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HomeMy WebLinkAboutCC Minutes 1996-04-01IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 1, 1996 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary O. Phillips, Councilmember David J. Zappetini, Councilmember Absent: None Others Present: Suzanne Golt, Acting City Manager Eric Davis, Deputy City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBER Mayor Boro announced Closed Session items. CLOSED SESSION - 7:00 PM - CONFERENCE ROOM 201 1. 0 Conference with Labor Negotiator Government Code Section 54957.6 Negotiators: Suzanne Golt/Daryl Chandler Deputy City Attorney Eric Davis announced no reportable action was taken. • Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a): a. Souza v. City of Antioch, 1st District Court of Appeal. (Request for City of San Rafael participation as amicus party). Deputy City Attorney Eric Davis announced the Council voted unanimously, 5-0, to participate as amicus party. • Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(c): a. Initiation of Litigation - one case. Deputy City Attorney Eric Davis announced no reportable action was taken. RE: FILLING OF PLANNING COMMISSION VACANCY - File 9-2-5 Mayor Boro announced that at a Special Meeting held earlier this evening the Council reappointed Charles Daniels to the Fire Commission. RE: FILLING OF CULTURAL AFFAIRS COMMISSION VACANCY - File 9-2-24 Mayor Boro announced that at a Special Meeting held earlier this evening the Council appointed Terese Redinger as a Commission Member, and Carol Levy as an alternate. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM RE: HOMELESS IN DOWNTOWN SAN RAFAEL - File 233 x 9-3-30 Sanci Bell, 1113 Second Street, addressed the Council, stating she lived Downtown on Second Street, between "A" and "B" Streets, and also owns a business on Fourth Street, called Alley Cats. She noted she has been a resident at her current address for eight years, and a business owner for four years. Ms. Bell stated she wished to discuss what she felt was the crime explosion, panhandling, constant loitering, shanty -town buildings, and shanty -town Winnebego parking lots that have become very extreme in the last year. Ms. Bell noted she has watched the Downtown falling apart for the past four years. She stated she is a single mother with a sixteen year old son, and reported her son is constantly witnessing drug deals taking place behind their house, noting he had witnessed the robbery at Councilmember Zappetini's business but did not call the Police because it just looked like what he has seen so often before. Ms. Bell stated her son, as well as other teen-agers in San Rafael, are constantly being accosted and asked for money, and if they do not give money, they are insulted. She reported a friend of hers was stopped at a traffic light and someone begging with a sign stuck his head in the car window and asked for money, and when her friend refused to give him money, she was subjected to sexually harassing remarks. Ms. Bell noted that when her friend filed a Police report, the Police told her there SRCC MINUTES (Regular) 4/1/96 Page 1 was nothing they could do. Ms. Bell stated her main point is not to come before the Council to complain, it is to try to clarify, with the Mayor and the Council, what the situation really is in terms of Panhandling Ordinances, and Loitering Ordinances, stating she has been getting conflicting information as to whether the City of San Rafael does have such Ordinances. She noted she had been told the City of Corte Madera had a Panhandling Ordinance, and Mayor Boro stated San Rafael does not have such an Ordinance. Ms. Bell stated everyone knows about the soup kitchen (St. Vincent de Paul' s Dining Hall), and the long battle in moving it, noting some people say Mr. Kunst wants to move it while others say he does not. She reported there are as many rumors and as much misinformation as there are complaints about the situation, and stated she would like someone to clarify why it is the City of San Rafael does not have a Panhandling Law, why we do not have a Loitering Law, and why representatives from Legal Aid stand in front of the soup kitchen and badger the Police when they try to do anything about the many people standing out on "B" Street. Ms. Bell also stated her business is suffering because of this situation. Mayor Boro stated the time allowed for discussion during this part of the meeting was very short, but asked Ms. Bell if she could stay until later in the meeting, when Police Chief Krolak would be giving an update on Police activities and a report on what is happening Downtown, and Mayor Boro would be discussing the St. Vincent de Paul's Dining Hall. SAN RAFAEL SCHOOLS IMMERSION PROGRAM - File 9-2-1 x 100 Fielding Greaves, San Rafael resident, addressed the Council, referring to the controversy in the newspaper recently regarding the San Rafael School Board's proposal to institute a two-way Immersion Program, in which the first three years of a child's education, Kindergarten through Second Grade, would be 90% taught in the Spanish language, for both indigenous English speaking children and newcomer, Spanish speaking children. Mr. Greaves stated he opposed this proposal very vigorously, and reported his purpose in coming before the Council was to present a Resolution which he was asking the Council to place on the Agenda for the next City Council meeting, to consider as an Action Item. Mr. Greaves stated the Resolved portions of the Resolution read as follows, "That the City Council of San Rafael deplores the proposed Spanish language 'immersion' program as eminently foolish, wasteful of public funds, and counter productive to the education of our children, and views it as a thinly disguised attempt to use public funds to perpetuate a foreign culture; and further resolved that this body unequivocally urges the San Rafael School Board to reject the proposed 'immersion program'. Mr. Greaves reported the headline in the Marin Independent Journal indicated this proposal may fail anyway, noting the President of the School Board is out of the country, and there will probably be a 2-2 tie vote, which means it will go down in defeat; however, he stated that in the off chance the vote is postponed to a later time, he would like the Council to put this item on the Agenda for the next City Council meeting. He stated if the proposal does fail at the School Board meeting, he would then withdraw his request. Mayor Boro stated it was his recommendation, since the School Board is a duly elected Board, that it would not be appropriate for the Council to pass such a Resolution. He noted Mr. Greaves could bring his recommendation to the School Board, who are the ones who have the facts and can deal with the issue. Mr. Greaves stated it was not unusual for City Councils, County Boards of Supervisors, or other Boards to take positions on matters which are out of their specific jurisdiction, noting last month the Board of Supervisors passed a Resolution unanimously opposing AB 638, the Conceal/Carry bill, which was before the Legislature in Sacramento. He noted that in the past the Board of Supervisors and other Boards have passed Resolutions opposing investments in the stock of any company who happens to be trading with the Union of South Africa before the time President Mandella came to power. Mr. Greaves stated it is not unusual to take a position on a matter outside a Board' s specific jurisdiction, and that is why he was asking the Council for this action. Mayor Boro stated the Council does take a position on certain Legislation, after it has been analyzed and presented to the Council for a vote. He stated his recommendation remains the same, since the Council does not know all the facts, and since this is a local Board elected to perform this action. Councilmember Cohen acknowledged that he recognized the point Mr. Greaves makes SRCC MINUTES (Regular) 4/1/96 Page 2 concerning the actions of some Boards commenting on issues outside of their jurisdictions; however, he stated that for several years it has been a policy of the Council not to do so, and he felt it has served the Council well. He did not believe he was elected to the City Council of San Rafael to use it as a pulpit on a wide range of issues, but rather to use it as a steward of the City of San Rafael. He stated the Council does comment on legislation that has an impact on the City of San Rafael, but have consistently avoided taking stands on issues of public controversy outside the Council's scope and jurisdiction. Councilmember Phillips noted he had served on the Dixie School Board, and therefore understands, to some degree, the pros and cons of the sides being debated. However, he stated this was a serious matter that requires a great deal of study, discussion, and introspection. He did not feel the Council could add to that process, or be able to give credible or due consideration to the issue, and without doing such, he could not vote either in favor of, or opposed to, the Resolution. Mr. Phillips stated he was confident the School Board was giving this proposal due consideration, and was comfortable they will handle the issue in the most appropriate manner. CONSENT CALENDAR: Councilmember Zappetini moved and Councilmember Heller seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Joint Meeting of Approved as submitted. Wednesday, January 17, 1996 with School Districts and Special Joint Meeting of Monday, March 18, 1996 (CC) 3. Legislation Affecting San Rafael (CM) - File 9-1 Approved staff recommendation: Council SUPPORTED AB 2228 (Mazzoni) which would end the requirement for counties, cities and special districts to contribute a portion of their property tax revenues to the county superintendent for funding of the state's obligation to special education; AB 2828 (Sweeney); and AB 2797 (Aguiar) which address the repayment of Education Revenue Augmentation Fund (ERAF) contributions and keepng future property tax growth at the local level. 4. Resolution of Appreciation for Lindsay Martin, RESOLUTION NO. 9571 - Child Care Center Director, Short Pre -School, RESOLUTION OF APPRECIATION TO Employee of the Year, 1995 (CM) - File 7-4 X 102 X LINDSAY MARTIN, CHILD CARE 9-3-65 X 4-10-188a CENTER DIRECTOR, SHORT PRE-SCHOOL, EMPLOYEE OF THE YEAR, 1995. 6. Approval of Street Closure for Classic Car Parade Approved staff recommendation. and Street Dance on Saturday, May 18, 1996 (RA) - File 11-19 x (SRRA) R-181 7. Resolution of Appreciation to Peacock Garden RESOLUTION NO. 9572 - Club - Arbor Day 1996 (PW) - File 102 x 109 x RESOLUTION OF APPRECIATION TO 9-3-66 COMMEMORATING ARBOR DAY 1996 12, 1996). PEACOCK GARDEN CLUB - (Tree Planting Project at Pickleweed Park on April 8. Resolution Accepting the Scope of Services for RESOLUTION NO. 9573 - CH2M Hill to Provide Technical Analysis to RESOLUTION ACCEPTING THE Refine the Design of the Freitas Parkway SCOPE OF SERVICES FOR Interchange and Authorizing the Public Works CH2M HILL TO PROVIDE TECHNICAL Director to Enter Into an Agreement with ANALYSIS TO REFINE THE DESIGN CH2M Hill for this Technical Analysis in an OF THE FREITAS PARKWAY Amount Not to Exceed $35,003 (PW) INTERCHANGE AND AUTHORIZING - File 4-3-259 x 11-15 THE PUBLIC WORKS DIRECTOR TO ENTER INTO AN AGREEMENT WITH CH2M HILL FOR THIS TECHNICAL ANALYSIS IN AN AMOUNT NOT TO EXCEED $35,003. SRCC MINUTES (Regular) 4/1/96 Page 3 9. Resolution Accepting Grant Deed for a Portion RESOLUTION NO. 9574 - of Right of Way on Rice Drive from Roland A. RESOLUTION ACCEPTING Bacci and Beverly A. Bacci, Trustees, or CONVEYANCE OF GRANT DEED FOR Successor Trustee(s) Under the Roland and Beverly PORTION OF RICE DRIVE Bacci Family Trust U/A/D/4/19/90 as Amended -- RIGHT OF WAY FROM ROLAND A. Parcel Map for Lands of Bacci (594-11) (PW) BACCI & BEVERLY A. BACCI, SAN - File 2-1-80 RAFAEL, CALIFORNIA. 10. Resolution Authorizing the Public Works Director RESOLUTION NO. 9575 - to Execute an Agreement for the Construction of RESOLUTION AUTHORIZING Beach Park Road with Herbert A. Crocker and THE PUBLIC WORKS DIRECTOR TO William H. McDevitt (PW) - File 4-10-287 x 2-1-5 EXECUTE AN AGREEMENT FOR THE CONSTRUCTION OF BEACH PARK ROAD WITH HERBERT A. CROCKER AND WILLIAM H. McDEVITT. 13. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1695 - An Ordinance of the City of San Rafael Amending Chapter 14.25.050 and the Title 14 Zoning Map of the Municipal Code of the City of San Rafael to Help Implement the Montecito/Happy Valley Neighborhood Plan (P1) - File 227 x 10-3 Approved final adoption of Ordinance No. 1695. 14. Resolution Approving 1995-96 Latchkey Contract RESOLUTION NO. 9576 - Amendment No. 1 for Growth Expansion Fund RESOLUTION AUTHORIZING THE in the Amount of $1,771 (Rec) SIGNING OF A CONTRACT WITH - File 4-10-238 x 9-3-65 STATE DEPARTMENT OF EDUCATION FOR 1995-96 CHILD DEVELOPMENT CONTRACT WITH STATE DEPARTMENT OF EDUCATION AMENDMENT #1 FOR GROWTH/EXPANSION FUNDS FOR $1,771. 15. Resolution Approving Contract Agreement State Department of Education to Provide Preschool Services in Accordance with Funding Terms and Conditions and Application Contract EDUCATION GPRE-5295 (State Preschool) for $29,457 (Rec DEVELOPMENT - File 4-10-188a x 9-3-65 PROGRAM FOR $29,457. 16. Resolution Approving Purchase of Two Portable Classrooms for Dixie and Mary Silveira Child Care Programs and Authorizing an Expenditure Not to Exceed $165,000 from the Child Care Fund (Rec) - File 4-10-188a x 9-3-65 EXPENDITURE NOT TO EXCEED $165,000 FROM with RESOLUTION NO. 9577 - RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT WITH STATE DEPARTMENT OF FOR 1995-96 CHILD CONTRACT FOR A STATE PRESCHOOL RESOLUTION NO. 9578 - RESOLUTION APPROVING THE PURCHASE OF TWO PORTABLE CLASSROOMS FOR THE DIXIE AND MARY SILVEIRA CHILD CARE PROGRAMS AND AUTHORIZING AN THE CHILD CARE FUND. The following items were removed from the Consent Calendar for further discussion: 5. RESOLUTION APPROVING ACQUISITION AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY FOR ANDERSEN DRIVE EXTENSION (RA) - File 4-10-288 x (SRRA) R-364 x R-359 x R-246 Councilmember Zappetini announced he was abstaining from this item due to conflict of interest. Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution approving an acquisition agreement with Southern Pacific Transportation Company, and authorizing the Acting City Manager to execute the agreement. RESOLUTION NO. 9579 -RESOLUTION APPROVING ACQUISITION AGREEMENT WITH SOUTHERN PACIFIC TRANSPORTATION COMPANY AND AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE SAID AGREEMENT. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) SRCC MINUTES (Regular) 4/1/96 Page 4 11. RESOLUTION APPROVING AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH FRANK THATCHER ASSOCIATES, INC. FOR POLICE RADIO SYSTEM (PD) - File 4-10-280 x 9-3-30 Mayor Boro, as a follow-up to an earlier meeting, reported they had discussed bidding a trunked system that can work in a conventional mode, noting he would like to receive a separate bid for just a conventional system. He stated he had been thinking about the potential issue with the County, and whether or not the City willknow where the County is going to be and how big the issue would be for the City to be compatible with the County. He wondered if we could find out what a conventional system would cost, and if it would be prudent to consider this, with the idea in mind that it could be five to seven years before the County comes on-line with a new system, and if the life expectancy of a conventional system would expire in that time, it might be more prudent if we spend less at this point than to have to do something later. Mayor Boro stated he would at least like to know what the numbers are, and thinks we should look at a trunked system that can be used in a conventional mode, and also look at the 480 conventional system as well, to see if there is a big difference in price. Mayor Boro stated that in looking at the fees paid to the consultant, he assumed the Police Radio Committee would be monitoring his performance, and ensuring the City is getting everything we should be getting, and spending only what we need. Commander Pennington stated that was correct. Councilmember Heller reported she had served on this Committee for a little over a year, and had great confidence the Committee would be monitoring the report and getting input, noting they would welcome additional input from the Council and members of the Police Department, as it will be a better system the more input the Committee has. Councilmember Cohen stated he appreciated the fact that the report contains accurate figures, explaining the local newspaper had inaccurately reported the cost of the system as being $1.8 million, and noting the actual hard cost is under $1.2 million, and will result in a savings of $300,000 in maintenance expenses over the next five years, which really brings the cost down to under $1 million for going ahead and making this decision now. Mr. Cohen stated this is clearly money well spent. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the Resolution authorizing the signing of an amendment to the Professional Services Agreement with Frank Thatcher Associates, Inc. as Radio System Consultants. RESOLUTION NO. 9580 -RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE SIGNING OF AN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH FRANK THATCHER ASSOCIATES, INC. AS RADIO SYSTEM CONSULTANTS (EXTENDING AGREEMENT FOR ONE YEAR, ENDING ON APRIL 1, 1997, FOR AN ADDITIONAL AMOUNT OF $73,100, FOR A TOTAL NOT TO EXCEED $102,500). AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 12. REQUEST TO PERMIT DEFERRAL OF PAYMENT OF DEVELOPMENT FEES FOR MARIN TOWNHOUSE PROJECT (P1) - File 9-1-2 X 9-10-2 X 10-2 X 229 Councilmember Phillips noted the staff report discusses City policy to waive payment of all but the traffic mitigation fees for Below Market Rate (BMR) units, asking if it is the City's policy to waive the payment for all fees, then why is it an issue? He stated that by taking this action, it seems as though we are saying that in some situations the City does charge those fees. Mr. Phillips stated he was unclear as to the policy that is in place. Mayor Boro stated the City is reaffirming the fact that this is the policy, and on these types of projects, the City's affirms the policy that the fees will be levied, with the exception of the traffic fees for the Below Market units. Planning Director Pendoley stated he believed that every time these fees have been waived on BMR' s it has been with an actual Resolution, either in the Conditions of Approval for the project or in a Resolution before the Council. Mr. Phillips asked if there were situations where the City might charge these fees, and Mr. Pendoley stated it has always been recommended that these fees be waived on BMR's. SRCC MINUTES (Regular) 4/1/96 Page 5 Councilmember Phillips moved and Councilmember Zappetini seconded, to adopt the Resolution permitting deferral of fee payment for the Mission Townhouse Project. RESOLUTION NO. 9581 -RESOLUTION OF THE SAN RAFAEL CITY COUNCIL DEFERRING PAYMENT OF FEES FOR THE MISSION TOWNHOUSE PROJECT (Until Issuance of Occupancy Permits) AYES: COUNCIL ERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCIL ERS: None SPECIAL PRESENTATION: 17. PRESENTATION OF RESOLUTION OF APPRECIATION TO PEACOCK GARDEN CLUB - ARBOR DAY 1996 - File 102 x 109 x 9-3-66 Mayor Boro announced the Resolution of Appreciation to the Peacock Garden Club will be presented by Councilmember Heller on April 12, 1996 at the Tree Planting ceremony at Pickleweed Park. 18. PRESENTATION OF TREE HERO AWARDS TO CYR MILLER AND KATIE KORZUN BY MARIN ReLEAF IN COMMEMORATION OF ARBOR DAY - File 109 Sandra Sellinger, representing Marin ReLeaf, presented awards to Cyr Miller and Katie Korzun, noting representatives from California ReLeaf and Sonoma County ReLeaf were prevented from attending this presentation because of the bad weather. Ms. Sellinger presented Ms. Korzun and Mr. Miller with tree -shaped pasta, water buckets, a pruning saw, Tree Hero safety vest and hard hat. Ms. Sellinger presented proclamations to Ms. Korzun and Mr. Miller on behalf of California ReLeaf, noting Marin ReLeaf and Sonoma County Releaf are both members of California ReLeaf. Ms. Sellinger stated the Tree Hero Award recognizes individuals who demonstrate outstanding support for urban forestry, and thereby help to make the communities greener, healthier, and more beautiful. MONTHLY REPORTS: 19. CITY WORK PLAN REVIEW (CM) - File 237 x 9-1 Acting City Manager Golt noted this was the third monthly update since the retreat in January, pointing out she had highlighted the items that have changed since the last report. Mayor Boro announced he had an update to Item #5.A regarding the St. Vincent de Paul dining room relocation. He reported he, Seamus Kilty, St. Vincent de Paul Board President, and Stephen Dobbs, President & CEO of the Marin Community Foundation, have selected a consultant to work with the Committee as a facilitator, and they are now in the process of forming the Committee. He reported they plan to meet in April and May, and hope to present recommendations in June regarding operations and possible relocation sites. 20. DEPARTMENT REPORT - RECREATION (Rec) - File 237 x 9-1 x 9-3-65 Recreation Director Sharon McNamee conducted a mock "Jeopardy" game, with the Councilmembers as contestants, and questions and answers designed to illustrate the services and programs available through the City's Recreation Department. Ms. McNamee introduced members of the Recreation Department staff who assisted in planning and presenting this contest, and then presented contest winner, Councilmember Paul Cohen, with a "box" seat to the new Seals' Stadium, opening June 12th at Albert Park. Ms. McNamee noted the staff report detailed the priorities the Recreation Department is focusing on, including the programs and services at Pickleweed Park Community Center Youth Services Division, Facility Improvements, and Partnerships. On behalf of the City Council, Mayor Boro thanked Ms. NcNamee for bringing some fun to the Council meeting, and thanked her and her staff for the great job SRCC MINUTES (Regular) 4/1/96 Page 6 they do all year. He stated, after reading her staff report, some of the things they have accomplished concerning Partnerships are real tributes to her and her staff. He stated the programs provided to the community, and all of the fun and good things that happen are really important, and thanked Ms. McNamee and her staff for their great work. OLD BUSINESS 21. FURTHER DISCUSSION CONCERNING MOTION ADOPTED BY CITY COUNCIL ON 2/20/96 REGARDING COUNCIL ER ZAPPETINI - File 9-1 Mayor Boro asked Mr. Zappetini if he had anything to report regarding his property or his status? Mr. Zappetini stated he had not made any progress, forward or back. He referred to the discussion of Andersen Drive, noting that if something should stop that, he might not have anything to even talk about. NEW BUSINESS 22. REPORT ON POLICE ACTIVITIES ON "B" STREET (PD) - File 9-3-30 x 233 x 9-2-49 Police Chief Bob Krolak stated he had attempted to show in his report the police activity that has taken place along the "B" Street Corridor, which is comprised of the 500 - 900 blocks of "B" Street, from Taylor Street north to Fourth Street; the 1100 & 1200 blocks of Third and Second Streets; and the unit blocks of First and Treanor Streets. Chief Krolak reported that in late January, 1996 Mr. Bob Kunst, Executive Director of St. Vincent's dining room, contacted Chief Krolak to report they had noticed an increase in drug activity near, as well as inside, their facility, and asked what the Police Department could do to help them. Chief Krolak stated the Police Department also received numerous complaints from the various residents and businesses along "B" Street, so they took three officers from Patrol, assigned them to the Street Crimes Unit, and actively worked that particular area along the "B" Street Corridor. As a result, Chief Krolak reported thirty-five arrests were made for various violations, ranging from drug activity and drug possession, to urinating in the street and public waste. Chief Krolak stated these arrests took place from February 14th through March 16th, noting that on March 17th the department went through a rotation for the Patrol Bureau, and at that time, because of the amount of overtime that had resulted in taking three officers from Patrol to work in the crime unit, they were rotated back to Patrol, so that Patrol could attempt to work at a fuller capacity. Chief Krolak acknowledged there is a perception that crime is rampant and there is a crime wave in this area, but he pointed out in his report, in comparing the last three months of 1995 to the first three months of 1996, serious crimes are actually down, from thirty to fourteen, and calls for service down from 283 to 200. Mayor Boro noted that while the intensification the Police Department introduced has now subsided to some degree, he is assuming the department is still paying more attention than normal to this particular area, and Chief Krolak responded that was correct. Councilmember Zappetini asked what Chief Krolak considered serious crime, and Chief Krolak responded serious crimes would be such things as burglary, felony assault, car theft, and robberies. Mr. Zappetini stated he has had Police Officers ask for access to his property as a place from which they can watch and see what is going on at the adjacent properties, such as the soup kitchen. Mr. Zappetini stated the issue was to watch activity taking place in the alley, reporting individuals have been seen throwing a rock at one of the windows, and the window opens and a package is thrown out of the window, noting the drug dealing is happening from within. He asked Chief Krolak if there is anything that can be done about that, stating it is obvious the drug dealing is happening from within and involves a tenant of the building. Chief Krolak stated this was part of what the department has been trying to address, noting part of what Mr. Kunst had spoken to him about was the drug dealing taking place both inside the dining hall itself, as well as the apartments St. Vincent de Paul manages and rents out. Chief Krolak noted this is one of the things the Street Crimes unit is trying to address. Councilmember Zappetini asked if anything else can be done, stating this is not the first time this has happened, noting it is an ongoing thing. He reported there have been people climbing up on the roof and throwing things, and all kinds of problems like SRCC MINUTES (Regular) 4/1/96 Page 7 this in the neighborhood. He stated it seemed as though there was no kind of regulation as to who goes into the building and who comes out, and wanted to know if there was anything the City could do about that, with regard to the tenants? Chief Krolak stated as far as the tenants were concerned he was not sure there was anything the City could do, but felt St. Vincent de Paul might be able to address that issue, as they operate the facility. Mr. Zappetini asked Chief Krolak if he had noticed that there seems to be a phase or wave of new faces, noting all of a sudden they are here and then they are gone, coming back and forth, and also asked if Chief Krolak knew what caused that? Chief Krolak noted a few months ago, when then Mayor of San Francisco Frank Jordan closed Golden Gate Park to the homeless, there seemed to be a few extra or new people in town as a result of that, and noted the City seems to see the waves coming back and forth. He stated he felt this was affected by any number of things that are happening throughout the entire Bay Area. Mr. Zappetini asked if it was correct that when the department takes officers off of Patrol and puts them on the Task Force, then the amount of arrests goes up; but then those officers are taken off the Task Force and put back on Patrol, and the number of arrests goes down? Chief Krolak stated it is not the issue that the amount of arrests goes down, it is just that the Police Department redeploys the resources they have in a different fashion. Mr. Zappetini stated this does not cure the problem, noting if the problem is there, we should have more police rather than taking them away and putting them on Patrol. He stated if it is obvious they are there and making more arrests, why should that not be our priority rather than putting them back on Patrol? Chief Krolak stated, given the amount of overtime the department is paying Patrol, he must weigh the monetary issues of the situation as well, and must also make sure the department is not burning out the people who are working all of the overtime. Mayor Boro noted Chief Krolak' s statistics show that when there was a higher police presence, the arrest rate was still 83 arrests lower than for the prior three months. Chief Krolak noted there had been 83 fewer calls for service, while arrests were down by 16 arrests compared to the prior three month period. Chief Krolak noted Mr. Zappetini had mentioned the Police Officers had used his building for surveillance, and reported there have been other business people on "B" Street who have been cooperative and have given the Police the keys to their shops so they could do video taping in the area. Chief Krolak reported some people were arrested in response to new legislation which became law January 1, 1996, which allows the Police to identify a person, warn them, and then actually arrest them for being in a place where drug dealing and/or prostitution is taking place. He stated this is a new tool for the Police Department. Councilmember Zappetini stated that particular tactic of going into someone else's facility and using their building was completely new to him, noting he had been dealing with the problem for fourteen years, and this was the first time this had happened. He noted if Chief Krolak is saying that other businesses have also been cooperating in the same manner, then obviously, that must mean there is a problem. Chief Krolak reported the department has used this tactic at numerous other locations, it is just that this is where they happened to use it this time. Mr. Zappetini asked if this is an ongoing tactic that is used on "B" Street? Chief Krolak stated they use it if they possibly can, depending on their manpower, noting that having someone sitting and video taping just takes up that much more of their resources if the officer is at a fixed post doing just that. Mayor Boro noted this was not a new approach, and that the same thing had been done in the past. Chief Krolak stated this was correct; this approach had been used in the investigation of prostitution, drugs and narcotics. Chief Krolak noted this is not a new tactic, it is only new in the fact the Police Department used it at this particular time on "B" Street, and again, it was only because they had the resources to do it at this time. Councilmember Phillips stated he had spoken to some of the store owners in the immediate vicinity, noting they had told him they can detect certain times of the month when there is more illegal drug dealing activity, perhaps timed with receiving certain checks, such as welfare and other public assistance type checks. Mr. Phillips asked Chief Krolak if he has noticed this, as well, and if he felt there was anything to the thought that perhaps there are certain SRCC MINUTES (Regular) 4/1/96 Page 8 times when the Police Department can concentrate the surveillance and other law enforcement activities? Chief Krolak reported this statement did not surprise him, and was probably true. He stated he would need to ask the witnesses if they can specifically state that these are dates that relate to when SSI checks or other public assistance checks are coming out. Councilmember Phillips asked Chief Krolak if this might be a possibility, stating he was concerned about the amount of overtime, as well, noting the City needs to combat the issue, but perhaps it could be done more effectively if we were able to determine such peak times of the month. Regarding the positioning of an officer in a visible manner near the dining hall as a deterrent, Councilmember Phillips stated it seemed to those he has spoken with that "Yes, in fact, it is a deterrent", noting he assumed this would be Chief Krolak's opinion as well. Chief Krolak stated he is sure it would be a deterrent, but added it would be rather costly, in the fact that the officer then is located right there. Chief Krolak stated he had spoken with Mr. Kunst about St. Vincent de Paul hiring a security guard for the dining hall, noting this would be another possibility. Mr. Phillips asked Chief Krolak if he thought that would be effective, and Chief Krolak responded he thought it would help. Mr. Phillips asked if the City could use a non -sworn Police Officer for visible presence, to act as a deterrent and to communicate by radio with sworn officers? Chief Krolak stated using one of the City's non -sworn officers down there would be putting him in jeopardy, given the fact he would be asked to step into and deal with criminal activity. Mayor Boro stated he thought Mr. Phillips was suggesting someone to be used only as an observer and for a show of presence, and Mr. Phillips stated he was suggesting an observer who could notify sworn officers to come in if there was illegal activity that needed to be addressed. Mr. Phillips stated he was making this suggestion in response to Chief KrolakI s point about overtime and cost, noting perhaps there would be other people the department could use, where it would be more cost effective, but still provide the kind of deterrent referred to by a physical presence. Mr. Phillips asked if this might be possible, and Chief Krolak noted this was not something the department had looked at, but they would discuss the idea. Bob Kunst, Executive Director of St. Vincent de Paul, addressed the Council, stating he wanted to comment on the drug problem. He reported he went to work for St. Vincent de Paul during the latter part of 1991, noting the owner of the building at that time had a problem, because while he was in Europe, the people he had rented to were involved in drug activities. Mr. Kunst stated that in 1992, upon the owner' s return, he took care of the problem and had the building cleaned up. He stated it was after this that St. Vincent de Paul moved their office into the building, and after a year they ended up buying the building. Mr. Kunst reported there had not been a real drug problem from that time until just recently. He stated one of the diners had recently come to his office and informed Mr. Kunst there had been a wave of black people coming from Richmond and selling drugs at the dining hall. Mr. Kunst asked him to point these people out to him, and they went downstairs to the dining room and the man identified the men. Mr. Kunst stated he confronted the men, telling them he was going to inform the police they were at the dining hall selling drugs, noting it was no secret to these men that St. Vincent de Paul does not want any drugs at the dining hall. Mr. Kunst stated there had once been a tenant they had been trying to get rid of, a weak, easy going person whom Mr. Kunst felt had major mental problems. Mr. Kunst noted it was the people this man considered as friends who actually informed on him and got him kicked out. Mr. Kunst stated the problem is, it is not easy to kick a tenant out, noting Ecumenical Housing is in charge of the housing upstairs, and has continually told Mr. Kunst that if he were to do anything, then they would have to start the eviction process all over again. Mr. Kunst reported the Police came one time, and could not find any drugs at the time they searched the man' s room, and the representative from Ecumenical Housing told Mr. Kunst not to take any further action or it would take another 90 days to try to evict the man. Mr. Kunst stated that since the time the police came, and since they have evicted this man, the drug activity has gone way down, as well as the amount of people who congregate in front of the building. Mr. Kunst stated he just wanted to testify that St. Vincent de Paul does not want any drugs at the dining hall, but some of the people they do deal with have that habit. However, he stated that to take the small amount of people who cause the problem, and then blame everyone in the dining room, is totally unfair. Mr. Kunst stated he felt the crime wave is no different on "B" Street than any other street in this community. He reported he had read the newspaper this evening, and there were three car thefts by people outside the community SRCC MINUTES (Regular) 4/1/96 Page 9 who happened to get picked up on Highway 101. He stated that if we want to put everything into the categories of kids racing up and down Novato Boulevard, and say that every kid should be banned from racing up and down, then it is the same thing as saying that because one guy, or a couple of guys, raised hell at the dining room, then the dining room should be shut down and affect the 290 people who do not cause any problems, and is totally unjust. Seamus Kilty, President of the Board of Directors of St. Vincent de Paul, addressed the Council, referring to his letter of April 1, 1996 to the Marin Independent Journal, which has been copied and forwarded to the members of the Council. Mr. Kilty stated that after the spectacular headlines that have been appearing in the Marin I.J. during the past few days there was a variety of reactions from the Board members, noting some stated they should not throw any more barbs, as enough have been thrown, while others felt they should "roast some people". Mr. Kilty reported that after discussion they came to some conclusions, and the result was this letter to the Marin Independent Journal, noting the crux of the matter is summed up in the last paragraph of the letter, which reads, "The sensational headlines of the past week will surely be used against the Dining Room when we ultimately go before the City for approval of a new location. If the neighbors really want the dining room to relocate, they must calm down and lower their voices. A genuinely positive contribution to the process of relocation will help to achieve our common goal. Panic, false accusations and public threats serve only to stir up the passions of opposition and ultimately slow the process of relocation." Mr. Kilty stated he feels this is absolutely true, noting that every time someone paints them with a black brush it means their potential new neighbors are going to view them from that potential point of view, and say, "We do not want them here, and we will use any means available to us to prevent the dining room from relocating." Mr. Kilty recalled that, some time ago, he was attempting to get some senior housing built, and the neighbor did not want the housing built there. He noted these were people with a great deal of means, and one of their means was access to the legal profession. Mr. Kilty stated these people dragged the project all the way through the California Supreme Court, and three years later, and about $250,000 later, they finally prevailed by buying the parcel of land out from underneath them, because the Supreme Court had ruled St. Vincent de Paul's senior housing had a right to be there. Mr. Kilty stated he knew that if a location was found that St. Vincent de Paul found acceptable and the City found acceptable, and then tried to convince the neighbors to accept the relocation, if the neighbors continue to read these negative things about the dining room, then they will carry the City and St. Vincent de Paul, at great expense and great time wasting, all the way to the Supreme Court. Mr. Kilty stated he was asking everyone to please refrain from blackballing St. Vincent de Paul's Dining Room, because it is guaranteed to have a negative impact.Councilmember Zappetini stated that over the years there had always been a sign posted over the doorway stating the kitchen was open and serving from 11:00 AM to 2:30 PM, but noted that lately it seems to be open at 7:00 AM, and there seems to be a problem with people hanging around outside on the street in front of the dining hall, harassing people as they walk past. Mr. Zappetini asked if there is a rule as to when the kitchen opens and closes? Mr. Kilty stated the dining room opens in the wintertime at 7:30 AM, and at 8:30 AM in the summertime, noting anyone seen at the dining hall before 7:30 AM would have to be a staff member, guaranteeing Mr. Zappetini that the dining hall does not serve anyone prior to 7:30 AM in the winter, and 8:30 AM in the summer. He stated St. Vincent de Paul tries to offer the people who are homeless an opportunity to come in and get dry, and get some hot coffee, noting that if they are not doing that at the dining hall, then they are out bothering other people. Mr. Kilty reported this had been done at the request of the New Home Committee, approximately two years ago. Councilmember Zappetini asked if the dining hall has the capability of installing a partition inside so the people who smoke can smoke inside the building instead of outside on the street? Mr. Kilty stated they would like to, but do not have the ability to separate those areas, agreeing that it would be good to have the people smoking inside rather than on the street, but noting they cannot do this because of the City's Smoking Ordinance. Mr. Zappetini asked if it was a matter of not having the room or not having the funds to accomplish this, and Mr. Kilty stated they did not have the room. Mr. Kilty reported one of the things he and Mayor Boro had discussed, in organizing the Mediation Group, was the possibility of identifying ways of operating the dining room which could ameliorate some of the problems confronting the dining SRCC MINUTES (Regular) 4/1/96 Page 10 room and the neighbors on a daily basis. Mr. Kilty stated they are very open to that, noting there is a new spirit, and he looks forward to moving ahead with the City, Mr. Cohen, and the other members of the Committee, to find something everyone finds agreeable, and which will benefit the entire community. Mr. Zappetini asked if a timeframe had been established, and Mayor Boro reported the Committee will be meeting in April and May, and hope to have something concluded for discussion within the June timeframe. Mr. Kilty noted it has been difficult deciding on a time that everyone can meet, but felt once the first meeting was held, it should be fairly regular after that. Councilmember Heller told Mr. Kilty she felt sure that, working with the Mayor and the Foundation, they were all going to be able to reach a consensus and look at the different ways the community can be served, and meet the needs of the dining hall, City and the neighbors. Ms. Heller stated she had been under the impression that St. Vincent de Paul did have a security guard on site, who was able to oversee the clients, and this was the first time she had heard they did not have one. Mr. Kilty stated the dining room does have a security guard, noting in 1992 the New Home Committee requested St. Vincent de Paul hire a Manager and a full-time security guard, which they did. Mayor Boro asked if the security guard is out on the street and doing anything while things are happening? Mr. Kilty stated they have a security guard on staff, and that he circulates continuously, noting he also has the authority to 1186" people for violating the rules. Councilmember Heller stated she had been looking at the area recently and did not see anyone who looked like a security person. Mr. Kunst stated the security guard is there, but he is not dressed in a security uniform, he wears a St. Vincent de Paul button indicating that he is a security guard. Mr. Kunst reiterated the guard does have the authority to tell someone to leave the dining hall and has, in fact, called the police when there have been problems. He state the guard patrols the alley and checks the front of the building, and is on duty at the dining hall from 7:30 AM until 2:00 PM. Councilmember Phillips referred to the last paragraph of Mr. Kilty Is letter, noting he felt it had real merit. Mr. Phillips stated he was concerned about the consequences of not fully grasping the issues of altering operations, noting that if we count on relocation, in the short term, we are only kidding ourselves. He stated this has been a long process, and the relocation is not going to come soon; therefore, Mr. Phillips is counting on an indication of changes in operation. Mr. Phillips stated he is getting a feeling that there is a spirit of cooperation with regard to change, and is encouraged by Mr. KiltyyIs letter and the demeanor of the attitude taken, noting he hopes it continues. Mr. Phillips stated the neighbors and the business people are looking forward to a change, noting they will certainly benefit if there is one. Mr. Kunst referred to an earlier question regarding the Smoking Ordinance, stating he had checked with then City Manager Pam Nicolai when the Ordinance first came out, and asked if the dining hall could get some relief in this area, but was told they could not, and that the law could not be changed. Councilmember Cohen stated he appreciated the spirit of Mr. Kilty's letter, and recognized the point he was trying to make, noting he felt there were a couple of things that needed to be done. Mr. Cohen reported that while the City and St. Vincent de Paul knew discussions were underway in an attempt to begin mediation and get past some of the stumbling blocks that have been encountered, others outside of the Council Chamber and the offices of St. Vincent de Paul have not been made aware of the progress of those discussions; therefore the frustrations from some of the neighbors has reached a boiling point. Mr. Cohen stated he felt this frustration and apparent lack of progress was more to the point than the notion of a crime wave, noting the City shares some of the burden in that, for not telling more people what the City and St. Vincent de Paul have been engaged in. Mr. Cohen stated they need to make an effort to publicize the efforts that are underway, not to build false hopes, but to publicize that the City and St. Vincent de Paul are working on the issue of the operation of the dining hall. Mr. Cohen referred to earlier comments regarding the need for changes in operation, noting he felt the problem would only be solved with a new location which will offer better facilities and allow them to do some of the things they need to do. He asked Mr. Kilty if he had read the petition the City received from some of the neighbors, and Mr. Kilty stated he had not. Mr. Cohen stated he would have a copy forwarded to Mr. Kilty, and suggested he have the appropriate SRCC MINUTES (Regular) 4/1/96 Page 11 person contact the neighbors, informing them of some of the steps St. Vincent de Paul has taken in trying to alleviate some of these problems, and to discuss what can be done in the interim. Mr. Cohen stated he recognizes some of the steps St. Vincent de Paul has taken to adopt a good neighbor policy over the years. Mr. Cohen reported he had discussed this issue with a newspaper reporter who was new to this issue, noting the statements attributed to him in the original article last week misquoted him. He stated it was a very brief summary, and missed the point of his remarks, noting he does not believe that everything can be laid at the feet of St. Vincent de Paul. Mr. Cohen stated he is not saying this to back -off from what his position has always been, and continues to be, that relocation is the answer with regard to St. Vincent de Paul's dining hall, but he feels there are a number of problems there. Mayor Boro stated there was one sentence in Mr. Kilty's letter which he felt was of particular importance and quoted, "A common goal of the City and St. Vincent de Paul is to relocate the dining room to an alternate site that will better serve the needs of both the homeless population and the business community". Mayor Boro reported St. Vincent de Paul has consistently stated they are willing to move, and the key will be to find a location. St. Vincent de Paul has also stated they are looking to improve their current operation, as well as the future operation. Mayor Boro asked Acting City Manager Golt to pursue the issue of smoking, and to determine if there is some way a variance might be possible on that site because of the problems that occur. He asked her to see if the City might be able to address this without weakening the Smoking Ordinance in restaurants, and to see if there is some way the City can make an accommodation through an Ordinance change specifically to that site. Ms. Golt stated she has already spoken with the Assistant City Attorney regarding this issue, and has posed these questions, noting she is awaiting a reply. Sandra Sellinger, resident of San Rafael, addressed the Council, stating she had been particularly moved by the gentleman who felt we should watch any bad remarks about St. Vincent de Paul's kitchen, as it could cause future problems. Ms. Sellinger stated she wished to speak -up for the kitchen, due to a problem in her own family. She asked that when considering where St. Vincent de Paul will be moved, everyone consider that not just the homeless people use the kitchen, but also residents of San Rafael. Councilmember Cohen referred to the discussions of drug activity, noting Mr. Kunst had stated he did not believe there had been any problems at St. Vincent de Paul's dining hall since 1991. Mr. Cohen stated his own experience, which is based on observations and calls from constituents, leads him to believe there is a cyclical problem on "B" Street with drug activity. He stated the last couple of times the trouble seemed to be focused around the 7-11 convenience store, and another time it might be focused on the block of "B" Street where the kitchen is located. Mr. Cohen stated this is not a new phenomenon but, clearly, the attention focused on it has an impact, and he does not believe that drug activity disappears in the City of San Rafael, but noted we have clearly seen that, in the past, when the Police Department focuses attention on "B" Street, the problem shifts off of "B" Street. The thing that concerns him is that he looked at the list of arrests and noticed most of the arrests in February and March were for public drunkeness, and it was not until mid-March that there were arrests for loitering for the purpose of dealing drugs, and three arrests for possession of drug paraphernalia on March 14th, 15th and 16th, leading up to an end to the increased police activity on March 17th. Councilmember Cohen stated that even if there is a significant cost in overtime, the City needed to look at continuing this effort. If there is an impact on operations in the Police Department and they cannot sustain this effort, that is one issue, but if it is just the cost in overtime, the City may have to decide we have to pay that cost until there has been enough of an impact on this problem, particularly on the drug dealing, to drive it away again. Mr. Cohen stated he would urge the Police Department to continue this effort, in whatever the most effective form is, until we can push some of that element out. Councilmember Cohen stated Mr. Kunst, in his letter written in January, had discussed a host of other issues in addition to drug dealing, and he felt those issues could be partially addressed by an active, visible presence by a uniformed Police Officer, and he asked Chief Krolak to look at this. Mr. Cohen stated he was not looking at arrest statistics or calls for serious crimes, he was looking at what the perception of that street is like, noting we can all weigh how important we think perception is. Mr. Cohen stated he felt he had a sense SRCC MINUTES (Regular) 4/1/96 Page 12 of what people experience when they go through that area, noting they do not feel safe, and he stated the City must help address that situation. Mr. Cohen stated he perceives the area as having gotten worse over the past year, and he feels the City has an obligation to address this issue, even if cost is an issue. Mr. Cohen told Mr. Kunst he felt it was worse in the area around the dining hall, from Albert Park up around "B" Street, and we must find a way to address the issue, both in the long-term and the short-term. Councilmember Cohen again suggested that St. Vincent de Paul contact the merchants. He stated community policing has been discussed in the past, and noted he had read an interesting article concerning efforts that are underway in other communities to work with residents and business owners to augment the eyes and ears of the Police Department; not to intercede in any activity taking place, but if there is something happening, and there is not someone right there who people can call and get a response from right away, perhaps we could use some of the neighbors who are concerned about having a positive impact to help with this situation, until we can come up with a more long-term solution. Mayor Boro referred to Ms. Bell's earlier statements regarding her fears and concerns, noting it is obvious that people do have these fears and concerns, and stating perception is an issue. Referring to Ms. Bell's questions regarding panhandling and loitering laws, Mayor Boro reported the City has been advised from the City Attorney that these laws have been challenged and found to be unconstitutional, noting Corte Madera did not initiate one. He stated these laws are very difficult to enforce, and the City has not attempted to enact such laws. Mayor Boro stated he has always respected the rights of the homeless people to exist, but noted the rest of the community has the right to exist and to use the street, free of fear and with full enjoyment. He stated there is a very thin line and sometimes people cross it, and what we were hearing was that the line has been crossed, to some extent, by homeless people or people in the area of the dining room, not necessarily attributed to the dining room, but that is where they happen to be. Mayor Boro stated the City must continue to sustain the effort there, and let people know we are serious about laws being observed and people having the right to use our streets and not be fearful. Mayor Boro asked Chief Krolak to return to the Council with an approach to this problem, and if there is a problem with the cost, that will also be addressed. Mayor Boro noted St. Vincent de Paul is looking very seriously at their operation, and he is convinced they will begin to initiate change where they know there are troublemakers, and believes they will address that more actively than they have in the past. Jim Strong, Vice President of the San Rafael Police Officers Association, addressed the Council, stating he felt it was incumbent upon him, as a City employee, to point out some issues that concern the rank and file. He stated it might seem, at first glance, as though the most appropriate tactic to take with this problem is to simply authorize the overtime and instruct the Chief of Police to allocate the manpower to attack what is perceived to be this crime problem, and a social problem which seems to be centrally located around "B" Street. Officer Strong felt he must caution the Council that overtime is not the sole criteria in judging how to deal with this problem. He stated a very important criteria they should all be looking at is the toll and the stress that the forced overtime, stressing the word "forced", required for any type of special, concentrated enforcement project the Police Department conducts will take on the rank and file officers of the department. Officer Strong stated he wanted to bring this point to Council's attention. Officer Strong stated, with respect to the reinstatement of a Street Crimes Unit, the Police Department's staffing problems are persistent, they do not lend the Department the ability to effectively staff a special Street Crimes Unit, whether it be for concentrated specialized patrol efforts in the Canal, or the west part of the Gerstle Park area, or the 800 and 900 blocks of "B" Street. Officer Strong asked the Council to please keep that in mind, for the sake of the rank and file Police Officers, who are the ones who, with hopefully well defined criteria relayed from the Council to the Chief of Police, will be the ones doing the work. Officer Strong noted the Police Officers have quarterly, in-house training, which is necessary in keeping the City out of lawsuits and enhancing the Police Officers' abilities. He stated that constitutes a tremendous amount of overtime cost to the City and to the community. Mayor Boro stated as far as he was concerned the Chief of Police runs the Police Department, and how he chooses to approach this is up to him. Mayor Boro noted that if Chief Krolak feels he has a staffing problem, that is his issue to SRCC MINUTES (Regular) 4/1/96 Page 13 deal with, and he can address it with the Council at budget time. Councilmember Phillips stated he was unclear as to what the Council's direction is at this time. Mayor Boro stated the Committee will begin working on the problems of relocation and operation, and he believes the Chief has gotten the message that the Council is concerned about this issue, and they do not want to see the activity, from a Police point of view, decrease by any significant amount. He stated the City will want to have a significant presence there, and expects Chief Krolak to carry that out, and if he has a problem with funding, whether it be overtime or additional forces, he will come back before the Council. Councilmember Phillips stated part of the response to Officer Strong was that Chief Krolak had been given direction by the Council to go out and do something under those marching orders, noting he was unclear as to what those marching orders are. Mayor Boro stated he felt the whole discussion with Officer Strong was out of line, as the Council was not discussing the Police Budget or the philosophy of how to run the Police Department, they were discussing a potential crime issue and the concern of the community about certain activities on "B" Street. Mayor Boro stated he did not believe it is the Council' s job to run the Police Department, it is Chief KrolakkIs job, and if he needs more resources, he will come before the Council. Mr. Phillips agreed it was not the Council's job to run the Police Department, but stated he was still unclear as to whether the Council had provided specific direction to Chief Krolak or not. Mayor Boro asked Chief Krolak what he felt he was supposed to do as a result of the discussion, and Chief Krolak responded he understood that he was to continue the Police presence in the "B" Street area, and it was his responsibility to decide how to do that. Councilmember Heller stated she felt the Council was, perhaps, asking for a little more structure, in addition to continuing the Police presence in the area. She noted Councilmember Cohen had specifically asked that the Police Department talk to the neighbors, and she suggested Chief Krolak clarify, either at a public meeting or through the Friday Memo, the steps he has decided to take in addressing this problem, and then clarify that plan with the Management Team and Council. Ms. Heller felt there were many steps Chief Krolak could take, beginning with a follow-up on the Smoking Ordinance and talking to the neighbors, and perhaps giving them a specific telephone or beeper number they can call if there is any problem. Ms. Heller reported she had spoken with neighbors across the street, noting they see a lot of activity going on, and she felt that if they were given permission, they would assist the City in helping St. Vincent de Paul become a good neighbor. Acting City Manager Golt stated it seemed there had been a number of good suggestions as to how the Police Department could continue to maintain a presence in the area, and she suggested it might be appropriate for she and Chief Krolak to get together and develop a report for the Friday Memo, outlining how that presence can happen. Mayor Boro stated he would rather they bring their plan back to the Council at the next meeting for discussion, and to give the public the opportunity to hear about it. Mayor Boro stated the point is that the City must continue its vigilance, and if Chief Krolak decides his resources are inadequate or that he needs to do more, then he would look for him to come before the Council and tell them that. Mayor Boro suggested that over the next couple of weeks Chief Krolak evaluate the short and long-term aspects of this issue, and what he feels it will take to accomplish our goals. 23. CITY COUNCIL REPORTS: None There being no further business to come before the Council, the meeting was adjourned at 9:45 PM. SRCC MINUTES (Regular) 4/1/96 Page 14 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1996 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 4/1/96 Page 15