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HomeMy WebLinkAboutCC Minutes 1996-08-19SRCC MINUTES (Regular) 8/19/96 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 19, 1996 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBER Mayor Boro announced Closed Session items. CLOSED SESSION - 7:00 PM - CONFERENCE ROOM 201 1. Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators: Suzanne Golt/Daryl Chandler Item not discussed. • Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a)): a. Suter, et al. v. City of Lafayette, California 1st District Court of Appeal (Request for City of San Rafael participation as amicus party) City Attorney Ragghianti announced the Council voted unanimously to approve participation as amicus party. b. Hillsboro Properties v. City of Rohnert Park, Federal 9th Circuit Court of Appeal (Request for City of San Rafael participation as amicus party) City Attorney Ragghianti announced the Council voted unanimously to approve participation as amicus party. • Conference with Legal Counsel - Anticipated Litigation (Government Code Section 54956.9(c)): One case. City Attorney Ragghianti announced no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM LABOR NEGOTIATIONS WITH SAN RAFAEL POLICE OFFICERS ASSOCIATION - File 7-8-3 Jim Strong, Vice President of the San Rafael Police Officers Association addressed the Council, referring to the Memorandum Of Understanding (MOU) which was being presented to Council for approval this evening. Officer Strong stated the process used to develop the MOU was as important as the document itself, noting the process was one of total cooperation and was a collaborative effort. Officer Strong stated credit was due Mayor Boro and the Councilmembers for keeping the goal in mind, and ensuring that the process instilled in February of this year was maintained throughout the contract negotiations. He noted the Association also wished to give credit to Suzanne Golt, who was Acting City Manager when the Association and the City began negotiations in February. CONSENT CALENDAR Councilmember Cohen moved and Councilmember Heller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Approved as submitted. Monday, August 5, 1996 (CC) SRCC MINUTES (Regular) 8/19/96 Page 1 3. Resolution of Finance Director RANSOM COLEMAN, Appreciation to (CM) - File 102 FINANCE DIRECTOF SRCC MINUTES (Regular) 8/19/96 Page 2 Ransom Coleman, 9-3-20 RESOLUTION (19 Years of Service). RESOLUTION NO. 9663 - OF APPRECIATION TO 5. Resolution Authorizing Execution of RESOLUTION NO. 9664 - Professional Services Contract with RESOLUTION AUTHORIZING Paul Jensen, as Project Planner for EXECUTION OF PROFESSIONAL the Fair, Isaac's Permit Applications SERVICES CONTRACT WITH PAUL and EIR (P1) - File 4-3-315 x (SRRA) R-368 JENSEN (From 8/20/96 and Ending on 8/20/97). 6. Replacement of North San Rafael Vision recommendation; Steering Committee Member (P1) - File 9-2-51 the North San Rafael Approved staff a. Appointing Jeffrey Moss to replace Karen Fenwick on Steering Committee. 7. Resolution Accepting Grant Deed for a Portion RESOLUTION NO. 9665 - of Deer Valley Road Right of Way From TCR #412 RESOLUTION ACCEPTING GRANT Deer Valley Limited Partnership, Deer Valley DEED FOR PORTION OF DEER Apartments (Formerly Known as Oakridge VALLEY ROAD RIGHT OF WAY FROM Apartments) (PW) - File 2-1-81 TCR #412 DEER VALLEY LIMITED PARTNERSHIP, DEER VALLEY APARTMENTS (FORMERLY KNOWN AS OAKRIDGE APARTMENTS). 8. Resolution Approving Condominiums (PW) - File CONDOMINIUM SUBDIVISION Map of Channing Knoll RESOLUTION NO. 9666 - 5-1-330 RESOLUTION APPROVING ENTITLED "MAP OF CHANNING KNOLL CONDOMINIUMS". A 9. Agreement Between Marin Street Light Acquisition RESOLUTION NO. 9667 - JPA and the City of San Rafael to Manage the RESOLUTION AUTHORIZING THE Baseline Surface Runoff Pollution Prevention AGREEMENT BETWEEN MARIN STREET Program (MCSTOPPP) (PW) - File 4-4-6b LIGHT ACQUISITION JPA (MSLAJPA) AND THE CITY OF SAN RAFAEL TO MANAGE THE BASELINE SURFACE RUNOFF POLLUTION PREVENTION PROGRAM (the MCSTOPPP Program) (From 7/1/96 and Ending on 6/30/97). 10. Resolution Awarding Contract for the RESOLUTION NO. 9668 - Street Resurfacing Project - 1996 to RESOLUTION OF AWARD OF Bauman Landscaping Inc. in the Amount CONTRACT RE: STREET of $625,757.15 (PW) - File 4-1-481 x 11-15 RESURFACING PROJECT - 1996; PROJECT NO. 006-4069-647-8000 (to Bauman Landscape, Inc., Lowest Responsible Bidder, in Amount of $625,757.15). 11. Resolution Amending Resolution No. Accepting Grant Deed for Portion of Rice Drive's Right of Way From Roland A. Bacci and Beverly A. Bacci, Trustees, or Successor Trustee(s) Under the Roland and Beverly Bacci Family Trust U/A/D/4/19/90 as Amended - Parcel Map for Lands of Bacci (594-11) - File 2-1-80 FAMILY TRUST U/A/D/ 9574, RESOLUTION NO. 9669 - RESOLUTION AMENDING RESOLUTION NO. 9574 ACCEPTING GRANT DEED FOR PORTION OF RICE DRIVE'S RIGHT OF WAY FROM ROLAND A. BACCI AND BEVERLY A. BACCI, TRUSTEES, (PW) OR SUCCESSOR TRUSTEE(S), UNDER THE ROLAND AND BEVERLY BACCI 4/19/90 AS AMENDED - PARCEL MAP FOR LANDS OF BACCI (S94-11). 12. Authorization to Call for Bids for recommendation. Traffic Signal Installations at: (PW) File 4-1-482 x 11-10 • Bellam Blvd./Kerner Blvd. • McInnis Parkway/Civic Center Drive Approved staff 14. Resolution of Appreciation to Friends of RESOLUTION NO. 9670 - the San Rafael Public Library (Lib) RESOLUTION OF APPRECIATION TO - File 102 x 9-3-61 THE FRIENDS OF THE SAN RAFAEL LIBRARY ($30,000 in Private Donations Raised to Purchase New Furniture for SRCC MINUTES (Regular) 8/19/96 Page 2 library). 15. Resolution Amending 1995/96 Budget - V;io a -R JSUDL7 "1' . SRCC MINUTES (Regular) 8/19/96 Page 3 (Fin) RESOLUTION NO. 9671 - RESOLUTION AMENDING THE 1995/96 16. Monthly Investment Report (Fin) Accepted report. - File 8-18 x 8-9 17. Resolution Authorizing Renewal of Lease of This item was pulled Glenwood School Property (Rec) from the Agenda at request of - File 4-7-21 staff. 19. Resolutions of Appreciation to Clean-up Day RESOLUTION NO. 9672 - Site Supervisors (Per) - File 102 RESOLUTION OF APPRECIATION TO DEON ABRUZZO. RESOLUTION NO. 9673 - RESOLUTION OF APPRECIATION TO ENRICO ABRUZZO. RESOLUTION NO. 9674 - RESOLUTION OF APPRECIATION TO TONI ABRUZZO. RESOLUTION NO. 9675 - RESOLUTION OF APPRECIATION TO SUE BEITTEL. RESOLUTION NO. 9676 - RESOLUTION OF APPRECIATION TO KEVIN BLUM. RESOLUTION NO. 9677 - RESOLUTION OF APPRECIATION TO CENTERPOINT. RESOLUTION NO. 9678 - RESOLUTION OF APPRECIATION TO RAY COX. RESOLUTION NO. 9679 - RESOLUTION OF APPRECIATION TO MIKE McGUIRE. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Cohen (from Item #2 only, due to absence from meeting) The following items were removed from the Consent Calendar for further discussion: 4. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1701 -- AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PD (PLANNED DEVELOPMENT) DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: ZC96-4, 1499 LUCAS VALLEY ROAD, AP NO. 165-010-89) (SINGLE-FAMILY ESTATE) (P1) - File 10-3 x 10-5 x 10-7 Councilmember Cohen stated he was abstaining from this item, as he was not present at the Public Hearing of August 5, 1996 when this Ordinance was passed to print. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM PD (PLANNED DEVELOPMENT) DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: ZC96-4, LUCAS VALLEY ROAD, AP NO. 165-010-89) (SINGLE-FAMILY ESTATE)" Councilmember Miller moved and Councilmember Phillips seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only and approve final adoption of Ordinance No. 1701, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Cohen (due to absence from Public Hearing of August 5, 1996 when Ordinance was passed to print). 13. PURCHASE COMPUTER SOFTWARE AND NOTEBOOK COMPUTERS FOR COPS MORE GRANT: (PD) - File 4-2-289 x 9-3-30 a. RESOLUTION AUTHORIZING CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH IMPACT SOLUTIONS, INC. FOR AN INTEGRATED POLICE REPORT WRITING SYSTEM. b. RESOLUTION AUTHORIZING PURCHASE OF NOTEBOOK COMPUTERS FROM COMPUCOM, INC. Councilmember Cohen questioned the timing of this recommendation, noting the City SRCC MINUTES (Regular) 8/19/96 Page 3 SRCC MINUTES (Regular) 8/19/96 Page 4 has been discussing the issue of increasing the City's computing power and changing the way in which we manage information systems. He asked if the system being proposed was going to be completely a "stand alone" system, now and in the future, or something we might want to look at integrating with some of the other changes we hope to make within the City? Mr. Cohen stated he understood this was grant funded, and because of that, time was a factor, but he wondered whether this has been considered in light of some of the other changes the City is considering making? City Manager Gould stated the purchase of the laptop computers for the Police Department would be fully compatible with the future direction of the Information Systems citywide, and he would not recommend waiting on this for any change in the overall direction of MIS (Management Information Services) for the City, as he is very sure this will be viewed as a compliment to the overall Police Information System. Councilmember Phillips noted we are talking about the purchase of $46,000 worth of equipment, and asked if the City had gone through the bidding process, and if we were sure this was the lowest price for the equipment that we need? Police Commander Gene Pennington stated a bidding process had been conducted in the past, but all of the bids had been rejected, for a number of reasons. He reported they had found that Merced County was using a Cooperative Purchasing Agreement, and staff determined the City could piggyback on that agreement, noting they contract with the State PC store. Councilmember Phillips asked if Commander Pennington was comfortable that this was a very good price, and Commander Pennington stated that he was. Councilmember Phillips stated three of the Councilmembers have gone through the Citizens Police Academy, and he was struck by how many forms must be filled out by an arresting officer. He noted this seems like a logical application, and was pleased to see that the Police Department will now be able to apply a most simplistic and time saving application to free -up our officers to better utilize their time. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt a Resolution authorizing the signing of an agreement for professional services with Impact Solutions, Inc. for an Integrated Police Report Writing System. a. RESOLUTION NO. 9680 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH IMPACT SOLUTIONS, INC., FOR AN INTEGRATED POLICE REPORT WRITING SYSTEM FOR THE SAN RAFAEL POLICE DEPARTMENT (One-year Agreement Commencing August 20, 1996 and Ending on August 19, 1997 for $78,951.00). AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCILMEMBERS: None Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution authorizing the purchase of notebook computers from Compucom, Inc. for an Integrated Police Report Writing System. b. RESOLUTION NO. 9681 - RESOLUTION AUTHORIZING THE PURCHASE OF NOTEBOOK COMPUTERS FROM COMPUCOM, INC., FOR AN INTEGRATED POLICE REPORT WRITING SYSTEM FOR THE SAN RAFAEL POLICE DEPARTMENT FOR $46,160.46. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCILMEMBERS: None 18. ADOPTION OF RESOLUTION AMENDING RESOLUTION No. 9237 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR SAN RAFAEL POLICE ASSOCIATION PERSONNEL (3 YEAR AGREEMENT FROM 7/1/96 through 6/30/99) (Per) - File 7-8-3 Councilmember Cohen referred to Officer Strong's earlier comments regarding the labor negotiations with the Police Association, noting he echoed Mr. Strong's sentiments. Mr. Cohen stated it had been a pleasure negotiating with the bargaining groups, and he was pleased to recognize the work done by staff, Assistant City Manager Golt, and Personnel Director Daryl Chandler. Mr. Cohen stated he felt everyone should feel proud for all that had been done to mend the rift and turn this into a positive process, and he hoped this points the way to the future for US. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution amending Resolution No. 9237 pertaining to the compensation and working conditions for San Rafael Police Association Personnel. SRCC MINUTES (Regular) 8/19/96 Page 4 SRCC MINUTES (Regular) 8/19/96 Page 5 RESOLUTION NO. 9682 -RESOLUTION AMENDING RESOLUTION NO. 9237 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL (3 Year Agreement From 7/1/96 Through 6/30/99). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 20. RESOLUTION ENDORSING MARIN MUNICIPAL WATER DISTRICT (MMWD) ADVISORY VOTE ON FIRE FLOW FEE (FD) - File 151 x 9-3-31 x 9-4 Mayor Boro introduced Hal Brown, Chairman, Marin County Board of Supervisors and Jack Gibson, President, Marin Municipal Water District (MMWD). Supervisor Brown thanked Mayor Boro for giving them the opportunity to address the Council. Supervisor Brown reported the Fire Flow Committee has just completed a painstaking and exhaustive two-year analysis and study of the water delivery system in the County, noting the result of that analysis is Measure L, which will be on the November ballot and addresses the $62 million assessment, often referred to in the Marin Independent Journal as a $77 million assessment, which will be assessed by the MMWD to those within the District. Supervisor Brown reported the current system of delivering water is woefully inadequate, and we are in a very precarious position should there be a wildland fire. Supervisor Brown noted that partners in this effort have been members of the public, members of the Marin County Council of Mayors and Councilmembers, members of virtually all the Fire Departments in the County, the Marin County Board of Supervisors, and Jack Gibson and Jerad Huffman of the Marin Municipal Water District. Supervisor Brown stated he had been active in Marin County for over the past two decades, and in his estimation, this was the most important, significant issue to come before the voters in the past twenty years. Supervisor Brown reported Mayor Boro had provided an extraordinary amount of leadership, Countywide, regarding this issue, noting he and the Fire Flow Committee are very grateful, and eventually the people of Marin County will be grateful, for all the work Mayor Boro has done. Supervisor Brown stated he and Mr. Gibson were asking for the Council' s full support and endorsement of Measure L, noting it will provide the people of Marin County an avenue to feel a lot safer, both from a seismic standpoint and from a water delivery standpoint. Councilmember Phillips asked what the actual amount of the assessment would be? Supervisor Brown stated it would be a total of $62 million, and Mayor Boro explained the assessment would be broken down to $75 per parcel per year for the next fifteen years. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt a Resolution expressing endorsement of the Marin Municipal Water District's Advisory Vote on a fee for Fire Flow improvements. ADOPTED RESOLUTION NO. 9683 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL EXPRESSING ITS ENDORSEMENT OF THE MARIN MUNICIPAL WATER DISTRICT'S ADVISORY VOTE ON A FEE FOR FIRE FLOW IMPROVEMENTS. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Supervisor Brown noted the Marin Municipal Water District had originally been against the assessment, and this could not have been accomplished without the change in leadership at MMWD. Supervisor Brown thanked Jack Gibson and Jerad Huffman for spearheading that effort, noting MMWD has taken a very proactive role in this process. SPECIAL PRESENTATIONS: 21. PRESENTATION OF RESOLUTION OF APPRECIATION TO RANSOM COLEMAN, FINANCE DIRECTOR (CM) - File 102 x 9-3-20 Mayor Boro presented a Resolution of Appreciation to Finance Director Ransom Coleman, SRCC MINUTES (Regular) 8/19/96 Page 5 SRCC MINUTES (Regular) 8/19/96 Page 6 noting he has been with the City of San Rafael for over nineteen years, and will now become the new Finance Director for the Marin Municipal Water District. Mayor Boro thanked Mr. Coleman and commended him for the fine job he has done for the City of San Rafael, and wished him much luck at Marin Municipal Water District. Mr. Coleman stated there had been a lot of challenges during the past nineteen years, and noted he will really miss the people he has worked with over the years. 22. PRESENTATION OF RESOLUTION OF APPRECIATION TO FRIENDS OF THE SAN RAFAEL PUBLIC LIBRARY (Lib) - File 102 x 9-3-61 Mayor Boro asked Marjorie Klamp, representing the Friends of the San Rafael Public Library, to join him at the podium. Mayor Boro explained the Friends of the San Rafael Public Library was an independent, non-profit group that promotes the library throughout the City, noting there are currently 465 members. Mayor Boro stated the Council was presenting a Resolution of Appreciation to the Friends of the San Rafael Library not only because they have gotten the organization up and running and developed a good network of support within the City, but also to recognize that they recently had a fund drive and raised $30,000, which they have used to acquire new furniture for the library. Mayor Boro thanked the Friends of the San Rafael Public Library for their fine efforts . Marjorie Klamp, President, accepted the Resolution of Appreciation on behalf of the members of the Friends of the San Rafael Public Library, noting the Resolution was being accepted on behalf of the 465 members who are willing and happy to work for the City's Library. She acknowledged the members of the Friends of the San Rafael Public Library Steering Committee, whom she described as the "worker bees" of their group. Ms. Klamp reported there will be a 90th Birthday Party for the San Rafael Public Library, on September 21, 1996 from 1:00 PM to 3:00 PM, on the lawn at the Library. She urged everyone to attend, stating there will be a band, cake and punch, and noting they are counting on over 200 people to attend. 23. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO CLEAN-UP DAY SITE SUPERVISORS (CM) - TF, I,. IO2 Mayor Boro reported that shortly after the City had hired a Coordinator of Volunteer Services, Kevin Blum visited him and they discussed graffiti clean-up, and suggested the City contact the Abruzzo twins (Deon and Enrico Abruzzo). Mayor Boro stated the AbruzzoIsand Mr. Blum organized a Clean-up Day, with almost 200 adults and youth from all over Marin County participating. Mayor Boro presented them with Resolutions of Appreciation, and thanked them for their fine work. Mayor Boro then introduced Toni Abruzzo, mother of Deon and Enrico Abruzzo, who worked very hard with her sons, the day before Mother' s Day, to make the Clean-up Day such a success, noting Mrs. Abruzzo had stated it was the best Mother's Day present she could have. Mayor Boro presented Mrs. Abruzzo with a Resolution of Appreciation, and thanked her on behalf of the City. Enrico Abruzzo thanked everyone who helped with the graffiti clean-up, particularly the City and Lynn Emrich, without whom they would never have been able to get anyone to agree on anything. He especially thanked the kids who participated, noting their were over 149 kids who registered, as well many others who did not register. He stated they were the ones who kept the City clean, and they deserve the biggest round of applause. Deon Abruzzo stated that after a few years of college he could not wait to return to Marin County, and he wants to make sure it stays clean, noting the next Clean-up Day has already been scheduled for October 14th. Mayor Boro reported that in addition to the Abruzzo brothers and their team cleaning -up the Downtown area, there were four other people working as captains and coordinating the clean-up effort in other parts of town. He introduced Mike McGuire and Sue Biettel, who covered the Terra Linda area, and presented them with Resolutions of Appreciation, thanking them for their work for the City. Mayor Boro introduced Ray Cox, who worked as a team captain in the Montecito area, and presented Mr. Cox with a Resolution of Appreciation, thanking him for his fine work. Mr. Cox thanked Lynn Emrich for her help with this project, and the Federation of San Rafael Neighborhoods and the Montecito Neighborhood Association for their funding of this project. SRCC MINUTES (Regular) 8/19/96 Page 6 SRCC MINUTES (Regular) 8/19/96 Page 7 Mayor Boro presented Richard Jimenez, representative of Centertown, with a Resolution of Appreciation, noting he had recruited volunteers and spent a lot of time at Boyd Park. Mayor Boro stated he had been at Boyd Park recently for a picnic and the Park looked great, acknowledging that was because of the hard work of Mr. Jimenez and his team. On behalf of the City, Mayor Boro thanked Mr. Jimenez for his efforts. Mayor Boro announced the Council would take a short break from the meeting and have a small reception in the lobby to honor Finance Director Coleman, and all of those who received Resolutions of Appreciation. The Council recessed, and cake and coffee were served in the lobby. Mayor Boro reconvened the City Council Meeting. 24. PUBLIC HEARING - REQUEST FOR REVIEW OF ANNUAL COMPLIANCE CERTIFICATE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 AND CONSENT TO ASSIGNMENT BY TISHMAN SPEYER MEDIQ MARIN LIMITED PARTNERSHIP TO TRI UNDER DEVELOPMENT AGREEMENT (SMITH RANCH HOMES RETIREMENT PROJECT LOCATED ON REDWOOD DRIVE NORTH OF SMITH RANCH ROAD) (CA) - File 5-1-290 Mayor Boro declared the Public Hearing opened, and asked for the staff report. City Attorney Ragghianti reported this was the eighth or ninth year this issue had come before the Council in connection with a request from the developer for the issuance of Compliance Certificate. Mr. Ragghianti stated it was coupled this year by an additional request, referred to in the Resolution and the staff report, namely a request for an assignment of the remaining interests of Tishman Spear Mediq to an individual or entity, TRI Development Company. Mr. Ragghianti stated the staff report contains a copy of a letter from Tishman Speyer Mediq dated July 31, 1996, in support of the request for issuance of the Compliance Certificate. Mr. Ragghianti stated it should be noted that all of the requirements of the Development Agreement imposed as to the remaining lot, Lot #12, have been fully satisfied at this time, according to the developer. Mr. Ragghianti stated the partnership owner of the property had entered into a sale agreement with TRI Development Company for all of the remaining interest in the partnership. He noted one of the paragraphs in the Development Agreement requires that the City consent to an assignment, and he stated the City had no legal or other reason why the assignment should not be agreed to. Mr. Ragghianti stated he had asked that information concerning TRI Development Company be attached to the staff report for the Council's review, noting all of the letters which have been written have been included, as well as a copy of the pertinent page of the Development Agreement, which was entered into in 1985. He stated Tishman Speyer Mediq had adhered to each and every one of the obligations imposed upon them as the successor thereunder. There being no public comment, Mayor Boro closed the Public Hearing. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution authorizing issuance of a Certificate of Compliance and consenting to assignment of interests of Partnership owner under Development Agreement. ADOPTED RESOLUTION NO. 9684 - RESOLUTION AUTHORIZING ISSUANCE OF A CERTIFICATE OF COMPLIANCE PURSUANT TO GOVERNMENT CODE SECTION 65865.1 (SMITH RANCH HOMES DEVELOPMENT AGREEMENT) AND CONSENTING TO ASSIGNMENT OF INTERESTS OF PARTNERSHIP OWNER UNDER DEVELOPMENT AGREEMENT (To TRI Development Company). AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCILMEMBERS: None 25. PUBLIC HEARING - RESOLUTION AMENDING RESOLUTION NO. 9431 ESTABLISHING UNDERGROUND UTILITY DISTRICT IN THE VICINITY OF "A" STREET, SECOND, AND THIRD STREETS (PW) - File 6-51 Mayor Boro declared the Public Hearing opened, and asked for the staff report. Public Works Director David Bernardi stated the Resolution before the Council amends the original Resolution that set forth a timeframe for when property owners had to convert their services from overhead to underground, noting that date was June 1, 1996. Mr. Bernardi stated a second date was set for December 1, 1996, and that was the time by which the overhead poles and wires were to be taken down. SRCC MINUTES (Regular) 8/19/96 Page 7 SRCC MINUTES (Regular) 8/19/96 Page 8 He reported that due to a number of different reasons, primarily the time it takes to put together the plans and coordinate with the various services for all of the underground facilities, the City has had to extend the time for which we require the property owners to convert their overhead service to underground. Mr. Bernardi stated this Resolution extends that date from June 1, 1996 to February 17, 1997, and also extends the date for removing the poles and wires to March 31, 1999. There being no public comment, Mayor Boro closed the Public Hearing. Mayor Boro asked why we needed to wait until 1999 to remove the overheads, and Mr. Bernardi stated that was an incorrect date, and should be March 31, 1997. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution, as amended, amending Resolution No. 9431 establishing Underground Utility District in the Vicinity of "A" Street, Second, and Third Streets. ADOPTED RESOLUTION NO. 9685 - RESOLUTION AMENDING RESOLUTION NO. 9431 ESTABLISHING UNDERGROUND UTILITY DISTRICT IN THE VICINITY OF "A" STREET, SECOND AND THIRD STREETS (as amended - date corrected to March 31, 1997 for the removal of all poles, overhead wires, etc.). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS: 26. REPORT ON UNION STREET DRAINAGE (PW) - File 12-9 x 9-3-40 Public Works Director Bernardi reported an analysis had been conducted to look at the drainage problems on Union Street, noting the staff report includes two sketches. One is a low budget alternative which fixes the immediate problem but leaves the main problem still to be resolved, and a second drawing which shows the permanent solution which installs new pipe, new catch basins, and is really the ultimate solution to the problem. Mr. Bernardi explained that in analyzing their recommendation, staff looked primarily at the permanent solution, which he recommended as the right way to go. Mr. Bernardi stated that in looking at the big picture, all one needed to do was to look one street over where we have another drainage need of approximately $125,000, noting we need to put this particular project in that big picture context. Mr. Bernardi stated if the Council were to ask him which project he would recommend be built, he would recommend the Park Street project instead of the Union Street permanent solution, stating the temporary solution being recommended would solve the problem on a short term basis, and noting we will eventually need to come back and do the long term solution. However, because of other needs and requirements to the storm drainage in areas that are much more urgent, staff would recommend the Council not go with the permanent solution at this point in time. Mr. Bernardi also pointed out that the Budget Oversight Committee is working with staff to re -prioritize the various projects, and they are looking at the way projects are rated in order to get a more realistic approach to the work that needs to be done. Mr. Bernardi stated the Council, at their last meeting, adopted a Resolution which essentially raises funds to construct additional storm drainage throughout the City, and noted that funding will be used on the high priority projects. He stated staff recommends the permanent solution identified in this staff report be plugged into the priority rating system, and then the whole issue can be brought back to Council when all the storm drainage projects have been categorized. Mayor Boro asked Mr. Bernardi to explain to the public what happened with the Resolution Council adopted, with respect to the funding and how this will be possible in the future. Mr. Bernardi reported the Council adopted a Resolution which charges each property a fee of $20 per parcel for the upcoming year, and then that fee will increase by $2 every year for the next four years, for a total of $28 per parcel. Mr. Bernardi explained that money is meant to do two things; first, it is to pay for the City' s share of the Storm Drainage Clean Water Program SRCC MINUTES (Regular) 8/19/96 Page 8 SRCC MINUTES (Regular) 8/19/96 Page 9 for the entire County of Marin, and the other part of it is to be used for Clean Water projects in the City of San Rafael; capital improvement projects that will improve the storm drainage system to eliminate silt and debris from washing into the San Francisco Bay. Mr. Bernardi reported the program will raise approximately $3 million over the next five years, and staff is currently in the process of working with the Budget Oversight Committee to prioritize projects which would be funded over the next five years. Mayor Boro asked Mr. Bernardi what his expectation was of this project being on that list? Mr. Bernardi stated he did not want to make a commitment that we could not keep, and noted he did not know where this project would fall in line with the rest of the projects because there are a number of other projects which he felt were far more critical than this one. Councilmember Heller asked Mr. Bernardi when the Council would be getting the list and looking at the priorities? Mr. Bernardi stated Assistant Public Works Director Matt Naclerio had been working with the Budget Oversight Committee, and he expected the list should be completed within the next couple of months, noting they had spent a lot of time working on the different categories and how points are added to a category, and they have not quite fine-tuned the process. Ms. Heller asked for an estimate of how many projects would be included on this list. Mr. Bernardi referred to the list given to the Council at the last meeting, noting it contained approximately $16 million worth of work; however, that was not all urgent work, just a list of all the necessary storm drainage improvements that were identified over the last number of years. Mr. Bernardi stated staff needs to use the rating system the Budget Oversight Committee is now working on, and they can then develop a list of those top urgent projects which can be funded through the money being raised under the Storm Water Program. Larry Urse, 196 Union Street, stated he and his neighbors had met several times during the past winter to discuss what could be done about this situation, and he distributed photographs showing the area after the rain. Mr. Urse noted Mr. Bernardi is proposing they cover in one ditch, and referred to the photographs which had been taken from below the ditch, which show a "mountain" that comes down Jewell Street and opens into "flatlands". Mr. Urse stated there is nowhere for the water to go, pointing out that it floods completely across the street, down below where Mr. Bernardi suggests making "band-aid" solutions, and he stated it will not take care of the flooding. Mr. Urse stated Mr. Bernardi suggested installing a berm across the front of his property, but Mr. Urse pointed out that there are no curbs or gutters at the house on the corner, and he felt the berm should at least extend from around his property, the Nave property on the corner, and connect into the gutter on Park Street. He stated that, ideally, the City should bite the bullet, fix the problem, and be done with it, and then the Council would not have to listen to the neighbors coming back, noting they will be back year after year until this problem is fixed. Don De Fina, 123 Union Street, stated this was a problem that really needs to be addressed, and noted the neighbors will continue to be before the Council until it is addressed. Mr. De Fina pointed out that Union Street is a main thoroughfare going into the Montecito Valley/Happy Valley area, and many people walk up and down the street. He stated the flooding on this street, as shown in the photographs that have been presented, puts these people in jeopardy. Mr. De Fina acknowledged that Mr. Bernardi's department has other priorities, but stated this issue is not going to go away. He noted Union Street seems to be a funnel for everything else that is around, and stated that while he did not know if Park Street had the same volume of water as Union Street, Park Street does not have the same volume of people and traffic that move up and down Union Street, and that makes this a priority that needs to be addressed. Bill Brannan, 304 Mission Avenue, stated the residents appreciate that this is no easy problem, and acknowledged the City has many other conditions that deserve attention, noting some of them are quite critical and costly. However, Mr. Brannan stated the property owners are taking hits, noting they are caused by a public source and should be solved. He reported Mr. Bernardi Is second option is a 450 foot ditch that culminates at his corner, which is on the Union Street side of his property. He stated currently there is a water -filled open ditch, which requires daily attention because of bottles, cans, debris, etc., and the ditch culminates in an open culvert. Mr. Brannan reported two small children live in the home next to his, every day a bus stops directly in front of his house on Mission Street, and on the southeast corner is the Head Start Program, which serves pre-school children, and he pointed out the potential for an accident in which a child might be swept into the open culvert. Mr. Brannan stated Mr. Bernardi's second option solves this problem, and urged the Council to give this their strongest SRCC MINUTES (Regular) 8/19/96 Page 9 SRCC MINUTES (Regular) 8/19/96 Page 10 consideration. Phillip Sheridan, owner of four properties on Union Street, stated he has had many discussions with Mr. Bernardi concerning his property at 106 Union Street, noting that while they have solved the sewage problem, they have not solved the drainage problem. Mr. Sheridan stated the water from Union Street seems to funnel down his property and those properties adjacent to his, and there has not been any cooperation or help from the City of San Rafael during the last few years. He stated this problem has to be addressed, noting the berm is just a "band-aid" solution, and this issue must be placed on a priority for down the road. Scott Kaplan, 217 Jewell Street, Vice -President of the Montecito Area Residents' Association, stated he recognizes there is a budget crunch within the City, and that we are dealing with an imperfect situation. He stated if he could leave the meeting assured that this issue would land on a priority list, he would leave happy, deal with the "band-aid" solution, and feel very comfortable; however, he stated no one could assure him how large the safety net is under them, because no one knows how much money there is going to be. Mr. Kaplan stated he is appreciative of that, but stressed this situation needs to be rectified. Sally Kibbee, 15 Eucalyptus Lane, President of the United Montecito Neighborhood Association, stated that she has been acting as the facilitator with the Union Street homeowners on this drainage problem. Ms. Kibbee referred to the first alternative, noting that while it might improve the existing system, the flooding would continue, and there would still be an open ditch that would continue to be blocked with dirt and debris, causing water to overflow all over the street, as it does now. Ms. Kibbee stated that if there is a repeat of last winter's rain, Plan #1 will be overwhelmed, noting that even with the berms, untreated and polluted water is going to be running all over into the yards, just as it is now. She stated Plan #1 does not address the safety issues at the junior school and the busing intersection at Union Street and Mission Avenue, and certainly is a far cry from what the homeowners petitioned for on April 8th. Ms. Kibbee stated that as a taxpayer, she really resents $8,000 being thrown into this system, which everyone says is going to be a short-term solution, and noted that if money is so tight, there are a lot of things the City could do with $8,000 besides this. Ms. Kibbee stated that during budget discussions with City officials, Acting City Manager Golt had stated she found $80,000 in the budget which could be put into this project, but at that time the project was priced as a $150,000 project, and the entire amount could not be found. Ms. Kibbee stated she did not understand the "rank and rating" idea; however, the residents of the neighborhood felt there was a great risk to health and property, and believed the problem had never been properly addressed in the past. Ms. Kibbee stated the $125,000 drainage problem on Park Street is just the tip of the iceberg, noting berms were put up on Jewell Street, but that is still an unresolved problem, and water still pools up on property there. Councilmember Heller asked if there were any safety measures being taken concerning the open ditch and open culvert? Mr. Bernardi stated part of Option #1 would be for the City to go in and actually dig the ditch a little bigger, to make certain that it carries the water sufficiently so they can go in with a backhoe and remove a lot of the silt that has built up in there. Mr. Bernardi stated the concern about children walking up the street is a real problem, because there is no way to keep them out of the ditch. Mayor Boro asked if the $8,000 approach does not work, and the City comes back and does the $80,000 approach, is the $8,000 all thrown away? Mr. Bernardi responded the berm on the east side of the street would remain, as that would go in whether the permanent or temporary solution is done. He stated the other part of the work, which would be digging up the pipe to make sure that the rest of the water was flowing where the barricade currently is, would basically be work that would be thrown away, and the rest of it would be the labor cost for digging out the ditch and hauling the material away. Mayor Boro asked Mr. Bernardi how he assessed the problem in front of Mr. BrannanI s property? Mr. Bernardi stated that if we go with the permanent solution and put the pipe in, then the ditch gets filled in; therefore Mr. Brannan would have the same problem he has described until the permanent pipe is installed. Mayor Boro asked Mr. Bernardi for his assessment as far as the risk to children and the school bus stopping there? Mr. Bernardi stated the ditch is going to be there, and the kids walking home or going to school are going to walk right past it, and when it is raining, the ditch is going to have water in it. Mayor Boro recalled that Mr. Brannan had, at a previous meeting, informed the Council that the bus stops in front of his house and lets children off the bus, and when they get off the bus the SRCC MINUTES (Regular) 8/19/96 Page 10 SRCC MINUTES (Regular) 8/19/96 Page 11 water in the ditch is pretty high. Mayor Boro asked if this was before the children walk up the hill? Mr. Bernardi responded that was correct, and noted that situation would not change under the temporary solution. Councilmember Phillips stated he was assuming that safety, particularly safety to children, was a significant factor in establishing priorities, and Mr. Bernardi stated that it was, noting the categories used in establishing priorities included public safety, what does it do to private property, will private property flood if it is not done, potential lawsuits, and environmental issues. Mr. Bernardi stated there are a number of ways that a project can be placed under the "Urgent" category, and safety is certainly one of them. Mr. Phillips referred to Mr. Kaplan's comments, which he felt had been reasonable, and asked if the issue might be a safety hazard to children and might, therefore, find its way to the "Urgent" category? Mr. Bernardi stated he felt it would be a reasonable assumption on everyone's part that it would work to place this into the "Urgent" category. Councilmember Cohen asked, in terms of the process, if the priority listing would come back to the Council for review, and if there would be an opportunity for public comment at that time? Mr. Bernardi stated that was correct. Mr. Cohen stated he felt the arguments the Council had heard were well founded, and seemed to carry enough weight to make this issue a priority, and yet he was a little uncomfortable in spending $80,000 without having the whole picture, and being able to weigh this against other drainage problems, noting the City already knows we have a number of infrastructure problems. Mr. Cohen stated he felt the City had to take a hard look at the safety issue on this project, particularly given the fact that it has been brought to Council' s attention, and he hoped this would be factored into the priority setting process. Mr. Cohen asked when Mr. Bernardi expected this item to come back before Council, and Mr. Bernardi responded it would probably be at the first Council meeting in November, approximately two months from now. Mr. Cohen asked how long the project would take, and Mr. Bernardi stated that if the Council directed staff to get started on the project today, it would take until December before they would be able to start digging. Mr. Cohen asked if this was a project they could start digging in December, and Mr. Bernardi responded that it was something they could do in the winter. Mr. Cohen asked when they would do the $8,000 option, if that was the decision they made, and Mr. Bernardi stated they would begin that project within the next month. Mr. Cohen asked how long the project would take, and Mr. Bernardi responded it would take a week at the most, noting it was very minor work. City Manager Gould stated another option for the Council to consider was that when this comes back to the Council in November with the priority ranking of all of the $16 million worth of storm drainage improvements, the Council could, at that time, take another look at the storm drainage fee Resolution, to make sure there would be sufficient funds to do this project. Mayor Boro stated if staff were to come back with a list of items that are truly urgent, but double the estimated dollar amount, then he agreed the Council should again look at the fee. Councilmember Miller stated this seemed to be an "Urgent" project, especially because of the safety of the children, noting the high school and pre-school are there, a lot of walking traffic, and the volume of cars is considerable. He stated he did not see how this project would not rank as "Urgent", just based on safety alone, noting it is an integral and important site for our children, and it would be a puzzlement to him if this project was not in the "Urgent" category. He asked, if the City did the $8,000 project, and then came back and classified the project as being in the "Urgent" category, how much of the $8,000 would be lost? Mr. Bernardi stated the City would probably be tossing away approximately $3,500 to $4,000, which is primarily the labor cost, machinery rental, truck rental for the backhoe to dig it out and clean it out, and to install the small piece of pipe. Mr. Miller asked if this just represented $4,000 that would get us through this winter, and Mr. Bernardi stated that was correct, noting that was all it would do, and was not intended to be anything but a very temporary solution to the problem. Councilmember Cohen asked if, when staff presents their priority listing, would they also present the order in which these projects would be done? Mr. Bernardi stated that they would. Mr. Cohen stated he was not comfortable making the decision to spend the $80,000 at this time, without an overall sense of where this project fits in the scheme of things, particularly given that we are currently working on prioritizing the drainage improvement projects. He stated he believed this project must be recognized as "severe", noting he would expect this would make it on the "Urgent" list, and he would have to be convinced otherwise if it does not make it to the list. This being the case, he stated he was not certain that it was worth throwing away $4,000 now on a temporary fix on a project that could happen in SRCC MINUTES (Regular) 8/19/96 Page 11 SRCC MINUTES (Regular) 8/19/96 Page 12 November. Mr. Cohen asked Mr. Bernardi what could be done, as far as the engineering, to move this project up the schedule, and asked if the design process could be started early? Mr. Bernardi stated they would have to go out and do some surveying, but because of the location of the work, it could be done relatively efficiently in order to get that portion of the work out of the way ahead of time. Mr. Cohen asked if there was some way staff could keep an eye on this project, and if it makes it to the "Urgent" list, could they then expedite the project and not spend the $8,000? Mr. Bernardi stated they could, noting that in the interim, they are going to need all the surveying data regardless of when the work is done, so whatever work they do now will not be wasted if they choose not to do the project for another six months. He stated they could do a lot of preliminary work now, and be that far ahead of the game. Mr. Cohen asked Mr. Bernardi if that meant this would not be money wasted, and Mr. Bernardi stated that was correct. Mayor Boro noted it would be money spent early, but not wasted. Councilmember Cohen stated he would suggest the Council pursue this course and hold off on the $8,000 fix, unless it appeared that they would not be able to proceed with the rest of it this winter. Mayor Boro asked if Mr. Cohen was suggesting that if the project did not make it onto the "Urgent" listing, the City would then go in with the $8,000 fix? Mr. Cohen stated that if the project does not come back on the "Urgent" list in November, and if it appears the project will not be done this year, then he would suggest the City proceed with the $8,000 option. Councilmember Heller stated she was having a great deal of trouble with this, noting that originally she had agreed with staff, acknowledging there were many storm drains to look at, and she has no idea where money is going to come for some of these projects. However, the issue of safety is just overriding, and she wanted to vote for doing the entire project at this point. Councilmember Phillips stated he felt Councilmember Cohen's suggestion was a reasonable compromise at this time, noting is sounds as though in a worse case scenario, the $8,000 would characterize it as a "project in place" by the time the rainy season normally begins, and at the same time the Council has kept their options open to see where we are in a better planning process, noting that if the worse case is the best we can do, we can still respond and have it in place, and if we are able to fund the long-term solution, then we can make an informed decision and be in the right place and the right time. Councilmember Miller stated that if the City would be able to move this as the Number One project in November, then he would agree that the Council should defer at this time. He stated this would give the City time to take care of things, and then in November they could go right into the project, and if the project did not make it to the "Urgent" category, then the City could go right into the less expensive option, although he noted he could not see how this project would not be on the "Urgent" list. Mayor Boro stated he agreed, although he also agreed with Councilmember Heller regarding the importance of the safety issue. He noted the City is very close to having the whole issue evaluated throughout the City, and he felt they had to make certain the criteria they are using is fair for the entire community. He stated it appeared as though this was a critical need that must be fixed, but if staff can get the engineering work done now, and then be ready to begin when the priority list is completed, then we will know that we are doing the right thing. He stated that when the priority list comes back to Council the criteria can be discussed, and if this project has not been placed on the "Urgent" list, then they will know why, and the second option can be done. Mayor Boro stated this issue would be carried over, and asked staff to notify the neighbors when this is to come back before the Council. He explained to the residents in the audience that the City would do one or the other, either Option #1 or Option #2, between now and November. He stated the Council wants to have a sense of the needs of the entire City before launching this one particular project. Sally Kibbee stated she hoped this would not drag on until the rainy season, which could be November. Mayor Boro stated the City is poised to get this implemented as soon as the Council receives the data. NEW BUSINESS: 27. CONSIDERATION OF EXERCISE OF OPTIONS TO PURCHASE TWO BMR UNITS, 17 MARINERS CIRCLE AND 67 MARINERS CIRCLE, MARIN LAGOON CONDOMINIUM COMPLEX (CA) - File 5-1-313 x 229 SRCC MINUTES (Regular) 8/19/96 Page 12 SRCC MINUTES (Regular) 8/19/96 Page 13 Dick Bornholdt, City Housing Consultant, reported the City is involved in a Below Market Rate Housing program, and one of the developments in that program is Marin Lagoon. Two of the units have come up for re -sale, and the program guidelines allow for the City to have a sixty day option to purchase the units, in the event the units cannot be purchased by a qualified moderate income homeowner. Mr. Bornholdt explained this was the case in this situation, noting the option expires on both units near the end of this month. He stated the City is faced with the question of whether to acquire the units and hold them until such time as qualified homebuyers can be found to purchase the units. One of the units is a three bedroom, two bath unit listed at $139,800, and the second is a two bedroom, two bath unit listed at $128,900. He stated both options expire the end of August, and the Council would have to take action this evening to move ahead and acquire the units, and in the event the City does not acquire the units, they could be sold by the present owners at any price. The City would then be able to recapture 85% of the difference between the Below Market Rate price and the Market Rate Price the owners may be able to sell them for. This was to prevent a windfall to the buyers, plus allow the City the opportunity to move to create other affordable units. Ronald Kong addressed the Council, stating he was a perspective home buyer for 67 Mariners Circle, under the BMR Program. He noted the units are currently under litigation, and if the Marin Lagoon Condominium construction defect lawsuit brought by the homeowners is not 100% successful, the homeowners may have to pay for repairs via a special assessment. He stated each owner would have to pay an equal portion, regardless of whether or not there were any defects to that particular homeowner's unit. Mr. Kong asked if those costs could be added to the cost of the condominium if he were to sell the unit, noting he had already asked the Marin Housing Authority, and was told that the rules were not clear about this. Mr. Kong stated this was a crucial question for him, because his share of the repairs could be $22,000, should the Marin Lagoon homeowners not prevail in the lawsuit, noting that being a moderate income person, this would be a great deal of money, and he was also worried about being able to pay for these repairs. He asked if the City could help, or if there was anything that could be done about this, and again asked if he would be able to recoup any of those expenses if he had to pay them? City Attorney Ragghianti stated the agreement that exists between the City and the Marin Housing Authority would have to be modified to provide for the owner to be able to recapture that expense. Mr. Ragghianti stated he did not believe the agreement presently in existence covers this issue, and asked Mr. Bornholdt for clarification. Mr. Bornholdt stated the present agreement did not contemplate this type of thing, and it would, in essence, be a policy decision. He stated that in order to address this issue, they would bring it back to Council with a recommendation, in order for Council to take action. Mayor Boro asked if this meant that if Mr. Kong purchased the condominium for $140,000, and then subsequently he was forced to put $25,000 into it for repair, which meant he then had $165,000 into the unit, then the agreement would adjust the base price, and his base price would begin at $165,000 so the repairs would be included as part of the cost? Mr. Bornholdt stated that was the concept. Mayor Boro asked if that is what Mr. Bornholdt would recommend if the sale were to come about? Mr. Bornholdt stated they would need to calculate what income level that price would be affordable to, and if it moves it out of the range the program was designed for, then they would need to know that, and also what relationship that new price would be to the Market Rate Price. He stated those things would be relevant to the decision. Mr. Bornholdt stated there are eighteen units that are currently occupied, so this decision would affect them as well, as it must apply to all of the units. Mr. Kong asked when a decision would be made, as he had only a week and a half to make the decision to purchase the unit? Mayor Boro stated that while this decision could not be made at this time, Mr. Bornholdt had stated it would be his recommendation that this be allowed for Mr. Kong, as well as the other condominium owners. Mayor Boro stated the Council could not adopt a Resolution at this time, but noted he could ask the other Councilmembers what their thoughts were in order to give Mr. Kong a sense of the Council. Councilmember Phillips stated he was not clear on this issue, and asked if a person put $10,000 down, as an example, and the cost of the house was $100,000, and then the value of the house went to $200,000, representing a $100,000 gain, would that mean that the owner of the house would get $15,000 and the City would get $85,000 of the $100,000 appreciation? Mr. Bornholdt stated that if the City decided not to exercise the option of purchasing the unit, and the homeowner was allowed to sell the unit, then that would be correct. Mr. Phillips asked, if the owner put the additional $25,000 into the house, making his total investment $35,000, would the SRCC MINUTES (Regular) 8/19/96 Page 13 SRCC MINUTES (Regular) 8/19/96 Page 14 owner recover that $35,000 and then 15%, or only the 15%? Mr. Bornholdt stated that if the unit was originally sold for $100,000, and then the owner wanted to sell the unit to another qualified buyer, then the re -sale price would be subject to a formula that allows for some increase; for example, if a 5% increase was allowed, the unit would be sold for $105,000, the seller would realize the entire $5,000 and the City would not participate in that at all. He stated the City only participates when the option is expired and the home is not sold at an affordable price under the program, noting once an option expires, the home is out of the program and there is no price restriction. Mr. Bornholdt stated that whether or not an owner has put money into the home is a separate issue from sharing in the appreciation, and whether the option expires or not. Mr. Bornholdt explained that under normal circumstances, without the cloud of a lawsuit, a unit comes up for re -sale, a new qualified buyer is found, the unit is sold, and it continues on as an affordable unit; however, in this case, with that cloud, there is a lot of difficulty for perspective home buyers at these income ranges, to qualify for financing because the lenders require increased down payment. He noted that was really why the City was up against the end of this deadline. Mr. Phillips asked if Mr. Bornholdt would be making any recommendation at this time regarding the additional money the homeowners may have to put into these units, and Mr. Bornholdt stated that was a separate issue from whether or not the City exercises the options on these units, and that was all that was being considered at this time. Mr. Phillips asked if there was anything the City could do at this time to provide the owners of these units any comfort regarding the outcome of the additional investment they might have to make? Mr. Bornholdt referred to Mayor Boro Is earlier statement that the Council could provide a sense of what their feelings were, and then Mr. Bornholdt would come back before the Council with a formal policy change and recommendations. Councilmember Cohen reiterated that these were two separate issues, and at this time Council was being asked to decide whether or not it was going to exercise the options on the two units. He noted that once that issue had been decided, then Council could give staff direction or discuss further ways to handle the question of whether or not we are going to allow an increase in price of the BMR units. He stated that talking about them at the same time clouded an already complex issue. Councilmember Cohen moved and Councilmember Phillips seconded, that Council not adopt a Resolution to exercise the option to purchase two BMR units. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen stated that on the issue of allowing the increase, he felt staff work needed to be done to determine where this puts these units in terms of the affordability indexes that we use; however, he stated it seemed reasonable that the City consider the request if the construction cost is assessed against these homeowners, noting that since the City has also said there is a cap on appreciation, then we are severely disadvantaging the people we are trying to help, and that seems to fly in the face of fairness. He stated he was inclined to favor increasing the dollar amount by the amount of the assessment, if the homeowners of these units are assessed the construction costs. Mayor Boro asked if there was any reason why the date of the option expiration could not be extended. Mr. Bornholdt stated the City might be able to make that request; however, he was aware that the sellers of one of the units were anxious to move on, and already have another transaction that they are interested in, so they may not be willing to extend the option. Mr. Bornholdt noted he had been working very closely on this issue, and that was the current situation. Mayor Boro stated he did not believe there was much more the City could do at this time; however, he noted the consensus of the Council was that they would support including the cost of the assessments in the base price if it comes to that, not only for these two units being sold, but also for the existing homeowners. He stated staff will bring this issue back to Council at a future date, but it is not something the Council can vote on between now and the date we would have to exercise the option. Mr. Kong reported there were a lot of assessments on these units for legal fees, and noted that from all the information he has been able to obtain, the litigation SRCC MINUTES (Regular) 8/19/96 Page 14 SRCC MINUTES (Regular) 8/19/96 Page 15 might take three years. He stated the special assessments in the second year are $170 per unit per month, and in the third year they are $160 per unit per month, and he calculated that if the litigation took three years, it would cost each homeowner approximately $5,000. He asked if there was anything the City could do to try to help out with this? Mayor Boro stated he did not believe there was, and that issue was not something the Council was prepared to deal with at this time. At Mr. CohenIsrequest, Mayor Boro moved forward the Agenda Item pertaining to the report on the relocation of the St. Vincent de Paul Dining Hall, due to the lateness of the hour and the number of people in the audience who wished to participate in this discussion. 30. CITY COUNCIL REPORTS: a. VERBAL REPORT ON RELOCATION OF ST. VINCENT DE PAUL DINING HALL - File 9-2-49 Mayor Boro reported there had been a series of meetings with representatives from St. Vincent de Paul, in addition to Vice -Mayor Cohen and himself; Charlie Garfink representing the BID (Business Improvement District) and San Rafael Police Officer Jack Martin representing the City, along with four representatives from the St. Vincent de Paul Society. Mayor Boro noted there had been seven meetings over the past several months, and at the last meeting they reached further consensus on several points. He reported he and Vice -Mayor Cohen had told the group that they would report to the Council at this meeting, and the group from St. Vincent de Paul would, in turn, be reporting to their Board of Directors tomorrow night. He stated both groups would be asking for agreement on a path forward, and then a meeting will be held this Friday at 2:00 PM to conclude the mediation effort. Mayor Boro stated there were three basic areas they had been working on, noting the premise has been that it was always the intention of the City to find a location where the Society can continue to perform its mission, and it has never been an issue as to whether the mission should or should not be performed. He stated the premise has been addressing two particular points of view; how the mission is carried out, and where it is being performed. With respect to how it is being carried out, Mayor Boro reported the Society has agreed to several points, noting they have established a Code of Conduct and are promulgating that to their diners, and are talking about denial of service to diners who do not comply; the Board members have gone out and spoken with merchants on "B" Street and informed them as to what their activities have been; they have also invited two members of the public to sit on their Oversight Committee, and to meet with the people who run the dining room and talk about the operations of the dining room. Mayor Boro stated the results of all this were reviewed at their last meeting, noting they had only begun this during the month of July, and they are very optimistic that they will be successful. He reported the representatives from St. Vincent de Paul are going to go back to their Board of Directors and reaffirm these steps, and Mayor Boro told them that if they truly were going to commit to these steps, he and Vice -Mayor Cohen would come before the Council and the public at a future meeting, in a process still to be determined, and discuss areas of the City where the dining hall might be relocated. He stated that in addition to St. Vincent de Paul getting their act together at the dining hall, it was still imperative that the operation be moved. Mayor Boro stated they spoke at length about some of the locations, in general terms, and the fact that satelliting might have to be introduced. Councilmember Cohen stated the process of mediation had been an interesting one in many ways, noting it had been extremely frustrating at times. He stated he felt it had been good that they went through the process of mediation, because no matter how this turns out, no one can accuse the City of not making every effort to bring about a positive result in a positive manner for all concerned. Councilmember Cohen stated that over the course of dealing with this, he learned there were several issues involved in looking for a successful outcome, noting one of those issues, which the City proposed and St. Vincent de Paul initially responded favorably to, was in terms of the process. Mr. Cohen stated that in order for a move to be successful, in addition to addressing the operational issues mentioned by the Mayor, the City was also going to have to demonstrate that we have taken a fair look at where in the City it might be acceptable for them to SRCC MINUTES (Regular) 8/19/96 Page 15 SRCC MINUTES (Regular) 8/19/96 Page 16 relocate. Mr. Cohen stated he felt the question of where in the City it would be appropriate should be the topic of a community meeting, perhaps facilitated by a third party, noting the Marin Community Foundation has agreed to fund the facilitation of such a community meeting. He reported St. Vincent's had also been informed that a Use Permit would be required, stating that was a point that was made clear to the St. Vincent de Paul representatives, noting it was impossible for him to see an outcome to this that involves them relocating without a Conditional Use Permit. He stated the City requires every other social service provider in the City of San Rafael to operate with a Conditional Use Permit, and it is only reasonable for us to have the same expectation for St. Vincent's. Mr. Cohen explained that this was the process they would propose, and if the Council was comfortable with this, he stated they would like to direct staff to begin to work on drawing up what that might look like, and what a timeframe for that might be. He stated that if St. Vincent's Board of Directors agreed, he would look for this to happen fairly quickly, noting the time to talk about this was at an end, and we needed to move this forward. Councilmember Cohen stated they also presented to St. Vincent's, pending the Council' s approval, that the City would once again like to make an offer to purchase the property on behalf of the Redevelopment Agency of the City of San Rafael, noting the City had previously made this offer, but that offer had expired. He stated such an offer would include relocation assistance and such other assistance as the Redevelopment Agency might be able to provide, using the tools that they have. He stated that if this met with Council's approval, they would like to bring this back as a Redevelopment Agency agenda item, and draft a proposal to make to St. Vincent's about purchasing the building at fair market value and assisting in the cost of relocation. Councilmember Cohen stated the parties meeting on behalf of the City and the St. Vincent de Paul Society have agreed there will be one more meeting in mediation, which will take place this Friday, at which time they will report their respective decisions concerning the conditions laid out here. Mr. Cohen stated that in the event they are not able to achieve that outcome, he believed the Council should also direct staff to prepare a provisional report which lays out the City's alternatives in the event the Board of Directors of the St. Vincent de Paul Society does not agree to proceed on a positive basis. He stated it was his expectation that we will be able to do this in a positive fashion, but if it has to go in some other direction, then the City has to have the City Attorney, and any other departments that might be appropriate, prepare a report for the Council on what other alternatives exist if we are not able to achieve a positive outcome this Friday. Referring to Councilmember Cohen's comments regarding the Use Permit, Mayor Boro stated they had asked the representatives from St. Vincent's to come up with some ideas as to what the process might be in looking for a site in given areas of the City, and to redo the Purchase Agreement and the Relocation Expense Agreement, noting that if we do not move forward, staff will be directed to begin looking at alternatives. Councilmember Miller clarified it is the City's position that the time has come for an exit strategy, and the preferred exit strategy was what had just been laid out before the Council, in conjunction with St. Vincent's. He added if that preferred strategy is not adopted, then the City is prepared to find other strategies in order to move forward. Mayor Boro and Councilmember Cohen stated that was correct and to the point. Councilmember Phillips asked if there was any established criteria for the location, as it seemed a little nebulous, and he was uncertain as to what would be factored into the decision of whether a particular site was a good location or a bad location? Councilmember Cohen stated they had tried to stay away from discussions of specific locations. He reported one of the things they discussed in terms of satellite operations was that in the event St. Vincent's can establish that a percentage of their clients are incapable of moving very far, they might be able to establish a small satellite operation for seniors or the disabled, for example, and noted there might also be other strategies for serving people who cannot easily move out of the Downtown Retail Core. Mr. Cohen stated he felt that he and Mayor Boro had been very clear in their discussions with St. Vincent's, that anywhere in the Downtown Retail Core would be unacceptable to the City of San Rafael and that, basically, the further they get from that Retail Core, the happier we are going to be. He reported that St. Vincent's position has been that they are right where they want to be, their diners are comfortable being in the Downtown, and that is where they want to be located. SRCC MINUTES (Regular) 8/19/96 Page 16 SRCC MINUTES (Regular) 8/19/96 Page 17 Mr. Cohen stated both sides agreed there must be a realistic balance about access, and agreed that it should be a location that allows for reasonable access for the diners. He stated he did not believe it would be productive to pursue this without buy -in from St. Vincent's, because if there is no buy -in to the concepts we are talking about, buying into the notion of having a Code of Conduct that includes denial of service for certain behaviors and a Use Permit for the facility, then he did not feel it was worth wasting the time to talk about specific areas of the City unless St. Vincent's is willing to buy into those concepts, which up until now they have not been willing to do; however, their representatives have indicated they are willing to take this before their Board of Directors. Mr. Cohen stated his perspective had always been moving the facility away from what he calls "pedestrian oriented and retail", noting we must be careful in moving from one area to another, and not just take a problem and move it. He stated the City really stressed making what the City's General Plan refers to as the Downtown Retail Core a pedestrian friendly environment. Councilmember Phillips stated a press release had indicated that they have agreed to certain changes in their methods of operation, such as a staff person or guard being on-site, no loitering, and those kinds of things. Mr. Cohen stated what was more key for him, and which still remains to be seen in terms of being carried out on a consistent basis, is having a policy that St. Vincent's day-to-day staff buys into, and it cannot be a policy in name only. Mr. Cohen stated the key concept the City got across, which is something every other service provider who deals with this same client base follows, is denial of service, which means that if you break the rules today, you do not get to come back tomorrow. Mr. Cohen stated there is a whole range of behavior that the public, in general, considers unacceptable, and the City is asking St. Vincent's to assist the City and the Police Department in mitigating those behaviors and removing them. Councilmember Phillips noted Councilmember Cohen had listed some behavior criteria for being able to return, and asked if those criteria are going to be written down, and would they be part of the discussion at the meeting on Friday? Mr. Cohen responded that a Code of Conduct had already been adopted, and Mr. Phillips stated he thought the willingness on their part to restrict service was a new item. Mr. Cohen stated that had already been included in the Code of Conduct adopted and posted at their facility, and noted they had already banned people from the facility, for specific periods of time, since the Code of Conduct was adopted. Mr. Cohen stated one of the reasons he felt there was some cause for optimism was because this was a major breakthrough in terms of operational philosophy for St. Vincent's, and something they have never previously agreed to do. He stated it was something that was going to have to be done if we are going to move forward, and it was something that would have to be memorialized in a Use Permit, as part of their operational conditions. Councilmember Phillips asked if there had been any agreement in the discussions as to the facility's capacity, and when they relocate are we anticipating that they will be serving more, fewer, or about the same number of people? Mayor Boro stated they had not had that discussion. He stated this would be part of the discussion of what goes into the Use Permit, noting he felt the Use Permit would have to regulate those issues, as well as the Code of Conduct, and they would have to find a facility that would accommodate the level of activity they anticipate, so that we do not have this problem all over again with a new location. Councilmember Heller asked if we could expect some kind of decision on Friday, so if things do not work out we could have our legal department immediately begin to look at other solutions? Councilmember Cohen stated he recommended the Council direct staff to proceed on three issues: first, direct staff to draft what the process would look like, beginning with a community meeting on general areas, and then what the approval process would look like, noting St. Vincent's would need this information, having not been through this before in terms of what the approval process is and what the timeline would be for a Use Permit application; second, the Council should direct staff to prepare, for the Redevelopment Agency, a new conditional offer to purchase the building and some methodology for assessing what would be valid relocation expenses we would reimburse, and perhaps a report on what other assistance we may be able to provide in using the tools of the Redevelopment Agency; third, direct staff to prepare a report for the Council on alternatives, in the event that the outcome on Friday is not a positive one. Mr. Cohen stated he felt all of these should be started immediately, noting his expectation was that they would come out with a positive result on Friday, and be able to move forward on two of those items and abandon the other effort. However, if not, then we could set aside the effort to plan a community based process for assisting in the relocation and, that much earlier, we could get an assessment of what our alternatives are. SRCC MINUTES (Regular) 8/19/96 Page 17 SRCC MINUTES (Regular) 8/19/96 Page 18 Councilmember Cohen moved and Councilmember Heller seconded, to direct staff to prepare a draft of what the process would look like, beginning with a community meeting on general areas, and then what the approval process would look like; second, direct staff to prepare, for the Redevelopment Agency, a new conditional offer to purchase the building and some methodology for assessing what would be valid relocation expenses we would reimburse, and a report on what other assistance we may be able to provide in using the tools of the Redevelopment Agency; and direct staff to prepare a report for the Council on alternatives, in the event that the outcome on Friday is not a positive one. City Attorney Ragghianti stated no one from the City Attorney's office would be in attendance at the meeting on Friday and asked, if the meeting is successful, may they, in the City Attorney' s office, know what the parameters of the requested Use Permit Conditions will be, before agreement is reached on it, as they may have legal input on the conditions? Councilmember Cohen stated the Board of Directors of St. Vincent de Paul would meet prior to the meeting on Friday, and at the Friday meeting he and Mayor Boro would tell them there has been buy -in from the rest of the City Council on the concepts that he and Mayor Boro presented; hopefully, they will tell us that their Board of Directors have bought -in on the concepts that we have asked them to carry back. He stated that if there is agreement on that, then we will proceed; however, they are not going to negotiate the conditions of a Use Permit at that meeting, noting the City will instead go through the whole public process, noting every department in the City, as well as the public, will probably have comments about what they feel should be included in the conditions of the Use Permit. Mayor Boro stated he felt the issue was that it is one thing to say these things are going to be done and that they have been started, noting we are looking for them to continue at the current location until St. Vincent's moves; however, the big issue with St. Vincent's is that they do move, and they not only have to agree to do this, but to be part of a Use Permit, which means a full commitment on their part to carry this out. He stated we are not looking for words, we are looking for action on "B" Street, and action at the new location, as well, which is something the Society must decide whether or not they can commit to. Mayor Boro stated this is what their representatives have been asked to explain to their Board of Directors. AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCILMEMBERS: None 28. 1996/97 CITY COUNCIL PRIORITIES (CM) - File 9-1 x 237 x 9-1-2 #II City Manager Rod Gould reported that on August 8, 1996 the Council met in a study session at Pickleweed Park to develop explicit priorities for 1996-97. He stated the premise of the meeting was that community and staff would benefit from clear delineation of where the City Council wanted to place its emphasis, and what it wished to accomplish as a body during this current fiscal year. Mr. Gould noted these goals and priorities, once they were set, would allow staff to come up with more concrete and verifiable goals and objectives for performance evaluation, as well as to kick-off the budget process. Mr. Gould stated it was also felt the goals and priorities would be helpful to the community, to better understand what the Council is focused on. Mr. Gould reported that after the discussion, which included over forty different priorities, the Council directed him to synthesize their thinking into eight separate priorities, and after receiving additional thoughts on the first draft, he prepared a second draft which was now being presented to the Council. Mr. Gould explained that this draft delineates eight priorities; Economic Development/ Redevelopment, Canal Neighborhood Capacity Building, Community Outreach, Community Oriented Policing, Social Problems, Disaster Prevention/ Preparedness, Financial Viability, and Organizational Development. Mr. Gould asked the Council to consider this second draft, make comments, and if it pleases the Council, to adopt these as the official priorities for 1996/97. Mayor Boro stated Mr. Gould had done a great job of synthesizing forty items, and felt the Council had also put a lot of good work into trying to agree on the priorities. Mayor Boro stated he felt what was important was that we have some kind of mechanism in place so Council can follow-up on these priorities on a monthly basis, with the City Manager providing a report to the Council. SRCC MINUTES (Regular) 8/19/96 Page 18 SRCC MINUTES (Regular) 8/19/96 Page 19 Councilmember Cohen stated he appreciated the change in the discussion of social problems, and agreed the City needs to get the message out that this is going to be our position; for example, he noted he felt there was a real need for the City to take back public spaces in San Rafael, and although it is unfortunate that this is where we are, this is where we are. Mr. Cohen stated the discussion of St. Vincent's very accurately captures the position he and Mayor Boro had tried to express, not only tonight at this meeting, but with the representatives from St. Vincent de Paul Society, as well as in discussions with members of the public. Councilmember Phillips stated Mr. Gould had done an excellent job of incorporating many of the Council's ideas, and he looks forward to his follow-up, noting Mr. Gould's approach to convert this to specific steps was sound, and that it would be helpful to the various departments, the public, and the Council. Councilmember Cohen noted one of the things that had come out of their retreat in January was a discussion regarding a constraints analysis in terms of Economic Development. He stated it was important to continue to pursue that, particularly in the area of infrastructure, especially as it relates to transportation. Councilmember Cohen moved and Councilmember Phillips seconded, to formally adopt the 1996-97 City Council Priorities, as presented. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 29. CITY COUNCIL APPOINTMENTS (CC) - File 9-1 Mayor Boro announced he had spoken with Councilmember Miller, who had agreed to fill a couple of the vacancies that exist, including the appointment as First Alternate to the North Bay Division of the League of California Cities, and also the Mobile Homeowners Association Liaison. Mayor Boro noted an upcoming vacancy shown for the San Rafael Business Issues Committee, which was previously filled by Councilmember Heller. Councilmember Heller stated that when she had originally asked for the appointment she felt this was an area that everyone would be interested in, and suggested that perhaps this appointment should be rotated, with each Councilmember taking the position for a year. Councilmember Miller asked if the Economic Vision Committee meetings were going to be publicly noticed this year? City Manager Gould stated he saw no reason why they should not be noticed, and conferred with City Clerk Leoncini. Mrs. Leoncini asked how many Councilmembers were on the committee, and Councilmember Heller stated there were currently two Councilmembers, and City Clerk Leoncini agreed the meetings should be noticed. Councilmember Cohen pointed out that the representative to the Farmers' Market Board of Directors would be Councilmember Phillips, and Mayor Boro stated Councilmember Miller would be the Alternate. Councilmember Cohen stated this position should also be one that is rotated among the Councilmembers on an annual basis. Councilmember Phillips asked for clarification as to the San Rafael Business Issues Committee, and Councilmember Heller stated she would continue to fill that position, and then when the Council looks at re -allocations at the first of the year, she would resign and the Alternate would step up. City Clerk Leoncini pointed out that these positions are normally reviewed every two years, and asked if the Council would like to have the list reviewed the first of each year? Mayor Boro stated he would discuss this with the Council in January, and see if any of them wanted changes to be made. Councilmember Heller stated she found it very confusing that many of these positions come through the Marin County Council of Mayors and Councilmembers (MCCMC), and everyone is appointed or elected in various ways. She noted that as the incoming President of the MCCMC, she is trying to get all of those appointments and elections straightened out. She noted, for example, that it had never been noticed that Mayor Boro is the appointment from MCCMC to the Golden Gate Bridge District, and SRCC MINUTES (Regular) 8/19/96 Page 19 SRCC MINUTES (Regular) 8/19/96 Page 20 stated she would distribute an updated listing of the MCCMC appointments. The Council approved the following City Council appointments: POSITION APPOINTEE Vice -Mayor, City Council Paul Cohen Chairman, Redevelopment Agency Albert J. Boro Vice -Chairman, Redevelopment Agency Paul Cohen City/School Liaison Committee Albert J. Boro Gary Phillips Paul Cohen (Alt.) League of California Cities Barbara Heller North Bay Division Cyr Miller (1st Alt.) Albert J. Boro (2nd Alt.) City Representative to Association Barbara Heller of Bay Area Governments Albert J. Boro (Alt.) County Priority Setting Committee Barbara Heller (Re Community Development Block (Gary Giacomini) Grant Funds - CDBG) Gary Phillips (Alt.) San Rafael Sanitation District Albert J. Boro Paul Cohen Barbara Heller (Alt.) Countywide Planning Agency Albert J. Boro Paul Cohen (1st Alt.) Gary Phillips (2nd Alt.) Local Agency Formation Commission Barbara Heller (Alt.) Mobile Homeowners Association Liaison Cyr Miller Marin County Hazardous Waste Rod Gould Joint Powers Authority Board and Barbara Heller (Alt.) Executive Committee Marin County Waste Management Advisory Barbara Heller Committee Re: AB 939 Gary Phillips (Alt.) Highway 101 Corridor Action Committee Albert J. Boro Paul Cohen (Alt.) CATV (Cablevision Joint Powers Authority) Albert J. Boro Barbara Heller St. Vincent de Paul Dining Room Relocation Paul Cohen Committee Barbara Heller San Rafael Business Issues Committee Albert J. Boro SRCC MINUTES (Regular) 8/19/96 Page 20 Barbara Heller Gary Phillips (Alt.) MCCMC Liaison Committee to the Marin Community Foundation Farmers' Market Board of Directors Oversight Committee - Council Liaison MCCMC Legislative Committee Volunteer Program Advisory Committee 30. CITY COUNCIL REPORTS: SRCC MINUTES (Regular) 8/19/96 Page 21 Gary Phillips Gary Phillips Cyr Miller (Alt.) Barbara Heller Barbara Heller Mayor Boro, noting City Council Report concerning the relocation of St. Vincent de Paul's Dining Hall had been given earlier in the meeting, asked if there were additional City Council Reports. b. FREITAS ADVISORY COMMITTEE (Verbal) - File 9-2-50 Councilmember Cohen reported there had been some excellent detailed and technical work done by staff, ours and others. He stated this remains a very complicated intersection, for which there is not going to be an easy solution. He stated staff has not, to date, been able to identify an alternative that fits within our current funding, when all aspects of the project are considered; not just the direct construction costs, but also acquisition, engineering, and the hearing process itself. Mr. Cohen stated the committee has elected to further examine a potential interim solution, noting our staff has come up with ways to address, on an interim basis, some of the problems at that intersection. He stated staff will sit down with the County and Caltrans and convince them that the solution they have come up with is workable. He stated the committee has agreed to push back the deadline, to allow staff the time to work on this, and noted they would update the Council. c. POLICE ENFORCEMENT AT BOYD PARK (Verbal) - File 9-3-30 x 9-3-66 Mayor Boro stated he had received a request from staff, following an article in the NewsPointer newspaper regarding Boyd Park. He asked Chief Krolak to come back to Council with a plan on how the Police Department will enforce the park closures at sunset, not only for Boyd Park, but for all of the City's parks. Mayor Boro stated it was important that we come up with a strategy to enforce the Ordinances we have on the books, and if we need to do other things to strengthen Chief Krolak's hand in those areas, he felt that we should. Mayor Boro stated the parks are for all of our citizens, but at the same time, if we have an Ordinance that says there is no overnight camping and that the parks close at a certain time, then we should make sure that those parks are closed and secure. There being no further business to come before the Council, the meeting was adjourned at 10:45 PM. JEANNE M. LEONCINI, City Clerk SRCC MINUTES (Regular) 8/19/96 Page 21 SRCC MINUTES (Regular) 8/19/96 Page 22 APPROVED THIS DAY OF 1996 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 8/19/96 Page 22