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HomeMy WebLinkAboutCC Minutes 1997-02-18SRCC MINUTES (Regular) 2/18/97 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 18, 1997 AT 8:10 PM Regular Meeting: San Rafael City Council Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Present: Albert J. Boro, Mayor Paul M. Cohen, Absent: Paul M. Cohen, Councilmember (Absent through Agenda Item #22) Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM: Mayor Boro announced Closed Session items. CLOSED SESSION - 7:00 PM: 1. Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) a. Case Name: Johanna Trevino v. Daryl Gates, et al., U.S. Supreme Court Case No. 96-1079 (Request for City of San Rafael participation as amicus party). City Attorney Ragghianti announced the Council voted unanimously (Councilmember Cohen absent) to participate as amicus party. b. Case Name: Zel Bauer v. City of San Rafael, et al, Marin County Superior Court Case No. 169549. No reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None. CONSENT CALENDAR: 8:00 PM Councilmember Heller moved and Councilmember Miller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 3. Approval of Minutes of Regular Meeting of Approved as submitted. Monday, February 3, 1997 (CC) 4. Summary of Legislation Affecting San Rafael (CM) Approved staff recommendation. - File 9-1 5. Resolutions of Appreciation to Carol Dillon RESOLUTION NO. 9789 - Dennie Dyer, Barbara Heller, Cyr Miller, and RESOLUTION OF APPRECIATION TO Tom Obletz, Volunteer Program Advisory CAROL DILLON, VOLUNTEER Committee Members (CM) - File 102 x 235 PROGRAM ADVISORY COMMITTEE MEMBER. RESOLUTION NO. 9790 - RESOLUTION OF APPRECIATION TO DENNIE DYER, VOLUNTEER PROGRAM ADVISORY COMMITTEE MEMBER. RESOLUTION NO. 9791 - RESOLUTION OF APPRECIATION TO BARBARA HELLER, VOLUNTEER PROGRAM COMMITTEE MEMBER. RESOLUTION NO. 9792 - RESOLUTION OF APPRECIATION TO CYR MILLER, VOLUNTEER PROGRAM ADVISORY COMMITTEE MEMBER. RESOLUTION NO. 9793 - RESOLUTION OF APPRECIATION TO TOM OBLETZ, VOLUNTEER PROGRAM ADVISORY COMMITTEE MEMBER. 6. Recommendations for New Volunteer Program recommendation, Approved staff SRCC MINUTES (Regular) 2/18/97 Page 1 SRCC MINUTES (Regular) 2/18/97 Page 2 Committee (CM) - File 235 appointing Linda Bellatore, Kara Birkenstock, Jesus Campos, Christine Chun, Carol Dillon, Jenny Ellinwood, Elizabeth Grasham, Vickie Hatos, Rusty Kostick, Barbara Mortkowitz, and Tom Obletz. 7. Resolution Authorizing Extension of Agreement RESOLUTION NO. 9794 - with Renaissance Risk Management for Workers' RESOLUTION AUTHORIZING THE Compensation Claims Administration Services SIGNING OF AN AMENDMENT (Current Agreement Ends February 28, 1997) (CM)TO THE AGREEMENT WITH - File 7-1-31 x 9-6-3 RENAISSANCE RISK MANAGEMENT FOR WORKERS' COMPENSATION CLAIMS ADMINISTRATION SERVICES (3/1/97 - 2/28/99). 8. Resolution of Appreciation to Sharon Andrus, RESOLUTION NO. 9795 - Employee of the Quarter Ending 12/31/96 (CM) RESOLUTION OF APPRECIATION TO - File 102 x 7-4 x 9-3-11 SHARON ANDRUS, EMPLOYEE OF THE QUARTER ENDING 12/31/96. 9. SECOND READING AND FINAL ADOPTION OF ORDINANCE adoption of NO. 1706, Entitled "An Ordinance of the City of San Rafael Amending the San Rafael Municipal Code to Reorganize the Code Enforcement Program, by Amending Sections 1.08.020 and 6.10.050, by Repealing Sections 1.08.130, 1.08.140, 1.08.150, 1.08.160, 1.08.170, 1.08.180, 1.08.190, 1.08.200, and 1.08.210, by Repealing Section 1.12.010, by Redesignating Section 1.12.011 as Section 1.12.010, by Retitling Chapter 1.12, by Repealing Chapters 1.16, 1.20, 1.30, 2.36, and 2.37, and by Adding Chapters 1.40, 1.42, 1.44, and 1.46 (CA) - File 240 x 9-3-16 10. Monthly Investment Report (Admin. Svcs.) - File 8-18 x 8-9 11. Comprehensive Annual Financial Report ("CAFR") 1995/96 Annual Audit (Admin. Svcs.) - File 8-1 x 8-9 Approved final Ordinance No. 1706. Accepted report. Accepted report. 13. Resolution Authorizing Execution of Annual RESOLUTION NO. 9796 - Certificate of Compliance (Year 1995) for RESOLUTION AUTHORIZING THE McInnis Park Apartments for BMR Rental EXECUTION OF A CERTIFICATE Agreement (RA) - File 229 x 13-16 x (SRRA) R-173 OF COMPLIANCE (Year 1995) FOR McINNIS PARK APARTMENTS FOR BELOW MARKET RATE RENTAL UNIT AGREEMENT. 14. Request for Partial Closure of Fifth Avenue Approved staff recommendation. and "D" Street Parking Lot for T&B Sports Event on March 1 and March 2, 1997 (RA) - File 11-19 x 11-8 15. Approval of Street Closure on Fourth Street, Approved staff recommendation. Between "A" and "B" Streets, From 10:00 AM to 1:30 PM, on February 27, 1997 for Start of Demolition of Rafael Theater (RA) - File 11-19 16. Resolution Supporting Bike Lane Over RESOLUTION NO. 9797 - California Park Hill (PW) RESOLUTION SUPPORTING - File 9-3-65 x 9-3-40 x 11-16 CONSTRUCTION OF A BICYCLE PATH ON CAL PARK HILL (By California Department of Transportation). 17. Resolution of Appreciation to Richard Douglas, RESOLUTION NO. 9798 - Retired Police Captain, for Services Provided RESOLUTION OF APPRECIATION TO to San Rafael Police Department and Businesses RICHARD DOUGLAS, RETIRED of San Rafael (PD) - File 102 x 9-3-30 POLICE CAPTAIN, FOR SERVICES PROVIDED TO SAN RAFAEL POLICE DEPARTMENT AND BUSINESSES OF SAN RAFAEL. 18. Resolution of Appreciation to Hewlitt-Packard RESOLUTION NO. 9799 - Corporation for Donation of Specialized Computer RESOLUTION OF APPRECIATION TO System (TRAK) Which Will Assist With Recovery HEWLITT-PACKARD SRCC MINUTES (Regular) 2/18/97 Page 2 SRCC MINUTES (Regular) 2/18/97 Page 3 CORPORATION of Missing Children and Adults (PD) FOR DONATION OF SPECIALIZED - File 102 x 9-3-30 COMPUTER SYSTEM (TRAK) WHICH WILL ASSIST WITH RECOVERY OF MISSING CHILDREN AND ADULTS. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following item was removed from the Consent Calendar for further discussion: 12. SINGLE AUDIT ACT REPORT FOR 1995/96 (Admin. Svcs.) - File 8-1 x 8-9 Councilmember Phillips noted the staff report referred to appropriation limitations for the fiscal year ending June 30, 1995, and asked if that should actually be for the fiscal year ending June 30, 1996? Administrative Services Director Ken Nordhoff stated fiscal year ending June 30, 1995 was correct, explaining the auditors actually review the prior year's calculations. Councilmember Phillips moved and Councilmember Miller seconded, to accept the report as submitted. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SPECIAL PRESENTATIONS: 19. PRESENTATION OF RESOLUTION OF APPRECIATION TO SHARON ANDRUS, EMPLOYEE OF THE QUARTER ENDING 12/31/96 (CM) - File 102 x 7-4 x 9-3-11 Mayor Boro presented a Resolution of Appreciation to Sharon Andrus, who was selected by her fellow employees as the Employee of the Quarter ending 12/31/96. Mayor Boro explained that each quarter the City's employees select one person as Employee of the Quarter, and the employee is also awarded $100; then, at the end of the year, one of the four employees selected as Employee of the Quarter will be awarded $500 and named Employee of the Year. Mayor Boro noted he shares the same office with Ms. Andrus, and sees her everyday, stating she is a wonderful person and a great employee, and has done a great job for the City of San Rafael. He stated he was very proud she was selected Employee of the Quarter, and on behalf of the Council and the City of San Rafael, Mayor Boro congratulated Ms. Andrus, and thanked her for all her fine work. 20. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO CAROL DILLON, DENNIE DYER, BARBARA HELLER, CYR MILLER, AND TOM OBLETZ, VOLUNTEER PROGRAM ADVISORY COMMITTEE MEMBERS (CM) - File 102 x 235 Mayor Boro explained that several years ago a committee was formed to work with the volunteers within the City, after having seen how well volunteers had worked in the Police Department and the Library. He reported Lynn Emrich had been hired as the City's Volunteer Manager, and a steering committee of five people was initially formed to work with Lynn. He stated the Council had just taken action on the Consent Calendar which restructured the committee to a new group of eleven members, four of whom are students, and noted those eleven members would serve staggered terms over the next two years. Mayor Boro stated it was his pleasure to present Resolutions of Appreciation to the five members of the original steering committee, and on behalf of the Council, he thanked them for making this dream and vision of a strong community based volunteer program come to life. He stated there had been some great programs to date, and there would be more as we go forward. Mayor Boro presented Resolutions of Appreciation to Dennie Dyer, Tom Obletz, Councilmember Barbara Heller, and Councilmember Cyr Miller. Mayor Boro stated one of the members, Carol Dillon, had been unable to attend the meeting, but he thanked her publicly, noting she had put a lot of work into this program. Volunteer Manager Lynn Emrich presented each of the committee members with a commemorative cup. SRCC MINUTES (Regular) 2/18/97 Page 3 SRCC MINUTES (Regular) 2/18/97 Page 4 21. PRESENTATION OF RESOLUTION OF APPRECIATION TO RICHARD DOUGLAS, RETIRED POLICE CAPTAIN, FOR SERVICES PROVIDED TO SAN RAFAEL POLICE DEPARTMENT AND BUSINESSES OF SAN RAFAEL (PD) - File 102 x 9-3-30 Mayor Boro introduced Richard Douglas, stating Mr. Douglas had been a member of the San Rafael Police Department for a number of years, before retiring with the rank of Captain. He stated several years ago, when the City had some special work that needed to be done in the area of white collar crime, Mr. Douglas came back to work for the Police Department. Mayor Boro stated over the past two and a half years Mr. Douglas had done an outstanding job, pulling the City out of a problem area when we did not have help. On behalf of the Council, Mayor Boro stated the City appreciated Mr. Douglas' help very much, thanked him for all of his fine work, and extended best wishes for an enjoyable retirement. 22. PRESENTATION OF RESOLUTION OF APPRECIATION TO HEWLITT-PACKARD CORPORATION FOR DONATION OF SPECIALIZED COMPUTER SYSTEM WHICH WILL ASSIST WITH RECOVERY OF MISSING CHILDREN AND ADULTS (PD) - File 102 x 9-3-30 Mayor Boro reported Council was presenting a Resolution of Appreciation to Hewlitt-Packard for work they had done for the City in providing a special computer system, called TRAK, to assist in the search for missing children. Mayor Boro noted no one from Hewlitt-Packard was able to be present to accept the Resolution, but he thanked them for their contribution to the City, and thanked the San Rafael Police Department for having pursued this particular grant. SPECIAL INTRODUCTION: 2. INTRODUCTION AND SWEARING-IN OF POLICE CHIEF CAMERINO SANCHEZ (CM) - File 9-3-30 a. CITY MANAGER INTRODUCED POLICE CHIEF SANCHEZ City Manager Rod Gould introduced Police Chief Camerino Sanchez, noting Chief Sanchez had begun his career in law enforcement with the Los Angeles Police Department, where he held a variety of assignments including Patrol Officer, Vice Officer, Homicide Detective, and an assignment at the Police Academy, stating he was immediately slated for rapid advancement. Mr. Gould reported that at the time of the Rodney King beating, Chief Sanchez was assigned to the Foothill Division to quell the disturbance, and to rebuild trust with the residents and businesses of that torn section of Los Angeles, pointing out the level of trust in him was so high that he was given this assignment, and he was very successful. Mr. Gould reported Chief Sanchez went from Sergeant in the Los Angeles Police Department to Chief of the Hollister Police Department, where he had served for the past four and a half years. Mr. Gould stated in Hollister Chief Sanchez took a Police Department that was in need of professional upgrading, a middling Department that needed an infusion of energy and professionalism, and in that short period of time, Chief Sanchez turned the Department around. Mr. Gould stated Chief Sanchez made the Department much more effective, took a huge bite out of crime, and the level of enforcement increased. He noted Chief Sanchez was out in the neighborhoods meeting with the residents and business owners, forming partnerships, improving the level of professionalism on the Police Force, and supporting the men and women of the Hollister Police Department in their mission. Mr. Gould reported Chief Sanchez was recognized in the Law Enforcement community as a highly skilled executive manager, and someone who has a real vision of policing. Mr. Gould stated that when Council began the search for a Police Chief three months ago, they engaged the services of a professional recruiter, noting they had wanted to look widely for the most qualified candidate. He reported the Council had also met with members of the community and asked what they wanted to see in the new Chief, as far as traits and characteristics, and they also met with members of the Police Officers' Association for their thoughts as to what they felt would be necessary in the new leader of our Police Department during the next century. Mr. Gould reported over sixty applications were received for this position, and Chief Sanchez' application quickly floated to the top. He stated what the City heard from those who have worked with Chief Sanchez is that he is a leader of vision, and someone who has a zeal for law enforcement. Mr. Gould pointed out Chief Sanchez was not that far from being a Patrol Officer, and SRCC MINUTES (Regular) 2/18/97 Page 4 SRCC MINUTES (Regular) 2/18/97 Page 5 often rides along with the Officers to see what is going on in the field, and to support them. Mr. Gould stated Chief Sanchez is heavily engaged with the community, and is very comfortable meeting in people's homes at night, meeting with community groups and businesses to address issues of crime and incivility in the neighborhoods. Mr. Gould reported Chief Sanchez was a staunch supporter of the men and women who form the law enforcement community, and spends much of his time explaining to the members of the community what the Police Officers do. Mr. Gould noted Chief Sanchez was skilled in the modern management techniques of law enforcement, and very much a supporter of what is known as "community policing". Mr. Gould reported that in Hollister Chief Sanchez took a Police Department that was brand new to this concept, and raised it to a level where it was beginning to become a model for other communities in the region. Mr. Gould explained these were many of the traits, characteristics, and expertise the Councilmembers sought when they began the search for a new Police Chief. He noted that after a comprehensive background check, as well as a trip to Hollister with two members of the City Council to interview people on-site, the Council unanimously agreed Camerino Sanchez would be the next Chief of Police in the City of San Rafael. Mr. Gould noted Chief Sanchez had been to San Rafael several times since then, had met with his Command Staff and other members of the Police Department, moved into his new office, and began service to the community on February 17, 1997. b. POLICE CHIEF SANCHEZ SWORN -IN BY CITY CLERK With great pleasure, Mr. Gould welcomed new Police Chief Camerino Sanchez, and asked City Clerk Leoncini to administer the Oath of Office. City Clerk Leoncini administered the Oath of Office to Chief Sanchez. Mayor Boro congratulated Chief Sanchez, and presented him with his shield. Chief Sanchez acknowledged the large attendance by members of the Police Department and the community, thanking them for being present. He noted whenever he is asked what makes a successful Police Chief, he always responds that it is being smart enough to surround yourself with outstanding people. Chief Sanchez stated that was how he worked, and that was how he could, today, give his loyalty to the Police Department, and to the people he will be working with. Chief Sanchez noted five years ago he had been working in a Police car, so he was not that far removed from the field. He stated he was a "street cop" who happened to be sitting behind a Chief's desk now, but that did not make him any better than anyone else in the organization. Chief Sanchez thanked everyone for attending the swearing-in ceremony, and for this great opportunity, stating he was honored to be the Police Chief, and honored to be working with the Department and the community in keeping San Rafael the kind of community they want it to be. He stated that was his obligation to everyone, and he pledged his loyalty toward that end. Chief Sanchez thanked Mayor Boro, City Manager Gould, and the City Council for their confidence in him, and his ability to carry out that pledge. Chief Sanchez stated he also wished to thank his staff, noting the position called for critical thinking and visionary thinking, and he was looking forward to working with the entire community and the staff in making some of the dreams and visions come true. He stated he would not be able to do this alone, as leadership was not a solo act, and he noted he had already told the members of his Department that he was depending on them to help him toward that end, noting that together they would definitely succeed. Chief Sanchez stated he looked forward to working with everyone in the City for many, many years, and thanked everyone very much. He stated his family had not been able to be present, but they had asked him to express their appreciation to those who had made them feel so important during the last several weekends they had been visiting in San Rafael. Chief Sanchez stated he appreciated that very much, because his family would not be able to join him in San Rafael for the next few months, and it would be just himself and the wonderful staff he felt so blessed to have inherited. SRCC MINUTES (Regular) 2/18/97 Page 5 SRCC MINUTES (Regular) 2/18/97 Page 6 Chief Sanchez thanked everyone, stating he would wear his shield with much pride. Mayor Boro announced a reception would be held in the lobby to welcome Chief Sanchez, and recessed the City Council meeting. (Councilmember Cohen arrived during reception). Mayor Boro reconvened the City Council meeting. MONTHLY REPORT: 23. CITY MANAGER'S REPORT (CM) - File 9-3-11 City Manager Gould stated he and the City Council were very heartened to learn the Board of Directors of Fair, Isaac had voted on a second option to purchase the former P.G. & E. site from Village Properties, noting that although the project was now technically two months behind, it was moving forward very smartly, and he appreciated the intervention by Mayor Boro to keep the discussions going. Mr. Gould acknowledged the Fire Department for beginning the Disaster Training for the City's residents, through the DART (Disaster Area Response Team) training, which was now in its fifth week. Mr. Gould stated this was a new experience for the Firefighters who were acting as trainers, and he felt they were doing a very fine job. He noted this program would be refined and brought forward in different methods to various citizens groups in the near future. Mr. Gould noted there had been an alumni reunion of the Citizens' Police Academy, and over eighty people attended, which showed the great interest in law enforcement which exists within our community. Mr. Gould reported the Andersen Drive Project was moving forward, and now that we were getting out of the rainy season, we would see construction step up again. Regarding the issues with the Public Utilities Commission (PUC), Mr. Gould reported a hearing has been set for the end of April, at which time the City will argue the merits of our application before the PUC for the right to cross the rail line. Mr. Gould pointed out this involved an agreement with the County and the Bridge Board, to make provisions for separating the grade between the road and the rail line when rail service is restarted in Marin. Mr. Gould stated the City was confident the PUC would see the wisdom of this, and the City will have its application granted so it does not hang up the project any further. Mr. Gould stated the City had been receiving very good remarks from members of the community regarding the City's first Newsletter, which was distributed last week. He noted the comments were running approximately 9-1 in favor of the Newsletter, and people were very pleased to see the information all in one place, and commended the City for reaching out. Mr. Gould stated discussions had begun with staff regarding the concept of a Community Development Department, and those members of the Planning Department and Public Works Department who would be affected have been providing their thoughts and ideas as to how this might work, and how it might all come together. Mr. Gould stated he was cheered to see the level of cooperation and interest in this reorganization plan. Regarding recruitment, Mr. Gould stated he was pleased to see the City had received over eighty applications for the Code Enforcement Officer positions, noting the lists have been established for both the Code Enforcement Officer position and the two assistants, noting we had some very qualified candidates to fill those positions. Mr. Gould also reported Director of Administrative Service Ken Nordhoff had identified the person he believed would best serve as Information Systems Manager for the City, as we phase out our contract with Business Records Corporation (BRC), and move to our own in-house Information Systems Division. OLD BUSINESS: SRCC MINUTES (Regular) 2/18/97 Page 6 SRCC MINUTES (Regular) 2/18/97 Page 7 24. CONSIDERATION OF A PROPOSAL BY PELL DEVELOPMENT TO FULFILL THE PPP CONSIDERATIONS WHICH WERE ORIGINALLY APPROVED BY THE CITY COUNCIL IN 1991 AND APPROVED AGAIN IN MAY, 1996 (REGENCY II CHILD CARE PROPOSAL) (P1) - File 115 (PPP) x 10-2 Planning Director Robert Pendoley noted Council had last considered this issue in May, 1996, when they authorized the project to proceed. He noted part of the approval to construct an office building at the Regency II site was to provide a child care facility for 60 - 75 children. However, as it turned out, after a good deal of work by both the applicant and the City, as well as the reviewing process, we learned that would not be feasible on this site because of contaminated soil conditions. He reported staff and Pell Development brought this back to Council, who directed Pell Development to attempt to find an equivalent site. Mr. Pendoley stated the proposal now being presented was for a Head Start Program for 28 children, at the First Congregational Church off San Pedro Road. He stated in economic terms, staff clearly felt this proposal was equivalent to the original proposal, noting there would now be a permanent investment in the building, whereas the original proposal was for a temporary one. He reported the level of cash contribution toward the scholarships was much higher, and this proposal would clearly reach deeper into the market in terms of service available for low and moderate income people. Mr. Pendoley stated the two services, while both aimed at children, were simply different. He reported the original proposal was for day care, while this proposal was for a Head Start program. He noted Head Start was a very enriched educational program, sometimes for children with disadvantages. Mr. Pendoley stated staff recommended Council accept this proposal as an equivalent offer, and allow it to proceed. Cecilia Bridges, attorney, stated she was representing Pell Development Company for the Regency II Office PPP Condition. She reported they had made many contacts in searching for a new child care site, noting they had first gone to the School Districts, but had no results. She stated they next went to the churches, and after some delay, they found a very good working partner in the First Congregational Church, located at 8 San Pedro Road. She noted this was the same church the City worked with on Pilgrim Park Housing many years ago, and noted they had supplemented this partnership with the Marin Child Care Council and Marin Head Start. Ms. Bridges introduced Pastor David Ray of the First Congregational Church, John Starkweather representing Pilgrim Park, Stephanie Stewart-Mogel of the Marin Child Care Council, and Cynthia Klock of Marin Head Start, noting they had all worked very hard on this project. Ms. Bridges explained this proposal had three components; first, Pell Development would provide improvements to an existing church building, which would enable that building to adequately support a 28 child program. She reported the size of the building and available outdoor area was basically what ruled the number of children allowed, as there were State regulations regarding how much space was required for each child. Ms. Bridges noted the improvements made to the building would belong to the First Congregational Church; second, Pell Development would pay rent to the First Congregational Church, for a minimum of five years, and possibly up to ten years, depending on when the Interchange is constructed; third, a scholarship program of $100,000 would be funded to the Marin Child Care Council, for which their mission would be to provide that money to make affordable child care available in San Rafael. Ms. Bridges stated she agreed with staff's recommendation, and asked for Council's support of this proposal. Mayor Boro asked if he understood correctly that the money for the scholarship program would not go toward this project, but for child care within the City of San Rafael for people in need? Ms. Bridges stated this had been purposely left innocuous, because it was possible that by funding the entire thing at one time, Marin Child Care might earn interest on this money, and they would end up with more than $100,000 over the ten year period. Ms. Bridges stated SRCC MINUTES (Regular) 2/18/97 Page 7 they definitely wanted some of Park to extend the Marin Head would be a year long program, scholarship, as thought of in to make child care affordable, throughout all of San Rafael, to do that. SRCC MINUTES (Regular) 2/18/97 Page 8 the money to go toward working with Pilgrim Start program throughout the summer, so it noting this was somewhat different than a the past. She stated the funds were to be used possibly first at this site, but also noting there should be more than enough funds Councilmember Cohen stated he supported staff's recommendation, but in charting the course that has led to this proposal, one of the issues that came about was Neighborhood Serving Use at the site. Without wanting to be overly restrictive on the grant, he stated he kept looking for benefits to North San Rafael, because that was where the traffic impact was. He noted the original thought was that Neighborhood Serving Benefit was a mitigation for the traffic impact of the area of the City that was going to suffer. Mr. Cohen pointed out the report stated the proceeds from the $100,000 would go to create affordable child care in San Rafael, and asked if it would be possible to place first priority on residents of the northern part of the City? Mr. Cohen stated the first priority for this money should be the residents in North San Rafael, and if a fair share of those needs are met, then the money could be freed up for other needs in San Rafael. Ms. Bridges stated Marin Head Start's existing program is located in Novato, and when discussions first began it was made very clear to them that this program would be for San Rafael residents. She stated they had a waiting list of San Rafael residents who were unable to come to Novato, so this would not be a problem. Ms. Bridges pointed out the new center would be in North San Rafael, and noted they had restricted themselves to looking only at locations in North San Rafael. Councilmember Heller asked if Pell Development were to cease paying rent at the end of five years, would the First Congregational Church be financially able to continue the program, or would we see it fold at that point? Ms. Bridges noted Pell Development's obligation was to provide a space for a minimum of five years, and up to ten years, depending on the Interchange improvements. She stated as long as there was an operator, then they would continue to lease the space to provide the child care service, but noted Pell Development could not guarantee there would be an operator, or that the federal government would not change the funding for Marin Head Start. However, Ms. Bridges stated the Marin Head Start program was one of the most successful federal programs, and she did not believe there would be a problem. Ms. Bridges pointed out that while they could not guarantee there would be an operator interested if Marin Head Start decided to go somewhere else, that was not any different than the situation they would have been in if they had built the day care center at the Regency II site. Mayor Boro noted Ms. Heller's concern had been that if the Interchange was built after five years, then the program would have to be self-sufficient, or would need another source of funding. Ms. Bridges stated the program would have to be self-sufficient, but it would already have an improved facility, and would have access to the $100,000 funds at the Marin Child Care Council. Councilmember Heller asked if the two entities, the Church and the child care provider, had sat down and discussed what would happen in five years, and whether or not they would be able to fund the program on their own? Pastor Ray stated the First Congregational Church was very committed to this idea, and to seeing things through. Ms. Bridges reported one of the things that had made this happen so quickly, and that Pell Development really appreciated, was that the First Congregational Church had a proven interest of going out and "making it happen", and she stated there was nothing to lead them to believe this program would not be in existence, just like Pilgrim Park is today after twenty-five years. Councilmember Phillips noted this program would serve 28 pre-school children, and the original proposal for the Regency II development had been planned to serve 60 - 75 children. He asked Recreation Director Sharon McNamee, who is overseeing the City's child care, if going from 60 - 75 children to 28 children was indicative of not meeting the needs which were considered to be necessary? Ms. McNamee stated the reason this proposal had been reduced to 28 children was a question of space, and of not finding a location where they could fit 60 children, noting they had exhausted all the school possibilities, She stated they would have accommodated more children at the Church if there were more space, but regulations specify so many square feet SRCC MINUTES (Regular) 2/18/97 Page 8 SRCC MINUTES (Regular) 2/18/97 Page 9 of indoor space for each child. Councilmember Phillips asked if Ms. McNamee was comfortable that all avenues had been explored, and this was not just an arbitrary reduction out of convenience? Ms. McNamee stated she believed they had really attempted to find a location which would accommodate more children, and the size reduction was not a matter of convenience. She noted in the past the City has had discussions concerning the need for pre-school services in the Terra Linda Valley, and she believed this was a good start. Mr. Phillips asked if Ms. McNamee had any idea what the demand for the scholarships would be? Ms. McNamee stated the City's child care program provides approximately $100,000 per year for scholarships, and noted we could easily double that, for both elementary and pre-school. Mr. Phillips asked if she felt the Terra Linda/North San Rafael area could absorb the $100,000 in scholarships? Ms. McNamee stated that would easily be absorbed. Ms. Bridges noted the $100,000 was not an annual amount, it was an amount to be spread over a ten year period. Mr. Phillips asked if the City would be receiving reports on how the scholarship money was being spent, and the names of the recipients? Ms. McNamee stated she could request that information from the Marin Child Care Council, and provide that information to the Council. Ms. Bridges stated she had discussed with Ms. Steven-Mogel of Marin Child Care Council that some administrative costs would be required in administering this money, and that was one of the reasons they came up with the $100,000 figure, as that more than doubled the amount that had originally been pledged for scholarships, and provided $15,000 - $16,000 for administration. Councilmember Cohen stated he recalled the child care facility planned in the original proposal at the Regency II site had been referred to strictly in terms of space, with no identification of an operator, or who would run the facility. He also noted he did not believe they had discussed affordability. Ms. Bridges stated the original proposal had been to provide a building for five to ten years, which was adequate to hold between 60 - 75 children, noting the number of 60 - 75 children was specified because there are different space requirements for different ages of children. She reported the second part of the proposal was that in order to address affordability, that building be rented to an operator at Below Market Rate. Councilmember Cohen stated he did not feel it was fair to look back and note that we had been going to provide child care for 60 - 75 children, while now we will only be providing for 28 children, because now we are talking about affordable child care for the 28 children of the Head Start Program, and there was a qualitative difference in what was being provided. Councilmember Cohen noted Council was being asked to adopt this Resolution in concept, subject to approval of the Use Permit, and subject to Terms and Conditions described in Ms. Bridges' letter. He stated, in the unlikely event that this program was not successful at this location, prior to the expiration of the five to ten year commitment period, the lease payments would then become moot, because the program would not be there for Pell Development to pay the lease. He asked what would happen then? Ms. Bridges stated the obligation was to pay the lease, and they assumed the First Congregational Church would go out and find another operator for the child care center, because that is what they want there, noting they would have the improved facility, and it would make no sense to turn it into an office at that point. Councilmember Cohen felt this should be the first choice, but if the Head Start program does not continue, and the church is unsuccessful in finding another operator, he suggested we propose that the value of the lease payments Pell Development would be making would then be paid to Marin Child Care Council for the remainder of the obligation period, noting if the First Congregational Church were unable to find another operator, Pell Development's obligation should not, therefore, cease. Mr. Cohen stated Pell Development was making a commitment for the next five to ten years to pay lease payments that have an economic value and if, for whatever reason, that was no longer an option, either for the Head Start program or for another child care provider at that location, he would like to have an assurance that there was a fallback position, and that an equivalent of that money would then go the Marin Child Care Council. Ms. Bridges stated they could certainly agree to that; however, she noted if an operator could not be found for a facility that had already been improved, and had no rent, then there may not be a need. Mr. Cohen stated he felt these stipulations were probably unlikely, and he expected this to be a very successful program. Councilmember Phillips asked, in dollars, if the developer was going to be behind or ahead with this new proposal, as compared to what had originally SRCC MINUTES (Regular) 2/18/97 Page 9 SRCC MINUTES (Regular) 2/18/97 Page 10 been agreed upon? Planning Director Pendoley stated they had done an analysis regarding this very question, and concluded the cost to the developer was essentially identical, in terms of dollars laid out. However, they also concluded this was an irrelevant point to make to Council, because Council's concern was not what it was going to cost the developer, but the service that was going to be provided to the community. Mr. Pendoley stated the most relevant comparison was between the two services, noting one had to begin by acknowledging they are different. He pointed out the original proposal was for 60 - 75 child care slots, and the current proposal was an educational service for a particular need group, with a very urgent need which would otherwise not be met with conventional day care. Mr. Pendoley stated this was the most relevant comparison to make in terms of the question Council must ask when reviewing the PPP, "Does this meet a Neighborhood Need"? Mr. Pendoley stated there was an urgent Neighborhood Need for Head Start services, and the same could be said for conventional day care. Councilmember Phillips asked if the monetary value of this second proposal was equal to the value of the original agreement? Mr. Pendoley stated Ms. Bridges had made a very convincing case that the two proposals had the same cash value, simply meeting different needs. Mr. Phillips asked if staff was comfortable that Ms. Bridges' analysis was reasonable? Mr. Pendoley stated they were. Ms. Bridges reported the important difference was that at the end of the five or ten year period, with the original proposal, Pell Development would have had an asset, and with the current proposal, the asset would belong to the First Congregational Church. She noted another clear difference was that under the first proposal, sixty spaces were to have been made available, with six of those being Below Market Rate; the Head Start program will address a much greater need for affordable child care, and is a full family program, addressing much more than just child care. Mayor Boro recalled that a couple of months ago he and Councilmember Phillips had met with the Superintendent of Schools and a representative from the Head Start program, and discussed the need for a second Head Start program. He noted at that time they could not imagine where the funds for such a program would come from, or where they would find a site. He stated there was quite a demand for this type of service, noting it provided a very good start for the children in their educational development, and involved the entire family. Mayor Boro felt this program would provide a whole new dimension, and one that everyone would benefit from. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution to approve the proposal by Pell Development to fulfill their PPP conditions, with the stipulation that if the Head Start program does not continue, and the First Congregational Church does not find another operator, that Pell Development make a commitment to pay an amount to the Marin Child Care Council, equal to the amount of lease payments which would have been made during the five to ten year period. RESOLUTION NO. 9800 -RESOLUTION ACCEPTING A PROPOSAL BY PELL DEVELOPMENT TO UNDERWRITE A HEAD START PROGRAM TO MEET THE REQUIREMENTS OF THE PRIORITY PROJECTS PROCEDURE. AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS: 25. BERNARD HOFFMAN SCHOOL SITE PURCHASE (Rec) - File 4-7-28 x 220 x 9-3-65 x 9-3-66 Recreation Director Sharon McNamee reported the Dixie School District had decided to surplus these ballfields, giving the City notice and asking if we wanted to exercise our rights under the Naylor Act, which would enable the City to purchase the property at reduced rates. She noted Council and the Park and Recreation Commission had reviewed this, and found it was a High Priority matter under the General Plan requirements, and spoke to Dixie School District and requested further time to review the issue. She stated they conducted an appraisal and learned the property was valued at $1.4 million, which meant the City could offer $350,000 to purchase the property. SRCC MINUTES (Regular) 2/18/97 Page 10 SRCC MINUTES (Regular) 2/18/97 Page 11 Ms. McNamee reported the next hurdle was to figure out where to get the money for the purchase. She stated some members of the community had been involved in the initial decision of whether or not the City wanted to look into purchasing the property, and Ms. McNamee spoke with the Girls' Softball and Soccer organizations, noting they were very interested in preserving the fields, but stated they did not have the capital, nor did they perceive that they could generate this kind of capital in the near future. Ms. McNamee reported they had also explored the possibility of private development on the site, and whether or not this would be legal, noting they had determined this could be a possibility. She stated they also looked at some type of joint public/private development, such as child care, or the County Schools sharing the property, generating partners and capital in that manner. However, this did not prove feasible at this time. Ms. McNamee stated the Joint School Board Subcommittee met and reviewed these ideas, and discussed the various options but, unfortunately, the City only has approximately $100,000 in Unrestricted Funds available at this time. Ms. McNamee reported that at the last Subcommittee meeting it did not seem as though there was any way to obtain the addition $250,000 which would be needed to purchase the property; therefore, the Subcommittee recommended the City waive its Naylor rights at this time. She reported discussions were held with the School District regarding what this would mean, and what options we could look at in the future as a community, with the School, the City, and community groups possibly replacing those fields at another site, or the School District exercising the option of doing development on the site, and possibly preserving one of the fields as they pursued a developer. Ms. McNamee stated the Resolution before Council was to waive the City's option to exercise its Naylor rights to purchase the Bernard Hoffman ballfields, and to inform the Dixie School District so they can take their next steps. Mayor Boro noted he and Councilmember Phillips had been meeting with representatives of the Dixie School Board, along with Ms. McNamee and City Manager Gould, to see if they could find a workable alternative, including the placement of child care at the site. However, he noted none of the alternatives proved to be financially feasible. He stated that when they concluded their meetings with the School Board members last week, the City recommended that if they sold the site at anywhere near current market value, hopefully some of the proceeds could go into the fields at Santa Margarita, and the City would certainly participate in that activity. He stated one of the suggestions was running the reclaimed water line hook-up from wherever it is now out to Santa Margarita. He stated the School Board members were receptive to turning that field into a use for the community. Mayor Boro stated that regardless of what happens with the Bernard Hoffman site, this might still be something the City might want to pursue, because if we had the funds to make that happen, it might happen sooner, rather than later. Councilmember Heller stated she was concerned when reading this report, acknowledging the committee had worked very hard to try to find the ability to keep these fields. She asked, if the Council adopted this Resolution and waived the City's right to purchase this property, would we be able to work with the Dixie School District, and would the San Rafael School District be able to participate in something here, as this was in the Terra Linda High School District's area? She asked if there was some way we could work together with them and get something moving so these fields are not lost? Mayor Boro stated the property was not lost until it was sold, but assuming it was going to be sold, and some other use was going to be put to it, he proposed the City move forward on the rehabilitation of the Santa Margarita field. He noted the School District had indicated they would not be opposed to doing that, and he felt we should work with them in attempting to do this. Councilmember Phillips stated if the City could put something together with the School District to use the field at Santa Margarita as an alternative for community recreational needs, he felt the community actually came out ahead, as he felt it was a better facility, noting the field at Santa Margarita was large and flat, conveniently located, and much more conducive to both soccer and softball. He stated that while it would be unfortunate to lose the fields at Bernard Hoffman School, he felt enhancement of the Santa Margarita field would be a solution the community could live with. John King, San Rafael School District, thanked the Council for looking at this SRCC MINUTES (Regular) 2/18/97 Page 11 SRCC MINUTES (Regular) 2/18/97 Page 12 issue as quickly as it had, noting he understood Dixie School District's financial situation, and the pressure they were feeling, from a facilities point of view, noting they had a real need for classrooms, and the funding to build them. Mr. King stated he did not want to do anything to drag this issue on unnecessarily. He reported it had come to his attention there was one "last ditch" look at a public/private partnership that the soccer leagues and Girls' Softball were interested in, which might be worthwhile. Mr. King asked Council to put this item over to the meeting of March 3rd, even though he did not really feel this would have any impact on the Dixie School District's ability to actually move forward in a timely fashion. He noted if that did not work out, then perhaps the City could put some kind of timetable in place which would allow the San Rafael School District to study what it would take to move forward and preserve a field in that section of town for use by those organizations, and the public in general. He noted three years ago the San Rafael School District worked with the Dixie School District to preserve and create a field behind the Dixie School District's office, on land they own, but which the San Rafael School District continues to use for their Terra Linda High School Girls' Softball. Mr. King felt the Dixie School District would likely be willing to work with the City, and noted the San Rafael School District, as a user of the fields at Bernard Hoffman, might also be able to contribute a small amount of funds to attempt to put a mechanism in place to preserve a field for those organizations. He suggested perhaps the field behind the Dixie School District's office might also be made available to more organizations. He asked the City to take the lead in putting a time table together, so if the Bernard Hoffman fields are sold for another purpose, we could make sure another field was in place for the public if that eventuality comes to pass. City Manager Gould reported Dixie School District had put the City on notice that we had a certain period of time in which to exercise our Naylor rights, or to forfeit them. He noted the District had allowed us to extend the deadline three times, to explore various alternatives. Mr. Gould stated he believed, if pressed, the Dixie School District would allow a little bit more time; however, the kinds of options being discussed would likely take more than two weeks. He stated he would not want to presume for the School District, and his recommendation to Council would be to formally pass on the Naylor option, but express Council's interest in working with the residents and the Dixie School District to find a way to either retain or replace the fields lost at Bernard Hoffman. Councilmember Heller asked City Manager Gould if we could go back and restructure the Naylor option if something came up within the next two weeks? She stated she saw no harm in waiting for two weeks if the community wanted to attempt to find a solution. Mr. Gould agreed there was no harm in waiting two weeks, but felt it would take more than two weeks to come up with an alternative. He stated he had heard the Dixie School District express an interest in working with the community, and with the City, so these fields could either be preserved or replaced, and he felt the City needed to take them at their word. Mayor Boro stated if someone truly had a proposal and could bring it to life in the next two weeks, and they put the Dixie School District on notice, he did not think the School District was just waiting for the Council to vote "No" so they could run out and sell the property quickly. However, he pointed out the City had postponed this many times, and the School District has been asking for our position, noting they had been told at a recent meeting that although the Council had not voted on this issue, it appeared as though the City would have to waive its Naylor rights. Mayor Boro stated the fact that the City was waiving its rights did not mean we could not rescind that action if someone had a proposal, and if the Dixie School Board was willing to accept it. Councilmember Heller asked if we could rescind such a decision, and Councilmember Cohen stated it did not sound as though we could. City Manager Gould reported the School District had to make a decision to dispose of the property, and he did not know if they had made that decision public as yet. He stated they floated the option of the Naylor proposal to the City, and gave us a certain period of time to decide whether or not we wished to exercise that option, noting that after the City acts, it will be up to the District to decide whether or not, and how, to dispose of the property. However, Mr. Gould stated he believed this was the first time this issue had been publicly brought to light, and he would expect that as the SRCC MINUTES (Regular) 2/18/97 Page 12 SRCC MINUTES (Regular) 2/18/97 Page 13 community becomes aware of the District's interest in disposing of this property, more and more people will come out and approach the District Board, and ask them to consider how to replace these fields. Mr. Gould stated it would be good for the City to go on record as indicating its willingness to work with the residents and the School District to do that. Mayor Boro stated the important thing was that when we respond to the School District, in addition to stating the action taken by the Council, the letter should also state the City was very interested in assuring there would be a playing field of similar type, once this one is gone, and that the City would like to work with the District in making that happen, and would even be interested in starting that process sooner, rather than later. Councilmember Heller noted she did not want the City to be left completely out in the cold by passing this Resolution, and if it appeared that doing so would preclude the City from being able to structure a Naylor rights agreement, then she did not want to pass this Resolution. Councilmember Phillips felt if the City were to pass this Resolution, then the option would be in the School District's hands, and the City would have lost that control. He did not think anyone should be mistaken in thinking the City could change its mind and go back and exercise our Naylor rights if we pass this Resolution. He stated if the Council waives these rights, then the property passes to the School District to do whatever they wish. Councilmember Cohen agreed with Councilmember Phillips, stating if the City passes on an option to purchase, then we cannot say we want the option back. However, he noted Mayor Boro and City Manager Gould had made the same point, that while the City had been discussing this issue for six months, the Dixie School District had not made this issue public, and he asked how they could put the City on notice if they had not taken action that was part of the public record? Ms. McNamee reported the property was already listed on the surplus list, and they did not have to take further action. City Manager Gould stated the City had received formal written notice from the District that they intended to sell this property, and offering us a specific period of time, under the law, to decide whether or not to exercise our Naylor rights. He reported the City had extended this three times, with the agreement of the School District; therefore, the City has been put on notice, and the timing was now dictated by law. Councilmember Cohen pointed out if he were a parent in the Dixie School District, and the City asked to take the Naylor option back, as a parent he might tell the District that if they were going to sell the property, he would want them to get full market value for it, and since the City did not take the School District up on the offer of purchasing the property for 25% of fair market value, then the School District needed to sell the property for the fair market value of $1.4 million, and spend the money on his child, noting the District had a fiduciary responsibility to do so. As a parent of a child in that School District, he would tell the trustees they had an obligation to get the most money they could and apply it to education, which is their primary task. Mr. Cohen stated he was concerned that the City did not have anything, other than comments made by members of the committee representing the School District, indicating the Dixie School District would work with the City and community groups on an equivalent replacement for these fields, or the enhancement of other fields which might replace them in terms of utility. City Manager Gould stated that unless Council decided to dip into General Fund Reserves, the City did not have the money to buy the Bernard Hoffman fields for $350,000 under the Naylor Act. He stated staff had examined a lot of different options, such as partial development, and transferring some of the rights, but on the simple issue of whether or not the Council wants to exercise our Naylor rights, it does not appear the City has the resources to do so. Councilmember Cohen asked, under the law, could the City exercise its option and purchase this property for $350,000, and then at some unspecified point in time choose to sell half the property? City Attorney Ragghianti stated the City could not do that, noting the property would have to be used for a specific purpose. He reported his office had initially been consulted on this issue, with respect to the potential to make some type of arrangement, and found it could not be done. SRCC MINUTES (Regular) 2/18/97 Page 13 SRCC MINUTES (Regular) 2/18/97 Page 14 Mayor Boro stated another element to this was that there might be people who live within the Dixie School District who might tell the District they need recreation uses, and the District is taking that away by selling this site. He noted the two representatives of the Dixie School District he had met with seemed very sensitive to the recreational needs of the community, and seemed to want to do something about this. Mayor Boro stated the City could not require them to do it, but he felt they were willing to do it, and if someone were to come up with a proposal that was very definitive, and the money could be raised, then he believed the Dixie School District would look at the proposal. He stated it was true that if the City gave away its rights, then we could not control this, but on the other hand, the City could not ask the School District to wait while we look for one more solution, noting we had already gone through a number of creative ideas, but nothing had come to light. Councilmember Cohen asked if there was any way the City could ask the Dixie School District to make some kind of public statement, with regard to their willingness to address replacement of this recreational facility, before we let the Naylor option go altogether? Mayor Boro noted he and Councilmember Phillips had discussed this, and Mayor Boro stated he did not feel the Council could tell the School District to do that. He reported when meeting with the Dixie School District, they had indicated they would be willing to do this, and the best way to get that on the record would be to acknowledge that discussion in the transmittal letter the City sends, and stating the City was willing to step forward and work with them to either enhance this site through the development process, or a new site at Santa Margarita School, noting the City would like to start working as soon as possible. Councilmember Phillips stated Councilmember Cohen's earlier analysis was correct regarding the fiduciary responsibility of the Trustees to provide education to the District. However, he did believe that if the City were to come in with a proposal for a specific amount of money, such as $100,000 to hook up water and provide for the development of those fields, that would have a lot of appeal to the School District, because many of the students who will be using Santa Margarita field are Dixie School District students; therefore, there will be a lot of political and parental pressure involved in a partnership such as this. Mr. Phillips stated he felt the City could actually end up with a potentially better situation, stating the Santa Margarita field, if developed, would be better than the fields at Bernard Hoffman. City Attorney Ragghianti reported he and Recreation Director McNamee had prepared a memorandum several weeks ago, which noted the Municipal Code contained certain mechanisms under which the City could acquire the property, and then at some point declare that the property was no longer necessary to be used as open space or for recreational purposes. He believed it would then have to be offered back to the School District, and if the District did not want the property, it could then be developed for purposes other than recreation or open space. However, Mr. Ragghianti stated the Municipal Code did not address the initial issue of lack of funds to acquire the property. Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution waiving the City's option to exercise its Naylor rights for the purchase of the Bernard Hoffman ballfields. Councilmember Cohen stated he would like to see the City state, in writing, to the Dixie School District, either in this Resolution or in a letter accompanying it, that part of the reason the City is taking this action is because we believe a better option is to either work in partnership with the School District to enhance these fields, or to move the fields to Santa Margarita. Mr. Cohen stated his concern with the Resolution is that it does not state anything other than the City does not have the money to purchase the property, and we are waiving our Naylor rights. He noted there was nothing else, other than a comment in the staff report which states part of the reason the City was making this decision was because we felt a better option would be to work together to address recreation needs in some other fashion. He noted the City was taking the School District at their word that they were going to work on this, and he felt the City needed to find a way to state that for the record, either in the Resolution or in a letter to the School District, noting this needed to be stated as part of Council's action. City Manager Gould stated staff would re -write the Resolution and bring it back before the Council at the next meeting, to be held March 3, 1997. SRCC MINUTES (Regular) 2/18/97 Page 14 SRCC MINUTES (Regular) 2/18/97 Page 15 Councilmember Heller stated she would be more comfortable having something that would tell the community the City was certainly going to do its best to replace the fields, and to give them something as good. City Attorney Ragghianti suggested Councilmember Phillips and Councilmember Miller withdraw their earlier motion to adopt the Resolution. Councilmember Phillips and Councilmember Miller withdrew their earlier motion. Councilmember Cohen moved and Councilmember Heller seconded, to refer this Resolution back to staff, to revise the Resolution to reflect the foregoing discussion, and bring the revised Resolution back to Council in two weeks, at the meeting of March 3, 1997. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS: 26. MID -YEAR FINANCIAL REVIEW AND BUDGET ADJUSTMENTS (Admin. Svcs.) - File 8-5 x 8-9 Administrative Services Director Ken Nordhoff stated Council had adopted the 1996/97 Budget last July. He reported that during October Council had taken action which increased Tax Estimates by $605,000; staff had figured out the costing of implementing all the new labor negotiation agreements, and incorporated those figures into the budget; $500,000 was set aside for the Police Radio System replacement; and Council increased the Equipment Replacement rates by $300,000. Mr. Nordhoff stated that over the first six months of this year Council had also taken numerous actions which required additional appropriations of funds for a variety of programs or special projects. Mr. Nordhoff reported a special study session had been held to discuss the mid -period review, noting the City's finances were tracking right on course for this fiscal year. Mr. Nordhoff stated the Resolution reflected the amendments to the Budget which have been taken to date, and also incorporated a couple of additional items. He reported, based upon the year-to-date collections, Occupancy Tax has been increased by $50,000; the estimate in the Transfer Tax has been increased by $75,000; and because of the implementation of the new retirement rates, via the adoption of those by the Retirement Board, the savings have been incorporated through the balance of the fiscal year. Mr. Nordhoff stated the Resolution before Council reflected these changes, and he recommended Council adopt the Resolution. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution approving the revised 1996-97 Budget. RESOLUTION NO. 9801 -RESOLUTION APPROVING THE REVISED BUDGET FOR THE FISCAL YEAR JULY 1, 1996 - JUNE 30, 1997 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID REVISED BUDGET (IN THE AMOUNT OF $55,972,281). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 27. ELECTION OF NEW VICE -MAYOR - File 9-1 Councilmember Cohen noted he and Councilmember Heller had discussed the position of Vice -Mayor, stating they felt this seat should be one that rotates through the members of the Council on an annual basis, and that each member of the Council have the opportunity to serve in this capacity. Councilmember Phillips nominated and Councilmember Cohen seconded, to elect Councilmember Barbara Heller as Vice -Mayor. Mayor Boro declared Councilmember Heller Vice -Mayor, by acclamation. 28. CITY COUNCIL REPORTS: SRCC MINUTES (Regular) 2/18/97 Page 15 SRCC MINUTES (Regular) 2/18/97 Page 16 a. REQUEST FOR APPLICANTS RE: APPOINTMENT OF PUBLIC MEMBER TO LAFCO (LOCAL AGENCY FORMATION COMMISSION) - File 149 (Verbal) Councilmember Heller announced LAFCO was looking for an alternate Public Member, noting it was important to encourage someone from San Rafael to apply for this position. She stated LAFCO would be reviewing their policies this year, including the Dual Annexation Policy, which would impact San Rafael. She noted this position would not take much time, and the member would only serve if the regular Public Member could not attend a meeting. Mayor Boro suggested Ms. Heller contact former Councilmember Breiner and ask if she would apply, noting Ms. Breiner was a former member of LAFCO, and might be willing to return. There being no further business to come before the Council, the meeting was adjourned at 10:30 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1997 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 2/18/97 Page 16