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HomeMy WebLinkAboutCC Minutes 1998-11-02SRCC MINUTES (Regular) 11/2/98 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 2, 1998 AT 8:08 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION - 7:00 PM: 1. a. Conference With Labor Negotiator (Government Code Section 54957.6): Negotiator's Name: Daryl Chandler Employee Organization: Child Care The scheduled Closed Session was not held. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:40 PM COMMUNITY DEVELOPMENT DEPARTMENT - File 9-3-85 x 240 (Verbal) Former City Code Enforcement Officer Nimat Shakoor-Grantham addressed the Council, relating how wonderful her experience had been working for the City of San Rafael. She stated that in her twelve years of Code Enforcement experience, this had been the best City she had ever worked for, with the warmest people, the most dedicated, caring and committed Council, and the most wonderful leadership and vision. She noted she had not seen another City Council with a Mission Statement they actually abide by. She also praised the leadership of City Manager Gould, noting he truly has an open ear to the direction of the Council, and clearly expresses what needs to be done. Referring to Community Development Director Bob Brown, Ms. Shakoor-Grantham stated that after having gone through two Community Development Directors, Mr. Brown truly made them a team, noting everyone was happy to be at work. She stated she would try to take the City's values, and all the things she learned while working in San Rafael, with her to her new job. Ms. Shakoor-Grantham thanked everyone for making this the best working experience she has ever had. Mayor Boro stated Ms. Shakoor- Grantham had earned the respect of everyone in the community, not only from among City staff, but from the citizens of San Rafael, as well. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Phillips seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Joint Annual Meeting Approved as submitted. with the Park & Recreation Commission of Friday, September 18, 1998 (CC) 4. Request for City of San Rafael Amicus Participation: Approved amicus participation (CA) - File 9-3-16 in support of City of Angels. Fukuda v. City of Angels (Third District Court of Appeal, Case No. C018274, Supreme Court Case No. 5071467; review granted 8/12/98) 5. City's Exercise of Marin Housing Authority's Declined to exercise option to Option to Purchase One BMR Unit at the Marin purchase; adopted motion Lagoon Condominium Project: 59 Mariners Circle directing City Attorney to (CA) - File 229 x 9-3-16 advise Marin Housing Authority of City's intention not to exercise option to purchase 59 SRCC MINUTES (Regular) 11/2/98 Page 1 SRCC MINUTES (Regular) 11/2/98 Page 2 Mariners Circle, and to direct Marin Housing Authority to record a Notice of Abandonment of Option. 6. Update to the City's Investment Policy (MS) Accepted report, as presented. - File 8-9 x 8-18 7. Monthly Investment Report (MS) - File 8-18 x 8-9 Accepted Investment Report for the month ending September, 1998, as presented. 8. Resolution Accepting Grant Deed of Easement for RESOLUTION NO. 10329 the Construction and Maintenance of Street Light RESOLUTION ACCEPTING GRANT Facilities - 150 Pelican Way (PW) DEED OF EASEMENT FOR - File 2-2 x 4-4-6b THE CONSTRUCTION AND MAINTENANCE OF STREET LIGHT FACILITIES - 150 PELICAN WAY (BAYVIEW BUSINESS PARK OWNERS ASSOCIATION). 9. Resolution Authorizing the City Manager to EnterRESOLUTION NO. 10330 - Into an Agreement With the Department of Corrections RESOLUTION TO AUTHORIZE for the San Quentin Work Crew, Effective January 1, THE CITY MANAGER TO ENTER 1999 through June 30, 2000 (PW) INTO AN AGREEMENT WITH THE - File 4-10-224 x 9-3-40 DEPARTMENT OF CORRECTIONS FOR THE SAN QUENTIN WORK CREW, EFFECTIVE JANUARY 1, 1999 THROUGH JUNE 30, 2000. 10. Resolution Approving the Use of State COPS Program RESOLUTION NO. 10331 Supplemental Law Enforcement Funds in the Amount of RESOLUTION AUTHORIZING THE $121,732.60 for Police Overtime for Community USE OF STATE COPS PROGRAM Oriented Policing (PD) - File 9-3-30 x 9-2-54 SUPPLEMENTAL SERVICES 11. Approval of Street Closures for the 19th Annual Parade of Lights and the 9th Annual Winter Wonderland Events on November 27 and 28, 1998 (RA) - File 11-19 FUNDS IN THE AMOUNT OF $121,732.60 FOR POLICE OVERTIME FOR COMMUNITY ORIENTED POLICING. Approved staff recommendation: 1) "A" Street between Fourth Street and Fifth Avenue, and Julia Street between "A" and "B" Streets from 8:00 AM on Friday, November 27, 1998 to 6:00 PM on Saturday, November 28, 1998 for the snow play area; 2) Fourth Street between Lootens and "B" Streets, and the southern portion of Court Street for the tree lighting event and special Holiday Market on Friday, November 27, 1998 from 3:00 PM to 9:00 PM; 3) Fourth Street between "B" and "E" Streets for the Parade of Lights event on Friday, SRCC MINUTES (Regular) 11/2/98 Page 2 SRCC MINUTES (Regular) 11/2/98 Page 3 November 27, 1998 from 5:00 PM to 6:30 PM; 4) "E" Street between Fourth Street and Fifth Avenue from 5:00 PM to 5:30 PM for Parade assembly. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Agenda for further discussion: 3. RESOLUTION AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH TOWNSEND/MOORE FOR COMMUNITY SURVEY ON LIBRARY (Lib) - File 4-10-306 x 12- 8 x 9-3-61 Councilmember Heller stated she was delighted to see this item on the Agenda, asking for more insight as to the timeframe. She also felt the City needed to pay attention to a rumor she had heard, that the County Library was going to be moving most of its services north to Novato, which meant the City would have to look very carefully at the "north of the hill" area, and be sure they were not left without any Library services at all if the County does move from the Civic Center. Library Director Vaughn Stratford stated they had made a point of including this in the survey. Referring to the timeframe, Mr. Stratford stated the workplan calls for the work being completed in January; however, he noted it would likely be February when the final report is presented to Council. Ms. Heller asked if, in the preparation of the survey, they would consult with the towns of Mill Valley and Belvedere to see what their focus was? Mr. Stratford stated that would be part of the recommendation. Mayor Boro acknowledged the intention was for this to happen; however, he felt that if the City was going to spend the money on a survey to ask the voters what they would consider spending money for, as far as obligating themselves, then we should do more than focus on just the library, and should ask what else people might have an interest in, noting he did not believe we could assume that the City was going to go back to the voters every other year or so with a major Bond Measure. He stated he would like to ensure that this Measure looks at a number of the key issues we have, with the Library obviously being one of them. Mr. Stratford stated that had been the key factor in the choice of TRBU (Townsend, Raimundo, Besler, and Usher) as the consultant, because they had a broader focus. Councilmember Cohen referred to the timeline, pointing out one of the reasons mentioned for the choice of TRBU as our consultant was their "two poll" approach. He asked what was going to happen between those two polls, if they were simply going to be taken at two different times to see if the results were different, or if there was going to be some interaction with the City between the times the two polls are taken? Assistant City Manager Nordhoff reported the polling actually had two steps; one was a "first cut" to test the preliminary questions put out by the City, refining those questions, and making some determinations as to what extent the City wants to expand, contract, and modify that. He stated the first cut data would be given to staff to evaluate before proceeding with the second round of polling, noting the second round would not be done consecutively, or without any interaction with staff or the stakeholders. Mr. Nordhoff stated he and Mr. Stratford had discussed this with Townsend, Raimundo, Besler, & Usher, and it was made clear they would come back with the first round of data, and there would be some discussion before going back with the second polling process. Mr. Stratford pointed out this was detailed in the actual proposal. Councilmember Phillips stated he agreed with Mayor Boro's comments with regard to expanding the survey, yet the report seemed to be very specific with regard to an outcome directed toward the Library. He stated he was unclear as to whether the City was going with this specific proposal, asking these specific questions and expecting certain responses to those issues, or whether the scope was expanded? Mayor Boro referred to one of the questions in the section of the report where they come up with the results, "How Library Issues Rank Among Other Issues of Importance to San Rafael Voters", stating that was what he wanted SRCC MINUTES (Regular) 11/2/98 Page 3 Fla SRCC MINUTES (Regular) 11/2/98 Page 4 to make certain the City accomplished in this poll, identifying the issues that are of importance. He acknowledged the Library might be the most important, but noted if there were other things that are as important, the City might want to look at doing more than just the Library. Mayor Boro noted the City had not gone out for a Bond Measure in a number of years, and he believed the City had to be certain that whatever we went out with, we would address the City's needs, as best as we could. Mr. Nordhoff stated the Committee clearly understood TRBU's approach was different than the other two, and was focused on trying to achieve a balance between the services people felt were most important, and the level of taxation they might support, giving the City the highest statistical probability of success if we tried to proceed with some type of tax measure. Mr. Nordhoff stated the idea, as Mayor Boro suggested, was to look at a number of services provided by the City, find out what is important to people, then look at the other side of the ledger, find out to what extent they would support some increased level of taxation, what type and how much, and make recommendations for something the City could put on the ballot, including suggested language and timeframes, giving the City the highest opportunity of success. Mr. Nordhoff stated the City originally went into this looking at Library services; however, the TRBU proposal gave staff a different way of viewing this, which they believed was going to achieve what the Council wanted, by looking at community services as a whole, and also look at the best opportunity for a possible tax measure, if that is Council's choice. Mr. Phillips asked if Mr. Nordhoff was satisfied that what Council was being asked to approve would expand to the extent suggested by Mayor Boro? Mr. Nordhoff stated he was. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 10332 - RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH TOWNSEND, RAIMUNDO, BESLER, AND USHER TO CONDUCT A COMMUNITY SURVEY TO ASSESS COMMUNITY SUPPORT FOR EXPANSION OF THE LIBRARY AND ENHANCED LIBRARY SERVICE, AND/OR OTHER CITY SERVICES NOT TO EXCEED $45,000, COMMENCING NOVEMBER, 1998 AND ENDING NOVEMBER 1999. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPROVAL OF ANNUAL PARKING METER HOLIDAY FROM WEDNESDAY, NOVEMBER 25, 1998 THROUGH SATURDAY, DECEMBER 26, 1998 (RA) - File 11-18 Councilmember Heller stated she was fully in favor of the Parking Meter Holiday, asking whether the City could include a card indicating any money people chose to donate could be given to a specific non-profit. She noted Sausalito did this last year, pointing out people do still put money in the meters, particularly if given a choice. She wondered if it was too late to set this up for this year, could we look at doing this next year? Economic Development Director Ours stated staff would have to look into this, noting there was a schedule of collections, which sets up in advance when the money is going to be taken out of the meters, and likely would not normally coincide with the Parking Meter Holiday. Mayor Boro stated it might not be practical to do it this year, noting the City would also have to look at such things as choosing the charity; therefore, he suggested staff research the issue. City Manager Gould stated staff would provide feedback to Council in the Weekly Report. Councilmember Heller moved and Councilmember Phillips seconded, to approve staff recommendation: Council declared a two-hour parking meter holiday for all two-hour parking meters, and the first two hours of parking at the Third & "A" Streets Parking Structure for the period from Wednesday, November 25, 1998 through Saturday, December 26, 1998. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION: 13. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT TO THE CITY OF SAN RAFAEL FOR SRCC MINUTES (Regular) 11/2/98 Page 4 SRCC MINUTES (Regular) 11/2/98 Page 5 EXCELLENCE IN FINANCIAL REPORTING - File 102 x 9-3-20 x 8-3 Mayor Boro reported the City of San Rafael had received a Certificate of Achievement for Excellence in Financial Reporting, presented to the City of San Rafael for its comprehensive annual report for the fiscal year ending June 30, 1997. which he noted reflects the job done by Assistant City Manager Ken Nordhoff, who oversees the financial operations within the City of San Rafael. Mayor Boro stated this award was due, in large part, to the efforts of Mr. Nordhoff, thanking him on behalf of the City, and congratulating him and his staff. Assistant City Manager Nordhoff acknowledged this award was largely due to the efforts of his staff, recognizing this award had great value to the City, and noting it was a reflection of the City trying to move forward in the area of Finance, at a very professional level. On behalf of his staff, Mr. Nordhoff thanked Council for the presentation of the Certificate of Achievement, stating he and his staff were already working on the next one, and hoped to be back before Council again next year. OLD BUSINESS: 14. REPORT ON ILLEGAL DWELLING UNITS (CD) - File 10-13 x 10-1 x 10-6 x 115 Community Development Director Bob Brown reported that over the past five weeks the Community Development Department had devoted substantial resources in dealing with the issue of illegal units. He stated one focus has been on attempting to coordinate the efforts of the Department's three Divisions: Building and Safety, Code Enforcement, and Planning. Mr. Brown reported they have had Department -wide training to understand the Ordinance changes; to identify illegal units in the field; to understand the revisions on the RBR process to seek illegal units when we do the resale inspections; and training on how to do research, to determine fairly ancient permits that may legalize certain situations. Mr. Brown reported they had also elevated the illegal unit enforcement, noting that in their weekly agenda, when the managers from Building and Safety, Planning, and Code Enforcement meet, they deal with specific cases of illegal units. He stated they had also tried to get the word out to the public concerning the building inspection changes, noting they have an article in this month's City Newsletter, they have sent letters to all the Homeowner Associations, and Mayor Boro and City Manager Gould made a presentation to the Board of Realtors, which included mention of the Ordinance changes, and asking for the cooperation of the realtors to the RBR process. Mr. Brown reported seventeen potentially illegal units had been brought to Council's attention at the end of September, and staff had investigated all but one. He stated of those seventeen, they found illegal units in six, noting four had been abated, and two were in the process of being abated, and would be inspected either this week or next. Mr. Brown reported in all cases where there has been abatement, the City has required that the utility lines be pulled back into the wall or beneath the floor, and that the walls or floor be reconstructed. Mr. Brown reported they also found that the remaining ten properties either did not have illegal units, or, in the one case where there had been a complaint of debris, that was not found to be the case. He noted there was still one property awaiting inspection. Mr. Brown stated staff has had fairly good success in responding to these seventeen complaints, and will continue to work with the Federation of San Rafael Neighborhoods and other Homeowner Associations in a partnership effort to deal with these situations. Councilmember Cohen stated the fact that former Code Enforcement Officer Nimat Shakoor-Grantham was no longer working for the City left us with a gap. He noted one of the reasons he had supported the measured approach recently approved by the Council was due to his confidence that the Code Enforcement team that had been put together could go out with these new tools in hand, and the City could see whether or not the Planning Commission recommendation would be sufficient, or, as some of the neighborhood advocates had stated, whether stronger steps needed to be taken. He stated he was a little concerned, and would like an update on where we stand now, and when the City would be able to get Code Enforcement back on track regarding this issue, so we can measure how effective the new tools are. Mr. Brown stated that in the interim, he would be directly handling Code Enforcement. As an update on the timeframe, he reported the Code Enforcement Officer position would close for applications on November 16th, they anticipated having interviews the first week in December, and it was SRCC MINUTES (Regular) 11/2/98 Page 5 SRCC MINUTES (Regular) 11/2/98 Page 6 his hope to have the position filled by the beginning of the year. Mr. Cohen asked if the position had been upgraded? Mr. Brown stated the position would be a full Division Head position, and there would now be three Divisions within the Community Development Department: Building and Safety, Code Enforcement, and Planning. Councilmember Cohen noted they had also discussed, with regard to some of the other recommendations that had been made by the Federation, the possibility of staff coming back with information prior to the six-month timeline mentioned in the staff report for the update. He asked Mr. Brown if he saw that as a possibility? Mr. Brown stated it might be possible, noting staff had recently begun discussions with an attorney regarding boarding houses, which was the next big issue they planned to address. He stated as the City moves forward, if staff has information regarding potential improvements to the RBR process, staff would bring that information back to Council in advance. Mr. Cohen stated he would be particularly interested in the review of fines and penalties used by other surrounding communities in their enforcement efforts. He noted he was pleased to hear that in those cases where staff did find illegal units, and they were ordered abated, the City went a little beyond what had been done in the past. Mr. Cohen stated he would like to know what tools other communities have, so people do not just take out a stove, and then bring it right back in. He noted he would be particularly interested in knowing how other communities have dealt with repeat offenders, stating he believed that if we have people doing this repeatedly, there should be some kind of progressive fine or enforcement for that, and he wanted to know whether that had been done elsewhere, and if we could follow-up with something similar. Councilmember Heller stated she was not clear about the difference between legal roommates and boarding houses, asking that this be included in a future report, laying out the differences, how the City would be looking at those, and whether there would be a way to abate them. Mr. Brown stated that was the central issue in the boarding house question, noting staff would be exploring this issue, and presenting a report to the Planning Commission and Council. Councilmember Cohen asked about the pilot parking program. City Manager Gould stated he had spoken with Police Chief Sanchez and Captain Cronin, who was now in charge of the Patrol Division, reporting there were some ideas they wished to develop concerning how the City might offer to operate a pilot program in neighborhoods where the support for an overnight parking permit would be very high, including what the costs might be, and how the City might go through that process. Mr. Gould noted this clearly was not something the City would just institute, rather there would have to be a number of community meetings and deliberations about the rules, and how it would be administered. He believed this was something we would have to experiment with in San Rafael, and find our own way. He stated a report and recommendations would be brought back to Council, in tandem with other responses they have asked for this evening. Councilmember Cohen stated he would like to see, fairly early in that process, how the City envisioned approaching this, so those in the community who brought the idea forward and wanted to champion it, would have a better understanding of what the City believed the parameters might be, and how we might go about identifying a neighborhood that could be a test case, so they have an opportunity to go out and convince their neighbors that this would be a good thing, and build that support. Mr. Gould stated a written report would be sent to the Councilmembers. Mayor Boro believed Councilmember Cohen's point was a good one, agreeing the City needed to define the parameters, and also have the people who were advocating the pilot program be the ones who champion it, because this was going to be somewhat controversial, and have a cost to bear on the part of the residents. Therefore, the City would want to make sure there was support enough to begin a trial program, noting that would have to be demonstrated to the City. Steve Patterson, Co-chair of the Federation of San Rafael neighborhoods, addressed Mr. Gould's comments concerning the pilot parking permit program, reporting Sun Valley, and the Sun Valley Neighborhood Association, had expressed an interest in participating in such a plan, if one were to get off the ground. Mr. has Code Patterson stated the Federation was appreciative of the action the City taken to investigate the seventeen properties, and the time and effort Enforcement had expended to investigate all the properties, noting SRCC MINUTES (Regular) 11/2/98 Page 6 SRCC MINUTES (Regular) 11/2/98 Page 7 they were very diverse and challenging to dissect and gain entry into. However, he asked why these inspections were done while the old Ordinance was still in place, stating he did not understand why Code Enforcement did not wait until the new Ordinance was in place, noting a lot of time, energy, and resources had gone into this effort prematurely. Mr. Patterson noted Mr. Brown stated ten properties had been found to not have illegal units, and he felt that was because the inspections had been done under the old Ordinance, and believed that all the owners did, upon being asked for an inspection, was just to remove the stove. Mr. Patterson reported every one of the seventeen properties were properties that a whole array of neighborhood leaders deemed the most blatant violations in their neighborhoods, and were not a haphazard list that had been thrown together. Mr. Patterson also wondered why there were no fines for some of these violators, as some of these were repeat violations. He referred to a staff report done by the City of San Rafael in 1982 regarding 401 and 511 "D" Street, noting when those units were abated, there had been a full-scale City Council hearing, and attorneys for all parties were present. He stated there were no fines when these properties were again part of the list, although they had been noted as having already had units abated. He stated what was really disconcerting to him, as someone who has cared about this issue for a long time, was the lack of feeling that the Federation and the City were the partners they were when this process started. He noted when this process was entered into, it had felt as though the Federation was a true partner in the process, and was problem solving through the entire issue; however, he now felt it had become harder to get even basic information about the status of units. Mr. Patterson stated he had been reporting illegal units for approximately twenty years, and had always been able to find out the exact status of a property he had reported, and to find out exactly what was happening. He noted he was now told he could only have limited information, and felt the partnership was now at arms length. Concerning the ten properties Mr. Brown reported had have illegal units, Mr. Patterson stated he could not information about the nature of the investigation, or upon entry. Regarding the abated properties, Mr. Pat been abated under the old Ordinance, and he believed in place, no one had moved out, every unit was still paying tenant, and it was still "business as usual". he did not understand what had been tested, asking wh wait until the new Ordinance was in place. been deemed to not get any additional what was discovered terson noted these had every unit was still occupied by a rent - Therefore, he stated y the City did not Linda Bellatorre, Co-chair of the Federation of San Rafael Neighborhoods, noted when the City gains access to a unit, and the Code Enforcement Officer goes in and abates the unit, the owner takes the stove out of the unit, and then if the neighbor who initially filed the complaint notices construction work going on within the unit, the neighbor obviously does not have the right to go in and inspect what is going on, but the obvious conclusion would be that the illegal unit is being put back together again. She asked Council to help her understand what the neighbor should do and what recourse is available to the neighbor, noting they still have the impacts of the automobiles. She asked how they were going to deal with those people who repeat the offense, who are abated, but obviously nothing happens, no one moves out, and construction continues on what had previously been taken out? Don Soldavini, representing the Federation of San Rafael Neighborhoods and the Picnic Valley Neighborhood Association, referred to a specific property on the list, 544 Bret Harte Road, which was abated. Mr. Soldavini reported this property had been put on the market in January, and in one of the earlier workshops concerning this issue, he had used that property as an example of a typical house that was going to become an illegal unit, noting the house had been listed as having a "wet bar", and it was obvious to him that this was going to happen. Mr. Soldavini stated he asked the City to check this out, upon the sale of the property, to verify and make sure this did not turn into a second unit; however, he reported that upon the sale, lumber trucks began delivering large amounts of lumber. He called the City to see if a building permit had been issued, and was told there had not, at which time Mr. Soldavini asked the City to investigate. A City Inspector went out to the property, but remained only a short time and did not enter the building. Mr. Soldavini stated the next day he called the City to ask what had happened, and was told the owner was installing a storage room; however, a couple of weeks later, additional people moved in. Mr. Soldavini again complained to the City, the City inspected and determined an illegal unit did exist, and ordered that it be abated within thirty days. Within thirty days the stove was removed, the City came out and reinspected, and then the stove was reinstalled. Mr. Soldavini stated he called again to report that nothing had happened, and that the tenants were SRCC MINUTES (Regular) 11/2/98 Page 7 SRCC MINUTES (Regular) 11/2/98 Page 8 sill there, and the City came out again, found the stove back in, fined them, and gave them another thirty days to remove the stove. He reported the City reinspected the property last Friday, at which time the stove was gone, the stovepipe had been cut off, and the wall sheetrocked over. However, once the City finished its inspection, the following day the owner began reinstalling the stove, and no one has left the premises; in fact, a couple of new tenants have moved in. Mr. Soldavini felt something more had to be done, stating these people were likely making $3,000 to $4,000 per month, having at least three units in the house. He reported he had counted eight cars this morning at that one house, and noted there were now three homes with illegal units in his neighborhood. He believed a Parking Ordinance was needed. Hugo Landecker, resident of the Gerstle Park neighborhood, stated he liked Mr. Brown's comments concerning the training of the Building Inspectors and Code Enforcement Officers. He believed it was important the Building Inspectors understand the Zoning Ordinance, but equally important the Code Enforcement Officers understand basic portions of the Building Code, so when they see certain basic things, such as the height of a ceiling, they will know if it is legal. Mr. Landecker stated the seventeen units addressed by Code Enforcement were merely the "tip of the iceberg" compared to what was out there, and believed there would be a lot more coming. Noting Mr. Patterson had mentioned that Code Enforcement was cutting them off from information regarding inspection results, Mr. Landecker pointed out the Police Department had implemented a program whereby when someone complains of something illegal going on, once the Police investigate, they get back to the complainant. He did not believe this was occurring in Code Enforcement, and felt perhaps it should. Mayor Boro asked City Manager Rod Gould to respond to three main questions that had been asked by the speakers: why had the inspections taken place before the new Ordinance went into effect; what was the City planning to do concerning repeat offenders; and what was the status on making information available to people who make the complaints? City Manager Gould first responded to the issue of making information available to those who complain, asking that Community Development Director Brown respond to the other questions. Mr. Gould stated he and City Attorney Ragghianti had discussed the issue of how much information could be released under the law, reporting Mr. Ragghianti was going to research the question, and return to Council to provide a thoughtful answer. Mr. Gould noted staff would like to share information with the Federation and with the complainants, so they can understand precisely what the City finds when the complaints are investigated; however, they want to do it fully consistent with the law. Responding to the other two questions, Community Development Director Brown reported the Inspectors of the seventeen units had been provided with information about both the current Ordinance and the new Ordinance, as staff had concluded they wanted to respond to these violations immediately. He reported in all cases where they found illegal units, they found the full kitchen complement: cooking surface, cabinetry, sink, etc., which are illegal under both the old and new Ordinances. In all cases where they found no violation, they did not find anything that would have been a violation under the new Ordinance but not the current Ordinance, explaining they had found no kitchens whatsoever. Therefore, there were no situations where they encountered a "gray area", where they could enforce under one Ordinance but not under the other. Regarding instances of additional construction, Mr. Brown stated staff would be happy to go back and reinspect if there has been additional construction. He pointed out that in some of those cases, the additional construction has been the removal of gas lines; however, if the neighbors believe there has been additional construction subsequent to abatement of an illegal unit, staff would reinspect the properties. Responding to an earlier comment by Councilmember Heller, and insinuated by some of the speakers, Mr. Brown acknowledged there have been a couple of situations where the owners admitted to Code Enforcement Officers that they would take out the kitchen, but intended to continue to rent the unit, and the renter would have to share the main kitchen with others in the dwelling, which Mr. Brown stated was perfectly legal. Responding to the question of Code Enforcement training, Mr. Brown reported two of the three Code Enforcement Officers had their Housing Code Certification, one of whom was Nimat Shakoor-Grantham, who is leaving the City. He stated he hoped to have the third Officer obtain that SRCC MINUTES (Regular) 11/2/98 Page 8 SRCC MINUTES (Regular) 11/2/98 Page 9 certification, as well. Mayor Boro asked if staff had any ideas about repeat offenders, and how the City might structure a fine schedule to address that? Mr. Brown stated that was something they would be working on for the six-month review. City Manager Gould responded to an earlier question by Linda Bellatorre, stating that after an abatement has occurred, and residents believe construction is occurring, the City would want the residents to contact the Community Development Department so the City can reinspect, and seek the same penalty again, until we finally achieve compliance. Mr. Brown concurred. Mayor Boro asked if, in the past, when someone complained and an inspection was made, was the party lodging the complaint given feedback? Mr. Brown stated he was unable to speak to what Mr. Patterson had been given in the past; however, he reported his Department had been advised by the City Attorney's Office that staff may only disclose the outcome of the investigation, and not specifics in terms of what was found during the investigation. Therefore, staff could tell the complainant that they either found and abated an illegal unit, or did not find what constituted an illegal unit. Mayor Boro asked, in these seventeen cases, whether staff had contacted the person who lodged the complaint? Mr. Brown stated they would be, noting they were in the process of closing out those files, and would then contact both the property owners and the complainants. Mayor Boro asked for clarification regarding what Mr. Ragghianti would be reviewing? Mr. Ragghianti pointed out Deputy City Attorney Eric Davis has had previous contact with Mr. Brown and discussed this issue, while he has not; therefore, Mr. Ragghianti was reluctant to venture an opinion until he has had the opportunity to speak with Mr. Davis. However, he stated he understood his charge to be to investigate whether the results of an investigation conducted by City Code Enforcement personnel is, or is not, public record, and is, or is not, available to the public upon request. He stated he could not provide an answer at this time, but would study the issue. COUNCILMEMBER REPORTS: 15. a. COMMUNITY BUILDING RE: REDEVELOPMENT OF THE CANAL - File 140 Councilmember Miller noted since the City would be going into redevelopment, with additional emphasis being placed in the Canal area, he would share the context in which that redevelopment was going. He distributed a compilation of readings concerning Community Building, which he believed expressed the most pertinent, significant, and fact -filled information, which had been taken from various books and articles, and off the Internet. He believed this would provide a background and understanding, noting it went to the heart of Community Governance, and was something to be used as a model. He pointed out the articles had been confined to five sections: the first looks at the basis of the social nature of man; the second addresses how this is worked out within Civic framework, and a section concerning Social Capital and Public Life by Robert D. Putnam, which Mr. Miller believed an absolute key concept and key article. Mr. Miller stated if the Councilmembers were only to read two of the five sections, Section Two was one that should be read; the third section offers the definition of Community Building, in addition to questions for community builders, themes of new community building, the role of local government, locally based intermediaries, and community building in individual neighborhoods; the fourth section briefly addresses Collaboration; and the final section addresses Comprehensive Community Initiatives, which Mr. Miller stated was the new generation of Urban Revitalization. Mr. Miller stated this particular article was, by far, the most succinct, the most direct, and the most analytical and comprehensive statement of everything that is going on. He believed this should be the basis for what the Councilmembers think of in terms of a Comprehensive Community Initiative in which we are setting our redevelopment, and he reiterated this was an absolutely key article, stating it was, "in a nutshell", exactly what the City was going to be doing, noting the author gives both the negative and the positive in her analysis. Mr. Miller noted another stellar article, The Theories of Neighborhood Change, follows -up on that. SRCC MINUTES (Regular) 11/2/98 Page 9 SRCC MINUTES (Regular) 11/2/98 Page 10 b-1. LAFCO RE: DEPENDENT OR INDEPENDENT COMMISSION - File 149 (Verbal) Mayor Boro reported he had received a memorandum concerning LAFCO, noting there would be a meeting on November 12th, at which the Commission would vote on whether they were going to be dependent or independent. Mayor Boro pointed out Councilmember Heller was the City's representative, asking Mr. Gould if the City had a position on this issue, and how Council might want to instruct Councilmember Heller? City Manager Gould reported that according to LAFCO's Executive Officer's definition, the only difference would be whether or not LAFCO appoints its own Executive Officer. Mayor Boro asked who the Executive Officer was? Councilmember Heller reported David Weir was the Chairperson, and John Roberto was the temporary Executive Officer. Councilmember Heller explained the Grand Jury had requested LAFCO make a decision on this issue, and they were the ones who were pushing toward a "dependent" LAFCO. She stated what the Grand Jury had in mind was that LAFCO literally become a part of the County, with someone from the Administrator's Office becoming the Executive Director, and the Planning staff doing everything. She did not feel the members were all in favor of being a "dependent" LAFCO. Ms. Heller reported they had looked at this in the early 19801s, at which time the Grand Jury had previously asked that they become a "dependent" LAFCO; however, the Grand Jury was turned down at that point, and may, perhaps, be turned down again this time. City Manager Gould stated it had always been his understanding the difference was in whether LAFCO approved its own budget, or the County approved the budget; therefore, the appointment of the Executive Officer was secondary. Mayor Boro felt the elected officials and the City Managers should discuss this, and determine what was in the best interest of the cities affected by this. He stated he was only suggesting a procedure so we did not go about making a change without knowing all the ramifications or benefits. He stated he would like to know the pros and cons of the change, noting it really amounted to a form of JPA, with all the cities working collectively and having delegates, rather than each city being represented; therefore, he believed the question was one of control. Councilmember Heller stated that discussion had been agendized for the meeting on November 12th, although she was not certain they would come to a final decision at that time. Mayor Boro noted the City Managers meet once a month, and suggested a couple of the Councilmembers attend that meeting to discuss this issue, and try to help in understanding what this issue is really all about. City Manager Gould stated he could contact his colleagues, determine who would be interested, and invite them to bring a member of their Council. However, he pointed out the City Managers did not meet until the third week of the month, which would not meet the deadline of November 12th; therefore, he asked Councilmember Heller to request that no decision be made on November 12th. Councilmember Heller agreed that was a valuable suggestion, explaining what was driving this was that they simply could not make any decisions on an Executive Officer until they had made the essential decision to be "dependent" or "independent". Ms. Heller stated she would ask for a continuance. Mayor Boro stated he was concerned we might make a change, and then six months from now be sorry for making that change. He noted it could be the best thing that every happened, but felt we should know why we were doing it. b.2 LAFCO RE: DUAL ANNEXATION POLICY - File 149 (Verbal) City Manager Gould reported the City had received a letter asking for comments on the Dual Annexation Policy in effect in Marin County for a number of years. He noted the Community Development Department was reviewing this, and would report back to Council at the next City Council meeting, so the Councilmembers can take a formal position on whether or not they would like to see any changes in the Dual Annexation Policy. C. ABAG MEETING OF FRIDAY, OCTOBER 30, 1998 - File 111 Councilmember Heller reported she attended the ABAG (Association of Bay Area Governments) meeting on Friday, October 30th, where they SRCC MINUTES (Regular) 11/2/98 Page 10 SRCC MINUTES (Regular) 11/2/98 Page 11 discussed Aging, Diversity and Governance. She stated Gary Binger, Planning Director and Deputy Executive Director of ABAG, had given a very good presentation concerning demographic trends and voting patterns, and she suggested that if a speaker had not been chosen for the MCCMC (Marin County Council of Mayors and Councilmembers) dinner in March, Mayor Boro might like to invite Mr. Binger to speak to the group, noting she believed he would be a good choice. d. TASK FORCE ADDRESSING "WELFARE TO WORK" IN MARIN COUNTY - File 246 (Verbal) Councilmember Heller reported she had been asked by County Supervisory Harry Moore to sit on a task force to address "Welfare to Work" in Marin County. She explained this was a task force comprised of business, government and non -profits, with a goal of helping Welfare to Work recipients enter the workforce, and educating the business community on ways they can utilize these workers. She stated the biggest issue in Marin was identifying jobs that pay a living wage, and helping in the transition to higher paying jobs. She noted at this point they were just beginning to put together a grant for starting the programs, and stated she would be pleased to share information or receive input from anyone who might be interested. e. HATE CRIME - File 9-1 x 9-3-30 x 13-8 (Verbal) Councilmember Cohen noted an article appearing in Bay Area newspapers reporting a number of signs posted by Russ Weiner, a candidate for State Assembly, had been defaced in a way that could be described as a hate crime. Mr. Cohen pointed out the way in which the signs were defaced would lead one to make the assumption that the reason the signs were defaced was because Mr. Weiner is Jewish, as the signs were defaced with swastikas. Mr. Cohen asked that the City of San Rafael go on record, making a public statement that the City finds this kind of behavior abhorrent, and urging the Police Department to use their full resources to do whatever they can to identify the perpetrators of this and bring them to justice. The City will issue a press release to the Marin Independent Journal and the Newspointer. Staff to follow-up on the investigation and report back to Council. There being no further business to come before the City Council, the meeting was adjourned at 9:15 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1998 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 11/2/98 Page 11