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HomeMy WebLinkAboutCC Minutes 1995-02-21SRCC MINUTES (Regular) 2/21/95 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 21, 1995, AT 7:00 PM Regular Meeting: San Rafael City Council Present: Barbara Heller, Councilmember Gary O. Phillips, Councilmember David J. Zappetini, Councilmember Albert J. Boro, Mayor Absent:Paul M. Cohen, Councilmember (arrived at 8:45 PM) Others Present: Suzanne Golt, Assistant City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - CITY COUNCIL Mayor Boro announced in Open Session that the City Council would be going into Closed Session to discuss the following Closed Session items: a. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Government Code §54956.9(c): ■ Neecke v. County of Marin (City of Mill Valley) (Request for City of San Rafael participation as amicus party.) b. Conference with Legal Counsel - Anticipated Litigation Significant exposure to litigation pursuant to Government Code §54956.9(b) ■ John Needling v. City of San Rafael, Workers' Compensation Appeals Board No. SFO 0379624 1. CLOSED SESSION - CONFERENCE ROOM 201 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 21, 1995, AT 8:00 PM OPEN SESSION RE: CLOSED SESSION ITEMS 1a. City Attorney Ragghianti announced that the City Council authorized the City Attorney to enter into Amicus Curiae participation. The vote was unanimous (Councilmember Cohen absent). 1b. City Attorney Ragghianti announced that the City Council approved the staff recommen- dation for a Workers' Compensation settlement with Police Officer John Needling. The settlement provides for a 60 percent permanent disability rating, a payment of $51,245, at the rate of $148 per week, and future medical treatment for work related disabilities, and follows medical evaluation of Mr. Needling in a comprehensive staff report with respect to the recommendation. The settlement was approved unanimously (Councilmember Cohen absent). RE: MARIN COMMISSION ON AGING (VERBAL) - File 199 Mayor Boro reported the Council, at a Special Meeting earlier this evening, voted unanimously to appoint Dr. Dan Beittel as the City's representative to the Marin Commission on Aging. SWEARING-IN CEREMONY 2. REPORT ON FILLING VACANCY ON CITY COUNCIL: (CC) - File 9-1 x 9-4.1 a. SWEARING IN OF NEW COUNCILMEMBER - GARY O. PHILLIPS b. SIGNING OF AFFIRMATION OATH RE CONFIDENTIALITY OF CLOSED SESSIONS - GARY O. PHILLIPS City Clerk Leoncini announced that Gary Phillips had been privately sworn in as Councilmember earlier this evening, prior to the Special City Council Meeting, and would now be publically sworn in. Gary O. Phillips was then sworn in as new Councilmember by City Clerk Leoncini, and signed Affirmation Oath Re Confidentiality of Closed Sessions. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None. SRCC MINUTES (Regular) 2/21/95 Page 1 SRCC MINUTES (Regular) 2/21/95 Page 2 CONSENT CALENDAR The following item was removed from the Consent Calendar: 5. RESOLUTIONS OF APPRECIATION RE TERRA LINDA HIGH SCHOOL ATHLETIC PROGRAM: (CM) - File 102 a. VARSITY BOYS CROSS-COUNTRY TEAM b. VARSITY BOYS SOCCER TEAM C. VARSITY GIRLS CROSS-COUNTRY TEAM d. VARSITY BOYS WATER POLO TEAM Councilmember Zappetini moved and Councilmember Heller seconded, to adopt the Resolu- tions of Appreciation to the Terra Linda High School Athletic Programs. RESOLUTION NO. 9302 - APPRECIATION TO TERRA LINDA HIGH SCHOOL VARSITY BOYS' CROSS COUNTRY TEAM RESOLUTION NO. 9303 - APPRECIATION TO TERRA LINDA HIGH SCHOOL VARSITY BOYS' SOCCER TEAM RESOLUTION NO. 9304 - APPRECIATION TO TERRA LINDA HIGH SCHOOL VARSITY GIRLS' CROSS COUNTRY TEAM RESOLUTION NO. 9305 - APPRECIATION TO TERRA LINDA HIGH SCHOOL VARSITY BOYS' WATER POLO TEAM AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SPECIAL PRESENTATIONS 12. PRESENTATION OF RESOLUTIONS OF APPRECIATION RE TERRA LINDA HIGH SCHOOL ATHLETIC PROGRAM TO: (CM) - File 102 a. b. c. d. VARSITY GIRLS CROSS-COUNTRY TEAM VARSITY BOYS SOCCER TEAM VARSITY BOYS CROSS-COUNTRY TEAM VARSITY BOYS WATER POLO TEAM Mayor Boro presented Resolutions of Appreciation to each of the teams and thanked them for their commitment to their school. Mayor Boro announced the Council would take a break for a reception and cake in honor of newly appointed Councilmember Gary Phillips. The meeting was reconvened at 8:30 PM by Mayor Boro. CONSENT CALENDAR Councilmember Heller moved and Councilmember Phillips seconded, to approve the recommended action on the following Consent Calendar items: 100:01 RECOMMENDED ACTION 3. Approval of Minutes of Regular Meeting of Approved as submitted. February 6, 1995, Special Joint Meeting of February 8, 1995 with San Rafael Board of Education and Dixie School District, and Special Meeting of February 13, 1995 (CC) 4. Call for Applications to Fill Vacancy on Approved staff recommendation: Planning Commission Due to Appointment of a) Called for applications with dead - Gary O. Phillips, Planning Commissioner, toline for receipt Tuesday, 3/14/95 at Fill Vacancy on City Council (CC) - 12:00 Noon in the City Clerk's Office; b) Set date for interviews of appli-cants at special meeting Mon., 3/20/95 at 6:00 PM. 6. Resolution Accepting Conveyance of Property RESOLUTION NO. 9306 - ACCEPTING CON - for Roadway and Utilities Purposes (O'Neil1VEYANCE OF REAL PROPERTY FROM VIRGINIA & Scettrini) Merrydale Overcrossing ProjectM. O'NEILL AND RICHARD H. SCETTRINI, (PW) - File 2-1-78 x 11-1 x 11-16 x 9-3-40 FOR THE MERRYDALE OVERCROSSING PROJECT (PORTION OF APN 180-121-36 AND 37) SRCC MINUTES (Regular) 2/21/95 Page 2 7. Monthly Investment Report (Fin) - File 8-18 x 8-9 SRCC MINUTES (Regular) 2/21/95 Page 3 Accepted report. 9. Authorization to Appropriate Unrestricted RESOLUTION NO. 9307 - APPROPRIATING Grant Funds in the Amount of $11,097 Allo- $11,097 IN UNRESTRICTED GRANT FUNDS cated to the Library for Various Costs FOR VARIOUS COSTS ASSOCIATED WITH Associated with Library Automation and LIBRARY AUTOMATION AND LIBRARY Library Improvements (Lib) - File 9-3-61 IMPROVEMENTS x 4-13-86 10. Authority to Destroy Police Internal Inves- RESOLUTION NO. 9308 - AUTHORIZING THE tigation Files in Accordance with Government DESTRUCTION OF CERTAIN POLICE DEPART - Code Section 34090 (PD) - File 9-13 x MENT DOCUMENTS (Police Internal Inves- 9-3-30 tigation Files for Calendar Year 1989) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINED: COUNCILMEMBERS: DISQUALIFIED: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro None Cohen Zappetini (from Minutes of 2/8/95 only due to absence from meeting) Phillips (from Minutes of 2/6/95, 2/8/95 and 2/13/95; sworn in to office 2/21/95) Zappetini (Item 6 only, due to Conflict of Interest) The following items were removed from the Consent Calendar for discussion: 8. RESOLUTION AUTHORIZING AN AMENDMENT OF THE BOND INDENTURE FOR THE FLEXIBLE DEMAND INDUSTRIAL REVENUE BONDS SERIES 1984 (PHOENIX AMERICAN) (Fin) - File 8-22 x 9-3-20 Councilmember Zappetini asked for a history of the industrial revenue bonds. Finance Director Coleman explained that in the early 1980s, the City issued three industrial revenue bonds, and at that time they were permitted to be issued to finance certain improvements. The City issued revenue bonds for the Phoenix Building on East Francisco, one for Marin Square and one for the building at Fourth and A. Mr. Coleman noted all of these were issued at the time because they were of some benefit to the City in terms of generating sales tax. He stated since that time, the Internal Revenue Service has made it more difficult to issue those bonds, so since the early 1980s, we have not issued any. He noted these bonds were issued under the City's name. San Rafael had no legal obligation to pay any of the debt service; that obligation rests with Phoenix American and the bank that issued the letter of credit. Mr. Coleman pointed out that the reason for issuing the bond was because it was a tax-free bond for those people buying the bonds so the interest rate at which Phoenix American was able to finance their building was lower than they probably could have gotten otherwise. Mr. Coleman stated the reason this is before the Council tonight is because Phoenix American wants to make a change. Councilmember Phillips referred to the staff report which indicated the changes should have no impact on San Rafael, and asked if it should read ...shall have no impact. Mr. Coleman stated there will be no impact on San Rafael. Councilmember Zappetini moved and Councilmember Phillips seconded, to adopt the Resolution amending the bond indenture. RESOLUTION NO. 9309 - AUTHORIZING THE AMENDMENT OF THE INDENTURE OF TRUST RELATING TO CITY OF SAN RAFAEL, CALIFORNIA FLEXIBLE DEMAND INDUSTRIAL REVENUE BONDS (PHOENIX AMERICAN INCORPORATED PROJECT), SERIES 1984 AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 11. RESOLUTION AUTHORIZING THE PURCHASE OF THREE PARKING ENFORCEMENT VEHICLES AND APPRO- PRIATING $34,000 FROM THE EQUIPMENT REPLACEMENT FUND AND $17,000 FROM THE ABANDONED VEHICLE ABATEMENT FUND (PD) - File 9-3-30 Councilmember Zappetini asked how much money is in the Abandoned Vehicle Abatement Fund and exactly where the money comes from? Finance Director Coleman replied we receive approximately $35,000 - $40,000 in State money which is funneled through the County for picking up and disposing of abandoned vehicles. We then are to spend that money on the enforcement of this program. Mr. Coleman stated he does not know how much money is currently in that fund, but it is more than is required for the vehicles being requested this evening. SRCC MINUTES (Regular) 2/21/95 Page 3 SRCC MINUTES (Regular) 2/21/95 Page 4 Mr. Zappetini asked about the length of this program. Mr. Coleman stated that it has been about three years, and explained that we charge one full-time position to the program, noting because we have not always had a full-time person working on the program for the three years, we have some excess money in that account. He stated they are recruiting for a full-time person, but have been using some parking enforce- ment officers for the abandoned vehicle program. Police Chief Krolak stated we have been using parking enforcement officers on a part- time basis, about 65 percent of their time on the abandoned vehicle program which also helps to offset their salaries. Councilmember Zappetini moved and Councilmember Heller seconded, to authorize the purchase of three parking enforcement vehicles, and appropriating $34,000 from the Equipment Replacement Fund and $17,000 from the Abandoned Vehicle Fund. RESOLUTION NO. 9310 - AUTHORIZING THE PURCHASE OF THREE PARKING ENFORCEMENT VEHICLES THROUGH THE CITY OF STOCKTON COMPETITIVE BID PROCESS AND APPROPRIATING $34,000 FROM THE VEHICLE REPLACEMENT FUND AND $17,000 FROM THE ABANDONED VEHICLE FUND AYES: COUNCILMEMBERS: Heller, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen PUBLIC HEARINGS Phillips, Zappetini & Mayor Boro 13. PUBLIC HEARING - ZONE CHANGE FROM PUBLIC/QUASI-PUBLIC TO PLANNED DISTRICT (ORDINANCE NO. 1391) AT 626 DEL GANADO ROAD, AP NO. 178-113-23, AND FROM PARK/OPEN SPACE TO PUBLIC QUASI -PUBLIC AT 650 DEL GANADO, A PORTION OF AP NO. 178-025-15, SAN RAFAEL; TO CORRECT A MAP ERROR: MARIN HOUSING FOR HANDICAPPED, INC., AND CITY OF SAN RAFAEL, OWNERS (Pl) - File 10-3 Mayor Boro declared the public hearing opened. Planning Director Pendoley explained the purpose of this hearing is to correct an error in the zoning map. He stated that in reviewing the Design Review application for the remodeled fire station on Del Ganado, it was discovered that our property had been designated as "park", and should have been designated "public or quasi -public". He noted there is a similar problem with the property next door, owned by Marin Housing for Handicapped, Inc. Mayor Boro asked if there were any comments from the audience. As no one wished to speak, Mayor Boro declared the public hearing closed. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL TO CORRECT ZONING MAP ERRORS CREATED WITH THE 1992 ZONING ORDINANCE REVISIONS; ZONE CHANGE FROM PUBLIC/QUASI-PUBLIC TO PLANNED DISTRICT (1391) 626 DEL GANADO ROAD; AP NO. 178-112-23; MARIN HOUSING FOR HANDI- CAPPED, INC., OWNER AND FROM PARK/OPEN SPACE TO PUBLIC/QUASI-PUBLIC; 640 DEL GANADO ROAD; AP NO. 178-025-15 (A PORTION OF); CITY OF SAN RAFAEL" Councilmember Phillips moved and Councilmember Zappetini seconded, to dispense with the reading, to refer to it by title only, and pass Charter Ordinance No. 1674 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 14. PUBLIC HEARING - BEFORE THE BOARD OF APPEALS, APPEAL OF BUILDING OFFICIAL'S ENFORCE- MENT OF STATE MANDATED DISABLED ACCESS IMPROVEMENTS AT 1050 NORTHGATE DRIVE, AP #178- 240-20 (G.A. HECKSCHER, REPRESENTATIVE) (PW) - File 13-1-1 x 1-6-1 Mayor Boro declared the public hearing opened. Fred Vincenti, Senior Engineer of Land Development, explained that when additions or alterations are done to existing buildings, certain disabled access items are required. The State provides that when an unreasonable hardship is found, a public hearing can be held to consider providing some relief from those requirements. Mr. Vincenti stated the total project cost at 1050 Northgate Drive is $26,000, and an additional 20 percent or $5,200 would be required for disabled access. He explained the building is a five story building with an elevator, and the elevator controls are being upgraded to meet the current standards. The owners will not be providing additional bathrooms or upgrading existing bathrooms, but noted the existing first SRCC MINUTES (Regular) 2/21/95 Page 4 SRCC MINUTES (Regular) 2/21/95 Page 5 floor bathroom is currently accessible. Councilmember Heller asked if this excused any ADA (Americans with Disabilities Act) requirements. Mr. Vincenti stated it did not, it just spreads out the burden. Mayor Boro asked if there were any comments from the audience. As no one wished to speak, Mayor Boro declared the public hearing closed. Councilmember Heller noted that Kim Blackseth, the City's consultant on access issues, has been unavailable recently due to health reasons. She asked if he was our only consultant. Assistant City Manager Golt stated Mr. Blackseth is our only consultant and should be available again soon. Ms. Golt stated she will confer with Mr. Vincenti regarding a back-up consultant. Councilmember Zappetini moved and Councilmember Phillips seconded, sitting as Board of Appeals, to grant appeal of access requirements and directed staff to bring back a Resolution with findings for approval at the meeting of March 6, 1995. AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 15. PUBLIC HEARING - BEFORE THE BOARD OF APPEALS, APPEAL OF BUILDING OFFICIAL'S ENFORCE- MENT OF STATE MANDATED DISABLED ACCESS IMPROVEMENTS AT 16 MARY STREET, AP #14-094-08 (GENE HULSEY, REPRESENTATIVE) (PW) - File 13-1-1 x 1-6-1 Mayor Boro declared the public hearing opened. Fred Vincenti, Senior Engineer of Land Development, stated this is similar to the last item. He explained this building has two stories with parking on the ground level. Lever type hardware will be installed on the doors so even though people with a wheelchair cannot get to the second floor, people with other types of hand disabil- ities would be able to open the door. Also, bathroom sinks will be modified so people with hand disabilities will be able to use them. Mayo Boro asked about the word "accessible". Mr. Vincenti explained that it does not necessarily mean wheelchair accessible; it can also refer to a person with other disabilities who would be able to use the facility with the improvements made. Mayor Boro asked if the building at 16 Mary Street will eventually be required to be wheel- chair accessible to all floors. Mr. Vincenti stated that an elevator will probably never be required because of the size of the building and costs of an elevator. Councilmember Phillips asked if a requirement changes due to a change in ownership. Mr. Vincenti explained the State requires us to track the cost over a three year period, noting whenever a permit is applied for, we look at the last three years. He stated there is a threshold dollar amount that would require complete accessibility, not necessarily an elevator, but all other accessibility improvements and that a change of ownership does not enter into it. Mayor Boro asked if there were any comments from the audience. As no one wished to speak, Mayor Boro declared the public hearing closed. Councilmember Zappetini moved and Councilmember Heller seconded, sitting as Board of Appeals, to grant appeal of access requirements and directed staff to bring back a Resolution with findings for approval at the meeting of March 6, 1995. AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen COUNCIL CONSIDERATION OLD BUSINESS 16. CONSIDERATION OF ABANDONMENT OF SORRENTO WAY RIGHT-OF-WAY (CA) - File 2-12 Councilmember Heller asked City Attorney Ragghianti if any of the private streets listed in the staff report could install gates without the permission of the City. Mr. Ragghianti replied if these are all private streets, they would still need the permission of the City to install gates. He pointed out there are only two on the list which have gates - Smith Ranch and Marin Bay Park. Mayor Boro asked if these streets were made private at the time of development. Mr. Ragghianti stated the streets on the list were private at the time the development occurred. SRCC MINUTES (Regular) 2/21/95 Page 5 SRCC MINUTES (Regular) 2/21/95 Page 6 (Councilmember Cohen arrived at the meetinq.) Councilmember Zappetini asked if there was any indication how much this will cost the homeowners. Mayor Boro pointed out there are a lot of unknowns, and the Sorrento Way neighbors are asking for Council's conceptual approval before undertaking any action. Assistant City Manager Golt stated we do not have an accurate figure; we do not know how much it will cost. Danna Kirkbride, San Rafael taxpayer and property owner, supported the abandonment request because it is a cul-de-sac and would help people be more secure. She also stated she agreed with the seven homeowners forming an association to maintain the street and liability. Mayor Boro asked Ms. Kirkbride where she lived, to which she replied, "San Rafael". Bill Hart, San Rafael taxpayer, spoke against the abandonment because of the prolif- eration of gated communities and for psychological and philosophical reasons. He stated gated communities isolate and divide and do not enjoin communities to share in concerns, but rather to withdraw from them. He stated as a society, we should work together instead of hiding from one another in a fortress mentality. Bill Weeks, distributed copies of previous letters to the Council, especially for the benefit of new Councilmember Phillips. Mr. Weeks pointed out Sorrento Way is a unique street adjacent to Pickleweed Park, and noted the homeowners are not trying to isolate themselves from the community. He stated the gate would not make the street pedestrian unfriendly, but rather would stop the cars from going down the street. He stated prostitutes work on the street, people drink and throw their bottles along the street, condoms are being thrown on the street and they have had numerous break-ins. Mr. Weeks stated the real issue is health and safety. He stated it will never be necessary to have public access on Sorrento Way, and encouraged the Council to give conceptual approval to the abandonment of Sorrento Way. Councilmember Zappetini stated he supports the Sorrento Way homeowners because of the safety, health and security issues. Councilmember Heller asked if other gated areas were put into place as a planned development. Mr. Pendoley stated as far as he knows, all of the gated areas have always been private. Councilmember Phillips asked about the procedure for a gated community when an emergency vehicle needs to enter. Fire Chief Marcucci explained there is a special lock that the person putting in the gate must purchase from the Fire Department, which is an override on the system. He noted there is a key on every fire engine which can be inserted into the override to open the gate. Chief Marcucci stated the Police Department does not have access to the key. Mr. Phillips asked if the same key fits into each of the locks for the gated streets. Chief Marcucci answered in the affirmative. Mayor Boro asked if the present two gated communities have full-time attendants. Mr. Ragghianti stated Marin Bay is not attended. Police Chief Krolak stated they have had no problems with responding in areas with gated communities; either an attendant lets them in, or whoever calls them meets them at the gate. Mayor Boro stated the Council would need some assurance this would not be a problem, and gave an example of a person having a problem which is not visible to neighbors, calls the Police, but cannot get to the gate to let them in. Councilmember Cohen asked if the paramedic units have the same override key as the fire engines. Chief Marcucci said they did. Mr. Cohen also asked if the Police Department has any statistics showing if there is any higher crime rate on Sorrento Way than on neighboring streets. Chief Krolak stated he provided a report regarding that to Mayor Boro but neglected to keep a copy for himself. He verified that the incidents Mr. Weeks has reported have occurred, but stated he did not know if the crime rate on Sorrento Way is any higher than other communities. Mayor Boro stated, if he recalled the report correctly, the number of incidents on Sorrento Way were somewhat higher than other cul-de-sacs in the Canal, but not that far out of line. Councilmember Phillips asked Chief Krolak if what the Sorrento neighbors are propos- ing is a solution, or the best solution, to the problem. Chief Krolak stated it is a solution, but he had no idea if it is the best one. He pointed out that by restrict- ing cars on that street, it should resolve some of the issues. Mr. Phillips asked if the activities would just be relocated rather than eliminated. Chief Krolak agreed that the activities would probably just be moved elsewhere. Councilmember Zappetini asked if all these questions would be answered as the concept evolves. Mayor Boro stated the big issue is, do we support it in concept so the neighbors are willing to undertake the expense. Chief Krolak stated the street is SRCC MINUTES (Regular) 2/21/95 Page 6 SRCC MINUTES (Regular) 2/21/95 Page 7 adjoined by Pickleweed Park, so anybody could go in through the park and walk on to the street; therefore, a gate would eliminate vehicles but would not eliminate pedestrians. Mayor Boro stated there needs to be a basis for allowing one street to be gated but not another. Councilmember Phillips stated he would like to see if the abandonment is approved, whether it will discourage activity and not just displace it. Chief Krolak stated that the activity takes place there because there is opportunity, and if the oppor- tunity for vehicles is eliminated, it will go away from that street. He stated he believes it will relocate the activity rather than reduce it. Mayor Boro explained that the Council received a report from Chief Krolak showing the yearly comparison of criminal activity in the City, and overall, there is a 13.5 percent decrease in serious crime in San Rafael, and also there has been a decrease throughout the County. Warren Weisenburg, resident of Sorrento Way, pointed out the City gated and closed off the end of Francisco Boulevard near Grand Avenue, and asked is it therefore wrong for the Sorrento neighbors to ask for the same thing? He also asked for alternatives if the Council does not agree to the abandonment. Dorothy Vesecky, 400 Canal Street, stated Sorrento Way is very dark and suggested additional or stronger street lights. She spoke against the abandonment because it would be setting a precedent that could lead to more gated communities, noting the concept of gated communities needs further study. She stated they create a vulcani- zation in a City with a sense of "them versus us" attitude. She stated that before a precedent is set, all the factors should be studied more because the whole idea of gated communities is bad if you want to maintain a holistic feel. Bill Weeks stated that 50 percent of the apartment buildings and condominiums in the area are gated, so there is already a precedent. He also explained that all the gates are break -away gates, so the Police are able to drive through them, if necessary. John Ortega, Canal area resident, stated the gated apartments are private property; Sorrento Way is public property. He stated that by allowing a gate, it will contri- bute to societal polarization. He noted instead we should try to solve the problem by getting together a consensus group in the community in whatever language, to listen to the Spanish speaking people. Mr. Ortega stated the City is not facing the reality of how to deal with the real problem, and politicians should not be social engineers. He stated we now are suffering because of the poor planning in the Canal, and we should put together a group of people - Spanish or Italians or whatever - and dialogue. Councilmember Zappetini stated he did not think a decision could be made unless we find out what the financial burden is going to be, and felt the property owners should take further steps with no guarantees from the Council at this point. Councilmember Phillips asked how many streets are similar to Sorrento Way. Mr. Pendoley stated there are 3 or 4 cul-de-sacs in that area, but did not know how similar they are. Mayor Boro pointed out that Sorrento Way has the proximity to the park and the screening the trees provide. Assistant City Manager Golt stated that it would be necessary to do further research once the Council provided criteria, how- ever, based on her knowledge of Sorrento Way, it is a unique street because it is the only one that abuts the park. Councilmember Heller stated she thought Public Works had already put a special light on Sorrento Way to brighten the street. Mr. Weeks stated an additional light was installed two years ago at the end of the cul-de-sac, but it is still extremely dark on the street. Mayor Boro asked, if additional lighting was put in on the park side, would it improve the situation? Mr. Weeks stated he did not know. Mayor Boro suggested a light that comes on with motion. Mr. Weeks stated the neighbors are willing to listen to anything that will work. Mayor Boro noted that if a gate was constructed, people could still walk onto the street and do the same thing in the dark area under the trees. Mr. Weeks stated that is not the case since there is no space between the curb and the trees to lie down, noting the problem is not people walking onto the street, it is parking. Councilmember Cohen reminded the Council that the original question from the neigh- bors was whether they could get conceptual approval before they spent a significant amount of money, noting if it is now sent to the Planning Commission, it will involve SRCC MINUTES (Regular) 2/21/95 Page 7 SRCC MINUTES (Regular) 2/21/95 Page 8 studies which will run into money, and the cost will have to be borne by the neigh- borhood. Mr. Cohen stated, at this point, he is not in favor of the abandonment, although that does not mean he would never approve it. He stated he is not convinced this street will have no present or future public purpose. He also stated the larger social issues are a valid concern, noting if this is, in fact, a public safety issue, let's attack the public safety. He stated it would be worth studying the street light suggestion, and also suggested seeing whether there is a way the Police Depart- ment can give this street extra attention until the level of nuisance goes down. Councilmember Heller stated she does not think anyone would like to live on a street that has these problems, nor would she want to raise her children on the street. She stated that unless the City can assist in taking care of these social problems within the whole community, we should give this street special consideration. Ms. Heller stated she does support the abandonment of Sorrento Way in concept and believes it does have special circumstances. Councilmember Phillips stated he believes there are unique circumstances regarding this street because of its location and deserves special consideration. He stated he is in favor of giving conceptual approval to the neighbors' request. Mayor Boro stated he is concerned that the problems will move to other cul-de-sacs, and others will come asking for the same thing. However, he acknowledged that the problems the Sorrento Way neighbors are having are real, but stated he would prefer to pursue any other course that can be taken from both a Police service and a lighting point of view that might make a difference. Ms. Golt stated it would be worthwhile to look into the lighting situation either separately or in conjunction with a gate. Councilmember Cohen stated there appears to be a majority prepared to consider the abandonment, however, he felt we should first find out if there are other alterna- tives before the application process is started, which will subject the neighbors to significant expense. Councilmember Cohen moved and Councilmember Heller seconded, to refer this back to staff to investigate the lighting situation, and requested a report from the Police Department to evaluate the problems and determine if added Police attention to Sorrento Way may help, and requested the Police to evaluate the lighting and whether there are other alternatives. Mayor Boro asked Chief Krolak to furnish the Council and the public the number of calls on Sorrento Way and surrounding areas to determine the relationship. Mayor Boro asked that this item be brought back to the Council on March 20, 1995. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17. CONSIDERATION OF FEDERAL CRIME BILL GRANT (PD) - File 9-3-30 Police Chief Krolak explained that the City Council previously authorized the Police Department to submit a letter of intent to apply for funding for additional police officer positions under the Federal Crime Bill. Chief Krolak stated the letter of intent was submitted, and the City was authorized to apply for funding to hire two additional police officers. Under the guidelines stipulated, the officers would have to be hired for five years, and they would have to maintain functions primarily in the area of community oriented policing, noting they would have to be used in that capacity except for a major catastrophe. Chief Krolak explained that during the last two weeks, Congress has taken up new legislation trying to modify this crime bill, and noted President Clinton has said he will veto that legislation. Chief Krolak stated the Senate version has not gone forward yet; the House of Representatives has had hearings and passed it. He noted at this point, everyone is unsure of what the guidelines are. The letter of intent was for a grant directly to the Police Department for two officers that would reimburse the City $150,000 over a period of five years, to be paid during the first three years of the five year period. The City would then have to make up the difference in cost for the two officers. The new legislation as proposed is a block grant, and it has not been determined how much we would get. Chief Krolak stated he is concerned about the monetary issue because of the cost to the City for the long-term and because these officers would have to be used only in the capacity dictated by the Federal Government under the original Crime Bill Act. He stated there are currently seven vacancies for police officers and the Police Department is diligently trying to fill those vacancies. He stated he hoped the vacancies would be filled by July 1st, when the Federal Crime Bill would become effective. SRCC MINUTES (Regular) 2/21/95 Page 8 SRCC MINUTES (Regular) 2/21/95 Page 9 Mayor Boro stated he sent to the Council a copy of a letter from Senator Boxer and an article from last week's Wall Street Journal, entitled "Why the Crime Bill Doesn't Work". He stated he is concerned about the $400,000 shortfall over the five year period, noting we have a need to put more money in the Major Crimes Task Force which will be another requirement for dollars at budget time. Mayor Boro pointed out the application must be completed by March 3, 1995, and suggested we submit the applica- tion if we can still back out if we choose to without penalty. Chief Krolak emphasized he does not yet know how the new legislation will affect us. Councilmember Zappetini asked if the two authorized police officers have to be new hires. Chief Krolak answered in the affirmative. Mr. Zappetini asked if it takes about a year from the time of application to get an officer on the street, it would actually make the five year total four years. Chief Krolak stated one of the condi- tions of the grant is that we have to stipulate in the application when we would get the officers hired, trained and on the street. He noted we would not, as a matter of course, put two new people into this kind of a position; instead we would get these people, put them in the patrol, take two other experienced officers and give them whatever additional training we needed and put them on the street because they could better deal with these kinds of issues than two new people who would still be learning the job. Councilmember Heller asked for clarification regarding using these two officers in an emergency. Chief Krolak stated they would be assigned specifically to community oriented policing activities, and only in the event of a major catastrophe such as an earthquake or flood, could they be used. Ms. Heller asked if we would actually need two more officers if the seven vacancies were filled. Chief Krolak stated the police officers hired under this grant would be performing functions separate from patrol or crime response. Ms. Heller stated she recommends continuing the process to see if anything changes; if it does not, to turn it down because of the cost. She stated she is very disappointed because the initial program appeared very exciting, and it is a shame that we cannot afford to take advantage of it. Chief Krolak also stated that the application package is 75 percent of up to $75,000 per officer for the three-year period. In California, that does not come near 75 percent. He stated they were trying to blanket this for the entire country, and in other states, it more than covers the 75 percent. Councilmember Cohen asked Chief Krolak, if the Council told him that they would commit $450,000 over the next five years for these specific programs outlined in the grant application, forgetting the grant money, would he recommend we spend that money on these very focused community activities. Chief Krolak stated it would be better in the long run if we could control how to use the people and resources, noting it would provide us with a lot more flexibility than we would have under the grant program. Councilmember Phillips asked if there would be any other additional related costs, such as for equipment, training, etc. Chief Krolak stated it costs between $1,500 and $2,000 for safety equipment, plus additional vehicle costs, salary and fringe benefit raises, plus training, and none of that is covered under the Crime Bill. Mr. Phillips asked, if we do not apply, are we precluded from applying at a later date. Chief Krolak answered, for this particular grant, "Yes". Mr. Phillips asked if there are any monetary penalties if we do apply and withdraw later. Chief Krolak stated he did not think so. Mr. Phillips stated it might be wise to keep the door open. Mayor Boro stated another reason to keep the door open is the public perception of free money to bring additional police officers into the community. Councilmember Cohen moved and Councilmember Zappetini seconded, to submit the grant application on the condition that we may withdraw the application before it is finalized. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen also asked staff to provide additional information, taking into consideration the assumed rate of inflation and associated equipment costs, training, etc. and also to explore the COPS MORE Program referred to in Senator Boxer's letter. 18. CITY COUNCIL REPORTS: a. SQUARES FOR ITALIAN STREET PAINTING FESTIVAL - JUNE 10 & 11, 1995 (VERBAL) - File 104 x R-181 Councilmember Heller asked the Council to consider individually buying a square for the Italian Street Painting Festival. She also stated Redevelopment indicated they may be interested in sponsoring a City square. SRCC MINUTES (Regular) 2/21/95 Page 9 10 SRCC MINUTES (Regular) 2/21/95 Page b. COUNCIL COMMITTEE ASSIGNMENTS (VERBAL) - File 9-1 Mayor Boro distributed to the Council a list of the current Council committee assignments, noting there are five vacancies. He asked the Councilmembers to review the list and select those of interest. Appointments will be made at the meeting of March 6, 1995. There being no new business, the meeting was adjourned at 10:10 PM. JEANNE M. LEONCINI, CITY CLERK APPROVED THIS DAY OF , 1995 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 2/21/95 Page 10