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HomeMy WebLinkAboutCC Minutes 1997-02-03SRCC MINUTES (Regular) 2/3/97 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 3, 1997 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM REQUEST FOR PUBLIC HEARING BEFORE CHOOSING DEVELOPER FOR MACY'S SITE - File 140 x (SRRA) R-373 Harry Winters, San Rafael resident and member of the West -End Neighborhood Association, stated he had been unaware the selection process for the developer of the Macy's site had reached the stage it had, with the selection narrowed down to the two finalists, noting that if he was unaware of this, then a great many of the constituents must be unaware, also. Mr. Winters stated the City has always said it wants more public participation, but asked where there would be any early participation in this selection process, when the City has stated public hearings will be held during the normal City processing, only after the final selection of the developer is made? Mr. Winters reported he had reviewed the membership of the Committee which had received the submittals and selected the two finalists, noting there were City Councilmembers, Planning Commissioners, and representatives from the San Rafael Chamber of Commerce, and the Business Improvement District; however, he noted members of the Citizens Advisory Committee on Redevelopment was as close as he could come to finding involvement of the San Rafael citizenry. Mr. Winters stated he knew the proposals were tentative and would be refined, but he felt a public hearing should be held before the final selection is made. He noted that even at the present, tentative state of the proposals, one developer plans significantly more intense development than the other, and that alone was a major element which should be considered at a public hearing, before the final selection is made. MAYOR BORO'S 25th ANNIVERSARY OF SERVICE TO THE CITIZENS OF SAN RAFAEL - File 102 X 9-1 City Clerk Jeanne Leoncini announced that as of February 1, 1997, Mayor Boro had served the citizens of San Rafael for twenty-five years. She noted he was initially appointed to the Planning Commission and served sixteen years; was elected to the City Council in 1987, and then was elected Mayor in November, 1991, and again in November, 1995. Mrs. Leoncini presented Mayor Boro with a rose commemorating his twenty-fifth anniversary of service. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Phillips seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Special Joint Public Approved as submitted. Hearing and Regular Meeting of Tuesday, January 21, 1997 (CC) 2. Resolution of Appreciation to Acting RESOLUTION NO. 9785 - Police Chief Tom Boyd (CM) RESOLUTION OF APPRECIATION - File 102 x 9-3-30 TO ACTING POLICE CHIEF TOM BOYD. 4. Resolution Approving the Removal of a One (1) RESOLUTION NO. 9786 - Foot Non -Access Strip at the End of Trinity Way RESOLUTION APPROVING THE Shown on Map of Terra Linda Subdivision No. 11 REMOVAL OF A ONE (1) FOOT (Re: Maria B. Freitas Senior Housing) (PW) NON -ACCESS STRIP AT THE END - File 2-12 OF TRINITY WAY SHOWN ON MAP OF TERRA LINDA SUBDIVISION NO. 11, SAN RAFAEL, CALIFORNIA. SRCC MINUTES (Regular) 2/3/97 Page 1 5. Report on Annual Crime Statistics (PD) - File 9-3-30 SRCC MINUTES (Regular) 2/3/97 Page 2 Accepted report. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Mayor Boro (from the minutes of the Special Joint Public Hearing and Regular Meeting of Tuesday, January 21, 1997 only, due to absence from the meetings). The following item was removed from the Consent Calendar for further discussion: 3. RESOLUTION AUTHORIZING THE FIRE CHIEF TO EXECUTE "COOPERATING AGENCIES AGREEMENT" BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN (FD) - File 4-13-98 x 9-3-31 Councilmember Heller asked which programs having to do with Hazardous Materials were among the six defined in AB1082? Fire Chief Robert Marcucci reported those programs were Hazardous Waste, Above Ground Storage Tanks, Underground Storage Tanks, Hazardous Material Release Response Plans and Inventory, Risk Management Prevention Plan, and Uniform Fire Code. Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 9787 -RESOLUTION AUTHORIZING THE FIRE CHIEF TO EXECUTE "COOPERATING AGENCIES AGREEMENT" BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None RE: REPORT ON ANNUAL CRIME STATISTICS (PD) - File 9-3-30 For the benefit of the members of the public who were in attendance, Mayor Boro explained one of the items on the Consent Calendar had been a report from the Police Department on Crime Statistics for 1996. Mayor Boro stated he was very pleased with the report, which showed Class I Crime in San Rafael was down 13.9%, and although Class I Crime was down Nation-wide, it was pointed out in the report that with a 13.9% decline, the City was 11% below the United States percentage of decline. Mayor Boro thanked Acting Police Chief Boyd for his efforts. SPECIAL PRESENTATION: 6. PRESENTATION OF RESOLUTION OF APPRECIATION TO ACTING POLICE CHIEF TOM BOYD (CM) - File 102 X 9-3-30 Mayor Boro stated Captain Boyd had served as Acting Police Chief for the past six months, while also continuing his duties as Captain in the San Rafael Police Department. Mayor Boro stated it was important to note Captain Boyd had accomplished many things for the City and the Police Department during the past six months, noting he had enhanced Community Policing in the Downtown; he instituted the TRAK program which helps find missing children; and he took care of a real thorn in the side of the entire City, which had to do with the Voice Mail system in the Police Department. Mayor Boro reported Captain Boyd also brought back to life programs such as the Chaplaincy Program, and the Cadet and Intern Programs. Mayor Boro stated these were all remarkable accomplishments, particularly in addition to doing his current job. On behalf of the City Council, Mayor Boro thanked Captain Boyd for all his efforts. Captain Boyd thanked Mayor Boro, stating that acting as Police Chief for six months had been a nice opportunity, giving him a better perspective as to what the job is all about. He acknowledged many things had been accomplished during the past six months, and that was due to everyone in the Police Department, noting everyone chipped in and came through the transition period. Mayor Boro announced the City Council meeting would adjourn briefly, and a reception SRCC MINUTES (Regular) 2/3/97 Page 2 SRCC MINUTES (Regular) 2/3/97 Page 3 would be held in the lobby, in honor of Captain Boyd. Mayor Boro then reconvened the City Council meeting. MONTHLY REPORT: 7. CITY WORK PLAN REVIEW (CM) - File 237 Assistant City Manager Suzanne Golt stated there were over sixty key projects currently underway and being addressed in this review. Councilmember Heller asked City Clerk Leoncini what the Legal Analysis for the San Rafael Municipal Code represented? Mrs. Leoncini explained Book Publishing Company, publishers of the City's Municipal Code, had done a legal analysis of the Municipal Code. She reported the analysis had been given to our City Attorney's office, and they were in the process of reviewing it. Ms. Heller asked if this would tell us if all of the City's Ordinances fit together, or were glaringly out of place? Mrs. Leoncini stated the analysis would show if any of the Ordinances were out of place. City Manager Gould reported Assistant City Manager Golt had taken the first issue of the City-wide Newsletter to the printer that morning, and the Newsletter should be in everyone's mailbox either Friday or Saturday of this week. Mayor Boro asked City Manager Gould to commend his Department Directors and staff for their fine efforts. He noted "completions" were beginning to show up on this report, and he appreciated the work everyone has done. Mayor Boro stated this was a great process, not only for the City, but also for the public to see just what the City's priorities are, and what we are doing with them. 8. DEPARTMENT REPORT - FIRE DEPARTMENT (FD) - File 237 x 9-3-31 Mayor Boro explained to those in the audience that each month one of the City's Department Directors presents the Council with an update of their department's activities, and this evening Fire Chief Robert Marcucci would present a report on the Fire Department. Fire Chief Marcucci first stated he and the members of the Fire Department had enjoyed working with Acting Police Chief Tom Boyd, noting there were many issues which arose during that time, and he felt everyone had an even greater appreciation of Captain Boyd. Chief Marcucci thanked Captain Boyd for his support of the Fire Department. Fire Chief Marcucci stated the Fire Department had a Mission Statement which coincided with the City's Mission Statement, and from their Mission Statement the Fire Department had developed an array of programs they feel represent what their customers need, noting a comprehensive set of Goals and Objectives is developed each year to implement these programs. Chief Marcucci pointed out the report provided a five-year profile of the Fire Department's activities regarding emergency incidents, noting it was somewhat flat. He stated medical calls had reached a plateau, miscellaneous calls were up, and calls for the total year were down. Chief Marcucci noted structure fires were down, stating the Department had worked very hard at keeping structure fires down, and because of the efforts of the Fire Prevention Bureau and Company Inspections, there had not been a fire in a commercial structure during the past four years, except for arson related fires, but nothing that could be attributed to a failure in the Company Inspection Program. He stated the Fire Department took great pride in this. Chief Marcucci stated medical emergencies were averaging approximately nine per day, out of a total of approximately thirteen calls per day. He reported one of the things they were looking at very seriously was the finding that between the ages of ten to fourteen year olds, there has been a 10% increase in the number of calls this year, and they are attempting to determine why they are having such an increase in this specific age group, and if the calls are from a specific area of the City. He noted they were using Census Tract information to find out why this was occurring, and to see if there was some kind of program the Fire Department might institute to help them reduce this percentage. He stated this increase was alarming to him, noting if it were older children, he could understand it, and while he does not want to frighten anyone, he felt the Department might need to go out and train people how to be parents, relative to medical emergencies. He stated the Department SRCC MINUTES (Regular) 2/3/97 Page 3 SRCC MINUTES (Regular) 2/3/97 Page 4 was looking at this issue to see how they might become involved in this way, and what organizations within the community might help the Department in doing these things, particularly if the statistics the Department thinks they are looking at are correct. Chief Marcucci reported 68% of the Fire Department's business was related to medical emergencies. He stated the time the Department spends on medical emergency incidents was very important to them, because this formed the basis on which they allocate the amount of time they want to spend on other programs. He noted they record where they spend their time in quarter-hour and half-hour increments, so they can fairly accurately show how much time they spend on medical emergencies, fires, Company Inspections, and training, and based on this information, the Department can decide each year where they want to place their emphasis. Chief Marcucci pointed out Company Inspections had increased 29% in 1996 over 1995, noting this had been done by design, as they wanted to place a little more emphasis in the field of Company Inspections and back -off a little on training. However, this year the Department will attempt to equalize those categories a little more. Chief Marcucci stated the Administrative staff of the Fire Department coordinated all the activities that go on, and he was very proud of the staff, noting they are hard working and spend a great deal of time doing things other than what their primary assignment states they should be doing. He stated staff believes they are all "generalists" not "specialists", and they all do a whole array of programs. Chief Marcucci stated the Administrative staff consisted of himself, three Division Chiefs, the Fire Marshal, the Training Officer, the Hazardous Material Coordinator, and two Clerical staff members, and noted they spend a great deal of time managing the programs going on out in the field. Chief Marcucci stated they believe the bottom line is to provide an increased level of service to the people in the community, at basically the same or lower cost, and he believes they have succeeded in doing that. Chief Marcucci stated the Training Division was where they determine the operational effectiveness of the Fire Department, and they are attempting to schedule approximately 15 hours per month of training per individual, which equates to approximately 180 hours. He noted the hours themselves did not really mean anything, but when the Companies are evaluated at the drill field, based on standard evolutions and a time -in -motion sense, they can tell if the hours of training are effective or not. Chief Marcucci stated the Department has a 98% success rate of people passing the Proficiency Index. Chief Marcucci reported in addition to doing the training, the Training Officer and his assistant also run the Paramedic Program on a day-to-day basis, and the Hazardous Material Response Team, which is made up of eighteen members from throughout Marin County. He noted the Hazardous Material Response Team was ready to respond at any moment to any hazardous material incident. Chief Marcucci stated the Training Officer also runs the Safety Program, noting the Department was very big on safety, and every accident and near -miss accident is investigated to determine the cause, so the injury rate and Worker's Compensation rates can be kept down. Chief Marcucci reported the Department did not look at emergency care as such, but rather as "patient care". He pointed out that if someone says "emergency medical" one thinks of red lights and sirens, going to a scene and picking the patient up and carrying him to the hospital; however, if one is thinking about "patient care". , they are thinking of a much broader context, which Chief Marcucci stated the Department needed to operate within. Chief Marcucci stated they have even considered having the Paramedics, with their sophisticated training, going to the home of someone who is homebound, and giving them a flu shot, or providing other services of that nature, noting this would provide the increased level of service the Department was talking about. Chief Marcucci stated the San Rafael Fire Department was the first Fire Department in Marin County to complete their Quality Assurance Program, which was mandated by the State of California to the County of Marin, and then from the County to the local authority. He explained this meant the Firefighter EMT, the Paramedic, and everyone throughout the system, including the Dispatcher who answers the 911 telephone, was going to have some critiqueing of their performance, through the Quality Assurance Program. Chief Marcucci stated Kaiser Hospital had played a major role in supporting the Department in this effort, and noted the bonding between the San Rafael Fire Department and Kaiser Hospital had increased because of the Quality Assurance Program. Chief Marcucci reported the Department's third Paramedic unit had been placed in operation, noting this unit was cross -staffed with an Engine Company and a SRCC MINUTES (Regular) 2/3/97 Page 4 SRCC MINUTES (Regular) 2/3/97 Page 5 Paramedic unit, and when the first two Paramedic units are committed and a third call comes in, they abandon the Engine Company and go with the Paramedic unit. Chief Marcucci stated he believed they will be able to provide a fourth Paramedic unit in July, noting it will not require an additional ambulance. He noted four of the Department's Firefighters went into Paramedic training on their own, and while the Department was paying their tuition, they were spending countless hours going to school and studying, noting they should complete their training in July, which would allow the Department the opportunity to use the reserve ambulance as a cross -staffed unit, as they have done with the third unit. Chief Marcucci noted there were times when the Department has had four medical emergencies at one time, noting the third unit was now being used approximately ten times per month, and Chief Marcucci believed that as the HMO's (Health Maintenance Organizations) come more into play in the field of medicine, more of the load was going to fall on the local Fire Departments, and they would have to handle medical emergencies they have not had to handle in the past. Chief Marcucci reported the Fire Prevention Bureau consisted of the Fire Marshal, the Inspector, and the Deputy Fire Marshal. He stated they were always busy, noting last year the Engine Companies did 2300 inspections, and all of those inspections required the support of the Fire Prevention Bureau to obtain compliance. He noted they were very busy dealing with the Neighborhoods, and the Vegetation Management Program. Chief Marcucci stated the Fire Prevention Bureau was doing marvelous work for the Department, particularly in the field of Hazardous Material. He pointed out the City now has a contract with Marin Recycling, and we are doing Household Hazardous Waste disposal for all the jurisdictions except Novato. He stated this was a very worthwhile, highly successful program, and people with household hazardous waste were coming in droves. He noted the City would soon begin the Small Quantity Generator Program, which would be a fee for service run by Marin Recycling, under the sponsorship of the San Rafael Fire Department. He stated the treatment program, which was addressed by the Council earlier in the meeting, was up and running. He acknowledged there was a lot of controversy at the State level concerning who should be a CUPA (Certified Unified Program Agency) , City or County, but that issue had been resolved in San Rafael because we have been certified, and this program was now up and running. Chief Marcucci reported on the Department's Maintenance Division, noting their mechanic not only repairs all the apparatus and keeps it working, but also does all the breathing apparatus repair. Chief Marcucci stated the lifeline of the firefighters is the breathing apparatus, noting the Department has one of the most extensive maintenance programs for breathing apparatus, and has never had the failure of a piece of equipment because of their program. Chief Marcucci stated he hoped to be able to report to Council shortly with the results of the Customer Survey, noting the Department had distributed 736 Customer Service forms, 487 for emergencies; 185 for the Company Inspection Program, asking what the customer thinks of the Firefighter going in to inspect their commercial property; and 64 for the Fire Prevention Bureau, regarding how they deal with contractors and engineers. Chief Marcucci believed the survey has made a difference within the Department, because everyone knows they are being scrutinized by the residents. He stated that is as it should be, with the Department providing the level of service the residents want, not the level the Department wants. Chief Marcucci stated he was very proud of the Department's Care Taker Program, noting in the twelve months this program had been in operation, they have had sixteen clients they have dealt with, and this program had also kept the Paramedic response rate down. Chief Marcucci stated the majority of the Fire Department's business was medical emergencies, and he felt they needed to move more to the social services aspect of their job. Reporting on Disaster Preparedness, Chief Marcucci stated the neighborhood training DART (Disaster Area Response Team) program has begun, noting it was just the beginning, and we have a lot further to go in the area of Disaster Preparedness. He reported the Department was planning to develop a video tape, and one of the Fire Commissioners was working on a manual. Chief Marcucci stated he was proud of the Firefighters involved in the DART Program, noting they have spent a great deal of time and effort on this project. Mayor Boro complimented Chief Marcucci on a very impressive report, noting it spoke to the fine leadership and work Chief Marcucci and the Fire Department put in day by day. Councilmember Cohen stated a number of things being done by the Fire Department were outstanding, and he was impressed with Chief Marcucci's ability to do more and more with the Care Taker Program and Patient Care. Mr. Cohen stated SRCC MINUTES (Regular) 2/3/97 Page 5 SRCC MINUTES (Regular) 2/3/97 Page 6 he appreciated the kind of challenging leadership Chief Marcucci provides the City. Councilmember Cohen stated he had recently noticed the open space behind Gerstle Park being cleared out, and asked how that project was going? Chief Marcucci reported the Department has had the Conservation Corps working in that area, noting one of the problems they had encountered was not being able to get the heavy equipment into the area to clean-up the road because of the winter rains. He noted Fire Prevention Officer Forrest Craig had recently sent notices to the homeowners in the Gerstle Park neighborhood, informing them the Department would begin working in the area, and the Department will continue to keep the residents apprised of the situation, noting the Department had made a commitment to the residents, and was not going to renege on that commitment. Chief Marcucci pointed out one of the Council's objectives had been to do some work on the City's land, and reported the Fire Department had been doing a lot of work this year with the Conservation Corps, noting the Department had been able to provide the Corps with $15,000, and got $30,000 worth of work. Chief Marcucci stated he felt the Fire Department had been doing very well, and was meeting the objectives Council had encouraged them to accomplish. Councilmember Heller referred to the Hazardous Waste Program, and asked if we were getting customers from Novato and, if so, what happened when they drive down from Novato? Chief Marcucci stated the City of Novato had established its own Household Hazardous Waste Programs, and we would not accept a resident of Novato, noting their driver's license and zip code are checked. Ms. Heller asked if a count was being kept of the number of cars using the facility? Chief Marcucci stated that was being done, and reported we were currently getting approximately 300 cars per day. He stated this was a highly successful program, and the objective was to get to the point where nobody comes in, because nobody is buying household hazardous waste. Councilmember Heller asked about the upcoming personnel changes in the Fire Department? Chief Marcucci reported there was a new Division Chief, Ritt Hewitt, and a new Paramedic, replacing someone who had retired. Chief Marcucci stated he hoped to introduce both of them at an upcoming City Council meeting. Councilmember Heller asked if County Service Area 19 included the Santa Venetia and Country Club areas? Chief Marcucci stated it included the Santa Venetia, Los Ranchitos, Country Club, Bayside Acres and California Park areas. Ms. Heller asked for the status of the empty Fire Station on Joseph Court? Chief Marcucci stated he was still considering various ideas, noting one possibility he was looking at seriously was using the building for a Regional Fire Dispatch Center. Other uses which could be considered were a training center, or a conference center which could be rented by private citizens, noting the building was inexpensive to keep right now, because it was paid for and the utility bill has been small. He stated he was not at the point where he would suggest selling the building, as it was a valuable asset to the Fire Department, and he would like to hold the building for a little longer before deciding what to do with it. Councilmember Phillips complimented Chief Marcucci on his management style, stating he had a real grasp of the Department. He asked how Chief Marcucci might be using volunteers in the Fire Department? Chief Marcucci stated his two volunteers were two of the Fire Commissioners. He acknowledged there were uses for other volunteers, and while he was not reluctant to use volunteers, Chief Marcucci stated he had to find a niche for them. He stated it was very important to have continuity within his Department, and at times volunteers do not provide that continuity. However, he stated there were a couple of programs for which volunteers would be excellent, and he noted he would be working toward this. Chief Marcucci noted the Care Taker program was one area where the Department needed to intervene more quickly, noting when they see through the statistics that within a three or four month period the Department has been called out on a patient four or five times, we need to have someone contact those people to see if they need help. Chief Marcucci reported when he started the Care Taker program, he had assumed older people would want their families to help them; however, he found this was the last thing they wanted, because they would often end up in a convalescent hospital, so they would try to hide the problems they were having from their families. He stated this was where the Department was trying to intervene and provide support for them. He felt the Department really needed to be able to do this sooner, noting a volunteer with social service SRCC MINUTES (Regular) 2/3/97 Page 6 SRCC MINUTES (Regular) 2/3/97 Page 7 skills could help the Department in this endeavor. Councilmember Phillips noted the Fire Prevention Table listed Community Awareness and Public Relations, and asked how this program was working? Chief Marcucci stated the Department was placing more emphasis on taking a lead from the City Manager regarding Community Policing, noting he had looked at this issue and decided the City needs Community Fire Servicing. He stated the Department was becoming more involved with the community, and partnering with the community in trying to solve problems. Mr. Phillips stated the Public Awareness Program spoke highly of Chief Marcucci, and reflected positively upon the Fire Department and Chief Marcucci's men. He stated he was pleased to see this, along with the emphasis the Department was placing on outreach to the community. PUBLIC HEARINGS: 9. PUBLIC HEARING - TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AT 20 FRANCES STREET AND TO ABATE IN WHOLE OR PART, APN #12-072-17, CAROL HOLECEK, PROPERTY OWNER (P1) - File 3-3-55 x 10-2 Mayor Boro declared the Public Hearing opened and asked for the staff report. Assistant City Attorney Gus Guinan reported this hearing was being held to determine whether or not a Public Nuisance exists on the property at 20 Frances Street, in violation of the City's Municipal Code. Mr. Guinan stated in the past two to three years there had been numerous complaints concerning this property, with regard to the condition of the property and garbage, broken machinery, debris, stacked wood, and other refuse stacked in the back yard and side yards. He reported in late 1985 the City began some investigation of these conditions, and originally got some compliance from the property owner, Ms. Carol Holecek; however, that initial compliance deteriorated into non-compliance with, again, abandoned autos, refuse, garbage, other debris, broken appliances, and other material stacked in the back yard. Mr. Guinan stated after numerous attempts to coerce compliance once again, an inspection warrant was obtained after Ms. Holecek refused to allow City and County inspectors to view the premises, and the warrant was served in November, 1996. He reported at this time conditions which the City Inspector found were in violation of the Public Nuisance Ordinance of the City, and which the County Health Inspector found to be in violation of the Health Code, in that they provided harborage for vector, specifically mice and rats. Mr. Guinan reported the specific violations being presented were: 1) Abandoned and broken equipment and neglected machines, constituting attractive nuisances dangerous to children in violation SRMC Section 1.20.030(I); 2) Depositing and maintaining offensive substances such as tin cans and other refuse, debris, wreckage or other waste, decayed, dilapidated or discarded or abandoned material likely to attract or to become a gathering or breeding place for rodents, rats or mice in violation of SRMC Section 9.12.030; 3) Keeping and accumulating solid waste on property in violation of SRMC Section 9.19.040 and Section 9.19.060. Mr. Guinan stated the fourth violation listed in the staff report, constituting a failure to provide for disposal of solid waste through the designated authorized refuse and recycling agent in violation of SRMC Section 9.19.090, had been satisfied, reporting Code Enforcement Officer William Palmer had found, and Marin Sanitary had verified, that Ms. Holecek had paid her back arrears, and now had garbage service to the property. Mr. Guinan requested that Code Enforcement Officer William Palmer be sworn -in by the City Clerk. Mr. Palmer was sworn -in by City Clerk Leoncini. Mr. Guinan asked Mr. Palmer to state the nature of his employment with the City of San Rafael, and how long he had been so employed. Mr. Palmer stated he was the Code Enforcement Officer for the City of San Rafael, having been in his current position since July, 1996, and having worked for the City off and on for the past fourteen years. Mr. Guinan asked if, in this capacity, his duties included inspecting properties to determine if they were in violation of the Public Nuisance Ordinance of the City of San Rafael? Mr. Palmer stated SRCC MINUTES (Regular) 2/3/97 Page 7 SRCC MINUTES (Regular) 2/3/97 Page 8 that was correct. Mr. Guinan asked if, in his duties as Code Enforcement Officer, Mr. Palmer had the opportunity to visit the premises at 20 Frances Street during the past year and a half? Mr. Palmer stated he had been to the site several times. Mr. Guinan asked Mr. Palmer to relate the conditions he found during his various trips to 20 Frances Street. Mr. Palmer reported the conditions had varied slightly from time to time, noting when he had initially visited the site, it was pretty much a mess in the front yard, back yard and driveway. He stated that over a period of the past several months, the front yard has been fairly well cleaned -up, with the garbage cans and trash which were in the front having been removed. However, he stated the main problem was in the rear of the property, some of which could be seen from the public street. He reported there was quite an accumulation of debris, lumber, and trash, as noted in the staff report. Mr. Palmer distributed a set of photographs he had taken on January 9, 1997, testifying they were a true representation of the conditions on the property at that time. He pointed out there was quite a variety of accumulated debris and waste on the property. Mr. Guinan asked if the conditions Mr. Palmer had found on the property on January 9, 1997 constituted a violation of the Nuisance Ordinance of the City of San Rafael? Mr. Palmer stated they did. Mr. Guinan asked Mr. Palmer to point out the conditions in the photographs which corresponded to the actual violations listed in the staff report. Mr. Palmer pointed out the photographs indicated parts of motorcycles, bicycles, other machinery, abandoned appliances, abandoned and dilapidated furniture, lumber piles, trash in general, garbage bags and other containers with trash in them. Mr. Guinan asked if Mr. Palmer had occasion to again visit the property after the photographs were taken on January 9, 1997? Mr. Palmer stated he had inspected the property again on January 31, 1997, with one of the County Health Inspectors, and Mr. Palmer presented photographs he had taken on that date, which depicted the back of the property, testifying these photographs were a true representation of the conditions of the site as it existed at that time. Mr. Guinan asked if Mr. Palmer had sent any notices to Ms. Holecek, as to the condition of the property, and requesting her to clean-up the property, after the first inspection on January 9, 1997? Mr. Palmer stated he had sent a notice after the inspection on January 9, 1997, and had also spoken with Ms. Holecek. Mr. Guinan asked if Ms. Holecek had indicated she would clean-up the property? Mr. Palmer stated Ms. Holecek indicated she wanted to take action and get the mess cleaned -up, but was having trouble finding anyone willing to do it. Mr. Guinan asked if Mr. Palmer had found that any of the conditions had changed when he reinspected the property on January 31, 1997? Mr. Palmer reported he found no material change. Mr. Guinan asked if Mr. Palmer had found the same conditions to be present, and Mr. Palmer stated the conditions were essentially the same, as depicted in the photographs. Mr. Guinan noted Mr. Palmer had again visited the property this afternoon, and asked him to describe any conditions which had changed. Mr. Palmer reported some of the material had been removed. He referred to one of the earlier photographs which showed a long strip of debris comprised of leaves, tree limbs, and other trash, running down the center of the back yard, and noted most of this had been removed. He stated some of the other items had been removed, and some of them had been rearranged and stacked a little better, and while he could not say the yard was neat, it was better than it had been. Mr. Palmer stated it appeared as though a couple of truck loads of material might have been removed, but there was still quite a bit left, noting one of the most offensive things was a large pile of lumber, very sloppily stacked, with some of the lumber badly decayed. He noted there was still metallic waste material from motorcycles, furniture, bicycles, an engine block, and other material next to the shed in the back, one piece of abandoned furniture filled with scrap wood, leaves, trash and debris, and carpet on the ground which had badly deteriorated. Mr. Palmer noted there was still a lot of stuff that needed to be cleaned -up. Mr. Guinan asked if Mr. Palmer had discussions with Ms. Holecek concerning whether or not she had reinstituted garbage service to the property? Mr. Palmer stated he had, and Ms. Holecek had informed him that she had contacted Marin Sanitary, and they had resumed garbage service. Mr. Palmer reported the City had issued a citation in December, 1996 because she did not have garbage service, and Ms. Holecek informed Mr. Palmer she had not yet paid this fine. Mr. Palmer stated he verified with Marin Sanitary that garbage service had been restored, and reported the reason the service had been discontinued during the summer was for non-payment of service. Mr. Guinan referred to the condition of the property when Mr. Palmer inspected it SRCC MINUTES (Regular) 2/3/97 Page 8 SRCC MINUTES (Regular) 2/3/97 Page 9 this afternoon, asking if conditions still remained, as listed in the staff report, which had been found to violate the City's Public Nuisance Ordinance, excluding Item #4 which was a violation for failure to provide for garbage services? Mr. Palmer stated that although some of the material had been removed, these three conditions of violation did still exist. Mr. Guinan introduced David Smail, Environmental Health Officer with the County of Marin, and asked that Mr. Smail be sworn -in by the City Clerk. Mr. Smail was sworn -in by City Clerk Leoncini. Mr. Guinan asked Mr. Smail how he was employed, and Mr. Smail stated he was a County Health Inspector and Registered Environmental Health Specialist. Mr. Guinan asked how long he had been so employed, and Mr. Smail responded he had been so employed since October, 1990. Mr. Guinan asked if, during the seven years he had been employed with the County as an Environmental Health Officer, as part of his duties did Mr. Smail inspect properties to determine whether harborage for rats or mice existed on property, in violation of Public Nuisance Codes? Mr. Smail stated he does inspect those conditions. Mr. Guinan asked, in connection with Mr. Smail Is duties as an Environmental Health Officer with the County of Marin, had Mr. Smail had the opportunity to inspect the property and premises at 20 Frances Street? Mr. Smail stated he had personally conducted a total of five site inspections at that location. Mr. Guinan asked Mr. Smail to relate the conditions he had found at this location during his site inspections, focusing more specifically on his more recent inspections during the past several months, and if those conditions represented a harborage for rats and mice? Mr. Smail stated he found, on site, an accumulation of piles of wood lying on the ground, yard waste piles, overturned garbage containers, appliances, automotive parts, cast-off upholstered furniture, and flies generated from rotting matter. Mr. Guinan asked if that condition would violate the Nuisance Ordinance prohibiting the storage of materials on premises which would harbor rats and mice? Mr. Smail stated he believed it was a rodent harborage. Mr. Guinan asked if Mr. Smail' s most recent inspection of the property had been on January 31, 1997? Mr. Smail stated that was correct. Mr. Guinan asked Mr. Smail if he had found those conditions to exist at that time, and Mr. Smail reported he had. Mr. Guinan asked Mr. Smail if he had reviewed the photographs of Mr. Palmer' s second inspection, and Mr. Smail stated he had. Mr. Guinan asked if those photographs accurately and correctly depicted the conditions at the premises when Mr. Smail inspected it on January 31, 1997? Mr. Smail stated they did. Mr. Guinan asked Mr. Smail if those conditions would constitute a situation which would be a potential harborage of rats and mice? Mr. Smail stated he definitely believed they would. Mr. Guinan distributed copies of a letter Mr. Smail had written to Mr. Palmer, after his inspection of the property on January 31, 1997. Mr. Guinan stated the fact that the City had previously cited Ms. Holecek, criminally, for failure to have garbage service, did not affect the Council's determination in the matter now before them; in fact, since Ms. Holecek had reinstituted garbage collection, this was no longer a matter before the Council for purposes of abatement. City Attorney Ragghianti asked that the record reflect that prior to the presentation of this case to Council, the City Clerk distributed a January 16, 1997 decision from Marin County Court Commissioner Goldfine, in which he determined, after a hearing and trial, that a Private Nuisance existed at the same premises, which was the subject of this proceeding. Mr. Ragghianti noted that while this was not dispositive of any of the issues now before Council, it was probative of the conditions he found to exist on the property, and the history that has existed with respect to this parcel. Mr. Ragghianti requested a copy of Commissioner Goldfine's decision also be entered into the record, and made part of these proceedings. Bruce Mushet, 11 Frances Street, stated he was speaking on behalf of the residents of the Gerstle Park Neighborhood, and wished to address their collective concerns for their health and safety regarding 20 Frances Street. Mr. Mushet reported there had been seven years of constant law enforcement activity at this location, including enforcement from the Marin County Sheriff's Department, and the San Rafael Narcotics Task Force, resulting in several arrests. Mr. Mushet stated the mother, property owner Carol Holecek, along with her adult children, had been arrested for various drug charges, and occupying a residence for illegal uses. Mr. Mushet noted the entire family was arrested on July 21, 1995 when drugs, and a bomb filled with shrapnel and SRCC MINUTES (Regular) 2/3/97 Page 9 SRCC MINUTES (Regular) 2/3/97 Page 10 designed to maim or kill, were discovered. Mr. Mushet stated there were numerous Health and Safety Code violations recurring daily, noting piles of trash and debris were all over the property and spilling into the neighbors' yards, creating a harborage for rodents, and the stench was unbearable. He stated there were also abandoned vehicles at the rear of the driveway, as well as auto repairs occurring at all hours. Mr. Mushet reported Sheriff's Department Officer Doug Endy had testified that inside the house there was exposed wiring, missing flooring, and debris piled from floor to ceiling, preventing passage through the home. Mr. Mushet stated the lives of the residents had suffered, and their property values had plummeted. He reported that on January 14, 1997 nine neighbors successfully sued the residents of 20 Frances Street in Small Claims Court, and Judge Goldfine ruled in his decision that the residents of 20 Frances Street had created a Private Nuisance, and awarded the neighbors the maximum judgment. However, despite their success, the problem continues, and the neighbors still need the City to take immediate and decisive action. Mr. Mushet noted that rather than dwell on the problem, the neighbors wished to focus on the solution, and he stated the neighbors were thankful to have been aided by the City of Vallejo Is Beat Health Program. Mr. Mushet explained this was a nationally recognized program designed to lessen the threat to neighborhoods posed by drug activity. Mr. Mushet introduced Tina Burshelle, Community Service Officer, to explain the program. Tina Burshelle, Police Assistant with the City of Vallejo, stated she was currently assigned to the Beat Health Program, under the supervision of Vallejo Police Department Lieutenant Tony Piersall. Ms. Burshelle stated this program had been very successful in the City of Vallejo, and was designed to supplement traditional law enforcement approaches to eliminate drug and gang activities within the neighborhoods. She noted the Beat Health Program was a partnership between the citizens, the Police Department, and City personnel, and was developed to establish a collaborative effort to abate drug and gang related houses within the community, and was viewed as a shared responsibility. Ms. Burshelle reported the program was designed to utilize the citizens in the neighborhoods, noting they were the Police Department's eyes and ears, stating law enforcement could only do so much, and they had to rely on the citizens. She stated the program encompassed the citizens into the process of eliminating potential problems in the neighborhood. She pointed out members of the Beat Health Program not only help property owners clean-up the properties and get rid of the problems, but also educate the owners on how to screen their tenants and spot potential drug problems, and to listen to their neighbors about what is going on in the community. Ms. Burshelle stated the Beat Health Program was a very cost effective program, and Vallejo's City Attorney was currently looking at ways for their city to recoup a lot of the cost incurred by their Police Department, Fire Prevention, and Code Enforcement going out on a daily basis to do on -sight inspections and follow-up work. Ms. Burshelle stated the Beat Health Program was an excellent program, noting the motto for the program was, "We are a solution looking for a problem." She stated the program was cost effective, it made the neighborhoods happier places, and placed the emphasis on shared responsibility. She urged Council to encourage the new Police Chief to consider this program for the City of San Rafael. Angela Burroughs, former neighbor of 20 Frances Street, stated she had lived next door to Ms. Holecek I s property for approximately eight months, but had to move because of the constant noise and disturbance. She noted she also operated a business in San Rafael, and had wanted to stay local, but had to move away. Ms. Burroughs stated she was very pleased Ms. Burshelle had come and spoken before the Council, noting as someone who would like to stay in this area and bring more business here, the Beat Health Program gave her hope that something could be done, and perhaps she could move back. She stated the problems caused because of the situation at 20 Frances Street had greatly disturbed her life, and she would like to see something done about it. There being no further public comment, Mayor Boro closed the Public Hearing. SRCC MINUTES (Regular) 2/3/97 Page 10 SRCC MINUTES (Regular) 2/3/97 Page 11 Mayor Boro stated the next item Council would be addressing, upon completion of this Public Hearing, was an Ordinance which would allow the City to streamline and introduce a comprehensive Municipal Code Enforcement Program, and he noted those members of the audience who had commented on this Public Nuisance hearing might like to stay for discussion of the next item. Assistant City Attorney Guinan pointed out there were two paragraphs in the Resolution before Council which should be stricken, as they concerned factors regarding the absence of garbage service, which had been corrected. Mr. Guinan asked that Paragraph 3 on Page 1 of the Resolution be deleted, as well as Item #6 on Page 3 of the Resolution. Mr. Guinan recommended Council adopt the Resolution, with these changes. Councilmember Cohen pointed out that garbage service to the property had been discontinued on September 24, 1996 for failure to pay the bill; the City served a Notice of Violation on October 18, 1996, with a deadline of October 29, 1996; a fine was levied in December, 1996; as of January 28, 1997 the City was informed service still was not being provided; and now the City has been informed the back service has been paid and service has been resumed. Mr. Cohen stated his concern was what would happen if Ms. Holecek stopped paying the bill again next month, asking if the City would again have to go another three or four months to resolve the issue, and if there was any way we could note that this had been a problem in the past, and perhaps be prepared to respond more quickly if it should happen again? City Attorney Ragghianti stated there was very little the City could do to prevent the owner of the premises from failing to pay Marin Sanitary Service. Mr. Ragghianti stated if that were to happen, he was not certain what the City would do, but we might file a criminal complaint, based on our Code provisions. He stated this was something the City would just have to deal with as it turned up, and there was nothing we could do about it in advance. Councilmember Phillips cited a portion of the Resolution which read, "to assess the City' s abatement costs as a lien against the property on which the nuisance is abated, and to collect such costs as taxes", and asked for a clarification of the phrase, "collect such costs as taxes". Assistant City Attorney Guinan reported that under the Cost Recovery Section of the Municipal Code, Chapter 2.50, the City had several collection mechanisms; there was the standard lien procedure, which was included in the current Nuisance Abatement Code; and under the General Cost Recovery section of the City's Ordinance there was also a provision whereby these costs may be assessed at a Hearing before the Council, and the amount sent to the County Tax Collector, and assessed on the Tax Collection Rolls; and it could also end up as a lien against the property if the individual did not pay. Mr. Guinan acknowledged the way this phrase was written did sound as though it might be the assessment of a new tax; however, it was merely a method of collection. City Attorney Ragghianti suggested the wording be changed to read, "and to collect such costs on the Tax Rolls". Mr. Guinan stated the change in wording would be made. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution, as amended, declaring a Public Nuisance exists at 20 Frances Street, and ordering abatement in its entirety. RESOLUTION NO. 9788 -RESOLUTION DECLARING THAT THE KEEPING, ACCUMULATION AND MAINTENANCE OF DEBRIS, TRASH, GARBAGE, AND OTHER SOLID WASTE ON THE PROPERTY LOCATED AT 20 FRANCES STREET (AP NO. 12-072-017), VIOLATE VARIOUS SPECIFIED PROVISIONS OF THE SAN RAFAEL MUNICIPAL CODE, AND CONSTITUTE A PUBLIC NUISANCE, ORDERING THE PROPERTY OWNERS TO ABATE THE EXISTING NUISANCE WITHIN 15 DAYS AND TO CEASE AND DESIST FROM ANY FUTURE SUCH NUISANCE ACTIVITIES, DIRECTING CITY OFFICIALS TO ABATE THE NUISANCE IF THE OWNERS FAIL TO DO SO DURING THE ABATEMENT PERIOD, DIRECTING THE ASSESSMENT OF THE CITY'S ABATEMENT COSTS AS A LIEN AGAINST THE PROPERTY, DIRECTING THE RECOVERY OF SUCH ABATEMENT COSTS ON THE TAX ROLLS, AND AUTHORIZING THE RECOVERY OF ADMINISTRATIVE ABATEMENT COSTS, (As Amended). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING - APPROVAL OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE, 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, 1.08.210, AND BY REPEALING SECTION 1.12.010; BY REDESIGNATING SECTION 1.12.011 AS SECTION 1.12.010; BY RETITLING CHAPTER SRCC MINUTES (Regular) 2/3/97 Page 11 SRCC MINUTES (Regular) 2/3/97 Page 12 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. THESE CHANGES REORGANIZE THE CITY'S CODE ENFORCEMENT PROGRAM, PROVIDE FOR CIVIL PENALTIES, AND ESTABLISH AN ADMINISTRATIVE HEARING PROCEDURE (CA) - File 240 x 9-3-16 Mayor Boro opened the Public Hearing, and asked for the staff report. City Manager Gould reported this was actually the third piece of a four part program to significantly enhance the City's ability to act on Municipal Code violations. He noted this new Ordinance would provide the City with new powers and different avenues to compel compliance with the Municipal Code, and the Building and Safety Codes, as well. City Attorney Ragghianti thanked Deputy City Attorney Eric Davis and Assistant City Attorney Gus Guinan for the preparation of this document. He noted the Ordinance represented a first time effort for the City in a comprehensive amendment to the manner in which the City processes circumstances which result in allegations of Nuisance. Mr. Ragghianti noted that when this new Ordinance was fully implemented the Council would not see further proceedings, such as those that had just concluded. Mr. Ragghianti stated they would be handled efficiently elsewhere, and fines would be collected which would go into the City's Treasury, rather than be shared with the County of Marin. Mr. Ragghianti pointed out that in preparing this new Ordinance, it was circulated throughout the City to other Departments for their input, noting it affected a great many sections of the Municipal Code. Assistant City Attorney Guinan reported the Ordinance being presented was a comprehensive, unified and systematic approach which would simplify and expedite the process of Code Enforcement in the City of San Rafael. He stated the basic Ordinance had four sections. Preliminarily, they have revised certain definitions, and of specific note were the changes regarding the Code Enforcement Official, to provide more flexibility in the City with regard to the potential individuals with the authority to cite for violations of the Code. He stated they had also streamlined the definition of Public Nuisance, noting a Public Nuisance as defined in the Civil Code, "Any violation of the San Rafael Municipal Code, per se, is a Nuisance"; and, from the list under 1. 16 of the current Nuisance Ordinance, "Those sets of facts that have most often been raised in a complaint and brought to the City as a Public Nuisance". Mr. Guinan referred to the four sections of the Code, noting the first addressed the Code Enforcement authority of particular individual officers, to ensure the Council had granted the authority to issue citations and other forms of enforcement authority to those officials in various departments of the City government who have responsibility for those areas of expertise. Mr. Guinan stated the second section addressed judicial remedies, which are the more traditional remedies cities have often used in the past, and include criminal prosecution of offenses of the Municipal Code as either infractions, or misdemeanors. He noted this remains, and has not been eliminated because staff believed it was an effective tool in certain circumstances, noting if a particular violation cannot be corrected in any other way, or if a particular individual flaunts the authority of the City to try to correct a situation, the City would still have the authority to prosecute criminally. He noted now that Deputy City Attorney Eric Davis was working full-time, the City Attorney's Office would be prepared to back-up any department which needs assistance in court. Mr. Guinan reported the other judicial remedy was traditional Nuisance and Injunctive relief with the Superior Court, noting this had not been used very often and, hopefully, would not need to be used under the new procedures. However, it was still available if the City needs it. Mr. Guinan reported the third section was Administrative Citations, noting this was something entirely different than any other remedy the City had been able to use before, and was much the same as issuing a ticket. He stated that when there is a situation, whether it be someone dumping something illegally in a storm drain, someone who has had their garbage can out on a day when it is not their pick-up day, or any other minor, one-time violation, currently the only authority the Code Enforcement Officers of the City have is to issue a ticket, which is an infraction, and the person has to go to the Court, and usually ends up paying a fine of $50 or $60. Mr. Guinan noted only 12% of that fine returns to the City's General Fund. However, when this ticket is issued under the Civil Citation system, 100% SRCC MINUTES (Regular) 2/3/97 Page 12 SRCC MINUTES (Regular) 2/3/97 Page 13 of the amount of the fine, which the Council will set at a future date, will come to the City's General Fund. Mr. Guinan noted there were provisions for appeal in this process, to ensure that the individual cited would have full opportunity, as guaranteed by Constitutional Due Process of Article XIV, to contest the facts of the situation constituting a violation, and the imposition of the penalty. Mr. Guinan stated the fourth and final section was in the nature of "Traditional Nuisance", much the same as what was heard earlier in the Public Hearing for the Declaration and Abatement of a Public Nuisance. He stated this section primarily addressed continuing problems, such as the condition of property that somehow just will not get cleaned -up, and where a property owner will not, cannot, or for whatever reason does not clean-up their property. He explained that in this instance, the entire procedure would be done administratively, with a Notice and Order, and a Hearing set before an Administrative Hearing Officer, at which time the Administrative Hearing Officer would conduct the Hearing and make a determination. Mr. Guinan noted the matter would be final after the Administrative Hearing Officer's determination, and there would be no appeal to the City Council. Therefore, if the individual wished to take the action further, he would have to file a Petition for Writ in Superior Court. Mr. Guinan stated, as a practical matter, staff anticipated this would expedite the process, because when the City has gotten serious and given Notices for these types of Hearings, most people have taken some sort of action before the Hearing actually takes place. Hoping this would continue, Mr. Guinan stated that with being able to schedule an Administrative Hearing Officer, they hoped it would happen sooner. He noted that in addition to the order of clean-up, there were also provisions for cost recovery, both the administrative costs and attorney's fees, and civil penalties, which means not only can the Administrative Hearing Officer order the individual to clean-up the property, he can find how much it costs, and what the attorney spent on the time presenting the case, and can also assess a civil penalty on top of that. Mr. Guinan pointed out the collection methods would remain the same, noting the City could go through the lien procedures and lien the property, prepare a Finding of what the costs are and submit it to the County Tax Collector, and the fine would then be placed on the Tax Rolls and collected through the ordinary course. Addressing the position of Administrative Hearing Officer, Mr. Guinan explained this person would hear contested Civil Citations and the Administrative Order contests. He stated it was anticipated this person would be an attorney experienced in the area of Municipal Law, and would initially spend two afternoons per month presiding over such Hearings, although at this point there was no way of knowing if that would be too much or too little time. He noted it would likely take a couple of months of having the procedure in place before they could adequately assess whether that is a sufficient amount of time or not. Mr. Guinan pointed out the Administrative Hearing Officer would not be a City employee, but would be a person hired on contract at an hourly rate. Mr. Guinan reported there were several pieces to this program that remained to be put into place, with one of the most significant being a Procedures Manual, noting he and Deputy City Attorney Davis had already discussed the general outlines of what this would contain. Mr. Guinan stated they did not want to produce a large manual which would not be read, noting their idea was to provide a five to six page "user friendly" guide, containing forms which would be easy for all the Code Enforcement Officers to use, and would be systematized so all the Code Enforcement Officers within the City would be using the same forms and the same process. Mr. Guinan stated the Manual would provide the "nuts and bolts" of how this framework was actually going to work, and they expect to have a draft form of the Manual completed within the next several weeks. Councilmember Heller noted the Ordinance stated the City Manager would designate the Administrative Hearing Officers, and asked if standards and qualifications for these positions needed to be included within the Ordinance, as it seemed very open-ended the way it was now written? City Attorney Ragghianti stated he was confident the City Manager would seek the advice of the City Attorney' s Office regarding someone who would serve in this capacity. Mr. Ragghianti stated the City Attorney's Office envisioned submitting to the City Manager a list of individuals, and then fulfilling any requirements the City may have in terms of hiring them. Mr. Ragghianti stated they wanted someone who possessed the requisite background in Municipal Law, and might also have a background in actually having tried cases, so they understood the rudiments of the Hearing process. Mr. Ragghianti stated his office intended to provide a lot of input during the selection process. SRCC MINUTES (Regular) 2/3/97 Page 13 SRCC MINUTES (Regular) 2/3/97 Page 14 Councilmember Heller stated she would feel more comfortable with qualifications and general guidelines for this position included in the Ordinance. Mr. Ragghianti stated the intention had been to seek Personnel Director Chandler's advice in terms of what the qualifications would be. City Manager Gould asked if it would be helpful to include such qualifications in the Policy Manual being prepared? Councilmember Heller stated that would be helpful, and she just wanted to see something in writing somewhere, and to have some guidelines, noting it did not have to be detailed, just the general qualifications. Mr. Guinan stated a sentence could be added to the Ordinance stating, "The qualifications for the Administrative Officer shall be designated in the Procedures Manual", and noted he would provide Councilmember Heller with a copy when it was completed. Referring to the Civil Penalties, Councilmember Heller asked how much the City could assess for misdemeanors and infractions? Mr. Guinan explained the City of San Rafael's Charter addressed Crimes and Penalties, and it designated a $500 limit. He noted there were questions with regard to changing the amount; therefore, the amount under the new Ordinance would likely be no more than $500 per day. Mr. Guinan stated he was afraid to go above that amount, as an argument could be made that the Penalties and Fines provision of the Charter spoke only to Criminal violations of the Municipal Code. Mr. Guinan pointed out that when the Charter was written, it was unlikely anyone was thinking about the process of Civil Citations; nonetheless, the language was general enough that one could argue it was covered. Ms. Heller asked if the only way to change the amount listed in the Charter was by a vote of the people, and Mr. Guinan stated that was correct. Councilmember Phillips noted Mr. Guinan stated this Ordinance had been structured, in part, based on a similar Ordinance implemented by the City of San Jose, California, and asked if the process had been working reasonably well in that city? Mr. Guinan stated he did not have specific figures, but could try to obtain that information, noting it might prove helpful. Mr. Guinan stated he did have a general response from San Jose' s Code Enforcement Division, which likely gave a more accurate reflection than their City Attorney's Office would. He noted the Code Enforcement Division was very pleased and happy with their program, and they felt it had been working very well. Mr. Guinan reported the City of Oakland had also adopted a similar procedure, and they were very pleased with it. Mr. Guinan stated he would try to obtain more specific information. Councilmember Cohen referred to the issue of fines, stating it was his understanding that in addition to levying a fine of $500 per day, the City was also in a position to recover actual costs incurred, on which the $500 would not apply. Mr. Guinan stated that was correct. Mr. Cohen noted that with the kinds of inspections we have had on multiple occasions, with a number of employees of the City going out to do a site inspection, he felt this could easily exceed $500 on any given day. Mr. Guinan pointed out that under the direction of City Manager Gould, MSI (Management Services Institute) was conducting a cost allocation study of hourly rates for various employees, for the services provided by the City, and this would provide a very good yardstick to assess those costs for Code Enforcement Services. Mr. Cohen felt this would be an outstanding tool, and given the City's recent experiences with the last two Hearings, he was convinced the time was right for us to do this, stating there was no reason the Hearings should take so long, and no reason they should come before the Council, and noted once the Hearings were held, the City really did not have the enforcement tools it needed. Mr. Cohen stated this Ordinance seemed to address those issues. Mr. Cohen referred to Page 18, Division 8 of the Ordinance, asking for clarification of this section. Mr. Guinan stated this section was being improperly presented to the Council, noting it addressed the Marin County Animal Control Ordinance. He explained there had been a problem with barking dogs in town, and the Police Department had specific problems with one or two individuals, regarding continual barking dog violations, and a refusal to correct the situation. He reported numerous citations had been issued, but under the current adoption in the City' s Code of the Uniform Countywide Ordinance, there was no misdemeanor provision, meaning there was no jail -time threat to get someone's attention, and the Police Department wanted some changes in these various sections to deal with that problem. However, in viewing the Notice of Public Hearing for this Ordinance, this section was not noticed, nor was it discussed by Mr. Guinan in his staff report. Therefore, Mr. Guinan requested this section be deleted from the proposed Ordinance now being presented to Council, noting staff would bring this issue back before Council at a future date, at which time it would include a staff report which details what the problem is, the current Ordinance, and why the changes are needed. SRCC MINUTES (Regular) 2/3/97 Page 14 SRCC MINUTES (Regular) 2/3/97 Page 15 Mayor Boro referred to City Manager Gould's earlier statement that this Ordinance was the third step of a four part program, asking Mr. Gould to reiterate those four basic parts. Mr. Gould stated the first part was Council's direction to increase the staffing level of Code Enforcement Officers from one to three; the second was to increase the Deputy City Attorney's time from part-time to full-time, and to concentrate his efforts on Code Enforcement; the third part was this comprehensive Code Enforcement Ordinance; and the fourth would be the recruitment of a Hearing Officer to carry out that portion of the Ordinance. Mayor Boro asked if the establishment of the fine structure would be coming back before the Council as a separate item? Mr. Gould stated that it would, along with the Policies and Procedures. Councilmember Cohen referred again to the issue of the garbage service requirement, and stated there had to be a better way to deal with this issue, other than to have to go four months before the City could administratively deal with the fact that someone had just stopped paying for garbage service, and was allowing garbage to accumulate on their property. Mr. Cohen asked, when service is stopped for non-payment, is the City notified, or do we just discover it because of complaints being raised? City Manager Gould stated the City had spoken with representatives from Marin Sanitary Service regarding this very issue, and Marin Sanitary was quite eager to enforce the City' s mandatory garbage Ordinance, which requires property owners to have a certain level of garbage service. Mr. Gould reported that once the City had appropriate staff, and the Council had adopted such an Ordinance as is before them tonight, the City would work more closely with Marin Sanitary Service, so when a property owner cancels garbage service, and the City knows that a unit is inhabited, the City can immediately put the owner on Notice, and move much more rapidly. Mayor Boro invited members of the public to address this item. Colleen Mushet, 11 Frances Street, referred to the problem of garbage service at 20 Frances Street, noting it had gone on much longer than four months. She stated that in 1984, when Ms. Holecek purchased the property, she never had garbage service until a year or so ago, when the City insisted she get this service; however, she did not pay for the garbage service and it was discontinued, so in reality, there had been no garbage pick-up at this location since 1984, which is why there are heaping bags of garbage in the abandoned vehicles on the property. Ms. Mushet stated this was not a four month problem, it was a problem than had existed for the past fifteen years. There being no further public comment, Mayor Boro closed the Public Hearing. Mayor Boro recalled a discussion he had with representatives from Marin Sanitary Service when they were looking at issues in the Canal area, and reported they actually had lists of who should be subscribing, and who was not subscribing to their service. Mayor Boro stated it seemed as though Marin Sanitary Service could inform the City of who should be but was not subscribing, and the City could use that list without waiting to receive complaints. City Manager Gould stated that in the past, if we had obtained this information we would not have been staffed to do anything with it, but now we will be. Councilmember Cohen noted he and Councilmember Miller had discussed this issue earlier, and Mr. Miller had suggested perhaps there would be a vehicle by which we could create a pool of funds, in conjunction with the Ordinance being presented, and when someone who should be getting garbage service is not getting it, and the reason Marin Sanitary is not providing service is because they are not being paid, then perhaps this pool of funds could be used to compensate Marin Sanitary Service for the service so that garbage service could be provided, and then the City could use the Administrative tools of this new Ordinance to order the property owner to compensate the City, or the pool of funds, for that expenditure. Mr. Cohen stated that if Marin Sanitary Service was not being paid, they would have no option but to refuse service, but if the property owner did not pay the City, we would have the option of imposing a tax lien against their property to collect that money, which would then be paid into the pool. Councilmember Heller stated it would be a benefit to the neighborhood, and a public service for the entire City, to provide something like this. City Manager Gould stated this was a promising thought, noting he would think about how the funds might be amassed to begin such a program, and how it would be administered. Councilmember Miller suggested the funds might be obtained from Marin Sanitary Service as part of their Franchise Fees, and Mr. Gould stated it might be incorporated as part of their operating costs. Mayor Boro clarified that Marin Sanitary Service would fund this through the rate structure, and then the City would collect for them, pay them back, and keep a revolving fund going. SRCC MINUTES (Regular) 2/3/97 Page 15 SRCC MINUTES (Regular) 2/3/97 Page 16 The title of the Ordinance was read: "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, 1.08.210 AND 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" (As Amended). Councilmember Miller moved and Councilmember Cohen seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1706 to print, as amended, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY COUNCIL REPORTS: 11. a. FEDERAL PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT - File 9-1 (Verbal) Councilmember Miller reported he had attended a conference held at the Marin Civic Center regarding the Federal Personal Responsibility and Work Opportunity Reconciliation Act, which addressed various principles, policies, and programs for Welfare Reform, noting they had expected approximately seventy-five people, and over three hundred people were in attendance. Because the discussions were so complex, Mr. Miller stated he wished to share his personal response to the meeting. He stated we were all Welfare recipients, citing Article I, Section 8 of the Constitution, "The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States". Mr. Miller stated "community" was a web or system of dynamic relationships that bind individuals together. Mr. Miller stated we all benefit from taxes, noting taxes were a just return of the investment of the community on the individual, and welfare to the needy mirrors the soul of the community. Mr. Miller stated that as the protector of the common good and guarantor of human rights, government was obligated to extend welfare to all residents and sojourners in this country, regardless of citizenship, noting that to maintain and strengthen the bonds of relationships that are community, government must extend public health, education of children, and safety to all within its borders. Because Councilmember Miller believed this Welfare reform legislation will have a negative impact on the community, he stated he was encouraging the Council and St. Vincent de Paul to accomplish the relocation of the Dining Room to a facility that can better serve the clients, perhaps establishing a central kitchen to deliver meals to satellite sites, and to meet the increase in people without homes and meals. Mr. Miller stated he would also work harder in the Canal Neighborhood, and would support a Community Policing Program that transforms the City's Police Officers into Police/Welfare workers, who not only provide safety, but help attack the social and physical decay in those neighborhoods resulting from misguided Welfare legislation. b. MARIN VIOLENCE PREVENTION PROGRAM - File 9-1 x 13-8 (Verbal) Councilmember Phillips reported he attended a meeting of the Marin Violence Prevention Program, sponsored by the Canal Community Alliance, which was also attended by forty gang members and several Police Officers from the San Rafael Police Department. Mr. Phillips noted most of the young people stated they were looking for respect, safety, and opportunity. He stated the meeting did not address the issue of violence prevention as much as he would have liked, noting another meeting would be held Thursday at 3:30 PM at the Canal Community Alliance, to discuss how they might improve upon the process, and he invited Mayor Boro to attend. C. MCCMC LEGISLATIVE COMMITTEE - File 9-1 x 113 (Verbal) SRCC MINUTES (Regular) 2/3/97 Page 16 SRCC MINUTES (Regular) 2/3/97 Page 17 Councilmember Heller reported the MCCMC Legislative Committee went to Sacramento last week and met with State Senator John Burton, discussing Welfare changes and any assistance the State of California might provide the City; the need for a steady source of funding for local governments; and ERAF. Ms. Heller noted they were to have met with Assemblywoman Mazzoni, but she was unable to attend. d. ANDERSEN DRIVE EXTENSION PROJECT - File 4-1-478 x 117 (Verbal) Councilmember Cohen stated he had been exploring ideas and thinking about the City's position relative to the completion of the Andersen Drive Extension Project, and clearing -up the issues surrounding the railroad crossing. He noted he has had extensive discussions with City Manager Gould and City staff, and hopes to report to the Council at the next meeting with ideas to help in achieving resolution of some of these issues. e. WELFARE REFORM - File 9-1 x 13-8 (Verbal) Mayor Boro pointed out San Rafael, as a City Government, has a role in the issue of Welfare; however, we also are the agency that will have the people who may have the problems residing within our City. He stated we could not "put our head in the sand" , assuming the City would not be impacted. He noted the City needed to be aware of what is happening, and must begin to think about how we are going to address this problem, because it will be a real problem. There being no further business to come before the Council, the meeting was adjourned at 10:20 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1997 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 2/3/97 Page 17