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HomeMy WebLinkAboutCC Minutes 1997-08-04SRCC MINUTES (Regular) 8/4/97 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 4, 1997 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 6:30 PM Mayor Boro announced Closed Session items. CLOSED SESSION - 6:30 PM 1. 0 Public Employee Performance Evaluation - (Government Code Section 54957) Title: City Manager City Attorney Ragghianti announced no reportable action was taken. • Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956(b) Title: City's Contribution for Costs of Bellam Boulevard Extension, Hendricks & Horne City Attorney Ragghianti announced no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM None. CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Miller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Joint Meeting of Approved as submitted. Thursday, April 3, 1997 (w/Budget Oversight Committee) and Special Meeting, Special Joint Meeting (w/San Rafael Redevelopment Agency) and Regular Meeting of Monday, July 21, 1997 (CC) 3. Resolution of Appreciation to First Congregational RESOLUTION NO. 9891 - Church Concerning a New Head Start Program (CM) RESOLUTION OF APPRECIATION TO - File 102 FIRST CONGREGATIONAL CHURCH OF SAN RAFAEL FOR A NEW HEAD START PROGRAM. 4. Smith Ranch Court: (PW) - File 5-1-328 x 2-14 x 13-14.1 a. Resolution Approving Final Map Entitled "Map of RESOLUTION NO. 9892 - Smith Ranch Court". RESOLUTION APPROVING FINAL MAP ENTITLED, "MAP OF SMITH RANCH COURT", SAN RAFAEL, CALIFORNIA. b. Resolution Authorizing the Mayor to Execute a RESOLUTION NO. 9893 - Grant of Easement and Maintenance Agreement to RESOLUTION AUTHORIZING Tri Development Company, LLC, (the Subdivider) EXECUTION OF A GRANT OF for the Construction and Maintenance of the EASEMENT AND MAINTENANCE Drainage Improvements on City's Open Space, AGREEMENT TO TRI DEVELOPMENT in a Form Subject to the Approval of the City COMPANY, LLC (THE SUBDIVIDER) Attorney. FOR THE CONSTRUCTION AND MAINTENANCE OF THE DRAINAGE IMPROVEMENTS ON CITY' S OPEN SPACE, IN A FORM SUBJECT TO APPROVAL OF THE CITY ATTORNEY, SMITH RANCH COURT. 5. SECOND READING AND FINAL ADOPTION OF adoption of ORDINANCE NO. 1712 - Ordinance of the City Approved final Ordinance No. 1712. SRCC MINUTES (Regular) 8/4/97 Page 1 SRCC MINUTES (Regular) 8/4/97 Page 2 of San Rafael Amending the Zoning Map of the City of San Rafael, California, Adopted by Reference by Section 14.01.020 of the Municipal Code of San Rafael, California, so as to Reclassify Certain Real Property from the PD -WO -H (Planned Development -Wetland Overlay -Hillside) District to the PD -WO -H (Planned Development -Wetland Overlay -Hillside) District (Re: ZC96-6, End of Scettrini Drive/Merrydale Court, AP No. 180-124-02) (Vista Marin) (P1) - File 5-1-332 x 10-3 x 10-5 x 10-7 6. SECOND READING AND FINAL ADOPTION OF adoption of ORDINANCE NO. 1713 - Ordinance of the City of San Rafael Amending Title 14 of the San Rafael Municipal Code (City of San Rafael Zoning Ordinance), to Amend Chapter 14.16 to Specify that Medical Marijuana Dispensaries Are Not Permitted, to Amend Section 14.16.220(F) to Prohibit a Medical Marijuana Dispensary as a Home Occupation, to Amend Section 14.03.030 (Definitions) to Add a Definition for a Medical Marijuana Dispensary and to Rescind Ordinance No. 1710, an Urgency Ordinance, Previously Adopted on the Same Subject (P1) - File 10-3 x 9-3-16 x 13-1 Approved final Ordinance No. 1713. x 13-8 7. Resolution Amending Management and Mid -Management RESOLUTION NO. 9894 - Salary Resolution No. 9652 (One-year Agreement RESOLUTION AMENDING RESOLUTION From 7/1/97 Through 6/30/98) (Per) NO. 9652 PERTAINING TO THE - File 7-3 x 7-3-2 x 7-4 COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT AND MID -MANAGEMENT EMPLOYEES (One-year Agreement from July 1, 1997 through June 30, 1998). 8. Resolution Adopting MOU for Fire Chief Officers' Association (Two-year Agreement from 7/1/97 Through 6/30/99) (Per) - File 7-8-5 x 9-3-31 CONDITIONS FOR THE SAN RAFAEL FIRE Agreement from July 1, 1997 through RESOLUTION NO. 9895 - RESOLUTION PERTAINING TO THE COMPENSATION AND WORKING CHIEF OFFICERS' ASSOCIATION (Two-year June 30, 1999). 9. Resolution Authorizing Execution of Agreement RESOLUTION NO. 9896 - Renewing One-year Contract With Terra Linda Tow RESOLUTION AUTHORIZING THE for Abandoned Vehicle Towing (from 7/1/97 through SIGNING OF AN AGREEMENT WITH 6/30/98) (PD) - File 4-3-274 x 9-3-30 TERRA LINDA TOWING TO TOW ABANDONED VEHICLES FROM JULY 1, 1997 THROUGH JUNE 30, 1998. 10. Resolution Adopting Police Rotation Tow Fee RESOLUTION NO. 9897 - Schedule (PD) - File 9-10-2 x 9-3-30 RESOLUTION SETTING THE FEE SCHEDULE FOR THE POLICE ROTATION TOW ORDINANCE. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None SPECIAL PRESENTATIONS: 11. PRESENTATION OF RESOLUTION OF APPRECIATION NO. 9884 (ADOPTED 7/21/97) TO RICHARD OLMSTED, ARCHITECT, FORMER DESIGN REVIEW BOARD MEMBER (P1) - File 102 x 9-2-39 Mayor Boro stated Richard Olmsted had served eight years as a member of the Design Review Board, having been appointed in 1989 and 1993, noting Mr. Olmsted had served as Chairman of the Design Review Board, and was instrumental in helping to bring about rules and procedures for this organization. Mayor Boro stated Mr. Olmsted had overseen and brought to life many projects that are now in San Rafael, noting that because of the good work of Mr. Olmsted and people like him, we can be very proud of the things that are happening within our City. On behalf of the Council, Mayor Boro congratulated Mr. Olmsted, and presented him with a Resolution of Appreciation. Mr. Olmsted stated he was pleased to be so honored, noting he considered his years of service to be important, not only to himself but to the community, and he hoped the community would be the beneficiary as a result of that service. Mr. Olmsted stated he believed strongly in the Design Review process, and he hoped it would continue in its strong, vigorous fashion to express the interest of the community. SRCC MINUTES (Regular) 8/4/97 Page 2 SRCC MINUTES (Regular) 8/4/97 Page 3 12. INTRODUCTIONS OF TWO NEW POLICE LIEUTENANTS, DAVID JOHNSON AND JOHN ROHRBACHER; ONE NEW SERGEANT, JEFF FRANZINI; ONE NEW CORPORAL, THOMAS DONAHUE; AND TWO NEW POLICE OFFICERS, MICHAEL CASPER AND TRICIA WOOD (PD) - File 9-3-30 Police Chief Cam Sanchez stated this was a very important and proud night, noting the Police Department was introducing some outstanding Police Officers who had been promoted within the past couple of weeks, and also introducing newly hired Police Officers. He pointed out several other Police Officers had been hired within the past couple of months, but they were not able to attend this meeting, as they were attending the Police Academy. Chief Sanchez stated those individuals being introduced were a part of the fine Police Department within the City of San Rafael, noting those being promoted were an indicator of things to come, and the types of individuals the Department looks to for leadership, and to help the community at large. Chief Sanchez reported that during the past six months he had looked at staff and made decisions based on past performances, which led to the promotions being announced this evening. Chief Sanchez asked Administrative Captain Michael Cronin to make the introductions, stating Captain Cronin had done an outstanding job of getting the hiring done during the last six months, taking the Police Department to full staff. Captain Cronin introduced Lieutenant John Rohrbacher, stating he has been with the San Rafael Police Department since 1976, when he joined the Department as a Reservist. Captain Cronin reported Lieutenant Rohrbacher was appointed as a regular Police Officer in 1978, a Corporal in 1986, and a Sergeant in 1988, and noted he had served in a variety of assignments including Training, Motor Officer, and Administrative Sergeant. He stated Lieutenant Rohrbacher was instrumental in running the Field Training Officer Program and the Department Training Program, both of which are exemplary. He reported P.O.S.T, the Commission of California Standards Police Officers and Training Commission rates the San Rafael Police Department as one of the best training departments in the State of California, and we are the second best training department in the entire North Coast Region. Captain Cronin stated much of that effort was due to Lieutenant Rohrbacher. Captain Cronin introduced Lieutenant David Johnson, stating Lieutenant Johnson has been with the Police Department since 1972. He reported Lieutenant Johnson worked with the Major Crimes Task Force when it was the original Burglary Prevention Unit, the forerunner of the Street Crimes Unit. He noted Lieutenant Johnson also served for five years as the Juvenile Officer, worked as Investigations Supervisor, supervised the Dispatch and Records Unit, was involved in the Police Department's Special Response Team, and had been a Sergeant since 1981. Captain Cronin stated Lieutenant Johnson was also a facilitator in the Supervisory Leadership Institute, which is a cutting edge program for supervisors in Police agencies, and is viewed throughout the country as an outstanding example of leadership programs. He noted Lieutenant Johnson had been instrumental in putting this program together in the State of California. Captain Cronin introduced Sergeant Jeff Franzini, stating Sergeant Franzini has been with the Police Department since 1978, when he started as a Cadet. He reported Sergeant Franzini went to Dispatch in 1979, became a Reserve Officer in 1980, a Police Officer in 1981, and a Corporal in 1990. He reported Sergeant Franzini has been involved in the Special Response Team, and was a Field Training Officer, noting Sergeant Franzini will be supervising the Field Training Program. Captain Cronin introduced Corporal Thomas Donahue, stating he joined the Police Department as a Cadet in 1983, and was appointed as a Police Officer in 1984. He reported Corporal Donahue has worked in Investigations, Street Crimes, Traffic Enforcement, Foot Beat, and will now be returning to Patrol as a Training Officer. Captain Cronin introduced new Police Officer Michael Casper. He stated Officer Casper attended the Criminal Justice Training Center in Petaluma and was a graduate of California State University in Sacramento, where he majored in Criminal Justice. Captain Cronin noted Officer Casper grew up in Terra Linda, and was a lifelong resident of Marin County. Captain Cronin introduced new Police Officer Tricia Wood, reporting Officer Wood had attended the Police Academy at Las Madonas , and was a graduate of California State University in Hayward, where she also majored in Criminal Justice. Captain Cronin stated Officer Wood's appointment was particularly significant to the Police Department, as she marked the first time in anyone's memory that the Police Department has been at 100% full strength, noting there are no more vacancies within the Department. Captain Cronin congratulated those Officers being promoted, and welcomed the new SRCC MINUTES (Regular) 8/4/97 Page 3 SRCC MINUTES (Regular) 8/4/97 Page 4 Police Officers, stating the Police Department was very proud of all of them. Mayor Boro stated the City of San Rafael was truly blessed to have this caliber of people in our Police Department, and congratulated each of the Officers. PUBLIC HEARING: 13. PUBLIC HEARING - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: (PW) - File 6-48 a. RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 1997-98. Mayor Boro declared the Public Hearing opened, and asked for the staff report. Public Works Director David Bernardi reported these assessments had not changed within the past two years, and were not proposed to be changed this year. He stated staff was recommending Council adopt a Resolution confirming the Diagram and Assessment, and Levying Assessment for fiscal year 1997-98. Mr. Bernardi stated this was to comply with certain conditions of approval in the Planning process, by which there was a Pond Management Plan imposed, and noting this pays for that plan. There being no public comment, Mayor Boro closed the Public Hearing. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution confirming the Diagram and Assessment, and Levying Assessment for fiscal year 1997-98. RESOLUTION NO. 9898 -RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 1997-1998, BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None OLD BUSINESS: 16. UPDATE RE: ACQUISITION OF BERNARD HOFFMAN BALLFIELDS (Rec) - File 220 x 4-7-28 X 9-3-65 x 9-3-66 Recreation Director Sharon McNamee reported an offer had been made to the Dixie School District, and they were working on a purchase and sale agreement. She noted staff had also met with the Girls Softball Board of Directors, who were very excited about taking over the maintenance of the field, and working on their long list of basic maintenance items, as well as some capital improvements they would like to make. Ms. McNamee stated she had spoken with Cecil Nielsen, who is anxious to begin working on the play area for the site, noting the City will be meeting with Ms. Nielsen and some of the neighbors, and the Girls' Softball Board will be helping, as well. Ms. McNamee stated staff hopes to bring the Purchase and Sale Agreement before Council in early September. Councilmember Cohen asked what the downpayment would be? Ms. McNamee reported the downpayment would be $200,000, with annual payments of $10,000 for fifteen years. Councilmember Cohen moved and Councilmember Phillips seconded, to accept the report. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None NEW BUSINESS: 17. INITIATION OF PROCEEDINGS TO FORM THE PT. SAN PEDRO ROAD MEDIAN RESTORATION ASSESSMENT DISTRICT: (Admin. Svcs.) - File 6-54 a. RESOLUTION INITIATING PROCEEDINGS FOR THE FORMATION OF THE PT. SAN PEDRO ROAD MEDIAN RESTORATION ASSESSMENT DISTRICT 97-1, AND THE LEVY AND ASSESSMENT FOR FISCAL YEAR 1997/98, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. b. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR ASSESSMENT DISTRICT CONSULTING SERVICES. SRCC MINUTES (Regular) 8/4/97 Page 4 SRCC MINUTES (Regular) 8/4/97 Page 5 Administrative Services Director Ken Nordhoff stated the two Resolutions before Council were the first step in a series of processes necessary to potentially form the Pt. San Pedro Median Landscaping District. Mr. Nordhoff reported a number of years ago, when there were fiscal constraints, the Council chose to no longer maintain medians on an ongoing basis, and to that end, there have been neighborhood meetings with sixteen Homeowners Associations in the east end of town to discuss the possibility of improving the medians along Pt. San Pedro Road, between Union Street and Biscayne Drive. Mr. Nordhoff stated the Resolutions before Council meet compliance with the 1972 Lighting and Landscaping Act of the Streets and Highways Code of California, which states that anyone, either a citizen or group of citizens, has the ability to petition the Council and seek a request to form an Assessment District. He stated this was reflected in one of the Resolutions before Council, while the second Resolution would authorize the necessary assessment engineering work, which is the first step in a series of processes. Mr. Nordhoff noted the engineering work would have to come back before Council for final acceptance, and another public meeting would have to be held which would identify two future public meetings to discuss the process prior to any implementation. He stated the District could only be formed by a majority vote of the affected property owners. Mr. Nordhoff reported one neighborhood meeting was held on May 12th, with County, City, and citizen participation, and the neighborhood Homeowner Associations have conducted a survey of the property owners within their spheres of influence; however, he noted there were some properties that were not represented, so those properties have not yet been surveyed. It is estimated that there are approximately 2,800 parcels, and the response rate to the survey was roughly 40%. He reported that of those who responded, approximately 75% had expressed some interest in the District. Mr. Nordhoff reported notices of tonight's meeting had been mailed to all of the property owners who could potentially be involved in this District, actually over -noticing to some degree, and picking up properties north of Mission Avenue, east of Highway 101, and west of Embarcadero. He stated that while the owners of those properties received notices, they are not part of the proposed District, and staff will be sending letters informing them that they should not have received the initial notices. Mr. Nordhoff explained there was a cost associated with the Resolutions now before Council, stating the City is at risk for funds associated with beginning the work, which has been estimated at approximately $18,000. He noted we have received a verbal confirmation that the County is willing to contribute 40% of the cost, because there are a number of properties that are within the County's jurisdiction, so the out-of-pocket cost for the City would be approximately $11,000. Hugh Campbell, resident of San Rafael, recalled that in May, 1995 the Presidents of five Homeowner Associations met at St. Luke's Church to discussed the fact that the main artery into their neighborhoods, where they live, work, and raise their families, had fallen into a state of disrepair. He stated they asked what the property owners, not the City, could do about this situation, noting that in the ensuing twenty-six months it has been personally gratifying to see the group grow from five Presidents to sixteen Association Presidents, representing over 2,000 homes. Mr. Campbell stated one of the first things they wanted to do last year was to do what they termed Phase I, an initial clean-up of the roadway. He reported the group approached the Mayor and City Manager, who were very responsive, noting they stated the City and the County would work with the homeowners and do a Phase I clean-up. He stated there were approximately nine Homeowner Associations involved at that time, noting they contributed $1,000 toward the Phase I project, and a one-time clean-up of the roadway. Mr. Campbell noted it is approximately four and a half miles from Union Street to Biscayne Drive, with thirty medians representing 156,000 square feet, and twenty left-hand turn lanes. He stated that when the clean-up was completed, it looked very good, better than it had looked in years, even though it did not involve any planting or landscaping, just cleaning. However, Mr. Campbell stated the roadway today looks as bad or worse than it did before the clean-up work was done, and while the plan had originally been for a one-time clean-up, what is really needed is a long-term solution. He reported that after many meetings and much planning and discussion, they decided the logical long-term solution to this problem was to form a Landscaping Assessment District where the people who live in the District would contribute, not only to having the medians replanted and the water lines redone, but also to an on-going maintenance package, noting they agreed it would not be worth replanting and relandscaping if the maintenance is not planned for. Therefore, as part of their program they have included a maintenance factor that will ensure that once the work is done, the landscaping will be maintained as something they can be proud of. SRCC MINUTES (Regular) 8/4/97 Page 5 SRCC MINUTES (Regular) 8/4/97 Page 6 Mr. Campbell expressed his appreciation to all who have worked so hard on this issue, noting the untold hours spent by people in reaching the point they are at this evening. In particular, he thanked Stuart Lum, President of the County Club Homeowners Association, who had done a yeoman's job on many things, and Al Barr, President of the Loch Lomond Association. Mr. Campbell urged Council to endorse this report, and approve the initial Resolution of Intention to get the process started. He stated his group would continue to work with the City, as they have for the past twenty-six months, until the final vote is in and until the medians are reworked and something everyone can be proud of. Stuart Lum, President of the Country Club Area Homeowners Association, stated he had been working on this project with Mr. Campbell for quite some time, and would like to bring to Council's attention some of the problems they are trying to address with this project, and the reasons why the Engineering Report is essential. Mr. Lum estimated that only one-third of the plants that were there some years ago actually remain, and noted there is still a lot of dead and dying vegetation. He pointed out a lot of trash accumulates in the center medians because there is no maintenance, and weeds are very abundant. Mr. Lum noted that in no way did the deteriorating medians reflect the value and the pride the homeowners have in their neighborhoods. Mr. Lum noted that of the four and a half miles of medians, only one of the islands has a functional irrigation system, and the old irrigation system is non-functional, it leaks, and is very water inefficient. He reported many of the trees seen on the medians within the first two miles are inappropriate for that location, and P. G. & E. has cut the tops off some of these trees under their power lines. In addition, many of the plants are not draught tolerant and require a lot of water, and there is no consistency in the design or the plantings along the medians. He noted many of the medians are barren of any top soil or mulch, and the only thing that really lives on the medians are the heartiest of weeds. Mr. Lum reported that last summer the Committee worked with City and County staff and other volunteers to come up with a long-term plan, and also looked at alternatives for paying for the cost of restoration and maintenance. He reported the following facts came out of that work: 1) Clearly, a new drip irrigation system is essential for the long-term health of these medians, noting this item alone costs almost $200,000 to install along the four and a half miles; 2) Many of the trees should be replaced with more drought tolerant and appropriate varieties; 3) Inappropriate shrubs should be removed and replaced with more drought tolerant and easily maintained varieties; 4 ) The soil needs to be amended, with every effort to maintain the plants and retard weeds; and 5) We need a landscaping design that is appropriate for medians and is attractive, and is within the proposed budget. Mr. Lum stated the Committee has worked with City staff and others to develop a preliminary budget of $500,000 in construction costs, and $100,000 to pay for the cost of forming the District, for interest, and for bond reserves. Based on this budget, the annual cost to both repay the loans and for maintenance may be approximately $44. 00 per year, if the costs were borne solely by the homeowners. However, it is clear that the median restoration will also benefit commercial and public property owners, as well as result in a General Public Benefit, and as a result, the final cost to homeowners may be far less than the current estimate. Mr. Lum stated that in order to determine fairly the assessment level of those who will benefit, and allocate costs to commercial, public, and residential property owners, it is imperative that an independent engineer be hired. Mr. Lum acknowledged that the City Council wants to know there is substantial support for this project, and that the expenditure for an Engineering Consultant will be wisely spent and, hopefully, recoverable from the District. As a result of this concern expressed to the Committee by Mayor Boro and City Manager Gould, Mr. Lum reported the Committee undertook a survey among the property owners within the Homeowner Associations sponsoring this project, noting they sent out, at their cost, 2,238 letters and response cards, and organized a Town Hall meeting to address questions and concerns about the project. He reported that from this effort they received back 936 cards, for a response rate of approximately 42%, and of those responding 704, or 75%, stated they would be interested in restoring and maintaining the medians, and would be willing to pay an annual charge, which the Committee estimated to be $44.00, for those improvements. Mr. Lum noted that in the larger Homeowner Associations of Country Club, Glenwood, Loch Lomond, and Peacock Gap, the range of support in those Associations went from approximately 71% to over 81%. Furthermore, the Committee has met and talked with some of the major property owners, noting there are expressions of support from Montecito Shopping Center, Loch Lomond Marina, and the San Rafael Quarry. Mr. Lum stated all of these people are sending the message that they want something done about the SRCC MINUTES (Regular) 8/4/97 Page 6 SRCC MINUTES (Regular) 8/4/97 Page 7 medians, and they are willing, though perhaps grudgingly, to pay for it out of their own pockets. Assuming Council agrees to hire the Engineer Consultant, Mr. Lum stated the Committee members would like to assure the Council that their efforts have not ended, noting that after two years of work they would like to see this project come to fruition. He pointed out the Associations who support this project have already contributed funds, and will use their resources to make sure their members fully understand this project, and will continue to support the project up through the final vote. In addition, the Committee plans to meet with commercial property owners, and to host future Town Hall meetings when information from the Engineer's Report becomes available. In summary, Mr. Lum stated the Committee wishes to assure the Council that their expenditure will help further a project which has widespread support, and will help establish a fair and equitible formula for assigning costs and benefits. Mario DiPalma, past President of the Ridge of San Rafael Homeowners Association, stated he was representing Jerry Connors, current President of the organization which has been formed to improve the medians. He stated his desires are the same as those of the organization, and improving the medians would improve the whole aspect of living in eastern San Rafael, noting the organization is committed to this project, and most of his neighborhood had signed on to the planned improvements. He encouraged the Council to go forward with this plan, as it was a well thought out plan, one they have been working on for two years. He recalled that at the meeting held in May he had never seen such a large turnout for a neighborhood project, and one where the support was quite broad and deep, with very few people who objected. Mr. DiPalma stated the Committee was there to do the job, and hoped the Council would help them do it. Councilmember Phillips stated Council had received a letter from the Marin Municipal Water District, which stated they were not interested in participating in the proposed Landscaping Assessment District, and while they applaud the endeavor, felt their resources must be applied directly toward the operation and maintenance of their water system, and believed the landscaping would not benefit the Water District. Mr. Phillips asked if they would be participating from the standpoint of only one assessed party, or would it be broader? Administrative Services Director Nordhoff stated, as he understood the law, the Marin Municipal Water District would be participating for any properties they own within the proposed District, noting he believed four such properties had been identified in their letter. Mr. Nordhoff explained that prior to Proposition 218 public agencies were excluded from Assessment Districts, but under the new law no one is excluded; therefore, the Water District would have a voting opportunity of four parcels within this District. Councilmember Cohen noted County Supervisor Kress had given a verbal commitment that the County would participate, with the City to appropriate $18,000, and then bill the County for its share. He asked if that would be prior to the tabulation of the vote? Mr. Nordhoff stated it was his understanding that the billing for work already done would be done prior to the tabulation of the vote. Mr. Cohen asked, presuming Supervisor Kress' vote is binding on the County, if the City could assume that what we are putting at risk, should the property owners involved then turn this down, would be $10,000, or 60% of the proposed amount? Mr. Nordhoff stated that was correct. Councilmember Heller pointed out Item #2 on Page 3 of the staff report states the City's General Fund must contribute the General Benefit portion of the costs for the District, and noted the City would also be paying for the water and underground systems repair. She asked how the General Benefit portion was decided, and how we would be charged for that in addition to the other costs? Mr. Nordhoff explained the cost of the improvements would be determined, and then they would specifically decide how much of that improvement would be a General Benefit on behalf of the community, versus Special Benefit on behalf of the property owners in the proposed District. He stated the Special Benefit portion would go through a benefit analysis formula and spread to the various types of properties, noting the engineer would determine how much is Special Benefit and how much is General Benefit, and prepare a preliminary report for Council's Councilmember Heller asked if the City would have a certain number of parcels that would be the City's share? Mr. Nordhoff stated the City would have parcels, for such things as fire stations, which would be considered eligible to vote on, the same as any other property in the District. He pointed out those votes would be for the Special Benefits portion, not the General Benefit. SRCC MINUTES (Regular) 8/4/97 Page 7 SRCC MINUTES (Regular) 8/4/97 Page 8 City Manager Gould explained the General Benefit in this case would be the benefit to all the residents of San Rafael in having four and a half miles of medians relandscaped and maintained, noting the engineer would tell us what percentage, as a whole, that represents. He explained that under Proposition 218 the City would be responsible for that General Benefit portion of the cost. Donald Manion, resident of Santa Margarita Drive, stated the City was risking $11,000, pointing out it was a billing to the County, not a payment from them, based on a verbal commitment from Supervisor Kress. Mr. Manion stated the staff report presented only two options for Council, to either accept or reject staff's recommendations; however, he believed there was a third option that would be less expensive, which would be to delay the matter and take a further examination of the people who actually reside in the area. He stated he has lived in the area for twenty-seven years, and until Archbishop Quinn shut down St. SilvesterIs Church, he never used Pt. San Pedro Road, he always used Santa Margarita Drive or Jewell Street. He acknowledged the District would improve the Montecito and Peacock Gap areas, but felt it did nothing for him. He pointed out the residents are already paying a service charge to the Marin Municipal Water District, noting that although he has been told by a responsible member of the City of San Rafael that the water main is quite adequate, there is still a Water Assessment District. He also reported that on September 6th there will be another assessment for the septic system, which is something he does not feel is beneficial to him. In addition, Mr. Manion stated he pays a tax on the elementary school, although he has no children in elementary school, he pays a tax on the San Rafael High School, although he has no children in high school, and he pays taxes on the Library, although he never uses the Marin County Libraries. Mr. Manion stated he was paying a lot of money for services he never receives, and he felt it would be more prudent to delay this matter, as the Board of Supervisors did, to find out, apart from these various Associations, whether there actually exists support for this expenditure. Bill Simmons, resident of Villa Real and former President of the Loch Lomond #10 Homeowners Association, stated the residents were in favor of the remedies being discussed. However, he was concerned about the danger of the City abdicating its responsibilities in forming these Assessment Districts, referring to the issue of the Del Ganado Ditch, which is going through a similar procedure. Mr. Simmons believed it boiled down to the allocation of funds, and the priorities established by the City of San Rafael. He noted the staff report stated the City had decided that money would not be allocated for maintenance of beautification of the median strips, stating he had previously been unaware of that decision, and felt the City had been reluctant to indicate this policy would be followed throughout the City. Mr. Simmons asked Public Works Director Bernardi when the City was going to pave San Pedro Road? He stated the example being set for what is going to happen was not very good, noting that although it had been only a short time since they dug to put the sewage mains in, they still wanted to know when the road was going to be fixed up. Referring to Mr. Simmons' remarks about the Council making choices, Mayor Boro recalled that in the early 1990's when we started going through the recession here in this City, as well as the rest of the State, there were so called "take-aways" taken from each of the cities, and San Rafael lost approximately $3 million from our General Fund to the State, which we have not received back, and at that time the Council had to make decisions as to what the priorities were within the City. He stated Police and Fire services are the City's biggest priority, our Libraries are a priority, and there are a lot of other issues that are top priorities. Mayor Boro stated at that time the decision was made that the City would not maintain the street medians throughout the City, pointing out it was not just in the Pt. San Pedro Road area, it was throughout the City. He reported that decision had been reaffirmed at the Council's last budget session. In response to Mr. Simmons' question about paving the road, Public Works Director Bernardi reported the last sewer project which the Sanitation District was about to complete involves an approximate 4,000 foot stretch of San Pedro Road, from roughly Marina Boulevard to just before Lochinvar Drive, noting part of this is within County jurisdiction, and part within the City's jurisdiction. Mr. Bernardi stated the Sanitation District has agreed to pay its share of resurfacing the eastbound direction, and the City and County will pick up the difference, and respectively pay their portions for the eastbound direction. However, the City and County are waiting for the outcome of the issue of this proposed Assessment District, noting they do not want to pave the road and then have it cut up for installation of new service lines for an irrigation system. Therefore, Mr. Bernardi stated San Pedro Road would be resurfaced, it was only a question of when it would happen. SRCC MINUTES (Regular) 8/4/97 Page 8 SRCC MINUTES (Regular) 8/4/97 Page 9 In addition, Mr. Bernardi stated there were also some sections of San Pedro Road in the westbound direction, primarily within the City limits from Lochinvar Drive to just past Manderly, which need repair as well, and the Public Works Department is working on that with their Overlay Program. He reported that within the next year and a half this should all be taken care of. Brian Hitson, 90 Rollingwood Drive, stated he was in favor of the proposed Assessment District, noting the improvements to the median strips were sorely needed. He stated if some of the repaving improvements are contingent upon the formation of the Assessment District, other projects might also be delayed as a result of delaying this Assessment District. He also believed there would be quite a lengthy process involved in getting the Engineering Study completed and going through the other public processes; therefore, he encouraged Council to proceed at this time. Laura Suski, Co -President of the Glenwood Homeowners Association, referred to the issue of taxes, acknowledging that a lot of our taxes go to Sacramento and get reduced, come back to San Rafael and get reduced a little further, and then the residents see a little benefit from it somewhere down the line, in such things as our Fire Department, Police Department, and Libraries. Ms. Suski stated she saw this tax as a tax she wants to pay, because it will directly benefit her, her neighborhood, and her entire community. She stated she would love to have all of our taxes set up like this, noting she was sick of sending the taxes to Sacramento and having them reduced. Ms. Suski reported there are 700 homes in the Glenwood area, and they are the least expensive homes in a housing region of homes ranging from $300,000 to $2 million within the Assessment District. She noted some people would say that a $300,000 house was a middle income home; however, in many households both the men and the women are working every day, and they would like to see the area looking nice when they come home, noting she believed people who work hard deserve to have a nice ride on their way home. Ms. Suski stated she felt this was a tax that most of the people moving into Glenwood do support, although some of the more established residents of the area, who are on a fixed income, do have more of a problem with it. However, she pointed out they had bought their homes for $40,000, and were now sitting on a house worth $300,000 or more, and they need to realize their neighbor is paying a lot more in taxes to live in a house exactly like theirs, working two jobs to come home to that house. Reverend Stanley Anderson, retired clergyman living in Glenwood, noted that when he moved to Glenwood he visited the Homeowners Association meeting, and from then until now they have been trying very hard to raise $5,000 to re -do the entry sign to Glenwood. He stated he had not paid any Association dues since he learned it would cost $5,000 to make their sign look better than the others along the line. He stated there were seventeen Homeowner Associations in the area that have never been able to get together for anything, and when he heard they wanted to join together and try to put this Assessment District together he was really shocked, and went to one of the meetings to see what this was all about. Reverend Anderson stated he was concerned because 60% of the residents did not respond to the survey, but they were being counted as "Yes" votes for this project. Mayor Boro stated that was not the case, explaining that 75% of those responding, approximately 701, had indicated they were in favor of forming the Assessment District. Councilmember Cohen pointed out that no one had actually voted on this issue as yet, stating what was being proposed at this time was for the Council to pay for an Engineering Study that will allocate the costs, and once the costs are known, there will be a vote. He explained that unless and until the property owners in the District vote in favor of the assessment, there will be no assessment, and a majority vote of the property owners would be required before anyone is assessed. Regarding the "Yes" and "No" votes of those who did not respond, Mr. Cohen stated it was his understanding of the information presented to Council that 2,238 surveys were mailed out, and 936 responses were received, which is 41.8%. Of those almost 42% who responded, 704 residents, or approximately 75%, indicated they were supportive. He acknowledged that those who chose to support the project were the ones who, for the most part, chose to send their responses to the survey. Mr. Cohen reiterated that no assessment would be imposed on anyone until a vote is taken and more than 50% of the property owners respond positively. He asked if it was correct that there needed to be an affirmative response from over 50% of all of the property owners? Mr. Nordhoff reported it needed to be more than 50% of the responses received. Mr. Cohen stated everyone would have the opportunity to vote, and if after all the information goes out about this issue people choose not to vote, then they will not be counted in the total when we figure out the 50%. As further clarification, Mayor Boro stated Council wanted to be assured before they acted that there was support from the community to go forward and pursue the issue, and the actual levying of any taxes would not take place until a formal vote is taken after SRCC MINUTES (Regular) 8/4/97 Page 9 SRCC MINUTES (Regular) 8/4/97 Page 10 the costs are known. Reverend Anderson agreed the vote should be postponed until more information can be given to Council, noting it was not fair for them to be hearing only the positive side of the issue. He stated he was concerned because he and his wife were in their 701s, and would not be around twenty years from now to payoff the assessment; therefore, when they sell their home, one of the obligations a new buyer will have to accept is the obligation to fix the medians. Reverend Anderson urged Council to delay this decision. John Westmoreland, 212 Riviera Drive, stated he has been saddened by the condition of the median strips for a number of years, and believed this was a fine investment for the homeowners, noting he did not believe the condition of the drive from San Rafael to Peacock Gap is in any way enhancing their property values in the condition it is in right now. He stated he sincerely believed that if this matter is set right, the property value increases are going to more than pay for what the homeowners put in for doing it. Mr. Westmoreland stated he had great faith in the Council, and in their continued ability to find a compromise solution that will see this matter correctly handled. Bill McNew, 225 San Marino Drive, stated he felt the median strip renovation was basically a "motherhood" issue, noting one cannot really speak against it. However, he stated beauty was in the eye of the beholder. Mr. McNew stated that having lived in this area for the past twenty years, and through two droughts, he felt a planting requiring water and maintenance was not a very pleasant prospect. He noted the Marin Municipal Water District did not support an Assessment District, which meant that if there was another drought, water costs would go to the ceiling, and there would be no shelter against that for the homeowners and the City, who must continue to uphold their obligations. Mr. McNew felt there should be a more cohesive, artistic plan before this goes too much further, suggesting perhaps an all stone decorative median, such as a Japanese rock garden, which would be zero maintenance and require no water. He noted this could be quite beautiful, and would be a one-time expense. Mr. McNew referred to the staff report which stated, "Votes are no longer tabulated as one vote for one owner", noting he interprets that to mean the votes would be weighted according to the benefits of each parcel. He asked if this meant that if he has no benefit he has no voice? He stated he found that a little undemocratic. Mr. Nordhoff stated that issue was squarely the thrust of Proposition 218, which shifted voting processes in Assessment Districts from one vote for one property owner, to weighting those votes, depending upon the level of benefit received by the various property owners. Practically speaking, it tends to be that single-family residences are dealt with the same, apartment units are dealt with the same, and commercial properties are dealt with the same. Mr. Nordhoff pointed out the benefit to a commercial property or a yacht club was going to be something different than for a single-family residence, and those votes would be weighted accordingly. Mr. McNew was concerned because he believed once a taxing district is established, it never goes away or reduces its fee; therefore, a one-time zero maintenance fee had a lot of attraction. Lynn Mason, 18 Jewell Street, stated she was one of the residents who had received a notice by mistake, noting she had been very upset to see a notice for $44.00 a year when they do not even drive that road. She stated her concern is how much of the General Fund is going to be used for this, noting $11,000 sounds reasonable, but asking if someone comes along with a plan for another Assessment District, and then yet another plan after that, is the Council going to continue to use the General Fund for everyone who comes forward with an Assessment District plan? She pointed out the City has stated there is no money for such things as sidewalks, noting she lives next to the High School, and there are fourteen vehicles parked in the area that is supposed to be the sidewalk area. She reported it was once paved with asphalt, but was now mud, broken asphalt, and broken tree limbs and roots, and the residents have to walk in the street to pass by the vehicles that are parked there. She stated the City has said there is no money for sidewalks, yet there is $11,000 to put an engineer to work to decide if it is even feasible to hold an election for this Assessment District. Al Barr, President of the Loch Lomond Homeowners Association, noted this was one of the first Assessment Districts the Council has been confronted with since the passage of Proposition 218, and he felt this proposal was fairly well organized in contrast to earlier ones. Mr. Barr stated some of the speakers had raised interesting questions, and referred to the issue of the cost of water during a drought. He acknowledged that if there were a drought a certain amount of the plants would die, but noted that had been factored into the maintenance budget, stating the budget was calculated to replace a certain number of plants at specific intervals. Mr. Barr stated the President of the Marin Municipal Water District had mentioned at a Water District Forum that with the line coming down from the SRCC MINUTES (Regular) 8/4/97 Page 10 SRCC MINUTES (Regular) 8/4/97 Page 11 north, he did not anticipate we would ever have water rationing, even during a drought. Mr. Barr pointed out that the maintenance would be put out to bid every year, and would be done by a private contractor, with the City administering the process. He noted the cost of the maintenance was calculated to increase only to the degree of the percentage of the cost of living each year. Referring to the suggestion of planting the medians in a no maintenance fashion, Mr. Barr stated that would be an option, but when we get to that point and everything is approved, they hope to have a group of concerned citizens who will come together and advise the City on various options of how they would like this to be done. He pointed out that some medians could only be planted in very low maintenance, while other medians could be planted in a much more attractive fashion, with flowering plants all year round. Mr. Barr reported the Committee had looked at other medians throughout the County, pointing out the median on San Marin Drive in Novato had been designed by a Japanese Landscaper seventeen years ago, and was a beautiful median. Mr. Barr stated it was the Committee's ambition that the four and a half miles of medians on Pt. San Pedro Road be one of the more attractive drives in Marin County, and will add significantly to the value of the homes. Mr. Barr reported that according to the law, they could not publicly commit that this would increase the values of their homes, but stated he believed it would have to, although to what degree he did not know. Mr. Barr addressed an earlier comment from a gentleman who did not expect to be living in his home twenty years from now, and stated he believed it was the senior citizens who would benefit most from this effort, because when they sell their homes they should more readily sell them, or at least get additional value for the homes, and the buyer will end up paying off the assessment. Mr. Barr stated it is the younger homeowners, who are in support of this plan, whom he sympathizes with the most, because they will have to pay off the Assessment. Mr. Barr stated the Committee will hold another public meeting, where people who have questions about the design, the process, and the report from the Engineering Consultant will have an opportunity to get answers, and then there will be two meetings held by the City prior to the actual vote. Mr. Barr stated he anticipated, based upon the results of the Committee's survey, that the vote will be positive. Mr. Barr noted the Committee is only asking the City to advance $11,000, and they have every assurance the City will get this money back. He stated the Committee is asking the City to help them tax themselves, and to provide a very modest down payment on the process, with every expectation that this money will be returned to the City in the very near future. John Kolb, resident of Pt. San Pedro Road in Bayside Acres, stated he was a senior citizen on a disability pension, and owned two parcels, which meant he would be paying two fees. Mr. Kolb noted San Pedro Road through Bayside Acres was a continuous wall in the center median, with only 10% that could be planted with flowers. He noted that in discussions with other residents in his neighborhood, they saw no reason why they should pay if all they are doing is looking at a retaining wall. Mr. Kolb stated he wanted this considered in the assessment of the fees, because that is all they see. Richard Waite, resident of Alta Vista Way, stated he lives two blocks above Pt. San Pedro Road, and with the new boundary lines that had just been given, he was not certain if his property was within the proposed Assessment District or not. However, he reported he spends a lot of time walking on Pt. San Pedro Road during the middle of the day, noting he sees nothing wrong with the medians. He stated if anything needed to be fixed it was the road itself, noting all he sees are orange cones as they are working on the road. He felt that to put this tax on the citizens who own parcels in the area was irresponsible, as he believed this was money that should be paid by other sources. He stated he was against the Assessment District, and considered it "gilding the lily". Councilmember Heller stated that in looking at a letter from Richard Tarrent, his concern was that at some point monies might be taken from this project and put into other areas of the City. While she understood this was not going to be the case, she asked what might happen if, at a future time ten years down the road, the policy of the City was that we would pay for some of the median improvements throughout the City, would this Assessment District be dissolved, and they would then participate in the overall policy decision? Mr. Nordhoff stated that in the same way an Assessment District was formed it could be dissolved, and in such a case, the Assessment District would be dissolved. Mr. Nordhoff pointed out that language had been developed for the benefit of the Assessment District with respect to how long the assessments last or how much they are increased, and noted there were a number of things that could be included within the official language that is proposed for the formation of the District. Councilmember Phillips asked Mr. Nordhoff if he felt, through the survey, we have SRCC MINUTES (Regular) 8/4/97 Page 11 SRCC MINUTES (Regular) 8/4/97 Page 12 been provided with fairly good information with regard to the area's preference in this matter, and whether this is a valid survey or not? Mr. Nordhoff stated, after having spoken with the Engineers, they indicated that if we have received a 40% response rate to a survey of property owners who are interested in forming a District, that is a very high response rate, as they typically tend to run approximately 15% to 20%. Also, the fact that there is a 3 to 1 interest is also very strong, as they usually run 55% to 60%. Mr. Nordhoff acknowledged that those were only statistics; however, he felt we had as good information as we could get, given the efforts of the Homeowner Associations and volunteers who have put this together. Councilmember Phillips stated he applauded the community for all of its efforts, explaining the Council was not voting at this time to assess. He stated there would be a long, drawn-out public process that would hopefully provide information useful to those who would be directly impacted in making the decision, noting it was the property owners themselves who would be voting "Yes" or "No". Therefore, Council was merely providing the community with the opportunity to decide for itself whether or not it wants this assessment, and if so, they will receive the direct benefits. He noted the community deserved the Council's support with regard to this first step, based on all of the work they have put into this. Councilmember Cohen noted once the Engineering evaluation is completed the City will, in fact, be paying for maintenance of these medians, because some portion of the determination of the benefit is going to be found to be of benefit to all the taxpayers of San Rafael. Therefore, the City's General Fund is going to have to be paying for general maintenance for this median, where we are not going to be paying equivalent amounts for other medians where there have not been Assessment Districts. He noted the City could be charged with paying General Fund tax money to Pt. San Pedro Road when money is not going to other areas of the City, but the response would be that this is because these homeowners chose to assess themselves and, therefore, the City had to spend money on that. SRCC MINUTES (Regular) 8/4/97 Page 12 SRCC MINUTES (Regular) 8/4/97 Page 13 Councilmember Cohen stated the complexities proposed by Proposition 218, and the whole issue of weighting of property values, requires that the City hire an expert to make that determination; therefore, until the City hires an expert, we cannot tell anyone what the actual assessment might be, because we do not know what the impact is going to be on residential parcels, versus commercial parcels, versus public parcels. Therefore, we cannot have a vote on the issue because we do not know what we are asking people to pay until the study is completed. Mr. Cohen noted Council had been asked to wait, but his response to that is, "Wait for what"? He stated valid questions were raised about the methodology of the survey that was undertaken, including the distribution and explanation of the surveys; however, the issues were not being raised at this time, and he felt this was because a lot of careful work and careful thought went into preparing the survey, making sure it got out to everyone, and in giving everyone the opportunity to respond, noting he was not surprised there had been such a strong response in favor of the proposal. Mr. Cohen stated this was about as good as it was going to get without having specifics to put in front of people to vote on, and now Council is being asked to put up $18,000 of the public's money to get specific, so we can actually have a proposition on which the residents of this District can vote. Mr. Cohen stated he did not see where the City could do another survey that would improve on this one, noting at some point the decision was going to have to come to spend the money to have hard numbers to give people. Councilmember Cohen noted comments were also made that the money for this should come from someplace else. He stated the reality was that this Council, as with other Councils, has made priorities, noting the financial situation of local governments is such that the City does not have the money to do everything that everyone would wish us to do. Therefore, we have to start with our core services of Public Safety, and extend beyond that where we can to repair, maintain, and improve our infrastructure, and to provide recreational and Library facilities that we are responsible for. Beyond that, the citizens are going to be seeing more of this, noting that when we put together the impacts of Propositions 13, 4, and 218, all of which were passed by the voters of this State, basically what local government has been told is that General Tax money is to pay for those things that are of General Benefit to all taxpayers, and anything that is of a particular benefit to an identifiable group of taxpayers needs to be paid for by that group. Therefore, the voters of California have brought this on themselves. He noted we will be seeing more Assessment Districts and fees for special services, noting the City has been left with a reduction or a limit on the amount of General Tax money, and an increase in the need to do Assessment Districts in order to do things such as median strips that are a greater benefit to people who live along a particular road. Councilmember Cohen commended those who made the presentation on behalf of the Assessment District for their work during the past two years, and all those who have worked on and supported this issue, noting he was impressed by all the work, and getting all the neighborhood Associations involved in supporting the issue. He stated that spoke as strongly as the survey results regarding the commitment behind this issue, and he was confident that if this proposal were put forward, it would pass. Councilmember Miller stated that in listening to the neighbors out in the East San Rafael area, he felt it had been very beautifully brought forth to Council that the voice of the neighbors is saying, "We want our neighborhood to be beautiful, and we want our neighborhood to have and exhibit a quality of life that we want to share with our children, with our families, and with our futures". Mr. Miller stated he saw the $11,000 bridge loan as a real genuine sign and an affirmation back to the community, to these neighborhoods from the entire community, to look forward and state, "You have shown leadership, and in what you are doing, we want to support you". Mr. Miller stated he saw it as a major obligation to say "Yes" to the neighborhoods' wishes; therefore, he would support this proposal. Mayor Boro referred to Ms. Mason's concern of whether there would be more of these Assessment Districts, and whether Council would continue to spend the money. He stated this was a new phenomenon for the Council to deal with, noting they had been very careful in dealing with the representatives of the Homeowner Associations to come forward with some assurance, via the sample ballot they sent out, to see if there was some interest there. He stated the City had gone over the numbers, noting Mr. Nordhoff had mentioned the high response of interest and positive support we have had, and he agreed this was a good response, and the percentage of people in favor indicated strong support for this proposal. Mayor Boro noted the City had taken it upon itself to provide the Homeowner Associations with the labels for their mailing, to make certain that everyone who would be affected would be noticed, and the City was trying to do everything it could to help the community and the City work through this process, noting this was really the first one the City has gone through to this level. Mayor Boro stated he saw the $11,000 as an investment in the work the people have put into this during the past two years, and he felt the risk to the City was minimal, SRCC MINUTES (Regular) 8/4/97 Page 13 SRCC MINUTES (Regular) 8/4/97 Page 14 and that we would get the money back. He stated he believed there was support for this effort within the community of East San Rafael, and he felt the City should go forward. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution initiating proceedings for the formation of the Pt. San Pedro Road Median Restoration Assessment District 97-1, and the levy and assessments for fiscal year 1997/98. RESOLUTION NO. 9899 -RESOLUTION INITIATING PROCEEDINGS FOR THE FORMATION OF THE PT. SAN PEDRO MAINTENANCE ASSESSMENT DISTRICT 97-3, AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 1997-98, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution authorizing the execution of an agreement for Assessment District consulting services. RESOLUTION NO. 9900 -RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MUNI FINANCIAL CORPORATION FOR ASSESSMENT DISTRICT CONSULTING SERVICES - PT. SAN PEDRO MAINTENANCE ASSESSMENT DISTRICT 97-3. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None MONTHLY REPORT: 14. ANNUAL WORK PLAN REVIEW (CM) - File 237 Assistant City Manager Suzanne Golt stated she was reporting on a full twelve month period, noting that when she began reporting on the Work Plan Review a year ago there were slightly more than fifty projects and activities, and it has been building ever since, with approximately eighty projects or activities currently underway, and slightly over ninety completed projects. She stated this report was somewhat different from the monthly reports, as it included a year-end report as well, and was a culmination of all the monthly reports to give Council a good picture of what staff has been doing the past year, and how we have been implementing the eight main goals and objectives Council and the City Manager set a year ago. Ms. Golt noted the report began with the regular monthly report, showing each goal and a list of the projects completed in fiscal year 1996/97. Mayor Boro commented it has often been noted that while most cities do some project tracking, very few follow through, and he thanked Ms. Golt for an outstanding job. Councilmember Heller asked for clarification of "apartment recycling" in the Canal. Ms. Golt stated this referred to the fact that recycling in the various apartment buildings in the Canal area has not quite taken, noting it has been a continuing battle. She stated the City had some good partnerships with Marin Recycling and the Conservation Corps, which has a rather large grant that can be focused, in great part, on recycling in the Canal. Ms. Golt reported she and Code Enforcement Officer Nimat Grantham- Shakoor were working to get a pilot program started in one of the apartment buildings, hoping that very soon we will see some progress made in this area. Councilmember Miller moved and Councilmember Phillips seconded, to accept the report. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCIT. ERS: None 15. DEPARTMENT REPORT - ADMINISTRATIVE SERVICES DEPARTMENT (Admin. Svcs.) - File 237 x 9-3-20 Administrative Services Director Ken Nordhoff explained the Administrative Services Department was actually set up in two divisions, Finance and Information Services. He reported the Department has a staff of twelve and a half, with a total budget for 1997/98 of just over $1.4 million. Mr. Nordhoff reported there were two major areas in the Finance Division; the first is Operations, which includes such things as purchasing, payroll, accounts payable, financial reporting and budgeting; and the other half of this Division SRCC MINUTES (Regular) 8/4/97 Page 14 SRCC MINUTES (Regular) 8/4/97 Page 15 was Treasury and Revenue, dealing with investments and cash management, revenue collection, and business licenses and parking citations processing. Mr. Nordhoff stated that in the Information Services Division they were supporting hardware and software requirements, which included everything from operating systems to desk top applications, cabling, and PC servers, and they also have responsibility for communication between those systems, which is where we get into networking protocols, local area network communication, and telephone systems. Mr. Nordhoff noted he had provided a breakdown of the staff, with respect to some of the functional areas of the Department. He reported there is a Deputy Finance Director who handles Finance operations, and reporting to that person is the Accountant, Payroll Clerk, and the Accounts Payable Clerk; on the Treasury and Revenue side, Revenue Analyst Victoria DeWitt oversees the Business License Clerk, the Parking Citation Clerk, and the half-time clerk who covers the cashiering counter. Mr. Nordhoff noted those three positions are cross -trained to handle all three functions, so they do not have desks that are structured for just one particular service, but rather we have a multitude of staff that can answer most of the questions regarding those general services. Mr. Nordhoff stated the Department also has a Secretary, and volunteers and summer youth, noting he felt this was important to mention, because they do a lot of the day-to-day tasks that might have to be stopped altogether if someone else could not be found to do them. Highlighting some of the accomplishments of last year, Mr. Nordhoff stated staff had made a substantial revision to the budgeting process, and made a radical change to the accounting structure, cutting the number of funds in half and trying to simplify some of the information the Department will be providing long-term, which Mr. Nordhoff felt would serve the Departments well. Mr. Nordhoff noted they also refinanced some Assessment District bonds in January, which benefited three of the Assessment Districts, and also translated into lower taxes. He reported staff is in the final stages of the Business Cost Study, and he hopes to bring this to Council at the second meeting in September, along with an Ordinance and Fee Resolution. Mr. Nordhoff stated staff completed a refuse rate review the end of June, and those recommendations had been adopted. Mr. Nordhoff stated the Department's goals for next year would include the development of the Long-term Financial Plan and updating the Business Cost Study. Mr. Nordhoff reported, as required by law, we need to change our Investment Policy, and he will be returning to Council within the next couple of months with alternatives that might allow us to strengthen our yield position, but not compromise the safety or our liquidity in the cash that the City invests. Mr. Nordhoff stated he will be giving serious consideration to a two-year budget cycle, and what that might mean for the City of San Rafael, and he will ask the Finance Division staff to begin thinking about very specific tasks and needs with respect to ultimately migrating our financial applications from their present environment. Mr. Nordhoff stated the Information Services Division consists of Information Services Manager Eusebio Joves and two Programmer Analysts, all of whom have been in the Division for approximately six months, noting he felt they have accomplished quite a bit in such a short period of time. He reported they have formed an Information Services Committee, which Mr. Nordhoff believed was very important, explaining this is a grass-roots group of staff who are looking at a number of issues they believe will affect technology for the City, and noting he felt it was very important to have committee buy -in of the direction and recommendations they will be bringing forward to Council in the next three or four months. Mr. Nordhoff reported a network has been installed on the second floor of City Hall, and the Division has purchased a myriad of personal computers and printers, in part because there has been a long-term need, and they are assisting in that where they can. He stated the Division is supporting the existing BRC applications, noting there are a total of twenty-two, and they benefit the Recreation, Police, Fire, and Finance Departments. Mr. Nordhoff stated the Information Services Division is providing an ever increasing amount of personal computer support which will include a number of things, such as training and maintenance of existing systems. He reported Information Services Manager Eusebio Joves had taken the initiative of putting together a technology newsletter, which the Division will continue to distribute to keep the organization aware of what is going on with respect to Information Services. Mr. Nordhoff reported they are beginning to centralize some of the network file servers, and will begin by bringing the Public Works Department server and the second floor City Hall server together, so that ultimately we can have communication amongst multiple departments, and be able to E-mail messages and documents. SRCC MINUTES (Regular) 8/4/97 Page 15 SRCC MINUTES (Regular) 8/4/97 Page 16 Mr. Nordhoff reported the Division has established personal computer hardware and software standards, so as we go out to procure new systems, those systems will fit into an overall strategic plan that provides common platforms and generates better rates of return on our investments in technology. Mr. Nordhoff stated the Information Services Division has a series of goals for next year, noting they will be working on developing a Vision Statement with respect to technology, and also putting together a Strategic Plan, which they would like to consider a working document. He stated the Division is also presently establishing criteria they feel the Committee can use to help in deciding which projects need to get done first, and Sub -committees are working on a Computer Usage Policy, Equipment Allocation Policy, and an E-mail software platform. Mr. Nordhoff stated they intend to provide cross -training within the Division, noting each of the staff has their own area of expertise, and they want to round them out so they each become more of a generalist, thereby providing better service to the organization. Mr. Nordhoff reported the Division will be providing a series of personal computer training classes, noting staff had just completed a survey, receiving 168 responses for a variety of different things. Mr. Nordhoff stated there is a much greater need than the Division is likely to be able to support, but they will give it their best effort. He stated they would continue to purchase personal computers, noting the Fire Department had expressed an interest in making some changes, and they will be servicing other departments as needed. Mr. Nordhoff reported they will be planning and implementing some new networks, noting they are working with the Library, the Fire Department, Recreation, and the Print Shop, looking at how those things might be put together so the staff can be more efficient in what they do. He stated they would also be working with the Police and Fire Departments in studying computer aided dispatch, records management, and public safety applications. NEW BUSINESS: 18. EMPLOYEE WELLNESS PROGRAM (CM) - File 7-1-41 Administrative Assistant Sharon Andrus reported that several months ago City Manager Gould requested a committee be formed to develop an Employee Wellness Program, noting the employees were very enthusiastic and there was a tremendous response. She stated initially the committee brainstormed to determine what they felt they wanted the program to be, and it was decided the program had to be voluntary, absolutely needed to be confidential, and it needed to be comprehensive and varied so there would be participation by most of the employees. Ms. Andrus reported that in January a survey was sent to all employees showing options for what the committee felt might be included in the program, and 55% of the employees responded, expressing at least moderate interest in every item that was proposed. Given this response, the committee began implementing some of the smaller components, which they could easily accomplish while they worked on the larger ones. Ms. Andrus stated two companies presented proposals to the Wellness Committee, noting the committee had stated the City was willing to spend $20,000, and asking what they could do. She reported the proposal from Fitness Appraisal was oriented more toward fitness, while Kaiser Permanente asked the Committee to tell them what we wanted, and they would find a way to make it work. She stated this was in large part due to the favorable relationship they have had with the City's paramedics. Reporting on the major components of the program, Ms. Andrus stated there would be an Annual Health Fair, which will include health screenings chosen by the City. She stated there would also be follow-up counseling, and based on the health risk appraisals, employees can contact the counselors and meet with them privately or speak with them on the telephone. If the health risk assessment indicates a condition that needs to be followed-up and the employee has not contacted the Health Educator, then the Health Educator will contact the employee and attempt to follow-up. Ms. Andrus stated there would be one-hour lunchtime educational programs, and in addition to these, Kaiser Permanente has educational displays that will be rotated through different sites, such as a blood pressure display that will be at a particular site every day for a month so employees can test their blood pressure. Ms. Andrus noted Kaiser was going to try to make their displays as interactive as possible. Ms. Andrus reported the item employees were most interested in was fitness center membership, noting the committee tried very hard and contacted at least a dozen health clubs in Marin, Sonoma, and Solano Counties. She stated all the clubs SRCC MINUTES (Regular) 8/4/97 Page 16 SRCC MINUTES (Regular) 8/4/97 Page 17 were willing to waive the enrollment fee, but no one was willing to offer a big monthly discount; therefore, the committee decided to propose reimbursing employees $10.00 per month on a membership fee, and they can go wherever they want. She stated the total amount of reimbursements by the City would be capped at $12,000 per year. Ms. Andrus stated other programs and elements the committee has implemented, or are in the process of implementing, include a 25% discount for employees on classes at the Recreation Center, and free swimming for employees and their families at the Terra Linda Recreation Center pool, noting 45 employee family passes have already been issued. She reported there have already been two employee blood drives, noting the next would be held on September 22nd at Pickleweed Community Center, with the Recreation Department doing the bar-b-que. She stated they have also been working with the Fire Department, because the employees would like CPR classes, and those will begin in the Fall. She noted they are also trying to schedule recreational activities so the employees will have the opportunity to interact with each other outside of the work environment. Ms. Andrus noted the entire Employee Wellness Program has been put together to stay within the $35,000 that has been budgeted. Mayor Boro noted the staff report indicated Kaiser Permanente was underwriting this program, by approximately $18,000 over and above what the City is contributing, and Ms. Andrus confirmed that this was correct. City Manager Gould commended Ms. Andrus for picking up the ball on this project, with very little direction on his part. He noted that although this has been very popular with the employees, it takes a champion to take an idea like this, help form the committee and the program, bring forth a proposal to Council, and then implement the program if it is approved. He stated Ms. Andrus has a passion for the health program, noting she has the respect and affection of all the employees in the City, and was the right person to lead this effort. He also noted Ms. Andrus had recently been promoted to become the City's Risk Manager, and she is now responsible for Liability, Workers Compensation, the City's Safety Programs, and if approved by the Council, the new Employee Wellness Program. He stated he has great confidence in her abilities to manage these programs. Councilmember Heller stated she found this to be an excellent program, and heartily commended the committee for putting together the employee discounts for the recreation classes and swimming pool. Councilmember Cohen noted the background section of the staff report mentioned special programs, such as smoking cessation and Weight Watchers, which tended to be more individually targeted, and would not be the kinds of issues that would be addressed during a lunch program. He noted the major components of the Wellness Program seemed to be either the follow-up counseling, based upon the health risk appraisal, or the educational programs. He asked if the special interest programs would come in as a result of the follow-up counseling, or if they were something we would be doing later? Ms. Andrus stated there would be follow-up counseling and lunchtime programs, and in addition, employees would be able to tap into existing Kaiser programs. She stated Kaiser was even willing to allow employees to schedule follow-up visits at a local Kaiser facility in the area where they live, rather than the facility in Terra Linda. Councilmember Phillips moved and Councilmember Cohen seconded, to approve the implementation of the Employees Wellness Program, with core program components provided by Kaiser Permanente in accordance with the 1997/98 budget. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None 19. DISCUSSION AND APPROVAL OF SALARY ADJUSTMENT FOR ROD GOULD, CITY MANAGER, FOR YEAR 1997/98 - File 9-3-11 x 7-3 (Verbal) Mayor Boro stated the Council had held review sessions with City Manager Gould two weeks ago and again this evening, and explained he had asked Councilmember Phillips to serve with him on a committee to come back to Council and recommend the salary treatment for Mr. Gould for the coming year, based on his 1996/97 performance. Councilmember Phillips reported the Council has had a discussion and evaluation of Mr. Gould's performance during his first year, concurring that he has done an outstanding job, and stating the City is indebted to him for his results and performance. SRCC MINUTES (Regular) 8/4/97 Page 17 SRCC MINUTES (Regular) 8/4/97 Page 18 Councilmember Phillips stated he and Mayor Boro were first recommending Mr. Gould receive a bonus for his outstanding performance during 1997, equal to 5% of his monthly salary during the year 1996/97, or $5,600. Secondly, they were recommending a salary increase of Mr. Gould I s monthly rate to $10 , 000 per month. Mr. Phillips stated this would make Mr. Gould the highest paid City Manager in Marin County, which Council felt was well deserved, noting the task here is certainly formidable compared with any other city, and certainly those in Marin County. Councilmember Phillips moved and Councilmember Miller seconded, to approve a bonus of 5% of monthly salary during the year 1996/97, equal to $5,600, and a salary adjustment to set the monthly rate at $10,000, effective July 1, 1997. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT:COUNCILMEMBERS: None 20. CITY COUNCIL REPORTS: None SRCC MINUTES (Regular) 8/4/97 Page 18 SRCC MINUTES (Regular) 8/4/97 Page 19 There being no further business, the meeting was adjourned at 10:05 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1997 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 8/4/97 Page 19