoods and the Black Canyon/Dominican group, if perhaps the Newsletter could be distributed through the various Neighborhood Associations. He stated the Associations contacting him were very pleased about the Newsletter, first because it gave an actual view of what is happening, and credited people with an intelligence and understanding, SRCC MINUTES (Regular) 8/5/96 Page 9 SRCC MINUTES (Regular) 8/5/96 Page 10 and secondly, it also pointed out the activities of the Police Department, showing our Police Officers are out there really working and trying to keep the peace, and doing a good job at it, too. Mr. Miller suggested having the Neighborhood Associations contact either Chief Krolak or the Information Officer, to see if something could be done to have the Associations help in the dissemination of the Newsletters. Chief Krolak stated it would be relatively simple to expand the mailing list. Mayor Boro acknowledged Chief Krolak has been working very hard at the vacancies, noting the Department had been down to only two vacancies just recently, and then the Department had a loss and also added a position because of the foot patrol; however, Mayor Boro stated he was pleased because he knows Chief Krolak and his staff are working very hard in getting the Department up to 100%. Mayor Boro referred to the San Rafael Citizens' Police Academy, which is open to anyone who lives in San Rafael or has a business in San Rafael, explaining the Academy runs three times a year, meeting once a week for ten consecutive weeks from 6:30 PM to 9:30 PM. Mayor Boro stated he and a couple of the other Councilmembers have gone through the Academy, and it truly is a good way to understand what your Police Department is all about, noting it is taught by the men and women who do the job, not by the administration staff, but by the Officers who are on patrol, the Officers who drive the cars, the Officers that run dispatch, and perform the other duties of the Department. Mayor Boro encouraged any who had any interest to participate in the Academy. Mayor Boro referred to community policing, noting Chief Krolak's comment that approximately 80% of the Police Department's calls are related to quality of life, fear, or social issues, rather than actual crime issues. Mayor Boro stated he felt that was what community policing was all about, to have a consistency in the presence of Officers in the community, so the people know them and the Officers know the people, and they can identify what is good and what is bad and address those issues. He stated the Department needs to include anything more that we can do to reach out, noting the bicycle patrol has certainly been a good extension, as has the foot patrol Downtown. Mayor Boro reported the new City Manager has some creative ideas about what he has been able to implement elsewhere, and he felt certain that with Chief Krolak's cooperation, he will be able to do the same in San Rafael. 19. PUBLIC HEARING - CONSIDERATION OF A RESOLUTION INCREASING THE CURRENT $15 RATE PER RUNOFF UNIT TO $20 FOR 1996 AND THEREAFTER INCREASING IT BY $2 PER YEAR FOR THE FOLLOWING FOUR (4) YEARS, TO A MAXIMUM OF $28 PER YEAR, FOR PURPOSES OF CALCULATING THE CLEAN STORMWATER ACTIVITY FEE PURSUANT TO CHAPTER 9.40 OF THE SAN RAFAEL MUNICIPAL CODE (PW) - File 4-4-6b Mayor Boro declared the Public Hearing opened, and asked for the staff report. Public Works Director Bernardi reported that a little over a year ago the Council adopted an Ordinance adding Chapter 9.40 to the Municipal Code, noting this Chapter is entitled "A Clean Stormwater Activity Fee", and the fee is used to provide maintenance and repair of the City's storm drainage facilities, to provide Capital Improvements to the City's storm drainage system, and to provide other clean stormwater activities. Mr. Bernardi noted the fee is based on a formula which includes factors known as the Rate per Runoff Unit, and this factor is set by the Council by Resolution, and may be adjusted from time to time as required. Mr. Bernardi stated the program has been set up so that a unit is a single-family dwelling, and any other land uses are a multiple of a single-family dwelling. He stated the reason for this is the Federal Government has required that municipalities now begin to clean up the runoff from their streets and properties, and to regulate, at the source, what is considered pollutants into the waters of the United States. Mr. Bernardi stated the City currently collects approximately $446,000 from the current $15 annual fee, and of this fee, $12,000 is paid to the County as an administration fee, to reimburse the County for putting this fee on the property tax bill. He reported $115,000 is also paid to the Marin County Stormwater Pollution Prevention Program, noting this is a Countywide program which involves SRCC MINUTES (Regular) 8/5/96 Page 10 SRCC MINUTES (Regular) 8/5/96 Page 11 all the cities in the County of Marin in meeting the Federal requirements. Mr. Bernardi stated the program consists of public education, enforcement, and grants to non-profit agencies to improve the various waterways in Marin County. He reported the program, on a Countywide basis, is approximately $800,000, and San Rafael's share of that is $115,000. Mr. Bernardi stated San Rafael is administering the program for the entire County, although we are looking at other options, noting that if the Master JPA which the managers have been talking about comes to fruition, it appears as though this program would become a likely candidate for the Master JPA. Referring to previous discussion regarding the City's infrastructure needs, Mr. Bernardi stated he has told the Council the City's storm drainage systems are in pretty bad shape, and the report contains a listing of some of the City's current needs. He stated this list totals $16 million, and basically deals with those issues staff currently knows about; however, if they actually went out and looked more closely, he suspects they would find an even greater need. Mr. Bernardi stated the City's storm drain system primarily consists of old corrugated metal pipe that is rusting, clay pipe, stone, and even some wooden pipes. He reported that at the current time there is no program to replace these facilities, noting they are only replaced when they physically collapse and the City needs to take immediate action. Mr. Bernardi stated that as our system gets older, it will continue to deteriorate, and the City will be faced more and more with the issues of dealing with immediate needs, noting the City must be able to provide some mechanism for funding these issues that we already know about. In addition, Mr. Bernardi stated that because of the Federal mandates, as these storm drains deteriorate, silt and other contaminants will wash into our storm drain system and into the Bay, which is a clear violation of the Clean Water Standards set up by the Federal Government. Mr. Bernardi stated there are other issues, as well, which the City must deal with, noting that in some cases we have storm drainage facilities which are located outside the City's right-of-way, and while they are the City's responsibility to maintain, we really do not have any access rights to maintain them, and we do need to take them out of private property and put them into the City streets where they belong. In looking at the program over the next five years, Mr. Bernardi stated they spent a lot of time trying to figure out what would be appropriate for the Council to consider. He noted the report lists the rate per runoff unit from $15 up to $28, and the chart indicates the various revenues realized from each of those fees. He noted a $2 increase per runoff unit would net approximately $60,000 in additional funds. He stated staff has analyzed several different options, which are listed in the report, and noted staff's recommendation for the next five years would include an increase in the runoff fee for this current year from $15 to $20, and then a $2 increase every year thereafter, for a period of five years, for a total of $28 annually for a single-family parcel. Mr. Bernardi stated staff had surveyed other cities to determine what their stormwater fees were, and those are also listed in the report, noting the average of all the cities is currently $24.50, so he felt that in five years San Rafael would be just slightly above what is currently average for the various cities. Mr. Bernardi noted the staff report contains a chart which lists the largest parcels, and shows the projected cost increases over the next five years. He stated he had spoken with Chamber of Commerce President Elissa Giambastiani, noting she was concerned about the fees for the typical large commercial building, using a 25,000 square foot commercial building as an example. Mr. Bernardi reported the current fee for such a building is $100 per year, and by increasing the fee according to staff's recommendation, in five years the fee would be $186 annually. Referring to the environmental review, Mr. Bernardi stated staff believes the proposed increase is not subject to CEQA (California Environmental Quality Act) , and they have attached an environmental review form for Council' s review. Councilmember Phillips asked what Ms. Giambastiani's reaction had been when told what the increase would be on the 25,000 square foot commercial parcel? City Manager Gould reported he had spoken with Ms. Giambastiani, who stated she had discussed this with several members of the Chamber, although she has not yet had the opportunity to bring it before their Board of Directors. He noted Ms. Giambastiani stated the four or five members she discussed this with did SRCC MINUTES (Regular) 8/5/96 Page 11 SRCC MINUTES (Regular) 8/5/96 Page 12 not find the increase unreasonable. Councilmember Phillips noted the recommended increase calls for a current increase to $20, and then a $2 increase per year for an additional four years, and asked if the Council could come back next year, if there was adequate justification, and change the amount of the $2 increase, or was this a fixed amount for those four years? Mr. Bernardi reported the current Ordinance allows the Council to set the rate every year, noting staff is recommending a long-range program that will allow the City to plan out, over the next five years or so, a Capital Improvement program so that we will actually be able to get some things done. However, if the Council chooses to, they may set the rate every year. Mr. Phillips noted the City knows we are sorely lacking in terms of our infrastructure, and he felt Mr. Bernardi was correct that the $16 million was just for openers. He also stated the City's fee is well below average with the fees of other cities, and will be even after four years, as the other cities will probably increase their fees during that time. Mr. Phillips stated he believed the City is underfunded and we, as a community, need to recognize that and put more resources into this. He noted that although he felt Mr. Bernardi's recommendation was a good one, he would be inclined to review this once again and perhaps increase it more than has been recommended, stating if we do not start increasing at some point in time, we are really going to be behind the eight ball. Mr. Phillips stated Mr. Bernardi had done a good job of laying out a reasonable approach, but at some point in time the City must bite that bullet, and he felt this was one place where we could address the issue. Mr. Bernardi stated what staff has recommended would raise approximately $3 million over the five year period, which the City will be able to use to put into the storm drain system, although this will still leave the City with a $13 million deficit, so Mr. Phillips' point is well taken. Mr. Phillips suggested perhaps the City Manager might take one more look at this issue. Councilmember Heller noted Mr. Bernardi had pointed out that the fees the City pays to the Countywide JPA for MCSTOPPP are going to increase, and the County will probably raise their prices for their administrative costs, so the City could just end up getting less, and the storm drains will become more decrepit. She stated she understands the philosophy and applauds the fact that the Federal Government has said it is time to clean up our streets and our water; however, she wishes they had handed us a little bit of money to do it with, noting it seems irrational for them to expect the local body to pick up everything, because we cannot afford it. Mayor Boro asked if there was anyone in the audience who wished to address the Council regarding this issue. Ray Swanson, resident of the Bret Harte area, addressed the Council, stating he understands the City's dilemma regarding the money, but asked how many years this was going to go on? Mr. Bernardi stated the stormwater fee, unless the Council changes it, will continue forever. Mr. Swanson stated the City was not going to clean up the Bay, because it was chemicals from oil refineries and industry that are polluting the Bay. He stated he felt there had to be some stop to the cost. Mayor Boro stated Mr. Bernardi reported the City was approximately $16 million short of funds for improving our system, and this would raise approximately $3 million of the needed $16 million; therefore, it was not a matter of spending more than we need. Mr. Swanson stated he felt the tax was going up too high, and he did not believe half of it was necessary, nor did he feel the City was cleaning up the Bay, noting the mud comes all the way from Sacramento into our Bay. Mayor Boro then closed the Public Hearing. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution increasing the rate per runoff unit by $5 for 1996, and thereafter by $2 per year for the next four years for the purpose of calculating the Clean Stormwater Activity Fee Pursuant to Chapter 9.40 of the San Rafael Municipal Code. ADOPTED RESOLUTION NO. 9657 - RESOLUTION INCREASING THE CURRENT $15 RATE PER RUNOFF UNIT TO $20 FOR 1996 AND THEREAFTER INCREASING IT BY $2 PER YEAR FOR THE FOLLOWING FOUR (4) YEARS, TO A MAXIMUM OF $28 PER YEAR, FOR PURPOSES OF CALCULATING THE CLEAN STORMWATER ACTIVITY FEE PURSUANT TO CHAPTER 9.40 OF THE SRCC MINUTES (Regular) 8/5/96 Page 12 SRCC MINUTES (Regular) 8/5/96 Page 13 SAN RAFAEL MUNICIPAL CODE (SRMC). AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 20. PUBLIC HEARING - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: (PW) - File 6-48 Mayor Boro declared the Public Hearing opened, and asked for the staff report. Public Works Director Bernardi reported staff was presenting a Resolution confirming the Assessment Diagram and levying the assessment for fiscal year 1996/97 for the Baypoint Lagoon Landscaping and Lighting District. He stated the fee will not change, noting it has remained the same for the past couple of years. He stated this fee and this district were required as part of the Conditions of Approval for the Baypoint Lagoons project, and the funds are primarily being used to conduct the monitoring project for the lagoon itself, with the money collected being used to pay the consultant to prepare the report and make recommendations. Mayor Boro asked if this was basically following the agreement that was reached at the time the project was developed, as part of the mitigation for this project? Mr. Bernardi stated that was correct. Councilmember Heller asked how long this would be overseen, and whether it would have an end? Mr. Bernardi stated he believed this would sunset next year. Ms. Heller asked if, at that time, we would look at the report from the consultant and then decide, with the community, whether we needed to continue? Mr. Bernardi stated that was correct, and noted it had been stated in the initial review of the pond that once the native plant material was established and the non-native, invasive species were removed, the pond would pretty much be on its own, and would continue to be that way, with very periodic reviews. Mr. Bernardi stated he would anticipate that either next year or the year after the funding for this would cease. As there was no one who wished to address the Council, Mayor Boro closed the Public Hearing. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution confirming the Diagram and Assessment and levying the assessment for fiscal year 1996/97. ADOPTED RESOLUTION NO. 9658 - RESOLUTION CONFIRMING AND DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 1996-1997, BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 21. PUBLIC HEARING - TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AT 370 IRWIN STREET, SAN RAFAEL AND TO ABATE IN WHOLE OR PART (Pl) - File 3-3-50 x 13-9 Mayor Boro declared the Public Hearing opened, and asked for the staff report. City Attorney Ragghianti asked that William Palmer, Acting Code Enforcement Officer, be sworn -in by the City Clerk in order to present evidence to the Council. Mr. Palmer was sworn -in by City Clerk Jeanne Leoncini. City Attorney Ragghianti reported the Councilmembers had been given a packet of information which served as a chronology of the City's involvement concerning this piece of property, and the events leading up to this Public Hearing to determine the existence of a Public Nuisance. Mr. Ragghianti requested that all photographs and items attached to the Agenda Report be accepted into the record to form a part of it in support of staff's request to adopt this Resolution, or any amendments to it which Council may feel are appropriate at this time. Acting Code Enforcement Officer William Palmer reported this situation began in SRCC MINUTES (Regular) 8/5/96 Page 13 SRCC MINUTES (Regular) 8/5/96 Page 14 1987 when a building permit was issued to the property owner to repair the foundation of the building at 370 Irwin Street, and to raise the structure and add two rooms and a garage beneath the existing house. Mr. Palmer stated the work was legal and was approved, but it progressed very slowly and sporadically over the years, noting that currently it is essentially finished. However, Mr. Palmer reported that in the process of this remodeling, a Public Nuisance has been created, which now requires abatement. He reported the Nuisance is a second dwelling unit that has been established, a contractor's yard that was created in the backyard, a backyard full of construction equipment and material, broken concrete, bricks, lumber, logs, debris of various sorts, and an illegal chainlink fence placed on the front and side of the property. Mr. Palmer referred to the Xerox copies of the photographs of the property. City Attorney Ragghianti asked Mr. Palmer if he had taken the photographs, and Mr. Palmer answered that he had not. Mr. Ragghianti asked if Mr. Palmer knew whether the photographs given to Council accurately and truthfully depict the condition of the premises as shown? Mr. Palmer stated that they did, noting the photographs had been taken by Code Enforcement Officer Claire Machado on May 13, 1996. Councilmember Phillips asked if the term "as shown" meant the photographs depicted the property as shown today, or on May 13th? Mr. Ragghianti responded the photographs depict the property as of May 13th, and that Mr. Palmer would address the condition of the premises today. Mr. Palmer stated he had additional photographs of the property as it is today, which he would show later in his presentation. Mr. Palmer reported the Bret Harte Community Association has been quite active and interested in this project. He noted that over the years the City has had several telephone calls, and this property has been looked at by both the City and the homeowners. He stated the City tried to reach compliance by talking with the homeowner but did not have much result, and finally, on May 13th, an inspection of the premises was made by former Code Enforcement Officer Claire Machado, and she issued a "Notice to Correct Violations" at that time. Mr. Palmer reported that over a period of approximately two months very little, if anything, was done as a result of the Notice of Violation, so a "Final Notice to Correct Violations" was issued on July 11, 1996. Mr. Palmer stated this notice included the specific warning that if violations were not abated by July 23, 1996, a Notice of Public Hearing would be given for an August 5, 1996 hearing before the City Council to declare these violations a Public Nuisance. Mr. Palmer reported that on July 23rd a lot of progress had been made, but the property still had not been brought up to standards, and all of the violations had not been corrected. Mr. Palmer distributed additional photographs which were taken on Friday, August 2, 1996, as well as photographs taken today, which showed some progress had been made, but there was still some clean-up that needed to be done in the backyard, and the second unit had not been abated as of Friday, August 2nd. Mr. Palmer noted the chainlink fence had been corrected, with the chainlink being removed and replaced with concrete covered with stucco. City Attorney Ragghianti asked Mr. Palmer if he had taken these photographs now being presented to the Council, and Mr. Palmer responded that he had. Mr. Ragghianti asked if Mr. Palmer had taken these photographs at the scene, and Mr. Palmer stated he had. Mr. Ragghianti asked if the photographs accurately and truthfully depict the condition of the property as it existed on the date taken? Mr. Palmer stated they do. Mr. Palmer reported there was still material to be removed from the backyard, and the illegal second unit had not been abated, noting the stove and cooking facilities have not been removed. Consequently, Mr. Palmer stated that in spite of the progress that has been made, and the fact that Mr. Torres has been working very diligently since early July, there was a tremendous amount of clean-up that needed to be done, and since it is not done yet, staff is recommending the Council declare the conditions on the property located at 370 Irwin Street constitute a Public Nuisance as defined in the City' s Ordinance. Mayor Boro invited Mr. Torres to address the Council. Tirso Torres addressed the Council. Mayor Boro noted the Code Enforcement Officer had outlined the problems with Mr. Torres' property, and acknowledged this had been a long, drawn-out activity. Mayor Boro stated the information before the Council is that this problem has still not been corrected, and asked Mr. Torres where he was in this whole process. Mr. Torres stated he did not understand the question very well in English. Mayor Boro reiterated Mr. Torres SRCC MINUTES (Regular) 8/5/96 Page 14 SRCC MINUTES (Regular) 8/5/96 Page 15 was aware that he had several violations on his property, and Mr. Torres stated that was correct. Mayor Boro stated that Mr. Torres was expected to correct those violations, and it has not happened yet, so the City was being asked to do something about this. He again asked Mr. Torres where he stood on correcting these problems? Mr. Torres stated he knew he had to correct the violations as soon as he could, and that was what he was trying to do now. Mayor Boro stated this had been going on for approximately nine years, and the problems had not been corrected, and asked Mr. Torres when he felt they would be corrected? Mr. Torres stated he thought they could be corrected this year. Mr. Torres stated he did not know how much he was supposed to do in the backyard, although the inside could be done in a couple of days. Mr. Palmer noted Mr. Torres has had some help in trying to correct these violations, and at the rate he has been going, Mr. Palmer thought he should be able to get it done, with what the City is suggesting, within fifteen days. Mr. Palmer stated there may be a problem in getting rid of some of the equipment and trucks in the backyard, but fifteen days should be a reasonable time. Mayor Boro asked if Mr. Palmer was recommending that these problems be cleaned -up and all issues resolved within two weeks, otherwise we would begin the process where the City would step in and do this? Mr. Palmer stated that was his recommendation. Mr. Torres stated he could clean-up the property, but he did not know where he could put his truck. Councilmember Phillips stated the Council has been given a substantial amount of correspondence regarding this issue, some of it dating back to 1988, and noted there was a recent letter dated May 17, 1996 that clearly spelled out what needed to be done on the property. Mr. Phillips stated the letter was addressed to Mr. Torres and listed three things that needed to be done, and asked if he had received the letter from the City? Mr. Torres stated he had received the letter, and that he began the clean-up work the last week in May, but had problems with the man who was supposed to be working on the property. Mr. Phillips stated he was concerned with whether or not Mr. Torres had received the letter, because Mr. Torres had seemed unclear about what was required of him to correct the situation. Mr. Phillips asked Mr. Torres if he was clear as to what was required of him, under the terms of the May 17th letter, to improve the situation at that site? Mr. Torres stated that he was, because he had spoken with Ms. Machado after he spoke with his lawyer. Mayor Boro asked if there was anyone in the audience who wished to address the Council. Robert Franz, 83 Billou Street, addressed the Council, noting he lived around the corner from Mr. Torres. Mr. Franz stated that during the six years he has lived in this neighborhood, he has become involved with the Bret Harte Community Association, and they have been discussing this problem for approximately five years. He noted he has had conversations with Mr. Torres, asking when he was going to start cleaning up his mess, and stated Mr. Torres' attitude was that it was his property, and that was the way he dealt with things, and it was none of Mr. Franz' business. Mr. Franz stated he believed everyone has a responsibility to the community, and he felt Mr. Torres' house was an eyesore to the whole neighborhood. Mr. Franz stated not only has Mr. Torres not taken care of the problem, he has actually increased the mess over the last year and a half. He stated Mr. Torres had received several warnings which have not been enforced, and he felt this situation had gone on long enough. Shirley McClung, 253 Irwin Street, addressed the Council, noting she had been chosen as a spokesperson by the Board of Directors of the Bret Harte Community Association. Ms. McClung stated their problem with Mr. Torres has been that he has neglected to fulfill any of his obligations, noting the neighbors have dealt with this for a very long time. As an example of how long they have been dealing with this problem, Ms. McClung stated she had stood with Mayor Boro the first time he ran for the San Rafael City Council, and tried to get him safely through their neighborhood while all the residents were out in the street discussing the Torres' house. Ms. McClung stated she had spoken with eight families this past weekend, all of whom live on Bret Harte or Irwin Street, just to be certain everything was very clear. She noted these families have lived in the neighborhood for many years, and remember the Torres family moved to Irwin Street in the 1970's, and lived there until they moved to San Francisco, pointing out that Mr. Torres does not live in this house. Ms. McClung stated the residents had been very worried about the construction materials, and stated SRCC MINUTES (Regular) 8/5/96 Page 15 SRCC MINUTES (Regular) 8/5/96 Page 16 Mr. Palmer has done an outstanding job in his follow-up after former Code Enforcement Officer Claire Machado. Ms. McClung reported Ms. Machado had been able to speak to Mr. Torres in Spanish, and tried to clarify things. She noted she and the neighbors had also tried to talk with Mr. Torres, asking him if he would attend a small meeting at Bruce and Sue Scott' s house, to be attended by four of the neighbors and Linda Jackson from the City's Planning Department. Mr. Torres was told he could invite anyone he wanted to attend the meeting with him, and it was hoped they could discuss the situation and see what could be done. Ms. McClung stated she felt Mr. Torres tries to be very careful with his money, and does not want to be extravagant, noting the residents could go along with that, as they are a very understanding neighborhood, and that was what they wanted to talk with him about. She stated one of the Board members even wanted to pay to have the debris hauled away, as they felt the expense of the hauling might have been part of the problem. Ms. McClung stated that since Mr. Palmer's follow-up, Mr. Torres has begun to try to clear the side -yard, but noted that on her way to this meeting tonight, she observed that the yard was filling up again, noting she walks past the house every day and is very aware of what is happening there. She stated the main concern of the neighborhood is that if Mr. Torres does abate this violation and has the area nice and clean, then what will happen the following week? She stated they are extremely concerned because Mr. Torres has not followed-up on anything they have discussed with him, and has not been reliable. Ms. McClung stated she felt Mr. Torres was a very nice man, but she does not believe he cares at all about their neighborhood, because he leaves the neighborhood and goes home. Ms. McClung stated the people who rent this unit pay $800 per month, but it is a firetrap, with only one exit down the front stairs that Mr. Torres built, and no rear exit. She stated this is a very dangerous building, and the neighbors do not want the couple who live upstairs to have any trouble, as they have little babies. She noted the children cannot even go out in the yard because the children would be hurt. Ms. McClung stated this is a very dangerous place, and hoped the Council would consider not only the idea of an abatement, but also a follow-up on this, because the whole community is very concerned. Mayor Boro then closed the Public Hearing. Mayor Boro stated he remembered Ms. McClung showing him the site, and acknowledged it had improved to some degree; however, he believed the community had been more than patient with Mr. Torres, and he felt the recommendation before the Council was reasonable, and urged the Council to adopt the recommendation. Councilmember Heller stated she understood there might be a few problems with completing the clean-up of the property at this time; however, she agreed with the neighborhood, noting her patience was gone just reading through the file. She pointed out that Mr. Torres does have a lawyer, the City has spoken with the lawyer, and the lawyer has certainly discussed the legal aspects of what the City is going to do and the amount of time it has taken Mr. Torres to begin any of the clean-up. Ms. Heller stated she did not agree with Mr. Palmer's recommendation of allowing fifteen more days for the clean-up, stating she would like to have this violation abated immediately. City Attorney Ragghianti pointed out the Municipal Code requires the property owner be given fifteen days following the adoption of the Resolution, noting the City is required to post the property, and that is why the date of August 20th is contained in the Resolution. Therefore, we have to wait until the end of fifteen days. Councilmember Phillips noted it had been suggested that the City follow-up after the abatement of this violation, and asked what follow-up provisions the Council might include, and what other action the City might take with regard to this matter? City Attorney Ragghianti asked what Mr. Phillips meant by follow-up action? Mr. Phillips stated he felt there was concern among the neighbors that while in the short term the conditions regarding the second unit, fence and cleaning -up the yard might be complied with, after a period of time it would revert back to the condition they have been suffering with for ten years. Mr. Phillips asked what safeguards there might be to ensure that it does not revert back to today's condition? Mr. Ragghianti replied that from an administrative standpoint, there were very few. He noted the City had reached the end of the administrative process here, and this would culminate in the adoption, by the Council, of the Resolution ordering this Nuisance Condition be abated, and if it is not, then the City will file a lawsuit against Mr. Torres, and SRCC MINUTES (Regular) 8/5/96 Page 16 SRCC MINUTES (Regular) 8/5/96 Page 17 it will move into the judicial arena, and the City will acquire a Court Order that the Nuisance be abated, and the City will assess all of the costs incurred by the City in connection with obtaining that Order against Mr. Torres' property. Mr. Ragghianti pointed out that once the City obtains such an Order, it is an Order of the Court, and can be enforced by contempt if it is not followed; however, once the Nuisance Condition is removed, it could potentially be reinstated, and once it was brought to our attention, we would bring it to the attention of the Court. Mr. Ragghianti stated that while the Council may have to vote on this issue, courts do not have to vote, and if they get the idea that someone is flaunting their Order, they will hold that individual in contempt. He stated this has been done before, and you do not find many property owners who are testing the resolve of the Court that has ordered that a condition be removed. Mr. Ragghianti stated it was the City's intention to vigorously monitor this situation, and if Mr. Torres does not alleviate this condition fifteen days after this is posted, we are going to sue him. Mr. Phillips thanked Mr. Ragghianti for such a complete answer, stating he suspected, through the efforts of staff, the City will be able to monitor this particular site, noting he was certain the community would also keep us informed. Mr. Phillips stated he felt the community had been very patient, perhaps more patient than he would have been, and he also supported the action that he believed would be passed as a motion. Councilmember Miller stated he was curious about the illegal second unit and what we were requiring, asking if Mr. Torres just has to pull out the stove, or does the wiring have to be taken out, does the plumbing have to be removed, and what conditions Mr. Torres must meet in making that legal? Mr. Ragghianti cited Paragraph of the Resolution, which provides,"Rehabilitating the illegal second dwelling unit by removal of all cooking facilities (stove) and associated wiring and/or plumbing". Mr. Miller stated he wanted to follow-up on the "associated wiring and/or plumbing", asking how far that goes, and if we just clip it at the outlet, or pull the wire out from the wall? Mr. Ragghianti stated he believed the intention was that the stove is taken out, and the plumbing in connection with any associated facilities gets taken out, because it is "cooking facilities" that are usually the distinguishing factors attributed to a second dwelling unit. Mr. Palmer stated in this case it is a gas stove, and he informed Mr. Torres he would have to remove the gas line as well as removing the stove. Mr. Palmer stated there is no 220 Volt wiring inside the house, so that is not a problem. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution declaring certain construction materials, trash and other debris and an illegal second dwelling unit located at 370 Irwin Street to constitute a Public Nuisance and ordering City Officials to abate this nuisance and assessing the expense of abatement as a lien against the property. ADOPTED RESOLUTION NO. 9659 - RESOLUTION DECLARING CERTAIN CONSTRUCTION MATERIALS, TRASH AND OTHER DEBRIS AND AN ILLEGAL SECOND DWELLING UNIT ON PROPERTY LOCATED AT 370 IRWIN STREET TO CONSTITUTE A PUBLIC NUISANCE, ORDERING CITY OFFICIALS TO ABATE THIS NUISANCE, AND ASSESSING THE EXPENSE OF ABATEMENT AS A LIEN AGAINST THE PROPERTY. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 22. PUBLIC HEARING - PLANNED DISTRICT ZONE CHANGE, MASTER USE PERMIT, AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR A SINGLE-FAMILY ESTATE, INCLUDING A SINGLE-FAMILY RESIDENCE, SEPARATE GARAGE, BARN WITH CARETAKER'S UNIT, AND COVERED RIDING ARENA AT 1499 LUCAS VALLEY ROAD, SAN RAFAEL ; AP No. 165-010-89; DENNIS AMOROSO, OWNER; FARRELL-FABER ASSOCIATES, REPRESENTATIVE (Pl) - File 10-3 x 10-5 x 10-7 Mayor Boro declared the Public Hearing opened and asked for the staff report. Planning Director Pendoley stated this was a re -zoning for a parcel of slightly less than nine acre size, on the western most limits of the City on Lucas Valley Road. Mr. Pendoley explained it is being treated as a Planned District, even though only one home is involved, for two reasons; first, the size of the property, and the fact that our Ordinance states anything over five acres must be a Planned District; and second, because the property owner is proposing a number of buildings that are not accommodated in our traditional single-family districts, but are allowed by our General Plan and can be permitted with a Planned District. Mr. Pendoley reported that specifically, the owner plans SRCC MINUTES (Regular) 8/5/96 Page 17 SRCC MINUTES (Regular) 8/5/96 Page 18 to build a 6,500 square foot home, associated garage facilities, a barn, and a covered riding arena. Mr. Pendoley stated this project had been considered by the Design Review Board on two occasions, noting they had enthusiastically endorsed it. He reported that at the Planning Commission meeting of July 23rd there was no testimony, and while there was a letter from the Lucas Valley Homeowners Association, most of their issues had already been addressed, and the one issue that remained was the issue of lighting. Mr. Pendoley stated that at the conclusion of their hearing, the Planning Commission decided the lighting, as proposed, was necessary for safety, although they did apply the City's Standard Lighting Review conditions, which means that after the home has been occupied, the City will go back and look at it thirty days later, and can require adjustments to the lighting, if necessary. Mr. Pendoley stated the applicant's architect was present to answer questions, but because there was no public testimony last time, he did not ask the architect to prepare a presentation for the Council, only to be available to answer any questions they might have. Mayor Boro asked if anyone in the audience wished to address the Council on this matter. Shawn Faber, Farrell -Faber Associates, Architects, addressed the Council, stating this had basically been a very smooth process, and he wished to commend Mr. Pendoley, his staff, and the City process, noting it had been an enjoyable, rather rapid process that had gone very smoothly, and he just wanted to bring that to the attention of the Councilmembers. Mayor Boro then closed the Public Hearing. Councilmember Heller moved and Councilmember Phillips seconded, to adopt the resolution approving the Negative Declaration. RESOLUTION NO. 9660 -RESOLUTION CERTIFYING THE NEGATIVE DECLARATION FOR A ZONE CHANGE (ZC96-4), MASTER USE PERMIT (UP96-29), AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED96-48) FOR THE DEVELOPMENT OF A SINGLE-FAMILY RESIDENTIAL ESTATE; 1499 LUCAS VALLEY ROAD; (APN: 165-010-89). AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PD (PLANNED DEVELOPMENT) DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: ZC96-4, 1499 LUCAS VALLEY ROAD, AP NO. 165-010-89) (SINGLE-FAMILY ESTATE)" Councilmember Phillips 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. 1701 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution approving the Master Use Permit and Environmental and Design Review Permit for a single-family residential estate. RESOLUTION NO. 9661 -RESOLUTION APPROVING THE MASTER USE PERMIT (UP96-29) AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED96-48) FOR A SINGLE-FAMILY RESIDENTIAL ESTATE; 1499 LUCAS VALLEY ROAD; (APN: 165-010-89). AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen NEW BUSINESS: SRCC MINUTES (Regular) 8/5/96 Page 18 SRCC MINUTES (Regular) 8/5/96 Page 19 23. CONSIDERATION OF THE EXERCISE OF OPTION TO PURCHASE DIXIE SCHOOL DISTRICT'S BERNARD HOFFMAN BALLFIELDS (Rec) - File 4-7-28 x 220 x 9-3-65 x 9-3-66 Recreation Director Sharon McNamee noted the City Attorney's Office and the Planning Department had contributed a great amount to this report, and thanked them for their portions. Ms. McNamee stated this action is a legal step where the City has an option to take when the School District has surplus property, noting there is State legislation that requires them to offer the land to a public agency, and enables the City to enter into negotiations to acquire the property and preserve it as an important recreation facility. Ms. McNamee stated the City has received such notification from the Dixie School District for Bernard Hoffman School, for a 3.7 acre parcel which they are surplusing, noting 2.8 acres of this parcel are used as ballfields. Ms. McNamee stated the Park and Recreation Commission reviewed this issue at their meeting in July, and heard from several of the San Rafael Girls Softball parents, who spoke of the tremendous need for this field to be preserved, as it is one of only two in San Rafael, and is the only one in the Terra Linda Valley. Ms. McNamee stated the City Attorney's Office had clearly outlined the legal proceedings and the City's options, and noted our General Plan policies are very clear, stating in the Recreation Plan that the City should continue to cooperate with the school in the preservation, acquisition, or use of recreational facilities, and as schools are closed the City should work to preserve those that are rated high. Ms. McNamee stated this facility is rated high, and is one of the only recreation facilities in the neighborhood, so it also serves as a local neighborhood park. Ms. McNamee stated Land Use policies show this property would be zoned for Low-density Residential as an underlying zone if it were to be sold, and that would allow approximately fourteen to sixteen single-family houses to be built. Ms. McNamee reported they tried to get an estimate of what we were looking at if we did have to purchase this property, and an in-house estimate from the Redevelopment Agency set the Fair Market Value amount at approximately $100,000 per lot, or a maximum of approximately $1. 6 million, noting Dixie School District had set the Fair Market Value at $1.5 million. In reviewing potential funding sources, Ms. McNamee stated we do not have large amounts of money to acquire land like this, but we could look to the community, noting it was explained to the residents at the Park and Recreation Commission meeting that they would be good partners, and necessary partners, in making this happen. She stated the City could also look at an Assessment District of some sort, noting we do have two funds; first, the Bedroom Tax, which is replenished very slowly Citywide, noting this fund has been used as leverage money, in that we will put a little bit of money toward a project and try to "grow" that money. Ms. McNamee stated the second fund is the Parkland Dedication Fund, which are funds that come in through the QUIMBY Act when a subdivision is built, noting there is quite a bit of money in the North San Rafael Neighborhood, but it is already committed to certain projects; however, she felt we could look at that again and see if there is a way to get those funds, and if it is legally possible to go toward this type of project. Ms. McNamee acknowledged that this project is not an obligation the City must move forward with, but one that we want to look at and consider, and one in which the community would be a good partner. She reported we do meet the basic Naylor legislation requirements, we do have it in our Plan, we do rate it as High, and there is community interest in preserving it, so the Park and Recreation Commission felt very strongly that this was something we should move forward with. She stated a Letter of Intent does not obligate the City to purchase the land, only to enter into negotiations. She noted there is no set deadline on the discussions, and in talking with other local jurisdictions who have gone through this process, sometimes it is a very quick and amenable process, and both agencies are very interested in preserving the property, while other times there are different financial interests and it does take a long time, and you end up working out deals where some land is sold and some is not. John King, addressed the Council on behalf of the San Rafael Girls Softball, and noted many other members of the community also speak in support of the recommendation before the Council. Mr. King stated this is an important facility for many reasons; first, because of the people who use it, noting it is used by approximately 350 girls with the San Rafael Girls Softball, it SRCC MINUTES (Regular) 8/5/96 Page 19 SRCC MINUTES (Regular) 8/5/96 Page 20 is used by Youth Soccer, and the Terra Linda Girls Junior Varsity Softball Team, as well as several adult softball leagues in the neighborhood. Mr. King stated there are no other comparable facilities for those activities, and the availability for youth sports, particularly girls youth sports, is such that it makes this very important to the community. Secondly, Mr. King stated the organizations using this field are excellent partners in the maintenance of the field, noting San Rafael Girls Softball maintains the field from January to May, and Mr. King stated the City would be in the enviable position of owning a field that comes complete with good tenants. Third, Mr. King stated, as was indicated previously, to the extent that a non-profit organization of the type of the San Rafael Girls Softball League can, they would be willing to be active partners in trying to work through the financial arrangements with the City and contribute in whatever way possible for the acquisition of the field. Mr. King thanked the Council for their consideration in moving this project forward, stating they hope they can work with the City to make that happen. Mayor Boro stated he felt the path before the Council was a good one to pursue, and he believed we could find a way to strike up a partnership with the community and the City, noting we will talk to the School Board Members, and the School District itself. He stated he had a philosophical difference of opinion, noting he understood the School District has the right to declare a piece of property as surplus, but at the same time he felt the School District and its Board must be responsive to the needs of its community, and he felt this meant they should somehow be part of this equation, not only in what is required by the law, but also what they might do to make this happen, because they need to be accountable and responsive to the needs of the people in the community who elect them as well, knowing at the same time they have the need to raise dollars to continue to support the school system and to do the things they need to do. Mayor Boro stated, hopefully, as we go through this process over the next several months, we will find a way that we can all come out winners, noting it certainly sounds like the community is willing to go forward, and the City certainly supports this use in its General Plan, so it is important to find a way to make this happen. Councilmember Heller asked if any of the other groups, other than the San Rafael Girls Softball League, provide any upkeep on the field, noting it would be a consideration, because if the City were able to purchase the property, we would need help in keeping it up. Ms. McNamee stated the Girls Softball is currently doing the primary maintenance on the field, and the other users are mostly "drop-in" users; however, she felt these were groups we could cultivate to help with this, and perhaps look at some kind of scheduling so they had set times and could contribute to the overall goal. Councilmember Heller stated she did not understand the law that allows the City to purchase the field, and asked if the City can negotiate the price with the Dixie School District, or does it have to be what they say the estimated value is? Assistant City Attorney Guinan stated the Naylor legislation provides a floor that is the minimum at which the School District can sell the property to the City, and it also provides a ceiling, noting within that range there is room for negotiation. He reported this legislation does not preclude negotiations to continue a lease of the property, or some other form of continued use by the City. Ms. Heller asked, if the City decides to move forward with this intent, is there any timeline under which the City is obligated to begin and end the negotiations? Mr. Guinan stated there is no set timeline under the Naylor Act; however, with any sort of actual negotiations, both parties are expected to enter into them in good faith, and are not expected to use the process as a delaying tactic. Councilmember Phillips asked if he understood correctly that the most the City would have to pay for the property would be approximately $375,000, which is 25% of the Fair Market Value? Mr. Guinan stated that was correct, unless they were able to show that the cost of retiring the bonded indebtedness was higher than that amount; however, in this case, the bonds have already been retired. Councilmember Phillips stated he concurred with the conclusions that there are no comparable facilities in Terra Linda, no other neighborhood parks in the immediate area, and there is a high rate of interest in the community; therefore, he agrees with Ms. McNamee's conclusions and the points made by John King. Councilmember Miller stated he was very much in favor of this recommendation. He wondered if perhaps, in looking for partners in this project, the City might look for a partnership with MMWD (Marin Municipal Water District), so they SRCC MINUTES (Regular) 8/5/96 Page 20 SRCC MINUTES (Regular) 8/5/96 Page 21 might give us a break on the use of water, noting the highest cost associated with the field is the $9,000 for water usage. Mayor Boro asked if reclaimed water is currently used on the site, and Public Works Director Bernardi stated the irrigation system would have to be modified to be able to accommodate the reclaimed water. Mayor Boro asked if that was something that would be worth looking at, and Mr. Bernardi stated that it was. Mayor Boro noted Assistant City Attorney Guinan had stated that, by law, there was a floor and a ceiling to the price, and asked if in the process of determining the floor, would that preclude the School District from thinking creatively about selling part of the site to the City, and then making a donation of part of the site, in order to reduce the price even further? He stated that was the kind of creative thinking he is looking for, noting the public now owns this property, and they want to continue its ownership, and we need to find a way that we all can prosper, and he is hoping we can find some creative, new approaches to this. Councilmember Phillips noted the School District has been supporting this all these years, and maybe it is the City's turn. Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution authorizing a Letter of Intent to purchase Dixie School District's Bernard Hoffman Ballfields. RESOLUTION NO. 9662 -RESOLUTION AUTHORIZING LETTER OF INTENT TO DIXIE SCHOOL DISTRICT TO PURCHASE 2.8 ACRES KNOWN AS THE BERNARD HOFFMAN BALLFIELDS. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCILMEMBERS: Cohen 24. CITY COUNCIL REPORTS: a. PROPOSED COUNTY -WIDE MASTER JPA (Verbal) - File 239 Councilmember Phillips reported he had attended a joint meeting of City Managers and Councilmembers regarding JPA's, noting he felt it would be an interesting issue to think about with regard to the management of the Master JPA. He stated the question is, who is going to oversee the Master JPA, and would it be the elected officials, City Managers, a contingent of both, or neither group? He stated it is unresolved at this point. Mr. Phillips stated the group felt the cities had to be careful in selling the concept of Master JPA to the public, so there is not a perception that it is just one more level of government when, in fact, it will hopefully allow us to provide a number of services at a much reduced cost because of the collective effort. City Manager Gould stated Mr. Phillips was correct, and that no one had the answer at this time. He noted a consultant has been engaged to examine the various functions that are being carried out by all the JPA' s in the County, and decide which ones make sense to place under the Master JPA, and how it should be governed, staffed, and funded. He stated the consultant will be bringing back his recommendations in the Fall, and they will be considered throughout the Winter before any final decisions are made. He felt Mr. Phillips' questions were highly appropriate, and will be deliberated on by all of the Boards and Councils in the County before this deal is actually struck. Councilmember Heller noted she had been on the Committee prior to Mr. Phillips, and asked City Manager Gould if he had dealt with this issue in another community or seen a Master JPA set-up like this before? Mr. Gould stated he had watched the trend in Southern California going away from JPA's and toward councils of government, noting he felt the Master JPA idea, as long as it does not become just another layer of government, is probably superior in terms of efficiency and effectiveness . He stated he believed we were on the right track, and working out the details is probably going to bear fruit for the County, well into the future. Mayor Boro stated he believed the comment about the governance is going to be a real issue, because of the small city/large city issue, and the amount of money contributed; however, he felt that as far as the public is concerned, we can really hail the whole idea of a Joint Powers Authority as a way of consolidating functions so that we are not having every city do the same thing repetitively, and having added staff, noting the whole purpose of a JPA is to have maximum efficiency, have it run out of one place, and do it for the SRCC MINUTES (Regular) 8/5/96 Page 21 SRCC MINUTES (Regular) 8/5/96 Page 22 entire County rather than time and again having the same thing repeated. Mayor Boro stated he felt it was important to keep that out there, and in the process of determining the governance, we do not lose sight of that fact. City Manager Gould stated that on the financial side, one thing he had picked up was that the County often provides a lot of staffing and back-up to these JPAI s, and by creating this Master JPA, it will look like we are spending more to provide the same services because the County will no longer be called upon to provide a lot of the back-up and support that is currently there. Councilmember Heller asked if the County usually charges for those services, or if they just pick up the cost? Mr. Gould stated in some cases they charge, but in others they do not, and stated it was his guess that when it all sorts out it will look like a new expense, although it is not that it was not there before, it was just that the County was absorbing a fair amount of it. He stated he still felt this was worth exploring. There being no further business, the meeting was adjourned at 10:05 PM JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1996 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 8/5/96 Page 22