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HomeMy WebLinkAboutCC Minutes 1997-06-02SRCC MINUTES (Regular) 6/2/97 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 2, 1997 AT 8:10 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: Paul M. Cohen (through Agenda Item #12) Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION - 7:00 PM 1. 0 Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators: Daryl Chandler/Suzanne Golt/Kenneth Nordhoff Mayor Boro announced Council met in Closed Session to discuss labor negotiations, and gave instructions to the labor negotiators. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM MARIN MEDIATION SERVICES - File 102 X 240 (Verbal) Eleanor Spader, Coordinator of Mediation Services for the County of Marin, and Rosa Maria Hayden, Bilingual Volunteer, thanked the Council for the City's support in the Canal area. Ms. Spader noted that for some time there have been severe habitability problems in the Canal, and she particularly thanked City Manager Rod Gould for hearing her concerns about what was happening in the Canal. She noted she has been working closely with two of the City's new Code Enforcement Officers, and thanked Council for passing the new Code Enforcement regulations. Ms. Spader and Ms. Hayden presented a rose to each of the Councilmembers and to City Manager Gould. NORTH SAN RAFAEL VISION - File 238 x 9-3-17 x 10-2 (Verbal) Francis Nunez, Vice President of the Santa Venetia Neighborhood Association, thanked Council for funding the North San Rafael Vision process. She reported two of the three major Land Use opportunity sites involved in the process are located in residential areas, noting Santa Venetia and the three incorporated neighborhoods near the airport had been involved in this process from the beginning, as a partner group, and were able to adequately communicate their vision for the site; however, the neighborhoods adjacent to the seventeen acre P . G . & E. site had no idea the Land Use designation was going to be changed. She stated a few of them found out at the eleventh hour, and managed to attend the second workshop, but there was very little time or opportunity to discuss any site in depth, because there were twenty sites on the grid. Ms. Nunez noted there was a lot of frustration on the part of the community because of this, and urged Council to hold another public meeting regarding the P.G.& E. site, so the community most familiar with and most impacted by the site can provide their visions, their concerns, and their insights, noting it would help to maintain the integrity of the process in the eyes of the public. Dil Kazzaz, resident of San Rafael Meadows, stated he lived near the P.G.& E. site, and was very concerned about the speedy process and the possible change to the General Plan, without the residents' participation. He stated the General Plan discusses the lack of recreational areas in his neighborhood, noting the areas north of his neighborhood have plenty of recreational areas, and even more money is going to be appropriated for them. Citing the General Plan, Mr. Kazzaz reported there are no public recreation facilities within the neighborhood to serve the 1,800 residents, and noted the General Plan refers to the neighborhood as being "Unserved population". He asked that the residents of these neighborhoods be included in any further discussions regarding a change to the General Plan concerning the zoning of this public parcel. Blair Judson, newly elected President of the Los Ranchitos Home Improvement Committee, stated the members of her community were also concerned about the P.G. & E. site currently up for sale. She pointed out there were already areas of high density housing along Lincoln Avenue, but limited space for public gatherings, noting the gathering places that are available must be reached by crossing under Highway 101, and it was very unsafe. She referred to Code 851 of the Public Utilities Commission, which states that in order to transfer title of that piece of property the PUC would need to have general consensus. Jay Morse, resident of the San Rafael Meadows community, stated the residents had only found out at the eleventh hour about the proposed General Plan changes, and they are seeking a temporary halt to the process of changing the designation of SRCC MINUTES (Regular) 6/2/97 Page 1 SRCC MINUTES (Regular) 6/2/97 Page 2 this property so that another community meeting can be held, and input from the residents can be obtained. Mr. Morse noted such a meeting had been discussed at the March 27th Vision Process at Terra Linda High School, but they had not had any further word that a meeting was to be held. He stated such a meeting should take place so those who live in the area and may be impacted by flooding conditions, traffic changes, and the need for recreation facilities will have an opportunity to find out more about those issues, and to make their voices heard. He stated they would like to see such a meeting take place before the Planning Department sends a recommendation to the Land Use Sub -committee. Mayor Boro reported a meeting of the North San Rafael Vision Steering Committee would be held on Thursday, June 5th, at 5:00 PM at Terra Linda High School, pointing out that what is happening with the Vision process right now is only the beginning of what will ultimately happen, not the end. He stated there would be many more public hearings at the Planning Commission and City Council before the Vision is adopted. He stated the residents' concerns and interest were important, and urged them to attend future meetings. Planning Director Robert Pendoley reported the Land Use Sub -committee had a meeting scheduled for June 3rd, beginning at 4:30 PM in the Public Works Conference Room, and noted that when the Vision Steering Committee meets on June 5th they will be discussing their schedule, which they have agreed to extend to allow for more citizen input, including another community meeting, probably to be held in July. CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Heller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Call for Applications to Fill Two Four-year Terms Approved staff recommendation: on the Design Review Board, Due to Expiration of a) Called for applications to Terms of Richard H. Olmsted, Architect, and Peder fill two, four-year terms on Pedersen, Landscape Architect (CC) the Design Review Board, due - File 9-2-39 to expiration of terms of Richard H. Olmsted, Architect, and Peder Pedersen, Landscape Architect; b) Set deadline for filing applications Tuesday, June 24, 1997 at 12:00 Noon in the City Clerk's Office, and set date for interviews of applicants at a Special City Council meeting to be held on Monday, July 7, 1997, commencing at 6:30 PM, to fill two, four-year terms to the end of June, 2001. 3. Call for Applications to Fill Two Four-year Terms Approved staff recommendation: on the Planning Commission, Due to Expiration of a) Called for applications to Terms of Richard O'Brien and John Starkweather (CC) fill two, four-year terms on - File 9-2-6 the Planning Commission, due to expiration of terms of Richard O'Brien and John Starkweather; b) Set deadline for filing applications Tuesday, June 24, 1997 at 12:00 Noon in the City Clerk's Office, and set date for interviews of applicants at a Special City Council meeting to be held on Monday, July 7, 1997, commencing at 6:30 PM, to fill two, four-year terms to the end of June, 2001. 5. Resolution Authorizing Execution of the RESOLUTION NO. 9853 - Maintenance Agreement Between Tarrant & Bell RESOLUTION AUTHORIZING THE Properties and the City of San Rafael and CITY COUNCIL OF THE CITY Accepting the Extension of Professional OF SAN RAFAEL TO EXECUTE Center Parkway (PW) - File 4-10-301 x 2-2 THE MAINTENANCE AGREEMENT BETWEEN TARRANT & BELL PROPERTIES AND THE CITY OF SAN RAFAEL, AND TO ACCEPT THE EXTENSION OF PROFESSIONAL CENTER PARKWAY - NORTHVIEW SUBDIVISION. 6. Resolution of Appreciation to Jeff Blackwell, RESOLUTION NO. 9854 - Superintendent of San Rafael City Schools (CM) RESOLUTION OF APPRECIATION TO - File 102 x 9-2-1 JEFF BLACKWELL, SUPERINTENDENT OF SAN RAFAEL CITY SCHOOLS. CONSENT CALENDAR: 8. Memorandum of Understanding - Marin RESOLUTION NO. 9855 - Operational Area, Re: Emergency Services (FD) RESOLUTION AUTHORIZING THE - File 4-13-99 x 13-11 x 9-3-31 CITY MANAGER TO EXECUTE AN AGREEMENT (MOU) WITH COUNTY OF MARIN OPERATIONAL AREA TO PROVIDE EMERGENCY MANAGEMENT SERVICES. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro SRCC MINUTES (Regular) 6/2/97 Page 2 SRCC MINUTES (Regular) 6/2/97 Page 3 NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following items were removed from the Consent Calendar for further discussion: 7. a. RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DECISION OF FEBRUARY 11, 1997, RE: ED96-67, ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR WIRELESS COMMUNICATION (PANEL ANTENNAS FOR GROUND EQUIPMENT) AT 1 WELLBROCK HEIGHTS, SAN RAFAEL, CA; APN 175-606-56; ALDERSGATE UNITED METHODIST CHURCH, OWNER: WHALEN & CO., REPRESENTATIVES; ALEIDA HELLE, ROSALIND KATZ, CAROL RUSSELL, ET AL., APPELLANTS (P1) - File 10-5 x 10-7 AND b. RESOLUTION DENYING APPEAL OF PLANNING COMMISSION DECISION OF APRIL 15, 1997, APPROVING USE PERMIT AMENDMENT TO ALLOW WIRELESS COMMUNICATIONS FACILITIES AT ALDERSGATE CHURCH, 1 WELLBROCK HEIGHTS, SAN RAFAEL, CA; APN 175-606-56; ALDERSGATE UNITED METHODIST CHURCH, OWNER; WHALEN & CO., REPRESENTATIVES; ALEIDA HELLE, ROSALIND KATZ, CAROL RUSSELL, ET AL., APPELLANTS (P1) - File 10-5 x 10-7 Carol Russell, 5 Wellbrock Heights, addressed the Council on behalf of the Terra Linda Neighbors United, stating they had come to report that, contrary to what has been claimed, Sprint itself may not support the placement of its antennas at the base of a cross on a church in a residential neighborhood, where a restriction has been firmly in place for many years. Ms. Russell stated they knew this through conversations the last few days with Sprint's Executive Headquarters in Kentucky. She reported Sprint clearly indicated the possibility that their outsource, Whalen & Company, may not be carrying out the official policy of Sprint. Ms. Russell stated the Terra Linda Neighbors United believed they had finally cut through all the bureaucracy and confusion, to be able to initiate an in-depth review of this project, carried out in its name by Sprint's top executives, their lawyers, and by their public relations officials. In light of this, and in light of what they knew would be escalating dire publicity, media coverage, and public consternation surrounding the possible approval of the commercialization of the church site, the Terra Linda Neighbors United asked that Council exercise its judgment and power merely to call a moratorium, a cooling -off period, prior to a final vote, at least until Sprint is able to clear the air by expressing its official policy, and until each of the stakeholders, Mayor Boro, the City Council members, Whalen & Company, the City Attorney's Office, and Aldersgate Church, have a chance to decide once and for all where each wants to be in this looming public relations disaster. In addition, Ms. Russell stated it had come to their attention that the City Council never saw their original petition, signed by sixty families, nor did they see the appeal signed by eighty families. Therefore, she felt they may not have known the full depth and extent of the neighborhood feeling. She urged the Council to consider a cooling -off period. Mayor Boro asked for the City Attorney's opinion on a request for a moratorium on an item that was before Council for final adoption. City Attorney Ragghianti noted the Public Hearing was closed, the vote had been taken, and there was now a Resolution before Council for action. He stated if Council did not wish to act upon the Resolution it had that right; however, the request for moratorium was an entirely different matter. Mayor Boro noted his question came because there had been a representation that one part of Sprint did not know what the other was doing. Mr. Ragghianti stated the time for the presentation of information and evidence has been concluded, noting the Code of Civil Procedure provides for notice and an opportunity to be heard, and this had been done at the Planning Commission and on appeal before the Council. Therefore, the fact that new information has, arguably, been discovered does not mean Council ought not to vote on the Resolution before them, and while Council has the right to continue the issue if they wish, it is another matter to get the information that has been referred to into the record. Mr. Ragghianti stated there were only two exceptions contained in the Code of Civil Procedure to allow such information into the record: One is if it could not, with the use of reasonable diligence, have been discovered before; and the other is if it was offered during the Public Hearing and denied admission into the record. Mr. Ragghianti stated if neither of those instances apply in this case, he would urge Council to adopt the Resolution. Councilmember Heller asked if this was now a matter between Sprint, Whalen & Company, and the church? Mr. Ragghianti stated he supposed it was, but the matter before Council has nothing to do with whether it is between Whalen, Sprint, and the church, the matter before the Council has to do with the procedural event, namely the adoption of a Resolution that memorializes action that was taken the last time Council met. Mayor Boro noted if Sprint wishes to change its mind, and they already have approval, they certainly do not have to exercise what they have been given, and Mr. Ragghianti SRCC MINUTES (Regular) 6/2/97 Page 3 SRCC MINUTES (Regular) 6/2/97 Page 4 stated that was absolutely correct. Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution denying appeal of the Planning Commission's approval of a Use Permit Amendment to allow installation of wireless communications facilities at 1 Wellbrock Heights. a. RESOLUTION NO. 9856 - RESOLUTION DENYING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A USE PERMIT AMENDMENT TO ALLOW INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES, 1 WELLBROCK HEIGHTS, AP 175-606-56. AYES: COUNCILMEMBERS: Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: Phillips ABSENT: COUNCILMEMBERS: Cohen Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution denying the appeal of the Planning Commission's approval of a Design Review Permit for installation of wireless communications facilities at 1 Wellbrock Heights. b. RESOLUTION NO. 9857 - RESOLUTION DENYING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A DESIGN REVIEW PERMIT FOR INSTALLATION OF WIRELESS COMMUNICATIONS FACILITIES, 1 WELLBROCK HEIGHTS, AP 175-606-56. AYES: COUNCILMEMBERS: Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: Phillips ABSENT: COUNCILMEMBERS: Cohen 4. REPORT ON BID OPENING AND AWARD OF CONTRACT RE: SECOND, THIRD, AND "A" STREET UNDERGROUND UTILITY DISTRICT IMPROVEMENTS, PROJECT NO. 912-9012-8809 TO GHILOTTI CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $2,825,434 (BID OPENING HELD ON TUESDAY, MAY 20, 1997) (PW) - File 4-1-488 x 11-7 x 12-18-13 Councilmember Miller asked why the re -bid on this project was higher than the original bid had been? Public Works Director Bernardi reported there had been two items in the original bidding that were inaccurate. He reported the first error was a quantity which should have been listed as approximately 57,000 lineal feet of plastic pipe that the wires are to go inside of, but this was listed as 14,000 lineal feet on the original bid sheet, and that made a difference in the price. He noted the second issue was the language in the specifications referring to the requirement to test and deal with the excavated material that comes out of the trench. He stated staff felt the language in the original bid material was too loose, and tightened up the specifications and the language so the City would be able to control who had responsibility for dealing with the excavated material. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution awarding the contract to Ghilotti Construction Company in the amount of $2,825,434. RESOLUTION NO. 9858 -RESOLUTION OF AWARD OF CONTRACT FOR SECOND, THIRD, AND "A" STREETS UNDERGROUND UTILITY DISTRICT IMPROVEMENTS TO GHILOTTI CONSTRUCTION COMPANY (Lowest Responsible Bidder, in amount of $2,825,434). AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SPECIAL PRESENTATION: 9. INTRODUCTION OF DAVID GUIGNI AND JOHN KATELEY, NEWLY -HIRED POLICE OFFICERS (PD) - File 9-3-30 San Rafael Police Captain Tom Boyd introduced newly appointed Police Officer Dave Guigni. Captain Boyd reported Officer Guigni was a 1996 graduate of the Napa Valley Police Academy, and had spent the past two years as a Paramedic and a seasonal Firefighter. Captain Boyd introduced John Kateley, also newly appointed to the Police Department, noting Officer Kateley had graduated from the Santa Rosa Police Academy in 1996, having run his own business as a General Contractor for the past ten years. PUBLIC HEARING: 10. PUBLIC HEARING - APPEAL FOR RELIEF FROM THE BUILDING OFFICIAL'S ENFORCEMENT OF STATE MANDATED DISABLED ACCESS IMPROVEMENTS AT 851 IRWIN STREET, SAN RAFAEL (APN 14-125-15), BRIAN HODGES, REPRESENTATIVE (PW) - File 13-1-1 SRCC MINUTES (Regular) 6/2/97 Page 4 SRCC MINUTES (Regular) 6/2/97 Page 5 Mayor Boro declared the Public Hearing opened, and asked for the staff report. Public Works Director Bernardi reported this was an appeal from the representatives of Mechanics Bank who wish to open a bank at 851 Irwin Street, which is a multi -tenant office building. Mr. Bernardi stated the proposed remodeling would cost approximately $65,000, and Mechanics Bank is proposing to provide disabled access to their space by installing a ramp and revising the entry to their space at a cost of approximately $15,000. Mr. Bernardi reported State law provides that when the cost of providing full access improvements to a site exceeds 20% of the cost of improvements, there are grounds for the filing of an application of Undue Hardship, which is now before Council. Mr. Bernardi stated the building met the access requirements at the time it was built; however, it does not meet today's standards, and in order to meet today's standards they would have to add another $25,000 to the cost of the project, in addition to the $14,000 currently being spent for access. Mr. Bernardi reported the law also provides that when this is the case, the specific area being remodeled, repaired, or added to shall be made accessible, the next priority would be that the primary entrance and path of travel to the area of operation be made accessible, and as a third priority, sanitary facilities, drinking fountains, and public phones would be made accessible. Mr. Bernardi stated two of these areas would be addressed under this application, but not the third, and that would be in compliance with State law. Mr. Bernardi stated it was staff's recommendation that this application be approved, noting Kim Blackseth, the City's access consultant, had reviewed the request, and also recommended Council grant the relief requested. Mayor Boro referred to a letter from Robert Roberts, Director of the Marin Center for Independent Living (MCIL), which had been received only this afternoon. Mr. Bernardi stated in the first sentence of the letter Mr. Roberts indicates MCIL generally concurs with staff's recommendation. Mr. Bernardi pointed out Mr. Roberts was raising a number of issues that relate to Federal law, and noted we do not enforce the Federal law. Mayor Boro stated it was his impression Mr. Roberts was merely putting the applicant on notice that they may have other problems outside of dealing with the City, and Mr. Bernardi stated that was exactly correct. There being no public comment, Mayor Boro closed the public hearing. Councilmember Phillips moved and Councilmember Miller seconded, that the City Council, acting in its capacity as the Board of Appeals, adopt the Resolution providing relief from State mandated requirements for disabled access at 851 Irwin Street. RESOLUTION 9859 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL (IN ITS CAPACITY AS THE BOARD OF APPEALS) GRANTING CONDITIONED APPROVAL OF AN APPEAL FROM STATE ACCESS REQUIREMENTS AT 851 IRWIN STREET, SAN RAFAEL. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCILMEMBERS: Cohen MONTHLY REPORT: 11. CITY WORK PLAN REVIEW (CM) - File 237 Assistant City Manager Golt presented the monthly review, which she noted was a progress report of a wide variety of programs, projects and activities, some of which are on-going, and others that have already been completed, as indicated by the shaded areas. She pointed out item #3, Community Outreach, stating she was particularly happy to report the City Hall Concierge Program had gotten underway on Friday, with our first volunteer in the lobby. Ms. Golt noted there was a schedule of nine or ten volunteers who have signed up for different shifts, and after they have completed one rotation, she will meet with them and get their input as to how the program is working out. Councilmember Phillips noted there had been a meeting on May 27th with the management of Northgate Mall to discuss City Hall at the Mall, and the Assistant City Manager will be obtaining a cost proposal for professional assistance with a computer presentation. Mr. Phillips asked how this was progressing, and how receptive the Mall representatives were to this idea? Ms. Golt stated management at the Mall was very receptive, and would very much like for us to be there. She pointed out the City already had a presence at the Mall because of the Police Department Sub -station, but the Mall would like to have more of a City Hall type presence. Ms. Golt added positive interest has been expressed through the North San Rafael SRCC MINUTES (Regular) 6/2/97 Page 5 SRCC MINUTES (Regular) 6/2/97 Page 6 Vision, and she is looking at how we might establish an appropriate City Hall presence at the Mall. Ms. Golt stated we would probably start out the first year or so by establishing a presence in one of the kiosks in the center part of the Mall, noting there is already a large Customer Service kiosk staffed by Mall employees, and we are looking at sharing the kiosk with them. She stated we could have a variety of hard copy information available, a personal computer on which someone would touch the screen to operate it. She noted we would also have some special presentations, such as "Meet Your Mayor", "Meet Your Councilmember", and continue with programs to present the Fire Chief, Police Chief, and City Manager. Ms. Golt reiterated the Mall is very receptive to this concept, and will be giving her final information later this week on just how much the Mall will contribute to this particular endeavor. Ms. Golt stated she believed this was a very viable program, and she will be presenting detailed information to the Council very soon. NEW BUSINESS: 12. REQUEST BY HARRY WINTERS, WEST END NEIGHBORHOOD ASSOCIATION, FOR PUBLIC ACCESS ALONG TERRACE LANE (P1) - File 13-14.1 x 10-2 x 11-1 Mayor Boro stated the Councilmembers had all had an opportunity to visit and walk the site, and were looking to the testimony to be given this evening to provide further information. Planning Director Robert Pendoley stated this was a very complicated subject, and was before Council at the request of Harry Winters, who is representing the West End Neighborhood Association. Mr. Pendoley reported this issue represented a dispute between the West End Neighborhood Association and some of the property owners on Terrace Lane, a private street in the West End neighborhood. Mr. Pendoley stated this issue came to the Planning Department's attention almost a year ago when Mr. and Mrs. Bradshaw, recent purchasers of a home on Terrace Lane, found that members of the West End Neighborhood Association and other neighbors were using the street. He noted Mr. and Mrs. Bradshaw believed they had purchased the house with the understanding that Terrace Lane was private, and did not have a public access easement. He reported City staff was asked to become involved by the West End Neighborhood Association. Mr. Pendoley reported the Planning Department and City Attorney' s Office had done a great deal of research into the background, and in March he sent a letter to Mr. Winters and to Mr. and Mrs. Bradshaw' s attorney informing them the result of that research was that there was no public access easement on Terrace Lane, and that it would not be possible for the City to condition an application that was then pending for a home on one of the lots in the subdivision to require the dedication of such an easement. Mr. Pendoley reported the City's involvement with the issue goes back to 1976 when an application to sub -divide in the area was received. He stated the initial study, which was part of the environmental documentation for the project, shows that the City seemed to be contemplating some kind of public access pedestrian oriented easement on private roads in the neighborhood to assure access to the Open Space that was then being contemplated for dedication. He noted there was also a condition labeled "AA" on the tentative map which stated non-exclusive access easements would be established on the private roadways, and there was companion condition "T" which required that the private roadways be part of the private building lots in the area. However, by the time the final maps were recorded for the relevant parts of the project, Units 4 and 5, it was determined that those conditions could be satisfied through the CC & R's for the project. He noted public pedestrian access easements were not required to be recorded, and pointed out there was a note on the map for Units 4 and 5 to the effect that access would be strictly private on those private roadways. Based on all of this, the City Attorney's Office concluded that regardless of what the intent appeared to have been at the beginning of the process, in fact no public access easements for pedestrians were dedicated on Terrace Lane. Mr. Pendoley noted Council had correspondence from Mr. Winters contending that the facts are to the contrary, and the intent all along was to have public access. Mr. Pendoley stated staff recommended that in addition to the issues raised by Mr. Winters, Council consider that if they were to decide to pursue his request to condemn public pedestrian access easements, they may need to look at Spring Grove Lane, where a similar situation exists. He noted it was also likely that condemnation proceedings would result in litigation, which would be costly. Mr. Pendoley noted that while it should be possible to have an appraisal done to determine the likely value of a public pedestrian access easement, it was likely that litigation could determine a higher value. SRCC MINUTES (Regular) 6/2/97 Page 6 SRCC MINUTES (Regular) 6/2/97 Page 7 Councilmember Heller noted it had been suggested the City use Open Space funds to buy access, and asked if that was something legally allowed, and if there was money in the Open Space account to handle something like this? City Attorney Ragghianti stated he would review that issue. Administrative Services Director Ken Nordhoff reported there was approximately $400,000 remaining of the bond proceeds, to be used for Open Space acquisition. Councilmember Miller stated it was his understanding that pedestrians may walk and have access through Spring Grove Lane. Deputy City Attorney Eric Davis stated that while the public may be walking in that area, as a matter of law the City Attorney' s Office was not aware of an existing public access easement in the sense of a recorded deed to that affect. Mr. Miller asked what the difference was between public access, in terms of walking along Terrace Lane between Lots 39, 40, and 41, and what does the note on the final map actually mean? He stated he understood it to mean that someone could walk along Terrace Lane, but once they got to Lot 40 there was a sign that said "End", and another sign stating that was private property and no one may walk across the lot. Mr. Davis stated the note and map Mr. Miller was referring to was specifically limited to those three lots, and did not apply, by its terms, to Spring Grove Lane. He reported the note states that ingress and egress rights across the private portion of Terrace Lane are limited to the specific lots 39, 40, and 41, and does not apply to Spring Grove Lane. Mr. Miller asked why people could walk on Terrace Lane all the way up to that point but not further, and why they could not walk along Spring Grove Lane, noting he did not understand what this exclusive access is stopping? Mr. Ragghianti stated anyone could walk anywhere, anytime they want, unless someone objects to it, noting that is what has happened here. He pointed out the issue was the legal right to public access over private property, versus someone walking any day, any week, any month during the year over Terrace Lane. He noted if no one stops them, they can do that, and if no one stops them on Spring Grove Lane, they can do that, too. Mr. Ragghianti stated the property owner argues that the notes that appear on the final map specifically exclude anyone other than the owners of those three lots from passing over that property, and there is no recorded easement that burdens those three lots indicating that the public can pass over them. Mr. Ragghianti noted they were talking about the difference between a legal right for the public to pass over private property versus individuals simply walking there of their own free will. Mr. Miller asked if there was anything that would stop someone further down on Terrace Lane from saying they did not want people walking on the easement? Mr. Ragghianti stated only the owners of Lots 39, 40, and 41 could exclude other people, because that portion of Terrace Lane is private, as stated in the note on the final map. Mr. Davis noted there were two portions of Terrace Lane, a public road portion and a private road portion, with Lots 39, 40, and 41 on the upper portion being private. Mr. Miller asked if there was a private road on Spring Grove Lane? Mr. Davis stated Spring Grove Lane had both public and private sections, noting the upper section, closest to the Open Space land, is a private section. Mr. Miller asked if the owners in that section could come forward and say they did not want people walking through that portion of Spring Grove Lane? Mr. Davis stated he believed they could, noting that while there was not the similar note on the map for Spring Grove Lane, there also was no recorded public access easement over the private portion of Spring Grove Lane. Mr. Miller asked if a property owner on Spring Grove Lane wished to exercise their right to say, "No, you may not walk along here", could they then cut off access to the public? Mr. Davis stated someone could certainly assert that, noting whether or not it would ultimately cut off access gets into further questions in terms of prescriptive easement issues, but certainly someone along the private portion Spring Grove Lane could assert that it was not open to the public. Mr. Miller asked which portion of Spring Grove Lane was private? Mr. Pendoley pointed out on the map that the private portion began at Lot 25. Mr. Miller stated he could not understand the difference between the rights of people, whether it was on the map as exclusive or not, and asked Mr. Ragghianti to explain. Mr. Ragghianti stated there were two things that were important: first, so far as the City is aware, no one is objecting to the public passing over the private portion of Spring Grove Lane, and this distinguished that particular area from the Terrace Lane portion before Council; second, Mr. Ragghianti stated he was not certain whether there was a note, such as the note that has been described in correspondence as Note One, that appeared as a part of the final map in connection with the approval of Units 4 and 5 of the Oakwood subdivision, which includes this private part of Terrace Lane. Mr. Ragghianti stated apparently there was an express note attached to the final map that indicates ingress and egress rights to the portion of Terrace Lane that lie within these three lots are pertinent to those lots only, with the exception of emergency and maintenance vehicular use. Mr. Ragghianti stated he did not believe that same language was attached to the final map in connection with Spring Grove Lane; nevertheless, that portion of Spring Grove Lane shown by Mr. Pendoley is, in fact, private. SRCC MINUTES (Regular) 6/2/97 Page 7 SRCC MINUTES (Regular) 6/2/97 Page 8 Harry Winters, President of the West End Neighborhood Association, stated the difference between Spring Grove Lane and Terrace Lane is that there is no Note One prohibiting public access for the Spring Grove portion, or Upper Toyon, the other private road. He noted that in the CC & R's, which the developer stated addressed this issue, there is a guarantee of access for each of those property owners along the private roadway, but there is no prohibition against the public using it, and there is no Note One, as there is for Terrace Lane, that actually creates a prohibition. Mr Mr Winters noted his earlier correspondence had stated the Oakwood subdivision included provisions for private dead-end roads, and he clarified that these were not actually dead-end roads, they were connected roads. He stated the City Attorney had asked the Association if there was any proof that those roads existed before the subdivision was built, and Mr. Winter reported the 1977 initial study states, "existing fire roads interconnecting Clorinda, Greenwood, Upper Toyon, Spring Grove, and Terrace Avenues", noting there clearly was a network of connecting fire roads up there, and there has been ever since he has lived there, which is almost fifty years. Mr. Winters pointed out there were no new roads on the subdivision, there were simply improvements on the existing fire roads, including Terrace Lane. Winters stated one of the issues is Condition AA, which is mandatory and states, "There shall be non-exclusive access easements on the private roadways". He noted that condition existed from the very beginning of the eight year process leading to the final map, and was written as part of the initial study, specifically to address pedestrian hiking. Mr. Winters stated in 1984 the City Council approved the final map, approving it on the basis of a staff report which indicated Condition AA had been accomplished. He stated the residents went home from that meeting believing they had the right to walk on Terrace Lane, as they had for over half a century, and he stated they believed the City Council and the Planning Commission thought so, too. He stated that in all of the records and all the discussions there was never any reference to Note One, reporting no one in the neighborhood had ever heard of it until the Bradshaw's brought it up in their objection when they moved into their house last year. Mr. Winters reported the developer's attorney stated the CC & R's providing access for the owners along that Lane was not exclusive, and also addressed Condition AA, non-exclusive access; however, later on Note One showed up, and it was quite different from the CC & R's, as it was exclusive and exclusionary. Mr. Winters pointed out that no one on staff has been able to tell him where that note came from. Mr. Winters reported that when the City certified the final map, the certification stated the final map was substantially the same as the tentative map; however, Mr. Winters noted there was a very substantial difference, because Note One exists on the final map, but did not exist on the tentative map. He stated that after a meeting last July with the City Attorney's Office, the Bradshaw's, and representatives of the Neighborhood Association, they submitted their arguments to the City Attorney's Office. He noted the Association finally received a letter last month which stated the City Attorney' s Office had decided there was no public access, and they had to keep off the road. Mr. Winters stated he asked Planning Director Pendoley if the San Rafael Police Department would respond to a trespassing call, and Mr. Pendoley informed him that they would. Mr. Winters stated he had told the neighbors not to walk on the road until this issue has been resolved, because they did not want any confrontation, although he noted there were some people who still walk there, and others who do not know anything about this issue who also walk there. Mr. Winters stated the dilemma is that the City has approved both the requirement for non-exclusive access, which goes back to pedestrian hiking, and also the exclusive Note One, pointing out that these are totally contradictory. Referring to recourse that might be available, Mr. Winters noted the neighborhood had been discussing the issue, and he wished to expand on the two recourse options he included in his letter. The first was to attack Note One legally, as it may be faulty, noting no one knows where it came from; and the second was to suggest Eminent Domain. He stated Note One on the final map could be challenged because it contradicts Condition AA, and it was not on the tentative map. He further stated there may be an implied easement across Terrace Lane by the intent of the City through this whole approval process of eight years to provide public pedestrian access easement. He noted it was possible for the City to use Eminent Domain, noting they had that right if they could show public benefit and safety. Mr. Winters stated there were two ways to walk up to this area; one was to walk up Spring Grove, which is a long, straight street, very gradual, and children can ride bikes up the road; or, walk up Terrace Lane, which for the first 2/10ths of a mile is narrower than standard road and with no sidewalks, not even any shoulders, and there are two blind hair -pin turns on it. He noted anyone would prefer and SRCC MINUTES (Regular) 6/2/97 Page 8 SRCC MINUTES (Regular) 6/2/97 Page 9 be safer by walking up Spring Grove and back across Terrace Lane. He stated anyone coming on foot who wanted access to those houses, whether they are friends, neighbors, relatives, a process server or bill collector, would want to walk up Spring Grove to Lots 39, 40, and 41, right in front of the BradshawI s house, which is perfectly legal, because the right of ingress and egress does not apply only to the people who live in those houses, it applies to anyone who has any business talking to them. Therefore, the Bradshaws do not have the privacy they assume they have, and there are going to be people walking by who they do not know, but who are legitimately associated in one way or another with Lots 39 and 41. Referring to the issue of Eminent Domain, Mr. Winters stated he felt a negotiated compromise which recognizes the validity of both Condition AA, non-exclusive access, and Note One is possible, as he believed Note One pertained to vehicular access because the other two private roads, Spring Grove and Upper Toyon, which do not have a Note One, are wide roads, there can be two-way traffic, and there is a turnaround at the end of each of those roads. On the other hand, Terrace Lane is a narrow, one -lane road with no turnaround, and you are stuck if you go down there. He reiterated that was why he believed Note One referred to vehicular access. He stated he believed Condition AA referred to pedestrian access, and although both of them are worded broadly and could cover both types of access, he felt they were compatible if they are considered from the point of view that one covers pedestrian access and the other covers vehicular access, and noted that in looking at the history behind these, that is what it appears to be. Mr Mr Winters reported the staff report states the tentative map Condition AA for non-exclusive access is ambiguous, but noted he did not agree, as the language is unequivocal, it is mandatory, and states "non-exclusive access easement shall be established over the private roadway". He noted that if traced back to the original EIR (Environment Impact Report), it was clearly related to public easements. Mr. Winters noted Planning Director Pendoley had suggested perhaps there was a special connotation about the non-exclusive clause that was particular to this case, so Mr. Winters went to the man who wrote Condition AA, Matt Guthrie, former Planner in the Planning Department, and asked him what he had meant when he wrote "non-exclusive access easement shall be established over the private roadways", and Mr. Guthrie had told him it meant exactly what it stated. Mr. Winters asked Mr. Guthrie if there had been any special meaning or connotation to that, and Mr. Guthrie told him, "No, it is straight English". Mr. Winters suggested perhaps it might be helpful for City staff to verify this with Mr. Guthrie. Winters also noted the staff report states Spring Grove Lane is affected by the same issues as Terrace Lane, and stated he did not believe this was the case. He pointed out there is no Note One applying to Spring Grove Lane, and those people, in their CC & R's, are guaranteed access, but there is no exclusion, it is open to public use. He noted Deputy City Attorney Davis stated there was no provision for public use, but neither was there a prohibition, which Mr. Winters stated left Spring Grove open to use. Terry Vei, 218 Spring Grove Lane, stated Spring Grove Lane is a private road, but he allows anyone to walk on it. He recalled living in Hawaii as a youth, and noted that in Hawaii they have long had a problem with Land Use, and one of the biggest problems was access to the beach. He reported it had been determined a long time ago that from the high tide mark of the beach property to the water was public property, and built into any development the right of the people to get to that public property, because it was the right of the people to have access to that. Mr. Vei stated that while we are not in Hawaii, we are in a prominent place with people who have the intelligence that the Hawaiians did. He pointed out this agreement was been determined before litigation got serious, and simply said that people have the right to exercise on the beaches. He stated this issue was the same, noting we were again dealing with the right of the people to exercise, and to continue to exercise as they always have. He pointed out there was the expectation of exercise and the ability to do recreational walking, and that is all they were doing. He stated just as the people in Hawaii have the right to the beaches, he felt the people here should have the right to continue to exercise as they have for years. Chris Bradshaw, 53 Terrace Lane, stated they bought their home with the full expectation that Terrace Lane was a private lane, and that there was no public access. He reported they had that expectation from both the seller and the Title Company, and had they known about this issue, and that there was such a mound of paperwork associated with this house, they would never have bought the house, and if they had known that there was public access down the lane, they would never have bought the house. Mr. Bradshaw stated it was sad, acknowledging that he has seen what this has meant to the neighbors; however, he noted all of the open spaces and all of the decks on their house are approximately three feet from the lane, and stated they bought with the expectation that this was a private lane. SRCC MINUTES (Regular) 6/2/97 Page 9 Mr SRCC MINUTES (Regular) 6/2/97 Page 10 Bradshaw acknowledged that all three properties have an easement across them, noting people walk up and down the lane visiting people who live up the street from his home, and he recognizes that they have an easement across his lane, noting all three of the properties have that right. Mr. Bradshaw stated they were not trying to be the "baddies" in this, they were just trying to protect their investment, reiterating that had they known the property was tied up in the issue of public access, they would never have bought this house. He stated public access would drastically change the value of the house, and they would move, because that was not what they wanted, noting they wanted a private place where they could enjoy their privacy. He stated they feel bad for what has happened, but noted it does not change the way they feel or what their expectations were. Tom Brown, 125 Spring Grove, stated he had written to Council setting forth some of the legal arguments, noting he had not intended to sound threatening, he wanted only to give context to what he believed was a bigger issue than perhaps had been considered. He stated he had the highest level of respect for the City Attorney's Office, which was known all over the State of California as one of the finest City Attorney's Offices in the State. Mr. Brown felt the thing that needed to be considered was what had given rise to the claim that the neighbors cannot walk back and forth on this portion of Terrace Lane? He pointed out it was only the note that appeared on the final map; however, he stated a note cannot be placed on a final map that is inconsistent with the process by which the tentative map was approved. He reported State law states a city cannot approve a final map unless it is consistent with the tentative map, noting it is not just that they must find consistency, they are prohibited from approving the final map if it is inconsistent with what was done in connection with the approval of the tentative map. Mr. Brown stated he felt Mr. Winters had done an outstanding job of detective work, noting everyone was looking back at a pile of documents twenty years old, and it was very difficult to piece that together. However, he felt it was very clear, from just the little amount he had reviewed with Mr. Winters, that the intent was always that the neighbors were going to have this pedestrian access. Mr. Brown emphasized the note had no legal significance if it was attached to the final map inconsistent with the tentative map approval. Mr. Brown noted he knew this neighborhood, and they were all respectful, sensitive people. He stated they respect the Bradshaw's privacy and their needs, and he could not see any of them using that access in a disrespectful, insensitive way. He noted with his family it has always been their intention to simply go quietly in front on a Sunday afternoon walk, although he had adhered to Mr. Winters' warning that they not walk by there since this dispute arose, except on the one occasion when his five year old daughter needed to go to the bathroom, and it was too far to walk back around the other way. Mr. Brown noted that was the practical reality for many of them, that going all the way back around was simply impractical. Mr. Brown stated he hoped Council would direct staff to work with the neighborhood, and he offered to work with the City Attorney' s Office to try to do further research, not only on some of the factual issues, but also on the legal issues that apply in this case. He believed the City did have options, and as suggested in his letter, he believed it was not simply to comply with the Bradshaw's request or be sued by them, there were other options. He stated that from his standpoint, he was perfectly willing to work out a mediated or negotiated resolution to this issue, with reasonable limitations on the use of this access, noting he had called the Bradshaw's attorney and suggested that. Mr. Brown felt that would be fully consistent with what obviously went into the tentative map approval twenty years ago. Lynn Kline, resident of Hillside Avenue, addressed the issue of the value of the neighborhood, stating that for the neighbors, the value of the neighborhood has really gone down when they cannot walk around. She noted she walks with her children around the streets of Ross, and all over Marin, as she has for the past seven years, and she cannot understand why they would have the only non -pedestrian roadway in their neighborhood, stating the City was taking from the value of their neighborhood because of an error on a final map. She pleaded with Council to look at the Open Space and the undeveloped lot, and work out a compromise, stating it should not be all or nothing because the Council was taking from the value of everyone in the neighborhood. Mayor Boro asked staff to acknowledge the letter received from Mr. Brown, responding paragraph by paragraph so they can all see the questions and the answers. He noted Councilmember Heller had brought up the question of the use of Open Space funds for the acquisition of an easement, and asked staff to research that possibility. MayorBoro stated if the neighbors and Mr. Bradshaw wish to discuss mediation, that was certainly something they could choose to entertain amongst themselves. SRCC MINUTES (Regular) 6/2/97 Page 10 SRCC MINUTES (Regular) 6/2/97 Page 11 Councilmember Miller asked for a strong clarification that the access to the Open Space is in perpetuity, through Spring Grove, noting that is the essential item, and it would be critical to him in any decision he would make. Councilmember Phillips referred to one of Mr. Brown's suggestions, stating it appeared as though there may be no winners in this situation, noting the immediate neighbors were most affected, and perhaps most capable of reaching something that works for their immediate vicinity. Therefore, he encouraged them to attempt to reach a mediated or negotiated resolution to this issue, stating he felt that would result in the most satisfactory conclusion, and while he did not believe there could be a "perfect" solution, it would likely be the best approach. He acknowledged the Council could certainly make a decision, and may be in the position where they will be forced to do that; however, he would encourage Mr. Brown and the neighbors to pursue what Mr. Brown had suggested. Mayor Boro asked that staff take this item back, and to notify Mr. Winters and Mr. Bradshaw, who in turn can notify the entire community, when this issue will come back before Council. Mayor Boro asked staff to assume this item would be brought back at the meeting of July 7, 1997. 13. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING QUITCLAIM DEED RE: PORTION OF OPEN SPACE LANDS SUBJECT TO ADVERSE POSSESSION RIGHTS (163 McNEAR DRIVE) (PW) - File 2-7 x 2-5-36 x 13-14.1 (Councilmember Cohen arrived at the meeting). Public Works Director Bernardi reported this was a request from Mr. & Mrs. Warner Scharf of 163 McNear Drive, asking the City to quitclaim to the Scharf's approximately 1,400 square feet of land that has been dedicated to the City as Open Space. He reported that during the course of staff's investigation they had worked very closely with the City Attorney's Office, and staff felt there was sufficient evidence to support the Scharf's claim that this land be quitclaimed, primarily because there are a number of elements necessary to acquire title by Adverse Possession. He reported the required elements are 1) open and notorious use or possession; 2) continuous and uninterrupted use for a period of at least five years; 3) hostile to the true owner under a Claim of Right, 4) and payment of taxes. Mr. Bernardi stated the evidence staff has found indicates the fencing and yard improvements of the Open Space were completed at some time around 1973, approximately ten years before the City received title to the land. He stated at the time the land was encroached upon it was privately owned. Mr. Bernardi reported the property was sold in 1976 after the fence and yard improvements were constructed, and accordingly there is a natural inference that the tax assessment of the property included the value of the land and the improvements covered by the encroachment; therefore, the fourth element, "Tax Payment", has also been satisfied. Mr. Bernardi stated the quitclaim deed and the Resolution have been reviewed and found acceptable by the City Attorney's Office, and pointed out the map included in the staff report, which defines the area that has been encroached upon, on what had formerly been private property. Mayor Boro asked if the title search at the time the Scharf purchased the property showed this area as part of the property parcel? Terrell Mason, Attorney representing Mr. and Mrs. Scharf, reported a title report only shows property as it is defined on a map, and on-site inspections usually are not done. Therefore, the title report shows the legal description of the deeded property as shown on the plat map, which did not show the improvements. Mr. Bernardi explained the assumption Mr. Mason was making was that when the property was purchased, the assumption was that the property being acquired was inside the fences; however, in this particular case the fences actually went out beyond what is the legal lot as established on the final map, although the Scharf's and previous owners have occupied this land since 1973. Mr. Mason pointed out that at the time the Scharf's purchased this property, the sellers were not even aware that this was not part of their property, and only discovered it as part of the disclosure. In order for the sale to proceed at that time, Mr. Mason obtained an encroachment permit, and then began discussions with the City regarding a grant of landscape easement or possible fee title acquisition. He reported it was during these initial discussions with the City Attorney's Office that the possibility arose of acquiring a fee title by way of adverse possession, based on the fact that improvements were made to the property in 1973, long before the City acquired it. SRCC MINUTES (Regular) 6/2/97 Page 11 SRCC MINUTES (Regular) 6/2/97 Page 12 Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution authorizing the Mayor to execute a quitclaim deed, and the City Clerk to record such quitclaim deed in the Office of the Marin County Recorder. RESOLUTION NO. 9860 -RESOLUTION AUTHORIZING EXECUTION OF QUITCLAIM DEED TO PORTIONS OF THE CITY'S OPEN SPACE LANDS BASED UPON ADVERSE POSSESSION RIGHTS (163 McNEAR DRIVE). AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCILMEMBERS: None 14. DISCUSSION OF CITY'S ACTIONS REGARDING THE HOMELESS IN OPEN SPACES (CM) - File 233 x 13-14.1 City Manager Gould stated it was important to recognize the City's relationship with the homeless people was not limited to law enforcement; therefore, this report would be a multi -departmental report, reflecting the City's multi -departmental response. He explained it begins with the fact that the City recognizes there is not sufficient housing or shelter in San Rafael, or in Marin County, for all who need it, noting the City itself has taken on its own role in providing affordable housing and temporary shelters for those who need them, as well as assisting service providers in the provision of services to the homeless in our community. Economic Development Director Ours reported the City has done many things in providing actual shelter for the homeless, noting one of the more interesting ones is 39 Mary Street, where the City contributed money to a homeless family recovery center. He explained this center had been in operation for approximately six years, and usually assisted single mothers and their families by putting them back into paying jobs. He reported the City contributed heavily to the Harbor Center, a forty bed facility which has been very successful, and also contributed our share to the Novato Shelter. Mr. Ours noted that for many years the City has been operating a renters rebate program, which assists people in San Rafael who are on the edge of not being able to pay for their rental units, and keeps them in those units. He reported the City also provides money for the Marin Mediation Services, so when there are problems between tenants and landlords there is a place to go to mediate the problems. Mr. Ours stated that if it is approved in the budget, the City would be contributing money to Ritter House this coming fiscal year, to assist in operating another program to help the homeless. Referring to affordability, Mr. Ours reported the City had contributed money to One "H" Street, Boyd Court, and Centertown, and noted construction on Lone Palm Court would begin within the next week or two, which will provide an additional twenty-four units at approximately 50% to 60% of median income. Mr. Ours reported the City has also contributed to the Marin Center for Independent Living, and Ecology House. Mr. Ours pointed out the City has done a number of inclusionary things through the Planning approvals, to make certain there are affordable units, noting the City has been fighting this on-going battle to provide actual beds for homeless people, and to keep those on the verge of homelessness off the streets, and this was an effort the City will continue to fight for. City Manager Gould stated the City recognizes that when homeless people live in the Open Spaces it creates a fire hazard to neighboring property owners and wildlife, noting in that case the City has an affirmative duty to try to mitigate that hazard. Fire Chief Robert Marcucci stated at this time of year people begin to think about the wildland fire season that is upon us, noting the Open Space lands have the potential for wildland fire problems simply because of the vegetation. However, he pointed out that fires do not start by themselves, noting he could not think of a fire in San Rafael during the past twenty years that started by itself, noting they always had a human factor. Chief Marcucci explained the use of Open Space land for inappropriate behavior or uses, such as camping or camp fires, was a potential for fire problems. He recalled the fires on San Rafael Hill in the past few years, which were attributed to the homeless camping out and camp fires being left unattended. Chief Marcucci reported it was not uncommon for both Fire Department and Police Department personnel to hike into the San Rafael Hill area at night, looking for the homeless and their camp fires. Chief Marcucci recalled last year the City closed down San Rafael Hill because of the potential for wildland fires, noting there had actually been a fire right behind the Falkirk Cultural Center. Chief Marcucci stated the City had not been unresponsive in dealing with the vegetation on the Open Space lands, noting since the beginning of this year the City has spent $17,000 through grants with the Conservation Corps and City money, taking care of the vegetation problems in the Gerstle Park neighborhood. He SRCC MINUTES (Regular) 6/2/97 Page 12 SRCC MINUTES (Regular) 6/2/97 Page 13 reported the City has also spent approximately $15,000 working on San Rafael Hill, and another $10,000 working with the Dominican Neighborhood Association. Chief Marcucci reported the Fire Department was working hand in hand with the neighborhoods, pointing out the neighborhoods were giving an "in lieu" contribution of their time and effort pulling out Scotch Broom and other vegetation. He noted the Fire Department had purchased Broom pullers, which the Department rents to the Homeowner Associations to use to pull out the Scotch Broom, and also hires a chipper to come in and dispose of the vegetation once the neighbors have cleared it. Chief Marcucci stated the objective was to create a "defensible space", space around a structure which, if a fire does start in Open Space land, will give the Fire Department the opportunity to respond and protect the home before it is threatened by the fire. He pointed out no matter what the Fire Department does, they have difficulty, in that under the cover of darkness people enter the City' s Open Space lands. He stated the City has become very serious in dealing with these people; however, it is a persistent problem, and he believed one of these days we were going to have major problems if we do not take an aggressive stand. Chief Marcucci stated that although he understands the homeless are having difficulty in their lives, at the same time he has a responsibility to protect structures from wildland fires, and he must do all he can to prevent people from getting into the Open Space. He noted people are welcome to hike on the roads and enjoy the Open Space, but not to camp or start camp fires, and he asked that everyone be fire safe and fire conscious. City Manager Gould stated the City also recognizes that it is unlawful to live or camp in public Open Space or public parks, and that is where law enforcement must come in. He pointed out the City has contacted various services providers, such as Ritter House and Homeward Bound, to try to communicate with those who are living or camping in the Open Spaces, to let them know the City's concerns and the fact that the City will enforce the law. Mr. Gould displayed a flyer which had been provided by the Human Concern Center to people who were thought to be camping in the Open Space. Captain Tom Boyd reported the Police Department had worked very closely with the Fire Department to enforce the provisions of the closing of San Rafael Hill last year, noting there were problems with people starting camp fires, and in addition to the fire danger, they found a lot of littering and human waste problems in the Open Space, created by people camping in those areas. Captain Boyd stated the Police Department would continue to work with the Fire Department on those closures to make sure people can enjoy the Open Spaces; however, they do not want them camping there because it does create a very significant safety problem. Referring to enforcement, Captain Boyd reported the Police Department has a Ranger who works during the day and also at night, noting he takes referrals from the Public Works Department crews, from the Police Department's Patrol Officers, and from citizens who call to complain, or to inform the Police Department of a particular camp site where people are congregating. Captain Boyd stated the Ranger drives a 4 -wheel drive vehicle, pointing out it is surprising how inaccessible many spaces in San Rafael are, and noting accessibility for the Police Officers is very difficult. He reported that while the Ranger can get out into these areas, it is very time consuming to walk those areas, and very difficult to do. Captain Boyd reported the Police Department has begun having the Police Officers from the graveyard shift working overtime in the morning, doing early morning patrols of the parks, particularly Gerstle, Boyd, and Albert Parks, in an attempt to clear the parks of anyone who should not be there. He noted the Downtown Foot Patrol Officers' beats have also been expanded, so they spend a lot of time in those three parks. He reported that during the past three or four weeks the Foot Patrol Officers had issued between thirty and forty citations for the possession of alcohol in a park, being drunk in a park, and other violations of that nature. Captain Boyd stated the Police Department has also been working with the City Attorney's Office, noting last year they had a very extended situation in the Dominican Hills area, where someone had lived for a long period of time and had built quite a structure in the Open Space. He reported the City had to serve an eviction notice, and it was a long and extended process for which the Police Department had to enlist the help of the Public Works Department in clearing the encampment. Captain Boyd reported he and Public Works Director Bernardi had discussed streamlining the process for the Police Department making referrals to the Public Works Department, so they can go in and clean-out those areas; however, part of SRCC MINUTES (Regular) 6/2/97 Page 13 SRCC MINUTES (Regular) 6/2/97 Page 14 the problem they have is that one person' s property may look to be another person' s refuse. He stated the Police Department has a real problem with this, noting they have a legal obligation to make sure they do not throw away people' s property. He stated they try to videotape as much as they can as a permanent record before asking the Public Works Department to clear -out an area, and if the property looks like it is something that would actually belong to someone, the Police Department does try to hold it for a certain period of time to see if anyone comes to claim it, or if the identity of the owner can be determined, the Police Department will contact the owner. Captain Boyd stated the Police Department would continue and likely step up their efforts, due to the fact that everyone knows we are going to have an early fire season, and this is a critical issue for the safety of San Rafael. City Manager Gould acknowledged the City recognizes the homeless problem is not confined to San Rafael, and that there are many who need shelter and currently do not have it. He stated that while the City is taking steps to provide shelter for those who need it, in no way can the City eradicate homelessness from our community. However, the City does recognize that it has an affirmative duty to protect the residents from the public health and safety hazards of homeless people living in the Open Spaces. Therefore, the Fire, Police and Public Works Departments are working in concert to enforce the law, and provide for public safety. Councilmember Heller asked how the City interacts with the other landowners in the area, the County and the State, and if they take responsibility for their fair share of assisting with the homeless in these areas? Mr. Bernardi stated they did. Pointing to the area near Gerstle Park as an example, he explained the City and the County each own 50% of the land, and noted the County has been very good about sharing the cost of the maintenance with the City. Mr. Bernardi reported the State has been aggressive in dealing with their lands, noting they patrol their lands regularly, and are insistent that no one camp other than in designated camping areas, such as China Camp. Councilmember Phillips asked, when someone is found camping or residing in some of these sensitive areas, what steps are taken with regard to the individual? City Manager Gould stated the City has found it is most effective when the Ranger or Police Officers encounter someone they have not dealt with before to inform the individual that it is unlawful to camp there, before citing the individual. However, if they encounter the same person again, then they have to cite them, and if we have further refusal, that may mean going to jail. He pointed out we try to take it one step at a time, to inform before enforcing the law, and noted we also enlist the services of the social services providers to help get out the word. Mr. Phillips stated he hoped people were not drawing the wrong conclusion, noting the flyer warning people of the fire danger is addressed, "Attention to anyone camping in the hills in Marin County", and he was concerned this might sound tantamount to approval, and a request for people to be careful while they are camping. City Manager Gould stated this pointed out the difficulty of different positions on homelessness, noting that particular flyer was put out by the Human Concern Center. He stated if the Human Concern Center or anyone else asks the City where it is lawful to camp, other than in designated State parks, there is no place in the Open Space where it is lawful to camp. He stated that was the City's position, and that is what the City must enforce. Phillip Fields, disabled and homeless, felt the issue should be re-educating the people who are using the Open Spaces. Mr. Field stated there was not a person among those at the meeting, unless they were independently wealthy, who could not lose everything in a bad business deal or be laid -off from their job, which could lead to homelessness, and asked them to please try to understand that not all homeless persons are bad people. Mayor Boro stated the City was not trying to say that the homeless people are not welcome here; however, there is a law in the City which states that camping is not allowed in the Open Spaces. He stated that is the issue now before the Council, and Council intends to enforce that law. Mr. Fields stated he was sorry Mr. Landecker had been assaulted, noting he, too, had been assaulted. However, he stated that to blame all the homeless in the Open Spaces for fires, and to brand them as criminals, was an indiscriminate way to generalize and demonize them. Mr. Fields respectfully urged the City Council to order the Police Department to enforce the laws that are already on the books, and forget about signing a Resolution that will stir up political and social unrest. SRCC MINUTES (Regular) 6/2/97 Page 14 SRCC MINUTES (Regular) 6/2/97 Page 15 Elizabeth Campos stated she was a disabled, homeless resident of San Rafael, and was also employed by the Marin Interfaith Homeless Chaplaincy as a Chaplain Assistant. Ms. Campos stated it was wonderful to hear the reports about what the City has done and how it supports agencies working to assist or protect the homeless; however, Ms. Campos stated the shelter system was inadequate because it was not accessible to physically disabled people. She reported she had been kicked out of the Mill Street Center, which is in the City of San Rafael, for taking her wheelchair inside and tracking mud on a rainy day. She further reported she had attempted to get into the Hamilton Shelter, which is out of San Rafael, and was told that it was not accessible, and that she should look for housing in another County. Ms. Campos stated all of the places mentioned tonight for which the City has contributed money for housing do not have physically accessible housing for the disabled such as herself. City Manger Gould asked if she had gone to the Marin Center for Independent Living? Ms. Campos stated she had been working with them for several months, but they have been unable to obtain physically accessible housing for her. Ms. Campos agreed with the City and encouraged the enforcement of laws against camping, against cooking or lighting fires in Open Spaces. However, she noted there had been a discussion last week about the St. Vincent de Paul Dining Room moving further away from the Downtown, and pointed out that the further away it is moved, the more people there will be attempting to cook on their own, because they will not be able to reach the dining room if it is too far away from where they are already camping. Ms. Campos pointed out communication between all the agencies was really important, and stated she would like to see a copy of the report sent to the homeless Chaplaincy, the Center for Independent Living, Homeless in Action, and Ritter House, so everyone really understands the concerns of the City. She also discouraged Council from adopting a special Resolution regarding this issue at this time, because the City of San Rafael already has laws in place. She stated there were already several agencies working very hard to alleviate the problem, and felt that enacting a Resolution was making a political statement against the homeless. Hugo Landecker, resident of the Gerstle Park neighborhood, stated he was an Open Space volunteer with approximately 1000 hours of volunteer time invested in the Open Space above Gerstle Park, noting he had been working there for approximately six years. Mr. Landecker emphasized he was a volunteer, working for the good of the community, and was not an activist as he was painted to be in the newspaper. Mr. Landecker stated he was also the victim of an unprovoked attack, which happened while he was doing volunteer work. Mr Landecker stated he was not saying that homeless was not saying that all the homeless people living bad campers; he was simply stating that the homeless laws, just like the rest of the citizens. people were bad people, and in the Open Space area were people need to abide by the Mr. Landecker noted he had spoken with Rob Simon from Human Concern, and Mr. Simon had stated that getting the homeless out of the Open Space was not realistic, because they did not have any place to go. Mr. Landecker stated he hoped that was not going to be true, but noted that if we move them out of one area and they have no place to go, they will probably just go somewhere else in the Open Space. Mr. Landecker noted that in the past few weeks the Police Department has been patrolling the area above Gerstle Park, noting they had made big inroads in getting the people to move one, and stating the City needed to continue those efforts. Mayor Boro thanked City Manager Gould, Public Works Director Bernardi, Chief Marcucci, and Captain Boyd for their reports, noting it was not Council's intention to take any action, but rather to provide an update on what the various departments are doing with respect to this issue. He pointed out the City does have a law which prohibits camping in Open Spaces, and we intend to carry out that law, noting the City is very concerned about fire, and intends to deal with that issue. He stated these reports gave the Council and the public a very good idea as to how we are working as a City, and how the department heads interact. 15. REPORT ON PRELIMINARY PROPOSED BUDGET (Admin. Svcs.) - File 8-5 Administrative Services Director Ken Nordhoff noted there are two catalysts in developing the Budget: one is the Council's Goals and Objectives, which were established last year and reviewed this Spring, and the second is the success in working with Council in developing a series of fifteen financial management SRCC MINUTES (Regular) 6/2/97 Page 15 SRCC MINUTES (Regular) 6/2/97 Page 16 policies, which the Council adopted by Resolution. Mr. Nordhoff reported these two items were being used as the matrix for developing the budget in the coming year. Highlighting some of the major changes, Mr. Nordhoff reported staff has been working diligently over the past several months restructuring some of the City's accounts. In particular, he noted we have had a large number of funds, approximately 119, and this number has been cut by more than half, just in consolidating some of the activities in these funds. He stated the budget also reflects inclusion of all the funds, noting that in the past we have not included such things as Debt Service Funds or Assessment Districts, and he felt it was important for Council to have a full understanding of all the expenditures of the City, even though some may be routine, or legal in nature. He believed full disclosure made them aware of everything the City does, with respect to money that comes in and goes out on behalf of the City, and when staff does an analysis of the actual results at the end of the year and compares that back to the budget, they will have more meaningful information because those figures have been put into place. Mr. Nordhoff reported that while some funds have been consolidated, new funds have also been put in place, stating they have identified Street Maintenance, Street Cleaning, and Sewer Maintenance, which the City provides on behalf of the San Rafael Sanitation District, as separate funds. He explained the intention was to show those funds and the services provided need to be self supporting. Additionally, Mr. Nordhoff stated funds have been established as Internal Service Funds for our two major insurance functions, Workers' Compensation and Liability, and again this is to provide information regarding the comprehensive costs required to administer these programs. Referring to Revenues and Expenses, Mr. Nordhoff reported that in the past we had not necessarily assigned assessments, fees, or charges to the activities that generated them, and that is something we will begin doing. He stated this was an outcome of the Business Cost Study, noting staff wished to make Council fully aware of the extent to which fees cover the costs of various programs, or in some cases, where that does not occur. Mr. Nordhoff stated staff had spent considerable time reviewing the structure of the budget and the level of detail, noting the City is moving more toward an activity -based costing environment, so staff has provided more delineation of some department activities. He pointed out they have also redefined the distribution of staff time as part of that reallocation. Referring to the Internal Service Funds on the insurance, Mr. Nordhoff pointed out that part of sustaining those funds is developing user charges that come back to the departments; therefore, those are new costs to the departments' budgets, with the expectation that charges for the services cover the cost of claims, administration reserves, and the like. Mr. Nordhoff reported on major Revenue trends, noting staff had spent a significant amount of time reviewing tax issues. He stated staff was projecting Sales Tax to be up 2.67% in the coming year, exceeding $12 million for the first time in the City of San Rafael, and also expect Secured and Unsecured Property Taxes to climb approximately 4.67%. He noted the overall property tax effect will be somewhat negated by the fact that we have had excess ERAF (Educational Revenue Augmentation Fund) monies available to us for the past five years, and this past year, to the tune of approximately $216,000; that legislation goes away. He pointed out there was a bill pending in Sacramento which may reinstate this, and while he hopes that is successful, it has not been assumed in the budget. Overall, Mr. Nordhoff reported we are seeing a strong recovery from the recession the City felt in the early part of this decade, noting we are seeing new highs in Occupancy Tax, Business License Tax, and Motor Vehicle Fees. He stated Fees and Charges have been projected at the current fee schedules, pointing out staff is working on a Business Cost Study, and would be bringing some items before Council regarding fees and cost recovery; however, the fee projections at this point assume fairly constant levels of service, and current rate structures. Referring to Expenses, Mr. Nordhoff stated they have built several things into the budget, the most important being that we have incorporated all of the MOUIs with bargaining groups, building in approximately 3,5% and 4.4% increases for the various Associations, and to the extent that some groups, such as part-time or management, did not have multi-year agreements, similar assumptions have been made in those areas. He stated a 2.5% Cost of Living adjustment has been calculated in our Operating Expenses for such things as supplies, contracted services, and equipment repair, and no new General Fund positions have been included in the SRCC MINUTES (Regular) 6/2/97 Page 16 SRCC MINUTES (Regular) 6/2/97 Page 17 budget at this time. Mr. Nordhoff reported the item that has most contributed on the Expense side to balancing the budget is the reduction in the retirement rates, which were instituted last January based on actuarial information. He reported those rates are going to save the General Fund approximately $1 million per year. Mr. Nordhoff referred to the General Fund, which is the largest Operating Fund and deals with Fire, Police, Parks and Library Services, noting the Fund is balanced at this time, with the inclusion of full funding for the Code Enforcement Program Council established last year, including additional staff effort in the City Attorney's Office, as well as the three Code Enforcement personnel. Mr. Nordoff reported some things have been added which he felt were important to balance out some long-term issues for City, stating he had set aside $220,000 of the $1 million savings he mentioned as a hedge, so if retirement rates should go back up we will have some way of funding this. Mr. Nordhoff pointed out that in the past Council has been setting aside $100,000 of tax money for Americans With Disabilities Act projects and needs, noting the City has a fairly substantial list. He noted he had built $100, 000 into the budget, assuming Council wishes to continue meeting those needs. Based on the City' s most recent audit of last year, we have approximately $2. 7 million of accumulated leave, and no current funding to pay for that. Therefore, Mr. Nordhoff suggested setting aside $200,000 to begin to accumulate funds, noting this is a real expense to the City when people leave. Mr. Nordhoff also pointed out that in the MOU's with the employee groups the City is committed to bringing them to being the highest paid employees in the County, and slightly ahead of our survey cities, which we use when discussing total compensation. Mr. Nordhoff explained part of this had to do with agreements with groups that had multi-year contracts, noting we had revenue sharing arrangements in which they would receive two-thirds of the excess money over most of the major tax resources, and Mr. Nordhoff estimated there was approximately $520,000 which he thought would be available for next year to help us achieve that goal, although he noted we would not know the exact figure until the books were closed at the end of the year. Mr. Nordhoff stated it was important to note with the General Fund that we are maintaining our 10% reserve, a financial management policy established by the Council. He reported we have also set aside $215,000 for the County's analysis regarding cable TV assessed valuations, noting that money was disbursed to us, but the cable TV industry is presently in litigation with the County, and it is likely we will lose approximately 60% to 90% of that figure. Mr. Nordhoff reported we have slightly over $1 million in grant based activity, representing a lot of work getting done in a lot of places, and noted if it were not for the grants we would have to find other ways to pay for this work or it would stop. He stated the most significant was signalization work at Fourth and Fifth Streets, which was approximately $447,000. He stated the balance of the $1 million is spread between Recreation, Police, Falkirk, and Library activities. Mr. Nordhoff reported there were two stormwater projects, MCSTOPPP and the Bay Area Ad Campaign, which will be shifted to the County, so we will wind those down at the end of this year, and transfer any excess funds back to the County. He reported he has included in the Hazardous Material Fund both the fact that the Fire Department is now a CUPA Agency on behalf of the State, and the Household Hazardous Waste Program. Mr. Nordhoff reported we are continuing to maintain a modest level of capital for infrastructure improvements and modifications, noting he had appropriated $600,000 for storm drains, $900,000 for street work, $150,000 for sidewalks, and $60,000 for park improvements. Mr. Nordhoff stated there were several issues they would be working on with the City Manager and other staff for Council's consideration. The first is that there have been some accounting changes in the way we accrue our tax revenues, and to the extent that this occurred in our last audit, he was estimating there was approximately $780,000 of one-time excess monies, above and beyond the 10% reserve requirement, and this could be used for one-time expenditures, such as Capital needs, additional radio replacement requirements, or whatever Council feels is appropriate. Mr. Nordhoff stated he would be working with the City Manager to develop a list to bring before the Council. Mr. Nordhoff reported staff would be conducting the final review of the Cost Study during the next couple of weeks, and he will come back before Council with policy direction and recommendations. He pointed out we can look at individual or group based services that are presently subsidized by tax dollars, make fee recommendations where that is appropriate, and free up tax dollars for enhanced SRCC MINUTES (Regular) 6/2/97 Page 17 SRCC MINUTES (Regular) 6/2/97 Page 18 or additional new services. He noted the City Manager had asked for a list of where and to what extent we might free -up some of that money, so that it might be better used. Mr. Nordhoff reported the City was working with five other districts and agencies regarding refuse rate fees for the coming year, and part of that for San Rafael will include the institution of a franchise fee, which will be new money for the City that could be used for such things as Capital Improvements and Infrastructure. Mr. Nordhoff pointed out a series of meetings were scheduled for the end of June, noting on June 23rd and 24th the departments would be prepared to discuss their goals and objectives, and we will be prepared to adopt the City and Redevelopment Agency budgets on June 30th. Mr. Nordhoff stated the total budget, as it is estimated at this time, is approximately $50 million, and includes all the activities of the City. He stated he believed the budget was balanced, and probably in the best position it has been in for several years, given the recession and various other factors. Mr. Nordhoff noted there were no new or enhanced services built into the budget at this time, and stated staff was in the process of completing a final review with the departments, and expected to have everything buttoned down within the next couple of weeks. Mayor Boro referred to Property Taxes, and recalled a number of years ago he had spoken with the former County Assessor, who pointed out that the valuation of many properties throughout the County had been reduced as a result of the recession and the market conditions at that time. Mayor Boro explained that something has to happen to re-establish those assessments, as it does not just happen automatically, and the Assessor cautioned Mayor Boro to make sure the City followed-up with the Assessor's Office to make certain the former valuations were brought back on-line. Mayor Boro asked Mr. Nordhoff to pursue that issue. Mayor Boro acknowledged the fine work of Assistant City Manager Suzy Golt in working with the Retirement Board, getting the City's contribution reduced by $1 million, and creating more realistic rates. Councilmember Phillips asked what Parkland Dedication funds represented? Mr. Nordhoff stated these were fees collected over a period of time as different projects throughout the community have been developed and designated, or set aside to be used for such things as park acquisition and improvements. Mr. Nordhoff stated it was estimated that we would begin the year with approximately $1 million in Parkland Dedication funds, and have estimated using some of that money for the Hoffmann ballfields, as well as other projects during the coming year. Mr. Nordhoff explained this amount represents what we expect to spend next year under this category. Mr. Phillips asked what the assumption was with respect to the Hoffman ballfields? Mr. Nordhoff reported the assumption was that the City would make a $200,000 down payment, and finance $15,000 a year for the next ten years to pay the balance. Councilmember Phillips asked about the Police radio system. Mr. Nordhoff reported we had not assumed any expenditures for the Police radio at this time, given the volatility of the issue; however, there is $1.2 million set aside in the Capital Improvement fund for this purpose. City Manager Gould reported Vice -Mayor Heller had chaired a committee meeting of elected officials from throughout Marin County to discuss this issue, noting there was a very high consensus among the elected officials on the committee that there is a real problem, and the major agencies throughout the County are going to have to replace their public radio systems in the near future. He pointed out the method of financing this will likely be with a lease purchase, which would be preferable to a one-time bond issue that would have to go before the voters. He noted San Rafael had a huge advantage, in that we have already set aside funds to purchase a new Police radio system, and would only need to find a way to lease purchase the Fire Department and Public Works systems to compliment it. Mr. Gould pointed out that until the Council allocates the money, which they can do at any time when we are ready to go, it would be inappropriate to show it as an expenditure during this fiscal year. Mayor Boro asked if the $49,811,000 was what Mr. Nordhoff would be bringing to Council at the budget hearings, with the various departments sharing with Council what they intend to do with their budgets next year, and a separate document showing the balance in all the other funds, such as Parkland Dedication and Reserves? Mr. Nordhoff stated that was correct, noting the information identifying all the balances and reserves has already been prepared. 16. CITY COUNCIL REPORTS: a. COUNTYWIDE RADIO SYSTEM - File 9-3-30 x 9-3-31 x 9-3-40 (Verbal) SRCC MINUTES (Regular) 6/2/97 Page 18 SRCC MINUTES (Regular) 6/2/97 Page 19 Councilmember Heller reported on a meeting of elected officials from throughout the County to discuss a Countywide radio system, noting the cities of Corte Madera, Fairfax, San Anselmo, and Ross were not represented. Ms. Heller stated she would be sending two reports from the meeting to the Councilmembers on Wednesday, an Executive Report on the Countywide System, and the response to comments from the four Councilmembers who had special questions and comments on where the radio system was going. Ms. Heller stated that while the meeting answered a lot of questions, it also opened up many new questions, and she felt there was going to be much more interest generated among the elected officials. She reported financing may be a lease purchase rather than a bond issue. b. TRAFFIC MITIGATION IN THE BELLAM/EAST FRANCISCO AREA OF SAN RAFAEL - File 11-1 x 11-13 x 9-3-40 (Verbal) Mayor Boro reported a special study session had been held earlier this evening at which the issue of traffic mitigation in the Bellam/East Francisco area was discussed. He reported Associate Traffic Engineer Nader Mansourian has presented some excellent solutions to the traffic problems, and urged Councilmembers Cohen and Phillips, who were unable to attend the special study session, to meet with Mr. Mansourian to review these suggestions. Mayor Boro and Councilmembers Heller and Miller gave Mr. Mansourian their tacit approval, and directed him to come back to Council with additional information. c. COMMUNITY POLICING - File 9-3-30 (Verbal) Councilmember Phillips reported members of the City/School Liaison Committee met with Police Chief Sanchez to discuss community based policing. He reported Chief Sanchez did a good job in describing what the City is doing, and felt there would be closer ties to the School District in this process. d. RECEPTION FOR JEFF BLACKWELL, SUPERINTENDENT OF SCHOOLS - File 102 x 9-2-1 (Verbal) Councilmember Phillips reported a reception would be held at the Falkirk Cultural Center on Monday, June 9th to honor Jeff Blackwell, Superintendent of Schools. e. POLICE CHIEF SANCHEZ INJURED - File 9-3-30 (Verbal) City Manager Gould reported Police Chief Sanchez had been injured this afternoon in an automobile accident. f. WATER POLLUTION EDUCATION PROGRAM - File 4-4-6.b (Verbal) Mayor Boro reported he would be speaking to a group of second grade students at Bahia Vista School on Thursday to discuss pollutants in the water. There being no further business, the meeting was adjourned at 10:40 PM JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1997 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 6/2/97 Page 19