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HomeMy WebLinkAboutCC Minutes 2002-12-16SRCC Minutes (Regular) 12/16/2002 Pagel IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 16, 2002 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM: Mayor Boro announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: Present: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Barbara Heller Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None a) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern Dist. of CA, Case No. C003785 b) Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Daryl Chandler, Lydia Romero Employee Organization: San Rafael Firefighters' Association City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:22 PM Glenwood Homeowners Association — Medians on Point San Pedro Road: File 4-1-551 x 9-1 Joseph Caramucci, Glenwood Homeowners Association, stated that Point San Pedro Road had taken many forms over its long history. He explained that in the 1970s, major "improvements" were made to the roadway, including a median divided four -lane road to the San Rafael Rock Quarry at McNear's Brickyard. However, he stated that due to economic conditions in the 1980s, the City was forced to forego maintenance of the medians along Point San Pedro Road and other City streets, a decline that was difficult to observe, and efforts to restore and maintain the medians were rejected by the voters. Mr. Caramucci reported that Sandra Sellinger, Marin Releaf and Glenwood resident, attempted to improve the wasteland known as the Glenwood Median by providing and planting new trees in the median, with the understanding that with the efforts of the City and the Glenwood Homeowners Association, it would be replanted with new plants and ground cover. He reported that during the past two years, with the assistance of Ray Shanahan, Glenwood resident and owner of Shanahan Landscaping, preliminary plans were developed for the median and with the City's approval of the concept, formal plans and drawings were developed. Mr. Caramucci reported that due to dangerous traffic conditions on Point San Pedro Road, City officials did not favor citizens working on the median; therefore, a partnership of the Glenwood Homeowners Association and the City was formed to enable the project to move forward. He reported the Glenwood Homeowners Association would contribute a sum of money for the development project over a four-year period and the City had contracted for and would maintain the median. Mr. Caramucci stated that Glenwood owes the staff of the City of San Rafael a great deal of thanks for the sustained efforts in keeping the project on track and he presented plaques to City Manager Rod Gould and Public Works Director Dave Bernardi, together with a first installment check. Indicating that most of the time problems are communicated to City Officials, Mr. Caramucci stated that on this occasion they wished to thank the City Council for the wonderful support and effort and in appreciation, presented them with plaques also. Finally, Mr. Caramucci displayed a sign to be located on the road, recognizing the City's efforts. Mayor Boro thanked Mr. Caramucci, indicating to the audience that this presentation was in lieu of that scheduled for Saturday, December 14, 2002, that could not take place because of rain. SRCC Minutes (Regular) 12/16/2002 Page 1 SRCC Minutes (Regular) 12/16/2002 Page 2 Councilmember Phillips moved and Councilmember Heller seconded, to approve the Consent Calendar as follows: ITEM 2. Approval of Minutes of Regular Meeting of Monday, December 2, 2002 (CC) 3. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1794 — An Ordinance of the City of San Rafael Amending the Municipal Code Including 1) Title 15 of the San Rafael Municipal Code to Eliminate References to the Subdivision Committee as a Decision- making Body; 2) Section 14.25.070 of the San Rafael Municipal Code to Allow for Appointment of an Alternate Member of the Design Review Board, and 3) Title 12 of the San Rafael Municipal Code to Revise the Number of Copies of Certain Uniform Codes Which Must be Maintained by the City Clerk (CD) — File 5-1 x 9-2-39 x 1-6-1 x 9-3-14 4. Resolution of Appreciation to Dawn Barbour, Employee of the Quarter, for Quarter Ending September 2002 (CM) — File 102 x 9-3-31 x 7-4 5. Resolution to Enter Into Lease Renewal Agreements for Two Relocatable Child Care Buildings Between the City of San Rafael and the State Allocation Board and Authorizing the City Manager to Sign Said Lease Agreements (CS) — File 4-7-21 x 4-7-31 x 9-3-65 6. Resolutions of Appreciation to the Measure P Committee (Paramedic Tax Measure on the November 5, 2002 Ballot) FD) — File 102 x 9-3-31 x 9-4 RECOMMENDED ACTION Minutes approved as submitted. Approved final adoption of Ordinance No. 1794. RESOLUTION NO. 11211— RESOLUTION OF APPRECIATION TO DAWN BARBOUR, EMPLOYEE OF THE QUARTER ENDING SEPTEMBER, 2002 RESOLUTION NO. 11212 — RESOLUTION TO ENTER INTO LEASE RENEWAL AGREEMENTS FOR TWO RELOCATABLE CHILD CARE BUILDINGS BETWEEN THE CITY OF SAN RAFAEL AND STATE ALLOCATION BOARD AND AUTHORIZING THE CITY MANAGER TO SIGN SAID LEASE AGREEMENTS (Pickleweed Park and Glenwood Elementary School) RESOLUTION NO. 11213 — RESOLUTION OF APPRECIATION TO CARNEY CAMPION, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11214 — RESOLUTION OF APPRECIATION TO RANDY COLEMAN, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11215 — RESOLUTION OF APPRECIATION TO KATHY DEVLIN, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11216 — RESOLUTION OF APPRECIATION TO DOCTOR RICHARD GEIST, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11217 — RESOLUTION OF APPRECIATION TO IRV GOLDEN, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11218 — RESOLUTION OF APPRECIATION TO MARY ELLEN IRWIN, MEASURE P COMMITTEE MEMBER SRCC Minutes (Regular) 12/16/2002 Page 2 7. Resolution Authorizing Agreement Between Marin County and City of San Rafael for the Marin Literacy Program to Provide Literacy Services in the County Jail (Lib/Cult.Affs) — File 4-13-86 x 9-3-61 8. Resolution Amending Resolution No. 10882 Pertaining to the Compensation and Working Conditions for Unrepresented Management and Mid -Management Employees and Elected City Attorney and City Clerk (MS) — File 7-3 x 7-3-2 x 9-3-14 x 9-3-16 9. Annual Update on Investment Policy (MS) — File 8-18 x 8-9 10. Resolution Authorizing an Agreement with Townsend, Raimundo, Besler & Usher to Perform the City of San Rafael 2003 Public Opinion Survey (MS) — File 4-10-306 SRCC Minutes (Regular) 12/16/2002 Page 3 RESOLUTION NO. 11219 — RESOLUTION OF APPRECIATION TO GREG KNELL, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11220 — RESOLUTION OF APPRECIATION TO PETER MARTIN, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11221 — RESOLUTION OF APPRECIATION TO CYR MILLER, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11222 — RESOLUTION OF APPRECIATION TO DOCTOR STEVE MIZROCH, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11223 — RESOLUTION OF APPRECIATION TO TOM OBLETZ, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11224— RESOLUTION 1224RESOLUTION OF APPRECIATION TO PAUL SLOAN, MEASURE P COMMITTEE MEMBER RESOLUTION NO. 11225— RESOLUTION OF APPRECIATION TO SAN RAFAEL FIREFIGHTERS ASSOCIATION, MEASURE P COMMITTEE RESOLUTION NO. 11226 - RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN FOR THE MARIN LITERACY PROGRAM TO PROVIDE LITERACY SERVICES IN THE MARIN COUNTY JAIL RESOLUTION NO. 11227— RESOLUTION AMENDING RESOLUTION NO. 10882 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT AND MID - MANAGEMENT EMPLOYEES AND ELECTED CITY ATTORNEY AND CITY CLERK (July 1, 2002 through June 30, 2006) Accepted Annual Update on Investment Policy report, as presented. RESOLUTION NO. 11228— RESOLUTION AUTHORIZING AN AGREEMENT WITH TOWNSEND, RAIMUNDO, BESLER & USHER TO PERFORM THE CITY OF SAN RAFAEL 2003 PUBLIC OPINION SURVEY (In an amount not to exceed $25,000) SRCC Minutes (Regular) 12/16/2002 Page 3 SRCC Minutes (Regular) 12/16/2002 Page 4 12. Resolution Authorizing the Closure of All of Albert RESOLUTION NO. 11229 — Park Lane on Saturday, December 21, 2002 from RESOLUTION AUTHORIZING THE 4:00 — 6:00 p.m., for Candlelight Procession for TEMPORARY CLOSURE OF ALBERT Peace (PD) — File 11-19 PARK LANE FOR THE PUBLIC ASSEMBLY OF PARADE PARTICIPANTS ON DECEMBER 21, 2002 13. Report on Bid Opening and Resolution Awarding RESOLUTION NO. 11230 — Contract to Michael Paul Company, Inc. re RESOLUTION AWARDING Peacock Gap Storm Water Pump Station CONTRACT FOR PEACOCK GAP Rehabilitation, Project No. 10736 (Bid Opening STORM WATER PUMP STATION Held on Tuesday, December 3, 2002) (PW) — REHABILITATION TO MICHAEL File 4-1-555 x 9-3-40 x 4-4-6b PAUL COMPANY, INC. IN THE AMOUNT OF $589,848.00 (lowest responsible bidder.) 14. Report on Bid Opening and Resolution Awarding RESOLUTION NO. 11231 — Contract to Rose Construction re San Rafael RESOLUTION AWARDING Community Center Lobby & Reception Remodel CONTRACT FOR SAN RAFAEL - Rebid, Project No. 10718 (Bid Opening Held on COMMUNITY CENTER LOBBY AND Thursday, December 5, 2002) (PW) — RECEPTION REMODEL- REBID TO File 4-1-554 x 9-3-65 ROSE CONSTRUCTION IN THE AMOUNT OF $97,692.00 AND ALLOCATING AN ADDITIONAL $20,000.00 TO THE PROJECT BUDGET FROM THE GENERAL FUND ADA ACCOUNT (lowest responsible bidder.) 15. Resolution Authorizing the Mayor to Execute an RESOLUTION NO. 11232 — Agreement Between the City of San Rafael and RESOLUTION AUTHORIZING THE Ray Hoffman III Regarding Future Annexation of MAYOR TO SIGN AN AGREEMENT Real Property, 50 Fairway Drive, APN 16-021-14, BETWEEN THE CITY OF SAN to the City of San Rafael (PW) — RAFAEL AND RAY HOFFMAN III File 5-2-107 x 12-7 REGARDING FUTURE PROCEEDINGS FOR ANNEXATION OF REAL PROPERTY, LANDS OF HOFFMAN, 50 FAIRWAY DRIVE, APN 16-021-14, TO THE CITY OF SAN RAFAEL 16. Resolution Authorizing the Director of Public RESOLUTION NO. 11233 — Works or the Assistant Director of Public Works RESOLUTION AUTHORIZING THE to Execute Individual "Program Supplement" DIRECTOR OF PUBLIC WORKS OR Agreements for all State -Aid Projects (PW) — THE ASSISTANT DIRECTOR OF File 11-16 x 171 x 9-3-40 PUBLIC WORKS TO EXECUTE INDIVIDUAL "PROGRAM SUPPLEMENT" AGREEMENTS FOR ALL STATE -AID PROJECTS 17. Resolution Approving Parcel Map of the RESOLUTION NO. 11234 — Subdivision Entitled "Parcel Map of 2350 Kerner RESOLUTION APPROVING A Boulevard Lands of Barbara Fasken 1995 Trust" PARCEL MAP ENTITLED "PARCEL and Authorizing City Clerk to Sign Same (PW) — MAP OF 2350 KERNER BOULEVARD File 5-1-346 LANDS OF BARBARA FASKEN 1995 TRUST" (APN's 009-291-10, 30, 32, 34 & 009-291-7, 8, 9, 47) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the Consent Calendar for discussion: 11. RESOLUTION APPROVING FORM OF EXAMINATION FOR MASSAGE AND/OR BODYWORK PRACTITIONERS PURSUANT TO SAN RAFAEL MUNICIPAL CODE SECTION 8.34 (PD) — FILE 9-10-3 x 9-3-30 SRCC Minutes (Regular) 12/16/2002 Page 4 SRCC Minutes (Regular) 12/16/2002 Page 5 With regard to the test and the intention to administer it in six different languages, Erin Klingele inquired whether the questions and answers would be provided in all six languages. Responding, Lynne Ohlson, Police Department Management Analyst, indicated the translations of the questions would be available in six languages; however, the answers had not been prepared and would take somewhat longer. Ms. Klingele inquired whether the answers would be provided for those who intended to study for the test. Lieutenant Kelly stated it was not planned to provide the answers; however, being a public document, the opportunity of reviewing the questions would be afforded. He explained the reason for the test was to ensure people were educated, had a minimum of 100 hours training and were in a position to answer the questions. Ms. Klingele inquired whether Council would consider providing the answers, for verification purposes. She used the analogy of the DMV (Department of Motor Vehicles) where there is a pool of potential questions and answers to draw from. Understanding her analogy, Mayor Boro stated the difference was that in this case, those being tested supposedly had received substantial training in this field and this was some verification of that fact. He suggested that to have truly studied for 100 hours, nothing new or different would be evident in the test questions. Councilmember Cohen inquired whether the attachment to the staff report was, in fact, the proposed test, to which Lieutenant Kelly responded affirmatively. Councilmember Cohen pointed out that this was a multiple-choice test and public information. He believed it reasonable to make the test available in advance. Regarding the test, Lieutenant Kelly reported having met with the bodyworker committee on December 5, 2002 at a noticed public meeting. He indicated that 190 business owners and practitioners were invited to the meeting and each question was individually considered to ensure correct wording and correct answers. Ms. Klingele inquired as to the availability of the public record and Mayor Boro confirmed it was part of the agenda this evening and would be part of the minutes. He confirmed this included the questions and multiple answers. Ms. Klingele stated it was her understanding the test was to be given twice per year; however, Ms. Ohlson indicated this was not correct and explained it would be administered individually to each applicant. On the language issue, Lieutenant Kelly stated the test would be translated into the most common languages used. He explained that the Police Department subscribes to the AT&T Language Line which provides for over 7,000 languages; therefore, should the preferred language not be included, this service would be used to accommodate the applicant's primary language. As the test would be administered on an individual basis, Lieutenant Kelly explained it would be easy to use the Language Line. Pointing out there were approximately 100 questions with multiple-choice answers, Councilmember Heller stated that the applicant would only be required to answer six from one section and four from another, for a total of ten questions. Councilmember Miller moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 11235 - RESOLUTION APPROVING FORM OF EXAMINATION FOR MASSAGE AND/OR BODYWORK PRACTITIONERS PURSUANT TO SAN RAFAEL MUNICIPAL CODE SECTION 8.34.060 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATIONS: 19. PRESENTATION OF RESOLUTION OF APPRECIATION TO DAWN BARBOUR, EMPLOYEE OF THE QUARTER FOR QUARTER ENDING SEPTEMBER 2002 (CM) — FILE 102 x 9-3-31 x 7-4 SRCC Minutes (Regular) 12/16/2002 Page 5 SRCC Minutes (Regular) 12/16/2002 Page 6 For the benefit of audience, Mayor Boro explained that each quarter, a committee of City employees selects an Employee of the Quarter. He reported that a small ceremony was held at City Hall for City staff to acknowledge Dawn Barbour as the recipient of the Employee of the Quarter award for the third quarter of 2002, at which time she was presented with a $100 bill, and this evening she would receive a Resolution of Appreciation. Mayor Boro stated that Dawn, along with three other individuals, would compete for "Employee of the Year" in April, 2003, and that individual would receive five $100 bills. Mayor Boro explained that Dawn has been a member of the Fire Department since 1999, working in the Fire Prevention Bureau as an Administrative Assistant, also assisting the Dispatchers and being a member of the City's USAR team. He stated the Resolution of Appreciation addressed the many things Dawn had done, noting her pleasant cooperative spirit, which was a major asset to the Fire Department. In listening to City employees' acknowledgements of Dawn, Mayor Boro stated the fact came across that she goes way beyond the norm, working many times after hours and especially, working with volunteers in the different programs. This, he indicated, had certainly been recognized, not only by the Fire Department, rather also the public and City employees. On behalf of all, Mayor Boro congratulated Dawn. Dawn Barbour expressed appreciation, stating she was honored to work with so many wonderful people. 20. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO THE MEASURE P COMMITTEE (PARAMEDIC TAX MEASURE ON THE NOVEMBER 5, 2002 BALLOT): (FD) — FILE 102 x 9-3-31 x 9-4 Mayor Boro stated this group of people worked on the Measure P campaign, explaining Measure P was the Paramedic Tax passed recently by over 76% of the voters, noting getting more than a two-thirds vote was extremely difficult these days. He reported that these men and women worked very long and hard over many months to come out with a very successful ballot measure. Mayor Boro invited the recipients to the podium, noting all of the committee, with the exception of Kathy Devlin, Randy Coleman, Greg Knell and Pete Martin, were present. Confirming that Doctor Geist was the co-chair with Pete Martin, on behalf of the Council and citizens, Mayor Boro thanked him for his hard work and dedication, noting it was not just a matter of organization, rather also going out to raise money and inform voters in order to conduct a campaign, the results of which were outstanding. Expressing appreciation and noting that each included a citation, Mayor Boro presented the Resolutions of Appreciation to the following: Carney Campion, Dr. Richard Geist, Iry Golden, Mary Ellen Irwin, Cyr Miller, Dr. Steve Mizroch, Tom Obletz, Paul Sloan, and Ken Martin on behalf of the San Rafael Firefighters Association. Councilmember Miller stated this was a working, thinking committee with a lot of heart, who got the job done and won. He thanked all concerned. At this point the City Council adjourned to the lobby for a brief celebration with cake and coffee. Mayor Boro reconvened the meeting. The following item was removed from the Consent Calendar for discussion: 18. ACCEPTANCE OF THE ANNUAL REPORT INCLUDING A BLIGHT PROGRESS AND AGENCY -OWNED PROPERTY REPORTS AND FINANCIAL AUDIT AND THE AFFORDABLE HOUSING REPORT FROM THE SAN RAFAEL REDEVELOPMENT AGENCY (RA) — FILE 8-18 x 8-9 x 13-16 x 13-7-1 x (SRRA) R-62 Economic Development Coordinator Stephanie Lovette stated that the Annual Housing Report addressing the affordable housing activities of the Agency is required to be provided to the State Controller's office. She indicated it also affords the opportunity to look back at all of the other affordable housing activities carried out throughout the year (Exhibit B of the staff report), and covers all the programs the City of San Rafael has in terms of affordable housing. Reporting 1,274 affordable units spread throughout the City, Ms. Lovette stated the Inclusionary Housing Program (H-19 — Below Market Rate Housing Program) is the largest program. SRCC Minutes (Regular) 12/16/2002 Page 6 SRCC Minutes (Regular) 12/16/2002 Page 7 Assistance is also provided to low-income persons who are attempting to purchase homes within the City of San Rafael and units at risk of going to market rate are preserved. She explained that San Rafael Commons was just purchased by Bridge Housing and those units would remain affordable. Ms. Lovette stated that grants are provided to non-profit housing organizations, such as Homeward Bound and CCA (Canal Community Alliance) to acquire housing and maintain those units affordable. Staff also works with the County on the Community Development Block Grant Program. She referred to the Canal Housing Improvement Program where with Bridge Housing, 55 Fairfax was acquired in the last year and 162 Belvedere was completed, the tenants moved out, the buildings were completely rehabilitated and the tenants moved back in. Reporting that the final program for affordable housing activities is the FRPO (Fair Rental Practices Owner) program, Ms. Lovette stated specific information on this program was supplied as Exhibit C. She stated that currently, there are 3,575 units in 247 buildings with four or more units that have signed on to FRPO. This, she indicated, represents 55% of the units and 57% of the buildings, and between September 2002 and December 2002, an additional 30 units were added in two buildings. Ms. Lovette reported that Mediation Services, with whom the City has contracted to assist in tracking the calls on this program and other rental issues in San Rafael, received 53 calls from tenants in the last quarter and ten from property owners. She indicated that 12 of the calls involved FRPO properties; however, none concerned rental increases; most related to living conditions or lease issues. Addressing a rental increase with improper notice and charging the tenants for parking at 21 Marian Court, which was brought to Council's attention at the September, 2002 meeting, Ms. Lovette stated that a letter from Michael Burke, Frank Howard Allen Realtors, from the FRPO organization, was included in the report, which indicated what happened with Marian Court and the subsequent resolution. She explained that the FRPO organization met with the property owner on December 5, 2002, and while they have raised the rent, they were not in violation of FRPO as the increase was under 10%. She stated they originally did not furnish a 60 -day notice as required under FRPO; however, subsequently, returned and did so. With regard to parking, Ms. Lovette stated they did specifically inform the FRPO organization that each unit was assigned a parking space and any tenant who required additional spaces, would be charged for those. She indicated her belief that this was fairly common throughout the community, i.e., tenants are charged for the second or third space. Ms. Lovette reported that Council also requested some information on rents in the Canal and in this connection staff updated the rental survey carried out in 2000. Additional information was received from Michael Burke; however, this, unfortunately, was not broken down by neighborhoods. She reported that rents in the Canal appeared to be continuing to rise, although the remainder of the City appeared to have either leveled off or was going down. This, she stated, made some sense, explaining that when the rental survey was carried out in 2000, it was found that the Class A, or newer properties' rents, rose much faster and the Class C properties, i.e., most of the older properties in the Canal, had lower rents to begin with and seemed to be lagging the Class A properties in terms of rental increases. Ms. Lovette reported the Class A properties were now leveling off or going down and Class C appeared to be still increasing. Regarding the document from Mediation Services and the item concerning cockroaches, Councilmember Cohen requested an explanation as to why Code Enforcement referred this matter to FRPO. Ms. Lovette stated the tenant is always given the telephone number of the San Rafael Tenants' Union and is also given the option of having the FRPO organization called to speak directly to their landlord concerning property management and property maintenance. Councilmember Cohen confirmed with Ms. Lovette that the tenants were not required to go to FRPO to pursue code enforcement issues, as this appeared to be a Code Enforcement matter. Meq Bruselara, Terra Linda tenant, stated she was a member of the Marin Tenants' Union and had been waiting thirty years for such an organization. She indicated that although a professional person, she had always been at the mercy of landlords. She explained that when her son was younger, the property management people on finding him home alone at age twelve at 4:00 p.m., would threaten to place him in foster care, and on complaining she was informed she could live elsewhere. She reported having had similar experiences throughout her life in San Rafael. Ms. Bruselara stated that FRPO was never enforceable, rather it was a voluntary agreement. Indicating that voluntary agreements were not worth the paper they were written on, Ms. Bruselara stated she wished to inform Council of her resentment of the fact that this body had declared FRPO a success, unilaterally, without asking any tenants, any member of the tenants' SRCC Minutes (Regular) 12/16/2002 Page 7 SRCC Minutes (Regular) 12/16/2002 Page 8 organization, or anyone who rents in this City or County. She indicated that FRPO was not a success, explaining that firstly, insufficient research was done on whether landlords who had signed on were actually agreeing to the voluntary agreement. She noted that a lot of the landlords did not post signs or comply with their agreement, and there were no consequences for this or no knowledge from this body as to whether these things were occurring or not. Ms. Bruselara stated there were a lot of renters in San Rafael and the fact that the City had unilaterally agreed with landlords only that this agreement was a success had antagonized the renters. She indicated they would now be far more organized in their efforts than heretofore and were angry that this was declared a success without consulting parties to it, other than the landlords. She stated the tenants' union was growing and getting stronger. Jeannette Lyons, renter, concurred with the previous speaker. She indicated that having joined the tenants' union approximately a year and a half ago she considered FRPO to have potential; however, seeing it now, she believed it to be a farce. She believed nothing had changed regarding rents; however, the economy had declined. She noted that small businesses and volunteer agencies were also going under as they could not afford the rent. Meg Bruselara stated that rents had leveled off and the market for renters was somewhat better; however, she indicated this was not because of FRPO, rather because of the market and economy itself. Through a translator, Horacio Enriques stated that the tenants at 21 Marin Court were making this petition given the lack of respect towards them. Furthermore, the rents were very high and the apartments in very bad condition. He explained that the windows inside were bad: drywall rotting endangering children, damaged carpets, leaking water heaters, lack of insulation, mold. He indicated there was a problem with cockroaches and the pool was filled with sand containing nails and waste from construction, stating his daughter had been cut. Mr. Enriques stated there was no communication with the manager and when he did answer calls, he treated the tenants badly. Mr. Enriques reported that although he had already been given 60 -days notice regarding the rent increase, this was a lot of money to pay given the condition of the apartment. Mr. Enriques stated the tenants were not aware this building was part of the voluntary agreement, never having been notified. Through a translator, Delma Martinez, San Rafael resident and member of the Tenants' Union reported she had been attending Council meetings for the past eighteen months bringing tenants' concerns. She stated the voluntary agreement had failed to meet what was promised and the City of San Rafael had not taken their concerns seriously, which was saddening. Ms. Martinez stated they would appreciate solutions being created that would work to address the problems they faced as tenants. Dorothy Vesecky, 400 Canal Street, San Rafael, began by addressing the issue of parking spaces. She indicated her assumption that this building had one and two-bedroom apartments and stated that the number of parking spaces required in constructing an apartment building is based on the size of the apartment, and to infer that one space is free and the other requires payment is not in keeping with the spirit of requirements of parking spaces for apartment buildings. She stated buildings cannot be constructed without parking spaces that go with the apartment, and should this be commonly done in San Rafael, it should cease. She stated her neighborhood has a big enough problem with the lack of parking and if her landlord charged her for a parking space, she would park on the street; by paying rent, parking comes with the apartment. With regard to FRPO, Ms. Vesecky stated it was never meant to include the tenants. She reported that the tenants petitioned the City Council and the City of San Rafael to address the issues of rising rents and bad housing conditions. Pursuant to much discussion, she stated the City was considering some small steps in creating new ordinances to help protect tenants; however, subsequently, the landlords and the City had met and the landlords had a wonderful idea about a voluntary agreement, ordinances were put aside and the tenants were informed and invited to a meeting after FRPO had been agreed upon. Ms. Vesecky stated that the singular, important issue tenants brought into that meeting was that landlords simply sign an addendum to the rental agreement with their tenants putting this in writing. This, she indicated, was too much to ask and did not auger well for their sincerity. Stating that 10% was a ludicrous ceiling, she indicated she was not aware of anyone, in this economy, receiving a 10% increase in salary. Ms. Vesecky stated she did not intend to spend any more time dealing with FRPO, noting it had been a wonderful PR move on the part of the landlords and gave an appearance to the general public that something was being done. She stated that when the economy begins to boom again, the landlords would raise rents as much as they wished. She stated they would only maintain buildings if they are constantly policed. SRCC Minutes (Regular) 12/16/2002 Page 8 SRCC Minutes (Regular) 12/16/2002 Page 9 Ms. Vesecky stated there are good and bad landlords and lots who are not even aware of the conditions of their buildings, rather merely receive a financial report on their investments. She stated that FRPO was not a success. Jessuina Perez Teran, Tenant Organizer, Legal Aid of Marin, stated it was important to give credit where it was due. Firstly, she expressed gratitude that the City of San Rafael had hired additional staff for the Code Enforcement department and articulated the hope that they continue doing a thorough job with inspections, enforcing the code as mandated by law. Ms. Perez Teran reported that on October 7, 2002, the San Rafael City Council, together with landlords' representatives, declared the voluntary agreement, FRPO, a success. English being her second language, she thought that perhaps she had not understood the true meaning of success and having checked the American Heritage Dictionary found success defined as "the achievement of something desired, planned or attempted." Further reflecting on the words of the City Council, she arrived at the conclusion that if this was a joke, it was a poor one, and if it was meant, it was sad that success could be deemed to be an agreement that was not worth the paper it was written on. From the tenant's point of view, Ms. Perez Teran stated the voluntary agreement was a failure as it did not live up to its promises. Explaining, she stated that landlords did not properly notify tenants of having signed the agreement, nor did they post a sign in their buildings. She noted that when tenants living in buildings where owners had signed the FRPO agreement came to the City Council stating that rents had been increased more than 10% and more than once per year, nothing was done. In a staff report to Council on one occasion, she indicated that City staff had stated those allegations could not be confirmed. Ms. Perez Teran stated those comments beg the question of what City staff did to confirm such a statement, inquiring whether they spoke with the tenants or merely took the word of the landlords or their representatives as "gospel." Ms. Perez Teran stated the voluntary agreement was a success to the extent that landlords did not have to deal with any City ordinance to make them more responsible business people. She stated that FRPO was an attempt to solve a problem; however, fell miserably short of achieving anything meaningful. She noted it was strategically brilliant on the part of the landlords and the City of San Rafael in that landlords only had to sign a meaningless piece of paper, making promises they were not obliged to keep and the City did not have to enforce. Stating that the City Council did not set the goal of 50% of rental units to be signed on to the FRPO agreement in any public meeting, she indicated it appeared this goal was conveniently set behind closed doors with the landlords. She recalled her previous statement and being encouraged by the fact that Mayor Boro in one of the meetings stated that for this agreement to be successful, it would need to be way over 50%; therefore, they knew the goal had never been set and going behind closed doors and pretending the goal was 50% was insulting to them. In addition, Ms. Perez Teran stated that Councilmember Phillips at one meeting repeatedly inquired as to the goal; however, she reiterated it was never set in a public meeting. In reviewing public records, Ms. Perez Teran indicated there were not even notes on a meeting, rather a single piece of lavender paper with a 50% goal scribbled and appeared more like an outline of a report being prepared for the City Council and not notes from a meeting where this goal was set. She stated there were no dates or names of anyone who might have taken part in such discussions. Ms. Perez Teran stated that to infer the voluntary agreement had exceeded the goal by signing 56% of buildings and 53% of rental units is impressive to those who had not been following the agreement closely and had put the City of San Rafael and the landlords in a good light. She noted that the City and landlords together could claim that lack of complaints was indicative that the housing crisis was over and the voluntary agreement was working; however, it should be kept in mind that tenants were never properly notified and many still were unaware that such an agreement was ever signed. As far as tenants were concerned, Ms. Perez Teran stated the voluntary agreement did not exist, except in some people's imaginations. She indicated they would no longer attend meetings where the agreement was being discussed, as tenants concerns had not been taken seriously. She stated they intended to return to the City Council to discuss housing issues independent of the voluntary agreement. She closed with a quote from Albert Einstein that she deemed appropriate at this time "The significant problems we face cannot be solved by the same level of thinking that created them." Mayor Boro indicated his awareness that the parking requirements were based generally on the number of rooms in units, not merely units, and he suggested that further research could be carried out regarding practice and expectations when parking is allocated in these units, i.e., SRCC Minutes (Regular) 12/16/2002 Page 9 SRCC Minutes (Regular) 12/16/2002 Page 10 was it the intention to have multiple parking spaces for a two-bedroom unit, etc. Economic Development Director Nancy Mackle indicated she did not know the exact square footage; however, parking did depend on the size of the unit and at a certain square footage or number of bedrooms, more spaces per unit were required. She stated the zoning ordinance does not address charging for those spaces, rather indicates they shall be provided; therefore, whether the charge is through rent or a parking fee, the ordinances do not control what the rent shall be in either case. Mayor Boro suggested this could be pursued as should the expectation be that parking was provided, it should come with the unit. To ascertain the practice and what is generally accepted in the industry, he indicated he would be interested in learning what usually happens throughout the City when a tenant has more than one car and lives in a two-bedroom or more unit. Responding to Mayor Boro's question regarding the unsafe conditions at Marian Court, Economic Development Director Nancy Mackle stated that this had been reported to Code Enforcement and was on their schedule. She indicated it was a recent complaint and Lynda Ferris could answer specific questions. Mayor Boro expressed gratitude that at least one of the speakers acknowledged the increase in Code Enforcement staff, and he indicated this was one area where the City was enforcing standards and public safety, and would continue to do so. Confirming a total complement of five, plus Code Enforcement Manager Lynda Ferris, Mayor Boro stated this organization had been more than doubled and whether it was the result of FRPO or Council policy, public safety and public health were being very aggressively pursued in these units, and would be continued, not only in the Canal but throughout the entire City of San Rafael. With regard to Code Enforcement, Councilmember Heller indicated she was not entirely clear as to how many times an apartment was inspected. City Manager Gould stated staff was to a level to attempt to cover every apartment once every three years, although certain apartments were inspected more frequently. Lynda Ferris, Code Enforcement Manager, concurred, indicating inspections occur from between one to three years, depending on whether ongoing complaints were received. With regard to Marian Court, she reported this was the second inspection within two years and the recent request for an inspection was scheduled for the first part of January, 2003. Mayor Boro requested that Lynda Ferris remind Council and explain to the public what had been done with respect to enforcement and citations and how this is followed through. Ms. Ferris reported staff was really aggressive with this, having gone through over 24 apartment buildings so far this year. She indicated that the staff presently on board would be going through all apartment buildings. Responding to Mayor Boro's remark on administrative hearings, how the property owners are held accountable and the fines assessed, Ms. Ferris stated that if the corrections are not completed within an estimated time, fines and penalties are issued and are held to a high standard with the Administrative Hearing Officer. Should assessed fines not be paid, a lien would be placed on the property. City Manager Rod Gould added that this process is far swifter than going through the court system. Councilmember Heller concurred. On the question of rent increases identified in the staff report, Councilmember Cohen referred to the last paragraph, first page, Exhibit C, which stated that the information obtained indicated rents in the Class C buildings had continued to increase, although Class A and B rents appeared to have stopped increasing, and in some cases, particularly in the Class A buildings, had decreased. He stated the report goes on to state that this is consistent with earlier surveys, because rents in Class A buildings increased before those in Class C buildings. He inquired whether it was staff's assumption that the Class C buildings lag the Class A buildings and then as rents come down in the Class A buildings, they would also come down in the Class C buildings. Responding, Economic Development Coordinator Stephanie Lovette stated that was a good question. Councilmember Cohen stated this assumption could not really be made, indicating that the data indicated there still was upward pressure on rents at the low end of the market. He stated staff should continue to monitor this. Should it be true that rents at the high end of the market had softened from an outrageous figure, for most of those who attend to address these issues, it appeared that rents were continuing to increase, despite the softening of the market. While the rate of increase might not be as before, increases continue, and Councilmember Cohen stated the fact that the problem was not going away should be kept in mind. He stated the softening economy was probably making it tougher for people to absorb those increases. SRCC Minutes (Regular) 12/16/2002 Page 10 SRCC Minutes (Regular) 12/16/2002 Page 11 Councilmember Cohen stated the point concerning parking is a good one and needed to be pursued. While appreciating the work done by Mr. Burke in going to talk with the apartment owners and explaining the policy, he stated that if there is a policy that states two parking spaces should be provided for a two-bedroom unit, that is because of the rational belief that someone renting a two-bedroom apartment would probably have two vehicles and need two spaces. If a policy had been adopted now whereby the first space was free and the second incurred a charge, Councilmember Cohen stated this was a hidden rent increase. He stated this should be factored in as not being consistent with the intent of the Fair Rental Practices agreement. It was an additional rent charged on a two-bedroom apartment and needed to be recognized as such, and should it be taken out of the 10% rent increase, the voluntary pledge was not being kept. Councilmember Cohen stated this should be acknowledged and not deemed reasonable as they were only charging for the first space. He stated that if the policy was that a two-bedroom apartment should have two parking spaces, this should be factored into the rent or recognized as rent, whether called a parking charge or not. He stated it should be called what it is, not deeming it a parking fee with nothing to do with whether or not the rental agreement was being complied with. Commenting that he had verbalized this each time it was discussed, Councilmember Cohen stated somehow the posting issue had to be resolved if FRPO was ever considered to be a success. He stated it would have to be because the tenants knew which apartments voluntarily agreed to comply with these standards and knew when they were being violated. While having no brilliant answers, he stated this issue continued to disappoint him. He acknowledged Mr. Burke now assumed the role of Mr. Aramburu and stated this was not directed at him as he realized Mr. Burke had been making an effort to have the property owners work with the City on this; however, he needed to express his frustration with some of the shortcomings of this effort. On the 50% goal issue, Councilmember Cohen recalled an apartment owner in the Canal's statement, which was "we've got the good ones." He stated that Dorothy Vesecky had indicated there were good apartment owners trying to do the right thing, and those attempting to do the right thing were those who voluntarily signed this agreement and complied with it. Should 50% be all that was obtained, this was a pretty sad testament of the ratio between good apartment owners and others. Councilmember Cohen believed that if that goal had been met, then it was time to set it higher. While having no magic answers, he stated the impact on people in the community should be recognized and pressure should continue to be applied to figure out a resolution. Clarifying the one specific parking fee complaint from Marian Court, Economic Development Director Nancy Mackle stated that from a staff perspective, this $100 fee was perceived to be a rent increase, whether charged for rent or otherwise; however, with the rent being $1,300, this was within the 10% and, therefore, not considered a FRPO violation, with the exception of the noticing. Councilmember Cohen stated a letter was included with the staff report indicating a rent increase, and then referencing parking; therefore, it appeared there was a rent increase and now a parking charge that was not there before. To calculate the rent increase, Councilmember Cohen stated that in his view the rent increase and new parking charge would need to be added and the total figured out as a percentage to establish whether or not it was 10%. Agreeing with the calculation, Ms. Mackle stated it was staff's understanding there was just one increase; however, they would double check. She agreed that either way, it was an increase. Councilmember Cohen stated the language in the letter from Mr. Burke indicated the rent increases were under 10%, varying in amounts from $50 to $125 per month. The bottom of the letter indicated that additional spaces were available for $100. Councilmember Cohen stated this was a policy not previously in place for someone who had two parking places allocated and they were now being informed that to retain the second, it would be necessary to pay a further $100 increase over and above the $50 - $125. He stated that in most cases, this probably would amount to more than 10%. Should this be what is transpiring, he requested it be pursued further. While he did not believe there was a City ordinance indicating landlords could not charge for this parking space, they should be informed that to do so, would be viewed as violating the pledge made. Mayor Boro stated he did not disagree with this and had a basic question on the intent of the ordinance and the City's expectations. To ask for parking and then see it go begging as people would not use it because of charges, resulted in cars being left in the street, indicating the whole intention was to park at the building. With respect to permits issued, Mayor Boro stated it should be made clear that the appropriate parking was included and was part of the rent. Someone in a one -bedroom unit requiring two spaces perhaps should pay extra for the second space; however, should parking be intended for multiple space units, this should be included as part of the rent. He requested that staff evaluate the intent of the ordinance and ascertain generally how it was being carried out throughout the City. Economic Development Director Nancy Mackle indicated staff would work with the Community SRCC Minutes (Regular) 12/16/2002 Page 11 SRCC Minutes (Regular) 12/16/2002 Page 12 Development Director and City Attorney's Office on this issue. Code Enforcement Manager Lynda Ferris reported that when staff inspects a building and an issue such as this is brought to their attention, Code Enforcement ensures that whatever parking was set up with the building standards is provided to tenants. She reported having dealt recently with a similar situation at 1203 Lincoln Avenue where the garages were being used for the owner's personal use. She indicated the owner was required to vacate those garages and make them accessible to all the tenants without raising the rents. Mayor Boro expressed his appreciation for this, indicating the whole issue needed clarification. Councilmember Miller stated the credibility of the program for tenants rested with the posting, which was something they negotiated and were promised by the landlords at the time. He stated that to have an agreement no one was aware of did not ring true; therefore, this issue should be revisited. With regard to the history and results, Councilmember Phillips stated FRPO had been in place for a period of time and by now a trend should be evident. He stated that either intuitively or through reports, Council had been lead to believe that FRPO had impacted rent increases and he was curious as to whether this was the case. For this approximately 50%, based on the survey, he inquired whether there was any indication they had increased their rent more or less than the other 50%. Economic Development Director Nancy Mackle indicated staff was not in a position to respond to this question as not enough samplings were conducted in the rental survey to specify how FRPO rents had gone versus others. She stated that the FRPO reports available were based on complaints. She explained that Mediation Services was set up to take as many calls as possible and letters were sent to tenants at that time informing them of this service. Ms. Mackle stated that complaints are followed up and a statement made concerning increases of over 10%; however, overall, how FRPO affects rents could not be specified. Councilmember Phillips stated he would be curious to ascertain whether FRPO holds rents more in line. Noting there are good and not so good landlords, Councilmember Phillips inquired as to the history, upon inspection, of FRPO units versus others and whether this program had influenced maintenance. Should there be "bad tenants" who just happen to be non FRPO, he stated that perhaps the attention should be focused more on the latter group, if, in fact, there was reason to believe they were not as attentive to their apartments as the other group, not necessarily a direct correlation, rather influenced by. Councilmember Phillips stated he would be interested in that feature in terms of concluding whether or not the program had been successful, hence rents and quality of maintenance were two considerations to him, and he believed there probably was information available to provide feedback on both of these. Ms. Lovette stated that the rental surveys being conducted presently were basically considering the larger buildings and a lot of FRPO program members owned smaller buildings; therefore, the focus had not been on these. From what was available she indicated FRPO and non FRPO members could be ascertained. While he would be interested in other reactions, Councilmember Phillips stated it appeared to him this would be a measure of success. With regard to the repair issue, he inquired whether FRPO members were more responsible or not, although there was not necessarily a direct correlation. Code Enforcement Manager Lynda Ferris reported a definite difference in working with some of the FRPO members in that they responded more quickly and made repairs faster. She indicated she could tell the difference between both groups. Councilmember Phillips stated it therefore, could be fair to conclude that some attention should be focused to a higher degree on the non FRPO group if, in fact, that is where more of the problem rested. Concurring on this point, Mayor Boro suggested that since comments had been made concerning the success or lack thereof of FRPO, quantifying the FRPO units' inspections and results and comparing them with the total units, would be helpful in demonstrating a difference. He noted complaints are dealt with and there are annual or tri -annual inspections; however, should there be a difference, it should be called out. Code Enforcement Manager Lynda Ferris reported the department would be totally up to staff on January 9, 2003, at which point more of a systematic inspection program would be conducted; therefore, more statistics would be available to work from. Returning to comments on success or lack thereof, Mayor Boro suggested that perhaps what Council considered the success of this program could be discussed at a future meeting, whether it be the number of units, the number of complaints, the amount of increase, the number of postings, or all of these. With different dimensions, he stated some idea of the expectations of Council, the community and property owners should be reached, and while he SRCC Minutes (Regular) 12/16/2002 Page 12 SRCC Minutes (Regular) 12/16/2002 Page 13 doubted ever achieving the full agreement of all three bodies, he believed there should be some agreement at least among Councilmembers as to what success or leading toward success is deemed to be. Agreeing that complaints of themselves were not a measurement as far as rental increases were concerned, Mayor Boro stated the fact that the average resident of San Rafael, being aware of FRPO and the 10% ceiling, would complain should rents be increased beyond this figure. A further contributing factor was the present down market; however, at some point it would be necessary to evaluate whether the program was working. City Manager Gould stated that how the success or failure of this program was measured depended on its objectives, and if the objective was to legislate a ceiling on rent increases in San Rafael that would be enforceable and have the force of law, then FRPO failed as it is not rent control and he did not believe it ever was intended to be rent control. As had been stated, it was offered up by a number of the property owners as an effort through peer pressure to somewhat moderate rent increases in San Rafael. He stated the City Council directed that the City engage a non-profit organization to solicit complaints from all apartments, whether or not they were a signatory to the Fair Rental Practice agreement or not, in an effort to obtain more feedback. Mr. Gould stated this was offering some of the property owners a chance to do what they could on a voluntary basis to moderate rent increases. Directing his response to Councilmember Phillips, Mr. Gould stated the degree of success would never be known as there were too many factors involved and it was not possible to peer into the psyche of all the property owners that signed it as to whether or not they meant to raise the rents more, and subsequently, moderated them based on their signature. Regarding the limited success indicators, Mr. Gould recalled having been asked at a Council Meeting that in terms of participation, what success would look like, and he had offered his staff opinion that if over half of the property owners representing over half of the apartments in San Rafael were signatories, it would look like a good faith effort. Mr. Gould stated that the Council never adopted this but it was offered up and discussed many times with the property owners. This, he indicated had been met, and whether or not it was meaningful was for people's judgment. Secondly, once the program was in place, Mr. Gould stated staff was eager to see whether there were more complaints concerning properties not under the agreement than those that were, and this has been proven true. He explained more complaints are received from properties that are not signatories to the Fair Rental Practices Agreement, and the City had sent no less than four letters to various property owners and the tenants informing them of the program in an effort to solicit this type of information. In terms of posting, Mr. Gould stated there had not been anything resembling success and he concurred with those who had pointed this out. As had been indicated, he stated the economy was probably by far the largest influence on rental rates in San Rafael, and this no one controls. Mr. Gould apologized for not being in a position to provide a more statistically relevant picture of what it had done; however, it was necessary to be clear at the outset of what the objectives were, which were far more limited than perhaps people understood. Councilmember Phillips agreed with Mr. Gould's statements; however, indicated he would like to see a little more empirical data to confirm, in his view, whether it was "a success." Whether there was a statistically significant difference in the increase in rents between the two groups would be important to him. Likewise, code violations would be significant and would provide him with some direction with regard to the next step. Should more code violations be perceived in the non-FRPO group, Councilmember Phillips stated the resources should be spent there. Responding to this suggestion, City Manager Gould reported that staff does not wait for complaints to be registered through Mediation Services or FRPO before taking action through Code Enforcement. He indicated they are done through regular inspections; however, they are also carried out based on complaints, many of which are anonymous, and is by far the largest trigger for code enforcement actions in San Rafael, and would continue to be. Confirming this was not his suggestion, Councilmember Phillips stated what he did suggest was that should there be a group with more issues, attention should be focused more on that group. City Manager Gould stated staff could perhaps provide a better statistical understanding of where most time is spent on code enforcement and attempt to cross reference this with the FRPO signatories to answer this question head on. Mayor Boro agreed this would be helpful and City Manager Gould stated it would be done. Councilmember Cohen stated there should be clarity on the meaning if, in fact, it turned out that people who had signed the agreement were less likely to have code violations, got cleaner reports quicker and were more cooperative. He stated it did not mean this was as a result of their having signed the agreement, rather it could just mean that people who were inclined to SRCC Minutes (Regular) 12/16/2002 Page 13 SRCC Minutes (Regular) 12/16/2002 Page 14 agree to the voluntary rent limit were also those who paid attention to maintaining their buildings in decent shape and paid attention to the building code, keeping their buildings in compliance. Councilmember Cohen indicated this did not mean that behavior was as a result of FRPO, rather that those two issues go hand in hand. Returning to posting, he stated that to put out information indicating that not only were increases somewhat limited by FRPO owners, rather there was also empirical evidence demonstrating those buildings tended to be in better shape and were better maintained, was something building owners would favor advertising. Similar to the "Good Housekeeping symbol," when presented with a choice, people would prefer to rent an apartment that displayed that symbol than one that did not, which was another means of providing a gentle prod to go with the program. Thanking all for the great discussion and for their attendance, Mayor Boro stated this recommendation mirrored one taken earlier, noting this issue would return to Council in several months. Councilmember Heller moved and Councilmember Phillips seconded, to accept the report. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None (Fair Rental Practices Owner program report to be issued every six months.) PUBLIC HEARING: 21. Public Hearing — CONSIDERATION OF ORDINANCE TO REGULATE THE USE OF CITY PARKS AND BUILDINGS (CS) — FILE 9-3-66 x 9-3-65 x 13-8 x 9-3-61 x 9-3-85 Community Services Director Carlene McCart stated that tonight's proposal repeals the existing sections of the Municipal Code dealing with park regulations and creates a new chapter for the regulation of City parks and buildings. Ms. McCart reported that the review of the existing ordinance began in the summer of 2001 at the request of the Park and Recreation Commission who were finding issues not addressed in the current sections, and in October, 2001, Assistant City Attorney Gus Guinan drafted for the Park and Recreation Commission a new ordinance that took shape in the form of a chapter. She indicated the Commission met and reviewed the document at several meetings and finally approved the changes in September, 2002. Reporting that the new ordinance accomplishes several things, Ms. McCart explained it is a chapter that comes into compliance with the other Municipal Codes as it relates to, for instance, noise and other shared issues. She indicated it is a clear set of expectations for the use of parks and user behavior, is a clear outline of procedure, including permit issuance policies, denial and appeal procedures, is an updated listing of facility inventory and a reflection of current use patterns and industry standards. Within the sections of the proposed new ordinance, Ms. McCart stated there is a list of all facilities in the park inventory, including public buildings, the San Rafael City Plaza, the grounds surrounding Falkirk and the Library, they often being used for passive recreation purposes. Ms. McCart stated the ordinance begins with definitions, a standard format that matches the remainder of the Municipal Code. She stated it defines when a permit is required for use of public facilities, outlines that whenever a group of 25 or more intends to meet in a public place, park, recreation facility or building, that a permit is required, also outlining the responsibilities. It also defines the basis on which a permit could be denied and the appeal process; it outlines the hours, now recommended to be sunrise to sunset, when the public is welcome into Park and Recreation facilities, and is a slight change from the current ordinance. As is most typically found in regulations of city parks and buildings, Ms. McCart indicated it included a list of prohibited activities: • Amplified Sound - not permitted without special permission from the City, and tying in with the new Noise Ordinance; • Addresses Large Gatherings and the fact that permission to be in public parks and recreation facilities may be denied should a group be larger than that facility could support or keep safe; SRCC Minutes (Regular) 12/16/2002 Page 14 SRCC Minutes (Regular) 12/16/2002 Page 15 • The addition of prohibition of Camping equipment — the open space ordinance relates to camping, prohibiting it in open space areas. The Police Department requested the inclusion of language indicating that no camping equipment, including tents, stoves, lanterns, sleeping bags, etc., for the purpose of staying for a period of time is allowed in parks; • The wording prohibiting Guns and other weapons was maintained and expanded, including Motorized Boats and Planes, Swimming, Golfing and attention is drawn to the fact that Commercial Activities, sales and services are not allowed in parks. Currently, the sale of merchandise is prohibited; however, there is no prohibition on someone using the park as a venue for private gain; • The ordinance relates to a new state law on Smoking and the fact that by state law, no smoking is permitted within 100 feet of playground equipment; • The ordinance addresses Gambling, Advertising, Lawn Darts and Horse Shoes and has expanded the explanation of misuse of property within parks, including vandalism and misuse of furnishings, etc. Ms. McCart stated the ordinance draws in the animal ordinance to address dogs and pets in parks. She explained this is not a new ordinance, rather relates to the fact that pets need to on leash when in public parks. She indicated there is a new suggested clause pertaining to dog owners being responsible for picking up after their pets and for bringing their own materials to accomplish this. Ms. McCart reported that the new ordinance speaks with extended language to the presence and consumption of alcohol in public parks and also explains how alcohol is allowed through permit and under what circumstances. She indicated the ordinance addresses vehicles, not only motorized, but skateboards and bicycles, which are allowed on paved surfaces only. Ms. McCart added that it gives further authority to the various departments to effect a temporary park closure if, in fact, it is found there is a threat to public welfare or safety, be it in the condition of a park or in a behavior pattern established in a public area. She explained that information is included on enforcement of violations, not included heretofore, and brings Code Enforcement to the authority of department heads for Library and Community Services, Police Department, City Manager, and draws attention to the fact that many parks and recreation facilities have specific rules attached and are applicable in addition to the ordinance. Ms. McCart reported that this proposal had been reviewed by the Community Services Department, staff in the Library, Falkirk and the Police Department and had been approved and recommended by the Park and Recreation Commission. She indicated that staff believes it provides a much improved and much more enforceable equitable set of requirements for the use of parks, buildings and recreation facilities and recommends it be passed to print for second reading on January 6, 2003. Councilmember Miller requested an explanation on Lawn Darts and responding, Assistant City Attorney Guinan explained this was a game involving spikes with which other cities had had problems in that they caused some liability exposure. Mayor Boro noted that separate rules would in the future be put in place for the San Rafael City Plaza that would compliment this ordinance. Secondly, he noted that the baseball field in Albert Park was identified as a recreational facility and requested further explanation on the use of the gardens and Bocce courts, how they are governed and whether the rules were different for alcohol at these two locations. Responding, Ms. McCart stated there were specific rules for the garden which were drawn up to protect the landscaping, primarily; however, most of the rules in the new ordinance applied. Regarding the Bocce courts, she explained this facility has a use permit that allows alcohol as a standing permitted activity, with conditions. Mayor Boro declared the public hearing opened and there being no comment from the audience, closed the public hearing. The title of the ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL REPEALING SECTIONS 2.16.025, 2.16.026, 2.16.027 AND 2.16.028 OF THE SAN RAFAEL MUNICIPAL CODE AND ADDING A NEW CHAPTER 8.10 TO THE SAN RAFAEL MUNICIPAL CODE TO REGULATE THE USE OF CITY PARKS AND BUILDINGS" SRCC Minutes (Regular) 12/16/2002 Page 15 SRCC Minutes (Regular) 12/16/2002 Page 16 Councilmember Cohen moved and Councilmember Phillips seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1795 to print, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NES BUSINESS: 22. ELECTION OF VICE -MAYOR OF THE CITY COUNCIL FOR YEAR 2003 (CITY COUNCIL) FILE 9-1 Councilmember Heller placed in nomination the name of Councilmember Gary Phillips to serve as Vice -Mayor of the City of San Rafael for the year 2003. Councilmember Miller seconded the motion, and Councilmember Phillips was elected Vice -Mayor by acclamation for the year 2003. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Phillips expressed appreciation for the nomination, indicating he would try to follow in his able cohort's steps. CITY MANAGER'S REPORT: 23. In lieu of his report, City Manager Gould invited Dave Bernardi, Public Works Director, to report on his department's activities anticipating the storms of last week, together with the response, and also report on the status of the "Safe Routes to Schools" program. a) Recent Storms in San Rafael: - File 205-D x 9-3-40 Public Works Director Dave Bernardi stated that by way of the Internet, staff was able to connect directly to the NOAA (National Oceanic and Atmospheric Administration) and be in a position to adjust work schedules to allow for responses as the storm fronts came in. He reported that approximately 10'/2 " of rain was received since last Friday and it was decided early on to place crews on an emergency deployment protocol, (term thanks to Frank Prim) which meant splitting the workforce of 40 people into two shifts, each shift working twelve hours to prevent fatiguing of the employees. In this particular case, because of the timing, Mr. Bernardi reported that the shifts commenced at 4:00 a.m. and 4:00 p.m. Mr. Bernardi reported that in this storm most of the damage was attributed to the wind and falling trees damaging wires, and was particularly devastating in that it uprooted some huge trees. He instanced a 4' diameter, 100 -foot tall Eucalyptus tree falling on Oakdale Drive, taking down one of the main transmission lines and approximately 1,000 -feet of 60,000 volt wire. Trees also fell on Fair Drive and four to five other locations, including Shannon Lane and Grand Avenue. Noting that Public Works/Fire Department removed the tree limbs on Shannon Lane, Councilmember Heller inquired whether this is done free of charge by the City in such an event. Responding, Mr. Bernardi explained attempts are made to stabilize the property to remove the immediate danger and enable the resident to remain in the house. If it can be relatively easily carried out, the City does so, subsequently informing the property owner it is then his responsibility. Councilmember Heller stated this was a great service to the community. Mr. Bernardi also explained there were two very large Bay trees, rotten at the base, on Belle Avenue, and while on CALTRANS right-of-way, to remove the immediate problem, staff had a City contractor cut the top third of the trees, ultimately to be taken care of by CALTRANS. Reporting that this morning between 1:30 a.m. and 2:45 a.m., approximately 2 inches of intensive rain fell, Mr. Bernardi stated that Freitas Parkway was closed due to flooding, and in his 33 year tenure with the City, the Freitas Ditch had never gone over. He added that Highway 101 was closed at the location where it crossed under the freeway, as was Lucas Valley Road, as a result of the very intense rainfall. Mr. Bernardi stated it reminded him of 1982 when 16 -inches of rain fell in a little longer period. Reporting that the Bret Harte drainage system worked exactly as designed, he explained that three of the four pumps were running for 45 minutes, translating to approximately 2,800 SRCC Minutes (Regular) 12/16/2002 Page 16 SRCC Minutes (Regular) 12/16/2002 Page 17 gallons per second going out of that station, equivalent to a tanker truck going by every second, 7'/2 Terra Linda Swimming Pools in 45 minutes, or sufficient water for 66 houses for an entire year. Mr. Bernardi expressed satisfaction at how well the system worked and at the City's investment in the infrastructure. Mr. Bernardi reported that approximately 110 calls for service were received and resolved during the past twenty-four hours, indicating that a complete After -Action Report would be submitted to Council in the Friday memo. Councilmember Heller inquired whether any of the cost could be attributed to someone other than the City. Mr. Bernardi stated that fortunately, all of the three slides that occurred were relatively minor in nature and on private property. Assistance was provided to some of these property owners by means of sandbags; however, while offering whatever available assistance in terms of mapping or soils reports, property owners were informed they would have to deal with their neighbors to resolve the situations as best they could. Mayor Boro reported having been informed that the events were covered on Television. Channels 2, 4, 5 and others on Thursday evening with very positive reporting on the Downtown, i.e., people featured eating ice cream in the storm and Public Works staff preparing in the Corporation Yard. He stated that perhaps some type of release could be submitted to the Marin Independent Journal and Newspointer newspapers, using the numbers quoted by Mr. Bernardi. Mayor Boro stated it was important for people to understand what would have happened with this much rain some ten to twelve years ago. Driving across the bridge on Irwin Street towards Fifth Avenue, Councilmember Heller reported she almost stopped her car to observe the satisfactory site of all the water being pumped into the canal. Councilmember Phillips congratulated staff on getting up at 4:00 a.m. to deal with the rains and expressing surprise at the flooding on Freitas Parkway, inquired whether something else was taking place there. Mr. Bernardi stated staff would investigate this as soon as the weather calmed down; however, some of it was attributed to the tide coming in with very heavy 50 mile per hour sustained wind blowing. He explained that wind tends to stack the Bay water, preventing City water from being released into the Bay and although it could have been a combination of factors holding it up momentarily, when the wind died down, the water drained off within twenty minutes. Councilmember Phillips indicated he would be interested in such a report, when available. Councilmember Miller stated it was great to know and see the great work carried out by the Public Works Department, especially on this occasion, and he believed this should be acknowledged. Mayor Boro invited Mr. Bernardi to submit ideas, noting that on a previous occasion, some Councilmembers visited the Corporation Yard to offer thanks. He reiterated that the television coverage was outstanding. Mr. Bernardi reported that Jim Forsythe was featured on all five major channels, and there is a condition in Public Works that anyone who gets on television has to purchase ice cream for the entire group. Councilmember Miller stated it was outstanding, and he noted that all the twinkle lights on Fourth Street remained on. City Manager Rod Gould stated that just as a celebration was sponsored when ground was broken on the new Corporation Yard, as the Public Works Department is about to relocate to the new facility by the end of January, 2003, perhaps a luncheon could be sponsored there to celebrate the hard work. b) Safe Routes to Schools Program: - File 4-3-405 x 11-1 x 11-11 As progress reports are received from the consultant, Nelson\Nygaard, regarding the Safe Routes to Schools Program, Mr. Bernardi stated they are being sent to Councilmembers, the most recent having been sent in the Friday Memo. As pointed out on the second page of the memorandum from Nelson/Nygaard, it contains a statement that San Rafael continues to be a leader in the Safe Routes to Schools movement. He reported that approximately 100 students from Bahia Vista attended a helmet safety course, encouraging participants to become young leaders in the Safe Routes to Schools movement. Mr. Bernardi reported it is really taking fire all over the County, which has become a real national model. He indicated having spoken with someone from the National Transportation and Safety Board in Washington and forwarding information that would be published on a national basis for this program, thus making Marin County and all of the cities shine. Mr. Bernardi explained that a Resource Kit was produced for schools and parent groups interested in becoming involved in the Safe Routes to Schools program. He indicated it contained forms and information on the reason for the program, together with classroom activities, etc. He stated this had become a very good program; however, the ultimate goal SRCC Minutes (Regular) 12/16/2002 Page 17 SRCC Minutes (Regular) 12/16/2002 Page 18 still was removing that 21 % of vehicles off the street and getting children to ride their bikes to school. Mayor Boro indicated his awareness that those in the Bicycle Coalition, especially Debbie Hubsmith, had worked very closely with Congressman Oberstar, champion of this program, noting also that Farhad Mansourian had assisted at the County level. COUNCILMEMBER REPORTS: 24. a) St. Vincent's/Silveira: - File 4-3-400 x 115 (2000) x 10-2 x 13-16 Recalling that staff had been requested to produce some information for Council consideration on the City's options with regard to St. Vincent's/Silveira, Councilmember Cohen stated the timing of this comes at a critical period for the General Plan 2020 update project. He noted movement towards a housing element and attempts to carry out some traffic modeling that would indicate the land use allocations in the updated General Plan. He reported that the City had been working with a series of scenarios, i.e., evaluating the baseline of what exists today, the current General Plan, and running the traffic model against those, together with changing those allocations. Councilmember Cohen reported that subsequent to discussions with Community Development Director Bob Brown and Principal Planner Linda Jackson, the Mapping Committee worked with staff putting together what was deemed "Scenario E" which removed St. Vincent/s/Silveira and any projected units, while still meeting the ABAG (Association of Bay Area Governments) housing targets for 2008 and 2020 within the existing boundaries of the City of San Rafael. Councilmember Cohen stated this was presented at the recent General Plan Steering Committee meeting, and he commented that although Councilmember Miller was in attendance for the presentation, he may have missed some of the action. Councilmember Cohen stated this would be a very "hot" topic which he believed should be part of the Council's discussion regarding what to do with respect to St. Vincent's/Silveira. He reported that e-mails were already circulating in North San Rafael and in terms of the numbers that needed to be allocated, indicated that 200 — 300 units were required, for example, at Northgate Mall just to make the numbers work. With some significant consequences, he believed this discussion was necessary. Councilmember Cohen stated it was important to include in this a discussion of the genesis of the ABAG numbers and the City's ability to challenge these. While he was aware of the success ratio for communities to do this, should the City decide to waive its sphere of influence, he believed consideration could well have to be given to proposing to ABAG that these numbers be changed accordingly. He indicated there was no reality to the infill numbers the City was required to put into the General Plan in order to meet those housing numbers without any development whatsoever at St. Vincent's/Silveira. He commented that the state was setting stricter restrictions and it would be very tough to meet these; therefore, a serious discussion was necessary. Councilmember Cohen believed there would be substantial reaction with respect to this General Plan update and it was important this fact was understood. Mayor Boro agreed this was an excellent point and he was satisfied City Manager Gould, Community Development Director Brown and City Attorney Ragghianti would return this issue to Council. He expressed interest in learning whether in doing their projections, ABAG included St. Vincent's/Silveira. On being informed they did not, he commented that they were expecting the City to do without it. Noting there were a lot of pros and cons to this site, Mayor Boro stated that from his understanding, from the recent election and to some degree, from polling carried out, the people residing closer to that site were those most opposed to the development. This, he stated, was something to be balanced and presently was between a rock and a hard place. City Manager Rod Gould reported that he and Community Development Director Bob Brown met to block out the basic components of the report. He stated that in the analysis of the options, a significant discussion would be included under the option that would have the Council not planning for development at St. Vincent's/Silveira, the ramifications for the housing element and just how difficult it would be to get a state approved housing element and one that met the needs of the communities and was accepted by neighborhoods. He reiterated there would be significant information on this topic in the report. Councilmember Cohen stated that questions had been asked, mostly from members of the public with letters to the editor, etc., and he believed more information should be on the record concerning what those ABAG and HCD (Housing and Community Development) numbers mean and what the obligations were. He added that the big deal should be explained to the public as it was significant. SRCC Minutes (Regular) 12/16/2002 Page 18 SRCC Minutes (Regular) 12/16/2002 Page 19 Councilmember Heller stated she favored getting this information or education component started early on, as not having worked on a General Plan she did not fully understand it, neither did she understand the legal ramifications of saying "No" to the state. She believed this information should also be out in public, hopefully educating the Council and then the remainder of the community. City Manager Gould stated that information, not only of the legal ramifications of not having a state certified housing element under today's law, but also ideas as to where it is believed the law is moving in the next legislative session, would be included in the report. While on this topic, City Manager Gould announced there would be a Special City Council meeting on Monday, January 13, 2003 commencing at 7:30 p.m. to deal with this issue solely. Councilmember Miller stated that when talking about the numbers and the challenge to the state, San Louis Obispo is the City mentioned as having been successful with this challenge, and he would be interested in ascertaining whether this was accurate or not. b) Transportation: - File 170 x 190 x 191 Mayor Boro reported on the Congestion Management Executive Committee meeting of last week, indicating he would furnish Councilmembers with a copy of the condensed version of the report when available. He recalled that over the last six weeks, five Supervisorial meetings were held, one in each district and a card was distributed to each voter in Marin County. A synopsis of the comments from the meetings and cards was generated and Mayor Boro reported that in connection with the cards, interestingly, the normal expected response would be 2%; however, in this instance, the response was approximately 10%, indicating that people were interested. Mayor Boro reported that the County was hiring a professional pollster to summarize and analyze the comments to be presented at a special meeting of the CMA and the Board of Supervisors on January 9, 2003, for discussion and review. Reporting on a discussion regarding a possible election in November, 2003, Mayor Boro stated it addressed the fact that it would be independent of SMART (Sonoma/Marin Area Rail Transit) and would be a smaller measure dealing with local issues. He reported that on January 9, 2003, the entire CMA and Board of Supervisors would see the poll results and initiate dialogue on whether to pursue a ballot measure in November. Mayor Boro stated that Supervisors Kinsey and Murray were committed to doing this, reporting their desire to get to the brink of being ready; however, not necessarily pulling the trigger as the legislature could enact legislation to go on the ballot to see whether it could be reduced to 55%, as far as a measure was concerned. Obviously, should this happen, it would be prudent to wait and be in a better position to pass the measure, indicating there were also other issues. Mayor Boro stated it appeared that finally, new people had been tapped into who had an interest. He elaborated on some issues of significance: Question: Do you support the overall concept of multiple transportation choices for Marin County? 805 Yes 86 No If you are not a commuter, how do you travel within the County? 618 By Car 54 By Bus 76 Bike 154 Walk Which of the following options would you or your family use? Please check where appropriate 251 Express Bus 347 Improved Local 215 Car Pool Lanes 425 Train 247 Shuttle Bus Mayor Boro stated this would be evaluated to ascertain its meaning and make it more understandable. He noted it was a good effort from a small firm in Corte Madera. As he would not be available for a further meeting of the CMA on January 23, 2003, Mayor Boro requested that Councilmember Cohen attend on his behalf. SMART (Sonoma/Marin Area Rail Transit): - File 245 x 170 With regard to the San Rafael seat on SMART, City Manager Gould confirmed his agreement with Farhad Mansourian, Executive Director, CMA (Congestion Management Agency), that according to legislation that created SMART, the CMA would appoint a representative from both Novato and San Rafael, who also serve as that city's appointed representative to the CMA, as SMART Board Members. Mayor Boro, having been the City's representative on the CMA, would automatically be the candidate to be nominated and appointed to SMART at the January 9, 2003 meeting. City Manager Gould confirmed for Mayor Boro that should any further action be required from San Rafael, Mr. Mansourian SRCC Minutes (Regular) 12/16/2002 Page 19 SRCC Minutes (Regular) 12/16/2002 Page 20 would contact Mr. Gould; however, Mr. Mansourian indicated that San Rafael was clearly on record as having named Mayor Boro as its representative to the CMA. Noting Farhad Mansourian had been promoted to the position of Marin County Public Works Director, Mayor Boro stated Mr. Mansourian had hired Diane Steinhausers, formerly from CALTRANS and currently with MTC, to be the prime person on transportation. He reported Ms. Steinhausers would begin in this position at the beginning of January, 2003. Mayor Boro thanked all for their patience and time this evening, expressing pleasure at seeing all those in attendance from the Measure P Committee, together with Dawn Barbour, and he wished all a great holiday. There being no further business, the City Council meeting was adjourned at 10:35 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12003 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 12/16/2002 Page 20