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HomeMy WebLinkAboutCC Minutes 1998-02-02SRCC MINUTES (Regular) 2/2/98 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 2, 1998 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 Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Patricia J. Roberts, Deputy City Clerk CLOSED SESSION - 7:00 PM None OPEN SESSION - 7:00 PM ORAL COMMUNICATIONS OF AN URGENCY NATURE: PM MILL STREET SHELTER - 100 X 9-3-16 X 233 8:00 Melany Kramer, resident of the Rafael Yacht Harbor, updated the Council in her continuing efforts to persuade the City manager and Council to investigate her allegations regarding the Mill Street Shelter. She reported that because she did not feel she was getting any response, she has requested the Civil Rights Squad of the Federal Bureau of Investigation to become involved, noting she had already been working with them on an unrelated investigation concerning a problem with one of the volunteer Chaplains for the Police Department. Ms. Kramer stated she takes this matter very seriously, reporting she, herself, had filed suit against the County of main regarding a volunteer Chaplain with the Main County Sheriff's Department. She reiterated there are problems at Mill Street, noting they have a Use Permit from the City of San Rafael, and stated someone from either the State or Federal Government is going to help out. She noted the next people to become involved will be either Barbara Boxer, Diane Feinstein, Lynn Woolsey, or the Lieutenant Governor's Office. Ms. Kramer stated she had been active in Democratic politics since the age of fourteen, and asked Council to please pay attention to her allegations. CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Miller seconded, to approve the following Consent Calendar items: 3. Resolution Authorizing the Vice -Mayor to Execute an Agreement to Settle a Title Dispute for the Property Located at the the Former PG&E Site on Lindaro Street (APN 13-021-100 and APN 13-012-120) (RA) - File (SRRA) R-368 x 2-7 x 2-19 X 12-4 RESOLUTION NO. 10007 RESOLUTION AUTHORIZING THE VICE -MAYOR TO EXECUTE AN AGREEMENT TO SETTLE A TITLE DISPUTE FOR THE PROPERTY LOCATED AT THE FORMER P.G.& E. SITE ON LINDARO STREET (APN 13-021-100 AND APN 13-012-120) 4. Resolution Renewing San Rafael Goldenaires Lease RESOLUTION NO. 10008 - on Room 1 at San Rafael Community Center (Current RESOLUTION AUTHORIZING THE Lease Agreement From 1/1/94 to 12/31/97) (Rec) SIGNING OF RENEWAL OF A LEASE - File 4-10-149 X 9-3-65 AGREEMENT WITH THE SAN RAFAEL GOLDENAIRES FOR A PERIOD OF FOUR YEARS, SRCC MINUTES (Regular) 2/2/98 Page 1 ITEM RECOMMENDED ACTION 1. Approval of Minutes of Special Joint Budget Approved as submitted. Hearings of June 23 and June 24, 1997, and Special Closed Session Meeting of Tuesday, January 20, 1998 (CC) 2. City Work Plan Review (CM) - File 237 Accepted report. 3. Resolution Authorizing the Vice -Mayor to Execute an Agreement to Settle a Title Dispute for the Property Located at the the Former PG&E Site on Lindaro Street (APN 13-021-100 and APN 13-012-120) (RA) - File (SRRA) R-368 x 2-7 x 2-19 X 12-4 RESOLUTION NO. 10007 RESOLUTION AUTHORIZING THE VICE -MAYOR TO EXECUTE AN AGREEMENT TO SETTLE A TITLE DISPUTE FOR THE PROPERTY LOCATED AT THE FORMER P.G.& E. SITE ON LINDARO STREET (APN 13-021-100 AND APN 13-012-120) 4. Resolution Renewing San Rafael Goldenaires Lease RESOLUTION NO. 10008 - on Room 1 at San Rafael Community Center (Current RESOLUTION AUTHORIZING THE Lease Agreement From 1/1/94 to 12/31/97) (Rec) SIGNING OF RENEWAL OF A LEASE - File 4-10-149 X 9-3-65 AGREEMENT WITH THE SAN RAFAEL GOLDENAIRES FOR A PERIOD OF FOUR YEARS, SRCC MINUTES (Regular) 2/2/98 Page 1 SRCC MINUTES (Regular) 2/2/98 COMMENCING JANUARY 1, 1998 THROUGH DECEMBER 31, 2001. 5. Resolution Denying Appeal and Upholding the RESOLUTION NO. 10009 Planning Commission's October 28, 1997 Approval of a Negative Declaration, Parcel Map to Divide One Parcel Into Two and Environmental and Design Review Permit for a New Single -Family House Located at 35 St. Francis Lane; APN 15-211-14; Robert and Lindsay Neville, Owners; Thomas Faimali and Marie Lavin, Appellants (CD) - File 5-1-334 x 10-7 RESOLUTION DENYING THE APPEAL OF PLANNING COMMISSION APPROVAL OF A SMALL SUBDIVISION (s96-13) AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ed97-61) FOR A NEW SINGLE-FAMILY RESIDENCE; 35 ST. FRANCIS LANE; AP NO. 15-211-14; THOMAS FAIMALI AND MARIE LAVIN, APPELLANTS. 6. Resolution Parially Granting Appeal and RESOLUTION NO. 10010 Upholding Planning Commission's October 28, 1997 Approval of a Negative Declaration, Parcel Map to Divide One Parcel Into Two and Environmental and Design Review Permit for a New Single -Family House Located at 35 St. Francis Lane; APN 15-211-14; Robert and Lindsay Neville, Owners; Richard and Dorothy Breiner, David and Rose Stadtner, Appellants (CD) - File 5-1-334 x 10-7 7. Resolution Approving Purchase of a Portable 8 Classroom Building for Child Care Services at Vallecito Elementary School (Rec) - File 9-3-65 Resolution Approving Purchase of a Portable Classroom and Restroom Building at Pickleweed Children's Center to Expand Child Care Services and Replace Existing Restroom Facility (Rec) - File 9-3-65 RESOLUTION PARTIALLY GRANTING THE APPEAL OF PLANNING COMMISSION APPROVAL OF A SMALL SUBDIVISION (s96-13) AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED97-61) FOR A NEW SINGLE-FAMILY RESIDENCE; 35 ST. FRANCIS LANE; AP NO. 15-211-14; RICHARD AND DOROTHY BREINER AND DAVID AND ROSE STADTNER, APPELLANTS. RESOLUTION NO. 10011 RESOLUTION APPROVING THE PURCHASE OF A NEW CHILD CARE CENTER BUILDING AT VALLECITO SCHOOL. RESOLUTION NO. 10012 RESOLUTION APPROVING THE PURCHASE OF A NEW CHILD CARE CLASSROOM BUILDING AT PICKLEWEED COMMUNITY CENTER. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Mayor Boro (from the minutes of January 20, 1998 only, due to absence from meeting). DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (from Agenda items #3, due to conflict of interest, and from items #5 and #6, due to absence from previous meeting). L--i!25r"* `M!2!4AA5IbId&A%W MOWN SRCC MINUTES (Regular) 2/2/98 Page 2 SRCC MINUTES (Regular) 2/2/98 9. INTRODUCTION OF BOB SCARBOROUGH, PUBLIC WORKS INSPECTOR AND DIANE REIFF, ENGINEER I (PW) - File 9-3-40 Public Works Director David Bernardi introduced Diane Reiff, a new Engineer in the Pulic Works Department. He reported Ms. Reiff attended Cal State Sacramento, and had worked in the Public Works Department for the City of Sacramento, where she became very experienced and knowledgable in the area of city sewer systems. He noted she also had a lot of experience in other areas of Public Works, such as signs, traffic, and storm drain design. Mr. Bernardi stated Ms. Reiff is the kind of person our Public Works Department needs, and those in the Department are very happy to have her. Bob Scarborough, Public Works Inspector, was unable to attend the meeting. PUBLIC HEARING: 10. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF A RESOLUTION TO APPROVE THE POLICE CADET BLOCK GRANT FOR $60,122 (PD) 9-3-30 Mayor Boro declared the Public Hearing opened, and asked for the staff report. Police Chief Camerino Sanchez reported after speaking with the Police Department's Juvenile Officers, and having discussions about re- establishing the PAL (Police Athletic League) and Recreation Programs, the Police Department found it really wanted to do something that would take this kind of activity to the next level. He noted that, fortunately, Captain Walt Kosta was able to assist in obtaining a grant so that once again, the Police Department can have a Police Cadet Program. Chief Sanchez reported one of the things we would see in the next few weeks concerning Community Policing is a strong reaching -out in the community to recruit and train young men and women who are interested in law enforcement, paying them to become Police Cadets for our Police Department. He felt this was a critical part of the City's Community Policing, and a critical part for the future of the Police Department. Chief Sanchez stated that during the past eleven months the Department has done quite a lot of hiring but, unfortunately, most of those hired were not local residents. He noted that while these Officers are doing a great job, and the Department is doing an outstanding job in hiring great individuals, he felt that for the long term we needed to begin utilizing Police Cadets in the Police Department, and to recruit from within our own community. Chief Sanchez reported he and Captain Kosta had worked together on obtaining a grant for a little over $60,000, to hire six cadets for two years. He stated this was something they were very proud of, and something he felt would not only go a long way with regard to Comunity Policing, but would especially go a long way in the lives of the six people who are interested in doing law enforcement in their own home town. Captain Walt Kosta stated he was proud to have been a benefactor of the Police Cadet program, noting he started as a Police Cadet in 1966. He reported there were currently eleven other Police Officers in the Department who had also benefited from that program. Captain Kosta stated he has been working with the Principal of San Rafael High School, where they have a Schools to Careers Program, noting there are already some viable candidates who are very excited about the Police Cadet Program. In explaining some of the things the Police Cadets would be doing, Chief Sanchez stated they would be trained in front line Police work. He noted that initially they would be answering telephones, which is the first line of communication, and working at the front counter, but emphasized the Department was really looking for individuals who are interested in law enforcement for the long term in their lives. Therefore, he stated they would begin to use the Cadets for other duties, such as some of the duties the Public Service Officers do now, including fingerprinting, interpreting, taking reports that do not require Police Officers, and helping the records clerks and others who take reports. Chief Sanchez noted the Police Cadets would be working days, nights, and weekends, depending on their school schedules. He stated the Department was really going to be recruiting with the thought in mind of someday making them Police Officers on our Police Department, noting there were quite a few success stories on our own Police Department. Chief Sanchez stated the students are very excited about becoming part of this program, noting Terra Linda High School also has the Schools to Careers Program, and they have indicated they are interested in including their students, as well. Chief Sanchez stated the Department was really looking forward to this, and SRCC MINUTES (Regular) 2/2/98 Page 3 SRCC MINUTES (Regular) 2/2/98 he felt it would be a win/win situation for everyone, and really assist our Police Department in the long run. Mayor Boro noted Chief Sanchez had stated there would be six Cadets over the next two years, but the Resolution states three Cadets. Chief Sanchez stated it would be three Cadets for two years. Mayor Boro referred to the report, which states the City has to come up with matching funds of $6,680, possibly through the Police Department. Mayor Boro noted his Rotary Club had discussed the possibility of having their service club involved in a program such as this. He suggested we might want to see if any of the other service clubs would be interested in helping to sponsor this program, and become partners with the City. Chief Sanchez stated he would pursue that possibility. There being no public comment, Mayor Boro closed the public hearing. Councilmember Phillips calculated three Police Cadets for two years would be 6,000 hours, noting each of the Cadets would work approximately 1,000 hours each year. He asked what the age group of the Cadets would be? Chief Sanchez stated they were looking for individuals eighteen years or older. Councilmember Phillips asked if they would be attending school at the same time? Chief Sanchez stated they would be attending school, and would work after school and on the weekends; however, he stated the Department would be making it very viable for the students to want to do this, noting they would allow them to get their training on the weekends. He stated they wanted the Cadets to take this program very seriously, and would try to make it very easy for them to become part of our Police Department. Chief Sanchez stated it is a very serious commitment, which is why Captain Kosta has been talking with the school administrators about the students who are really committed to this. He noted approximately 50% of the students who have expressed an interest are already planning to attend College of Marin in the Fall, taking Administration of Justice courses. He pointed out these were individuals we have not met yet, who have already made a decision to do this with their lives. Councilmember Heller noted the grant was a two-year source of funding, and asked if this grant would be available at the end of the two years, and something that we could apply for again, or would the City have to fold it into our own funding if we wished to continue the program after two years? Chief Sanchez stated the Department had already asked this question, but were told they do not know at this time. However, we were told they would probably know after the first year whether or not it would continue. Chief Sanchez stated our Police Department will do as much as we can with the funding we are getting, and make this program a success, and hope the money will be there for us at the end of the two-year period. Councilmember Cohen commended Chief Sanchez and Captain Kosta for pulling this together, stating he felt it was a great program. Following-up on the issue of recruitment, Mr. Cohen noted Chief Sanchez had mentioned seeking bilingual candidates, and recruiting primarily from the Canal neighborhood. Mr. Cohen asked how that tied in with the list of candidates we have been given from the School District, and how the Department planned to encourage individuals from that neighborhood, or with those skills, to come forward? Chief Sanchez stated we were doing the same recruitment at both of the schools, noting there are bilingual individuals at both schools. He noted that during his eleven months here in San Rafael there have been several requests from individuals in the Canal area who are interested in law enforcement, who want to know more about the Police Department, and who want to become more involved. He noted it just so happened most of those kids do attend San Rafael High School. However, he reiterated the recruitment will be the same, noting the Department is developing the process to pick the best possible candidates, who are really committed to the program. He stated that was where the Police Department's challenge would really be. Councilember Cohen asked if the Department was looking for three individuals who were committed to staying with the program for two years each, or were they looking for three individuals the first year, and three different individuals the next year? Chief Sanchez stated he would like to have three each year because the Department would really like to spread this around, noting we need to meet the obligation of allowing as many individuals as possible to take part in this. He stated this had been explained to the schools and the students, and he felt it was the smartest way to go. Mr. Cohen asked, after someone has gone through the initial Police Cadet Program training, what the process would be for them to become qualified, and eligible to apply and be hired as a sworn Police Officer; would they have to go to the Police Academy, and how long would they have SRCC MINUTES (Regular) 2/2/98 Page 4 SRCC MINUTES (Regular) 2/2/98 to stay in school before they meet the standards set for the Department? Chief Sanchez stated any individual can take the written examination when they are twenty years old, but they cannot enter a Police Academy until they are twenty-one years old; therefore, most of these kids are three to four years away from entering the Police Academy. He explained what the Department wanted to do was to begin a "farm" system, so even when this program ends, and even if we do not get additional funding, the Department would still like to keep tabs on these young people, assist them with their tests, and encourage them to continue in school and to stay within our own community. He noted our goal is to keep them here; however, the testing process for Police Officers was a way off for most of these kids. Councilmember Cohen noted if we take a student who is currently eighteen year old, he would still only be nineteen years old when he completes the Police Cadet Program, he would still be a couple of years away from the first opportunity he would have to apply to the Police Academy, and at least three years away from when we could offer him a full-time job on our Department. He asked how the Department was going to keep the connection, and keep them thinking about the San Rafael Police Department as a place to come back to? Chief Sanchez stated part of the goal of this program would be to mentor these young people, even after they leave us, noting he felt that would be very important to do. He reported he had spoken with two or three of the Police Officers in our Department who started as Police Cadets, noting they went back to school after completing the program, but they were mentored, and eventually came back to us. Chief Sanchez stated part of the challenge, if they leave us and there are funds available, will be to mentor these young people and keep them involved, noting part of that will be to allow them to become a Reserve Officer at some level. He reiterated it was going to be a real challenge, noting that was why they hoped the money would continue. Councilmember Cohen stated one of the things we might explore at a later date, either through the City's budget process or through talking with some of the service clubs, is that having a little funding available for a mentor program, as a follow-up to the Cadet Program, would really be a way to complete the circle, so we are not just making the investment and hoping it pays off a few years from now, but rather we are sticking with it. He noted that even if this funding only happens for two years, he would want to pursue the investment we have made and, hopefully, out of this we get some of them as Officers one day. He believed it would be a good idea to pursue this, and see if the Department had a little bit of money available to do follow-up, or to bring these kids in as Reserve Officers, so we keep that connection. Captain Kosta clarified that this was not only for Police Officers, but for law enforcement in general, noting there were a lot of non -sworn positions, such as dispatchers and parking enforcement personnel, and that also creates a viable pool from which to draw. Mayor Boro noted one of the problems when the three Cadets are brought in will be having the coverage to work with them, noting they cannot just come in and go to work, they have to be trained, which will take away from the efforts of existing personnel. He suggested that to sustain the interest, after completing the first year, perhaps we could keep the first three for a quarter of the time, and bring the new ones in for a quarter of the time, noting their time would start to build up, and perhaps we could find a way to keep them over a couple of years rather than just a year. He noted the longer they are here, the more allegiance they will develop, and the more chance we will have to recruit them. Mayor Boro pointed out that absorbing the three Cadets would be a big task. Chief Sanchez agreed it would be a big task; however, he noted the exciting part about this was two of the current Police Officers, who started out as Cadets many years ago, know the Department has received the grant, and they want to mentor whoever comes into the Police Cadet Program. Councilmember Cohen moved and Councilmember Heller moved, to approve the Police Cadet Program, and adopt the Resolution as presented, authorizing acceptance of the grant and its provisions. RESOLUTION NO. 10013 - RESOLUTION APPROVING USE OF FEDERAL LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $60,122.00 FOR POLICE CADET PROGRAM. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS: SRCC MINUTES (Regular) 2/2/98 Page 5 SRCC MINUTES (Regular) 2/2/98 11. APPROVAL OF SIGN PROGRAM FOR THE SHAMROCK CENTER, A 48,000 SQUARE FOOT RETAIL BUILDING AND AN 11,600 SQUARE FOOT AUTOMOBIILE DEALERSHIP; 665 IRWIN STREET; APN 13-032-01, 02, 04, 05, 06 AND A PORTION OF 13-021-38; EUGENE B. CECCOTTI, LA TERRA TRIFOGLIO, LLC, OWNER; MATTHEW R. CAPPIELLO, DEVELOPER, REPRESENTATIVE (CD) - File 10-11 x 125 x (SRRA) R-398 Planning Manager Sheila Delimont reported that when the Councilmembers reviewed the Shamrock Development they added a condition requiring Council approval of any sign program. She noted at that time a 37 foot silo pylon sign had been proposed, and both the Council and the Planning Commission felt that was not appropriate on the site. She stated a revised sign program, with signs for Land Rover, Comp USA, and Staples, has been prepared and reviewed by the Design Review Board and Planning Commission. She pointed out this program was being presented without any recommendation from either the Design Review Board or the Planning Commission, noting that while those bodies felt most of the signs were appropriate, they could not reach consensus on the pylon sign and, secondarily, the size of the signs on the Comp USA and Staples building. She stated the redesigned pylon sign the applicant is proposing is 21 feet in height, 21.3 square feet in area, and identifies the Shamrock Center, Comp USA, and Staples, and the major building tenant signs are 5 feet in area. She noted when this was reviewed by the Design Review Board, two of the members did not believe a pylon sign was needed because of the large building signs, and two members recommended approval of a sign identifying only the Center, not the tenants; however, they did indicate they might consider the pylon sign with tenant identification if the building signs were reduced. Ms. Delimont reported the Planning Commissioners also split, noting three Commissioners recommended approval of the sign program as submitted, and three recommended the pylon sign be eliminated. She stated some of the Commissioners also expressed concern with the height of the building signs. Ms. Delimont stated the applicant is still requesting approval of his original proposal, which the Design Review Board and Planning Commission have reviewed, although he has submitted an alternative design for Council's consideration, if Council rejects his original proposal. The alternative design would reduce the height of the building signs from five feet to four feet, and would incrementally increase the size of the pylon sign to approximately 36 square feet of signage. Ms. Delimont stated staff had looked at other sign programs, in an effort to assist Council in its decision. She reported the Shoreline Center is permitted a 30 foot pylon sign, which is 200 square feet in area, and the major tenant, Home Depot, has 580 square feet of signage on the front of the building, which is comprised of two signs, each 5 feet in height by 58 feet in length. She noted there are also signs which identify this as a Home Improvement Center, and those signs are 3 feet high. Mayor Boro noted the site distance of that building to the freeway was considerably different than the Shamrock Building. Ms. Delimont agreed that it was, noting the Home Depot building was set back approximately 1,000 from the freeway, while the Shamrock building is approximately 350 feet from the freeway. In addition, she reported Home Depot is approximately 11 acres, while the Shamrock Center is approximately 5 acres; and the Home Depot building is approximatley 122,000 square feet in area, while Comp USA and Staples, combined, are 48,000 square feet in area. Councilmember Cohen noted that with the Home Depot sign, the letters are mounted directly onto the building, and there is no background to the sign. Ms. Delimont noted staff also reviewed the signage for Toys'R Us, reporting that under their sign program they are allowed a 21 foot tall sign, 72 square feet in area, although the existing sign is not that big. She noted the sign does identify the tenants, and the two major tenants are allowed 4' x 32' signs on the building, or 128 square feet per tenant. Ms. Delimont reported that complex has a total of 83,550 square feet, with Borders and Toys'R Us approximately 75,000 square feet of that total. Ms. Delimont reported she had looked at RAB Motors, noting they have 86 square feet on the building, and they have two pylon signs, one 20 feet high and 59 square feet in area, and the other 16 feet high, 48 square feet in area. Ms. Delimont reported that under the alternative sign program, the applicant is proposing that each tenant would have 128 square feet of signage. The primary letters would still be 4 feet in area, and underneath that it would identify Comp USA and it would say "The Computer Store", so there would be additional square footage there. The pylon sign would be 21 feet tall, and approximately 8 1/2 feet wide, and there would be approximatley 36 square feet of 12 inch high letters identifying each of the major tenants. She reported the total square footage of all the signs being proposed under the alternative would be approximately 400 square SRCC MINUTES (Regular) 2/2/98 Page 6 SRCC MINUTES (Regular) 2/2/98 feet, noting the Ordinance would allow 535 square feet. She pointed out that while the square footage would be less, they were proposing more signs, as far as the total number. Ms. Delimont pointed out Council has discretion in reviewing the sign program, because the sign program Ordinance does allow some flexibility, which is what the applicant is requesting. She noted Council would have to make the finding that the applicant is using common design themes, noting in this instance they are using similar colors and architectural statements, which have to be in harmony, and must be recommended by the Design Review Board. Ms. Delimont stated staff believes the alternative is more consistent with the other proposals in the area, and recommends Council approve the alternative. Mayor Boro asked to clarify that the original design called for a pylon sign 21 feet tall and 36 square feet of signage, and the alternative is 128 square feet per store? Ms. Delimont stated that under the alternative for the building signs, they would be reduced to a total of 128 square feet of signage each for Comp USA and Staples, and the big letters would be 4 feet. Mayor Boro asked if the size of the smaller letters was 12 inches? Ms. Delimont stated they would be reduced from 18 inches to 15 inches. Councilmember Cohen noted the proposed entry signs are on backgrounds that are going to be somewhat distinctive, particularly the Staples sign, because it is red. He noted when calculating the size and square footage of the Staples sign, we are only measuring the height of the letters by the width of the letters, and not the red billboard that forms the background of the sign. Ms. Delimont stated that was correct, and in looking at the entire area, it was approximately 450 to 455 square feet. She noted staff had asked the Design Review Board to look at this issue, and determine whether they felt it would be inappropriate, and look like a billboard; however, the Design Review Board was not concerned with that particular part of the proposal; they were more concerned with how big the signs were. She stated some of the Design Review Board members believed very strongly that the pylon sign created a lot of clutter not needed on the site, particularly given the fact they were coming in with 5 foot letters, which the Board felt was adequate. Ms. Delimont pointed out that everyone who has reviewed this has had a different opinion, and there was no consensus on the project. Mayor Boro noted the pylon sign is 36 square feet, and he assumed that included not only the letters, but the entire sign. Ms. Delimont stated that was correct. She noted that when counting Shamrock Center, Comp USA, and Staples on the alternative, it was approximately 36 square feet. Mayor Boro asked if that was for the frame and the letters? Ms. Delimont stated that was correct. Mayor Boro asked why we did not count the background when looking at the 4 foot or 5 foot signs, because it is part of the signs? Ms. Delimont stated that was fully within Council's discretion, and was something that could be discussed with the applicant. Mayor Boro asked how this tied in with the reference in the staff report to signage on the building on the Lincoln Avenue side, asking if that was additional signage? Ms. Delimont acknowledged there was additional signage on the back of the building, facing Lincoln Avenue. Mayor Boro noted he would like the applicant to describe why he could not have signage on the front of the building, rather than the free-standing boards. Matthew Cappiello, representing La Terra Trifoglio, noted they understood the sentiment in the split decisions at the previous two hearings, and the fact that if they reduced the size of the letters on the front of the building, they would have been able to make everyone happier. He stated he had been unable to offer that during those meetings because of contractural commitments with his tenants. However, since the last meeting he has been able to discuss this with the tenants, and that is why the alternative program is being presented, which includes the 4 foot high letters on the buildings, and the pylon that includes the names of the tenants on the pylon, which he stated was very important to each of the tenants, and the reason for their willingness to reduce the size of the letters on the front of the building from 5 feet to 4 feet. Tom Harry, Architect with PBM Architects, distributed additional information to the proposal, relating to 4 foot high lettering. Mr. Harry stated the signage program actually dealt with two different types of signs; one type is the identity signs leading into the main parking areas from the major streets, which he described as small, lower monument signs on typical green pylons, one which says, "Shamrock Center", and another which says, "Land Rover". He pointed out another identity sign, a pylon sign that would be at the corner of Francisco Boulevard and Irwin Street, which would say, "Shamrock Center", and would also have the two tenant SRCC MINUTES (Regular) 2/2/98 Page 7 SRCC MINUTES (Regular) 2/2/98 names. He noted the aesthetics of all these signs have been somewhat industrial, in terms of the Shamrock Center wording, harking back to the original batch plant area, and in keeping with the architecture. He noted Comp USA's and Staples' signs would be in keeping with their brand logo's. He pointed out the main entry signs on the building had been downsized. Explaining why the signs had originally been designed with a background, Mr. Harry noted the two tenants are large, major retailers, typically seen in simpler buildings than this, and it has been the architects' task to attempt to show a little more dimension. He reported they had tried to incorporate the steel of the original batch plant, and the kinds of materials that were made there, into this new building. He pointed out that, typically, Comp USA and Staples have large signs, and the standard for both is approximately 6 foot high letters, placed on the face of the building. Mr. Harry stated what they had done in order to try to break down the scale of those kinds of boxy buildings was to have arcades and steel elements, which cast shadows and lend a human scale to the industrial aesthetics, and he noted the sign has really played a part in that. He stated they had attempted to find an inventive way to do a Comp USA and a Staples sign, rather than taking a big Staples sign and putting it on a building, and painting a red background around it. Mr. Harry reported the material they have chosen for the background at both of those locations is perforated metal, noting it is essentially a piece of sheet metal, and the pattern and the size of the holes can be varied. He explained that by doing that, we can choose to either not see through the material very well, or see through the material to the other side. Mr. Harry reported their approach had been to use this material as a background, and also as another plane that casts a shadow to the glass behind, and gives a little solar protection in the morning for those working in the building. He pointed out it would break down the scale of the building, and not be just a typical sign on the side of a box. He noted Staples' brand logo is to have a red background behind white letters, so that is why the design shows red perforated metal, as opposed to the silver gray that is used for Comp USA, because they do not have a typical standard for their background. Mr. Harry stated that while they had decreased the size of the sign, he believed it still looked good on the building. He noted his only reservation about reducing the size of the sign which says, "Comp USA, the Computer Store" was that it really tends to make the background a little more prominent, whereas it was originally designed for five or six foot high letters, and the base -facing on the supports was designed as such. Councilmember Cohen asked if they had proposed reducing the size of the background? Mr. Harry stated they had looked at that issue, but the problem was that it is all integrally tied -in to the arcade structure of the building, which means the length of the arcade would become a little smaller, and they would like to maintain rain protection outside the front entrance. Mr. Cohen asked if there was a beam across the back of the sign, holding the sheet metal? Mr. Harry stated there was. Mr. Cohen asked if perhaps the beam could be continuous, and the sign be reduced a little, noting one of the things that struck him about contrasting these two was that the background becomes that much more prominent as the letters shrink. Mr. Cohen stated he did like the signs with the letters smaller, but now he was concerned about the background and the way it will stand -out, particularly the red background, and noted he would like to see the background reduced in proportion to the letters being reduced. He stated the architects had come a long way on this project, and he appreciated them not coming back with such a large sign as part of their proposal. However, in looking at this, he felt the background still "read" as a sign, just as the letters do, and he felt we had to address that issue, as well. Councilmember Miller stated he agreed with Councilmember Cohen, particularly in relation to the red background, noting it would be more desirable if that could somehow be reduced, so it would match more proportionately with the reduction of the letters. Mayor Boro stated he shared the same concerns, noting in his earlier comments he had stated he did not understand why we do not measure the background, as it actually makes it look like a free-standing sign. He stated he had thought the 4 foot letters were going to be on the building, as they are on the side. He noted that while he agreed they had come a long way with the free-standing sign, and he supported the 21 foot height and 36 square foot size, he pointed out that this measured the whole sign, and yet when we measure the other signs, we do not measure the background, which he noted was truly part of the sign. He asked if these letters could go on the bulding, rather than on the pylons? Mr. Harry stated that with Staples, it could be tough, noting that if the letters were placed on the SRCC MINUTES (Regular) 2/2/98 Page 8 SRCC MINUTES (Regular) 2/2/98 glass, it would be difficult to have the red background. He noted he would rather see a strategy that would reduce the size of the element. Mayor Boro pointed out that in the elevation for Staples in the signage program, on the wall on Lincoln Avenue, the red around "Staples" is approximately the same height, perhaps just a little larger than the letters, and that is what he would like to see be the size of the background on both signs, if we keep the signs on the pylons. He stated it was difficult not to consider the background as a sign, because it truly does stand out. Councilmember Heller believed that if the background could be reduced a little it would make everyone more comfortable, although she did not have a problem with it, noting she felt it was a nice background, and looked like a nice sign. She asked Mr. Harry if he believed his client would be willing to shrink the background a little? Mr. Harry stated that from the standpoint of height, they could probably do that very easily; however, he was concerned as to how it would adhere to the framework that is behind it, and he was not certain how far they could shrink it horizontally, noting they would have to look at that from a design standpoint. He did believe the overlap above and below the sign could be brought down to something similar to the signs on the back of the building. Councilmember Phillips felt the sign, as it was currently structured, appeared to be a billboard, and he agreed the background should be measured as part of the size of the sign, noting he would much prefer to see it smaller and in proportion to the building site. Mr. Phillips asked the height of the pylon on the storyboard, and Mr. Harry stated it was 21 feet. Mr. Phillips did not feel it added much, in terms of identification, noting the signs on the side of the building clearly identify the site itself, and what the stores are presenting. Therefore, he was not enthralled with the pylon, and asked why they felt it was necessary? Mr. Harry stated that in negotiating the leases and planning the sites for the tenants, there are some critical elements where they do "draw a line in the sand"; one of them is parking, another is the configuration of the building itself, and the third most critical issue is their signage. He noted this was why they are now attempting to compromise, because the pylon is a very integral part of the tenants' program. He stated this is why they agreed to change to 4 foot high letters on the front of the building, noting he could likely have them agree to reduce the size of the background around the letters, as well. However, he was not very confident in telling them they would not be allowed to have a pylon. Mr. Phillips pointed out some of the Planning Commissioners also seemed to think pylons were not necessary, and, therefore, it may not come as a surprise to the tenants. Councilmember Cohen referred to the entry signs on the front of the building, clarifying the larger letters would now be at 4 feet. He asked if the smaller portion, where it will say, "Comp USA, the Computer Super Store", would remain as originally proposed, with the sign being 18 inches? Mr. Harry stated that would be reduced to 15 inches. Councilmember Cohen referred to the Staples sign on Lincoln Avenue, pointing out the lettering there is 2 feet high, and the red metal background is 2 feet 8 inches, suggesting a four inch border around this 2 foot sign. Based on that, Mr. Cohen proposed Council permit this application to go forward, with modifications to the background of the entry signs, which are visible on the front of the building, and visible from the freeway, and that those signs be reduced proportionately, so they have a border around the letters that is similar in proportion to the signs on the back of the building. He noted the Staples sign on the back of the building has 2 foot letters with a 4 inch border around it, and he felt the entry signs could be done with an approximate 6 inch border, or no more than 8 inches, around the lettering, not only on the top and bottom, but on the sides, as well. He stated this would bring it down to a "sign" and not a "billboard". Mayor Boro pointed out we would basically have the same effect as the sign on Lincoln Avenue. Mr. Cohen noted Mr. Harry had stated there might be a problem with reducing the sign horizontally; however, Mr. Cohen stated he was charging them with finding a way to accomplish this. Regarding the pylon sign, Councilmember Cohen stated he shared some of Councilmember Phillips' concern; however, he recognized the 21 foot free- standing sign is allowable under the Sign Ordinance, noting this is a freeway oriented retail parcel, and the City has agreed this is an appropriate use. Mr. Cohen stated if the site was not positioned where it is, if there were not the issues of the elevated freeway and the curvature making visibility a somewhat "iffy" proposition, he would be less favorably inclined toward the free-standing sign. However, given that site issue, he stated he was willing to go along with the free-standing sign, noting it is much more acceptable, now that it is being reduced, than when it was first presented. SRCC MINUTES (Regular) 2/2/98 Page 9 Fla SRCC MINUTES (Regular) 2/2/98 Councilmember Cohen asked if the Resolution itself would have to be modified to incorporate the modifications he had suggested? Ms. Delimont stated staff would attach the actual signs that are approved to the Resolution. She stated staff could bring that back to Council at the next meeting, or Council could include it in part of this motion, and staff would amend the Resolution. Referring to the free-standing sign, Mayor Boro agreed there was an entitlement to this, since the building is located near the freeway, and it is consistent with what the City has done with other buildings in similar situations. He felt the fact that the signs have been reduced on the building itself compensated for allowing the free-standing sign. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution approving the Sign Program, modified as suggested by the applicant, with 4 foot letters on the building signs on the front of the building, and further modified with Mr. Cohen's recommendation that the background for both of the signs be reduced to no more than a 6 inch border around the lettering, including the sub -text underneath, and that the free- standing pylon sign and other building signs be approved as submitted. Councilmember Phillips stated the motion which incorporates the thought given to the backgrounds is a good one, and is much improved. However, he stated he was going to vote against it because of the free-standing pylon, noting it was a standard he would prefer not to see throughout the City. He did feel the suggestion with regard to the sign on the building itself was an excellent one. RESOLUTION NO. 10014 - RESOLUTION APPROVING A SIGN PROGRAM FOR THE SHAMROCK CENTER, A 48,000 SQUARE FOOT RETAIL BUILDING AND A 11,600 SQUARE FOOT AUTOMOBILE DEALERSHIP; 655 IRWIN STREET; APN 13-032-01, 02, 04, 05, 06, AND A PORTION OF 13-021-28 (As Modified To Allow Four Foot Letters For The Signs On The Front Of The Building, And The Background For Both Of Those Signs Be Reduced To No More Than A Six Inch Border Around The Lettering, Including Any Subtext Underneath). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips NOTICE OF INTENT TO FORM POINT SAN PEDRO ROAD LANDSCAPING DISTRICT: (Admin. Svcs.) - File 6-54 Administrative Services Director Ken Nordhoff reported last August Council took the first step, based on the recommendation of 16 Neighborhood Associations, to consider forming the Point San Pedro Road Landscaping District. Mr. Nordhoff stated it was important to note that the District has to be formed under both Assessment District Law, which is identified in the Streets and Highway Code, as well as Proposition 218. Therefore, while the Council is here to facilitate the process, by and large, the outcome of the District ultimately rests in the hands of the voters. He stated staff was recommending Council approve three Resolutions at this time, in order to take this process to the next step. Mr. Nordhoff stated staff had included a number of informational items in the staff report, specifically such things as the fact there are General Benefit and Special Benefit portions of this project, so the City and the County, and the residents and businesses in the area are, in effect, forming a partnership to improve the level of service in East San Rafael. Mr. Nordhoff stated it was also important to note that because of the requirements under Proposition 218, the City has formulated an agreement with the County of Marin, which Council ratified at its last meeting, and the County Board of Supervisors ratified last week, which allows the City Council to serve as the lead agency in this process, and eliminates having to run dual meetings, and have dual ballots and Engineer's Reports for City residents and County residents. Mr. Nordhoff introduced Mike Bannon of Muni Financial, who worked on the Engineer's Report, and asked him to provide a brief overview of the report, and some of the requirements of Proposition 218. Mike Bannon, Muni Financial, stated there were four general steps to the assessment process; the first is to calculate the cost and what it is for, identify what it is they will be maintaining; the second step is to define the parcels that are going to be benefiting from these improvements, and the maintenance of those improvements; the third step is to calculate the SRCC MINUTES (Regular) 2/2/98 Page 10 SRCC MINUTES (Regular) 2/2/98 assessments, based on the first two steps, the cost and the parcels it applies to; and the fourth step, which is the most significant since the passing of Proposition 218, is submitting the assessments to the property owners for approval. Mr. Bannon noted that in looking at the improvement being proposed for the Point San Pedro Road Landscape District, the first issue was to renovate the existing medians. He reported there were 29 medians, and the cost to rennovate them would be approximately $500,000. In addition, there is approximately $100,000 in additional costs related to the issuance of a bond, so the total bond issuance would be approximately $600,000. Based on that bond amount, and current interest rates on a twenty-year payback period, the annual debt service would be approximately $56,000. In addition, Mr. Bannon reported there is an annual maintenance cost of approximately $90,000 for the ongoing maintenance of the facilities after they are in. He stated Proposition 218 requires that if there is a General Benefit portion to the improvements, or the maintenance of the improvements, we cannot assess for that portion, we can only assess for the Special Benefit portion. The General Benefit portion has been tracked out, which represents apporoximately 13% of the total, or approximately $19,000. Therefore, there is a total annual cost of $126,000 to $127,000 that will have to be maintaind through an assessment. Referring to the General Benefit portion, Mr. Bannon reported that General Benefit is not only not assessable, but it must be paid, in this case, by the City and the County, noting there was a percentage split of approximately 60/40 covering the General Benefit portion. Mr. Bannon stated once the cost has been identified, then the parcels are defined. He reported the first thing they do is look at the boundary, and pointed out the boundaries of the proposed District on the map. He noted they next would look to see which parcels benefit from the improvements, and they would look at land uses, because different land uses benefit in different manners from improvements. Mr. Bannon noted they would then calculate the assessments, based on the numbers he had previously described, the total EDU (Equivalent Dwelling Units), which has a single- family residential unit as a standard. He reported the assessment per EDU is $42.60, noting commercial properties have 4 EDU's per acre, or an assessment of $170.40 per acre. He stated they had maxed these out in the case of most commercial parcels at a total of 20 EDU, noting there are some other steps down from that for some of the other land use categories listed in the report. Mr. Bannon reported that after calculating the assessments, the next step is to put this out for property owner approval. He pointed out that under the old rules, before Proposition 218, this approval process took the form of written protest, and if not enough property owners protested it, based on acreage, then the Council could simply go ahead and enact the assessment. However, now the City must send out property owner ballots, and those ballots returned are counted, and weighted, based on assessment amounts. Therefore, Proposition 218's two major substantive requirements are that we cannot assess for General Benefits, and new assessments require property owner approval. Mr. Bannon stated the Proposition 218 ballot process requires the ballots be mailed to all assessed property owners. He noted we cannot simply mail the ballots to registered voters or residents, the ballots must be sent to the property owners. He pointed out the idea behind Proposition 218 is that those who are going to be paying the assessment should have the right to vote on it, and those who are going to pay the most should also have the most say in it. Therefore, ballots are counted, weighted by the amount of the proposed assessment, not by the amount of the assessed value, but by the amount of the proposed assessment. Finally, as the ballots are being counted, a simple majority is required to approve the assessment. He explained that if 50% do not protest, if 50% do not vote "No", then the City can adopt the assessment. He noted it still follows the old rule that if not enough people say they do not want it, then we can adopt it. Therefore, he made the distinction that 50% are not required to approve it, rather it can be adopted if at least 50% do not vote "No". Mr. Bannon reported SB 919 had added a couple of things to this process. First, it requires the ballot be signed and dated. He pointed out that before last July, this was good practice, but it was not a requirement; however, completed ballots must now include a signature and a date. Secondly, he reported only one Public Hearing is required, noting it used to be that there would first have to be an Intent Meeting, then a Public Meeting, at which people could come forward and talk about the assessment, and support it or protest it, and finally another Public Hearing at which it would again be discussed. Now, however, only the Public Hearing is SRCC MINUTES (Regular) 2/2/98 Page 11 SRCC MINUTES (Regular) 2/2/98 required, and the middle meeting, or Public Meeting, is no longer required. He noted, in fact, the meeting currently being held, an Intent Meeting, is actually optional, although Mr. Bannon believed it was a good idea to continue to have an Intent Meeting, so the Council is informed and active in the process. Mr. Bannon explained that at the Public Hearing, the ballots would be counted, in a final sense. Mr. Bannon explained the next step after this current meeting, if Council chooses, would be to adopt the Resolutions and have the ballots mailed out, and then on April 6th have a Public Hearing, at which there would be a final ballot tally. Mr. Bannon noted the reason April 6th has been recommended for the Public Hearing is because there is a minimum 45 day balloting period, from the time the ballots are mailed out until the time of the final Public Hearing, and following the existing City Council meeting schedule, it was recommended the Public Hearing be set for April 6th. He noted the 45 day period would also give Muni Financial time to print and mail the ballots within the next ten days. Mayor Boro asked for clarification on the 50%, and whether that meant 50% of those ballots that are returned. Mr. Bannon stated that was correct, noting it referred to 50%, by assessment amount, of the ballots that are returned. Administrative Services Director Nordhoff noted the ballot language and content were largely dictated by Proposition 218, reporting we would have to include names, addresses, the actual amount of each property owners' assessment, as well as the total assessment figure. He stated staff would be working with Mr. Bannon to put that language together, noting, in essence, there would only be two boxes, one for "Yes" and one for "No". He noted information would be included describing the Engineer's Report, and how that information is available if people want to read more of the detail. Mr. Nordhoff reported the ballots were currently scheduled to be mailed out on February 13th. Councilmember Phillips noted a person voting might be concerned about escalating cost down the road, particularly in the maintenance area, and he asked if there was a possibility that maintenance costs could increase, and that the assessment costs might increase? Mr. Nordhoff stated that was correct, noting there was language in the Engineer's Report describing an allowable for an inflationary factor regarding maintenance, which would be tied to the Consumer Price Index in the San Francisco Bay Area, and it also contains a cap on the rate, set at 5% per annum. Mr. Nordhoff reported that information would be included in the ballot. Mayor Boro asked, if someone wanted to, could they prepay the assessment upfront? Mr. Nordhoff stated it was a two-tiered approach, noting they could pay-off the bonded portion, which finances the improvements; however, the maintenance portion, which is approximately $25 per year, would remain in existence, and could not be prepaid. Mayor Boro clarified that the improvement portion could be prepaid, and Mr. Nordhoff stated that it could. Councilmember Heller noted the Councilmembers had received letters from property owners who are questioning the benefit to the properties, noting these people were included within the boundary, whether or not they agree that they do get a benefit. Mr. Bannon stated developing the boundary and the parcels to be included was a rather thorough process, with the intent of including only those parcels that did receive a benefit from the improvement. He noted the Engineer's Report is actually their declaration that, among other things, the parcels in the District are receiving benefit from those improvements. Mayor Boro invited members of the public to address the Council on this issue, asking that they limit themselves to three minutes. Hugh Campbell, stated those who have been working on the Assessment District for the past two and a half years had read Mr. Bannon's report thoroughly, and they agreed with it totally, noting they believed it was a fair report, and equitable to all the property owners. He reported that in the past week or two, questions have arisen about the water supply for the medians, and the question has been asked that if they do all of the work and planting, what happens "if". Mr. Campbell reported they had spoken with several people from the Marin Municipal Water District, and people in charge of general water conservation, and the general feeling is that there will be water available within the City and the County, and this will not be an issue. He stated even if we had a draught, as we did in 1975 and 1976, with the steps that have been taken since that time to improve water supplies, in addition to the types of draught -resistant plantings that will SRCC MINUTES (Regular) 2/2/98 Page 12 SRCC MINUTES (Regular) 2/2/98 be used, they believed that even in a worse case scenario, there would be sufficient water. Mr. Campbell stated the last thing they want is to do all the planting, do all the work, and then not have enough water for it. He stated they felt very confident that would be available. Mr. Campbell stated we had really reached the point where we could let the residents have a choice, which he felt was wonderful. He noted that within the next several weeks, property owners in East San Rafael can vote "Yes", stating,"Yes, I think it is worth $42.60 per year of my money to improve the four and a half miles of medians I see every day of my life", or they can vote "No", stating, "No, it isn't". On a personal note, Mr. Campbell stated he was becoming quite enamored with Landscaping Assessment Districts, noting it was grass-roots work at its best, and he could not think of a more efficient way to achieve this objective. Mr. Campbell reported two and a half years ago they asked all the questions that are being raised now, and as this reaches a point where people are ready to vote, people are coming out with all of the normal statements and questions. Mr. Campbell noted some people are claiming "double taxation", which he stated simply was not true. He noted if people looked at the facts, if they looked at the City of San Rafael Budget, they would see this is not taxing them twice, it is just that there simply is not enough money left for median restoration. He stated the point is that if they want something to be done, it is up to them to do it, and a Landscaping Assessment District is the most efficient way. Referring to the many questions that have been asked, he noted one of them had been, "What happens if the money is spent somewhere else?" He explained he could not think of a more focused way to do this than by a Landscape Assessment District, noting the money would be spent solely on this four and a half mile section, and nowhere else. Another question he had heard was, "What if we plant, and then there is no maintenance?", and Mr. Campbell explained part of the $42.60 was for maintenance. He noted other points had been raised, but he felt as people looked at the facts and judged for themselves, they should be happy, as he is, that we have this vehicle, noting it is the perfect vehicle to achieve this. Mr. Campbell recalled the last time he stood before Council he stated their objective had already been very simple, noting it was just to be able to leave their homes and drive that four and a half miles of roadway and have it look nice, and have it be an advantage and an asset to their neighborhood. He believed that when the Assessment District passes, it would bring Point San Pedro Road up to the same pride of ownership level as the homes out their way. He noted they now have beautiful homes with lawns that are mowed and maintained, and the only thing lacking is this terrible roadway; however, the Assessment District will provide them the vehicle to improve that. Mr. Campbell stated he looked forward to sending out the ballots, and especially looked forward to the people having a choice, a direct "Yes" or "No" vote. He asked the people to sit down and really look at the facts, noting he felt if they did, they would agree this would be money well spent. Alice Vipiana, resident of East San Rafael, noted there was a statement in law that "bad facts make bad laws", and she felt bad facts made bad actions by legislative bodies. Ms. Vipiana referred to a flyer which she had been told was intended to go out with the ballots, but noted a group of residents protested, and now the flyer will not be included with the ballots. She stated the City's ballot must be totally neutral. She noted the flyer states 75% of the voters are in favor (of the proposed Assessment District), as indicated by a City poll of Point San Pedro Road neighborhoods. Ms. Vipiana stated this was totally false, noting the City did not poll the Point San Pedro Road neighborhoods, rather the poll was done by the proponents for this Measure. Although she did not like being negative in her feelings as to whether she could trust people or not, she stated the fact is the flyer was false, and asked what else might be false? Ms. Vipiana stated the residents would like to see a proper poll done by the City, claiming the City had not even verified the cards that were returned, and noting in all her years in politics and merchandising, she had never seen a 42% response on anything. Ms. Vipiana noted one of the things being touted is that 16 Homeowner Associations requested the City initiate the process. However, when she questioned her own Homeowner Association President, she asked him if he had polled the members of the Board of Directors, and his response was only that he had called some of them. She noted a Board Member who was very upset with the process did poll all but two fellow Board Members, and two were adamently opposed, two did not want to take a position because they SRCC MINUTES (Regular) 2/2/98 Page 13 SRCC MINUTES (Regular) 2/2/98 did not know enough at this time, and one said he was in favor. Ms. Vipiana stated if a vote had actually been taken of the Board Members of her Homeowners Association, it would have lost. She asked how many other Homeowner Association Presidents had taken the course where they were actually just representing themselves? She noted that as different people are joining the Marin United Taxpayers Association and the East San Rafael Homeowners Associations, they are being asked to call their Boards Members and Presidents and ask them if they were polled. She noted that, so far, she has not received any positive responses. Referring to the cost, Ms. Vipiana noted that breaking it down into simple little bites makes it sound one way, but she sees it another way. She reported she had her accountant do the figures for her, to make certain they were correct, and she reported $42.60 for twenty years, times 280 parcels, came to $2,385,600. She pointed out this represented only 87%, because 13% will come out of General Funds. She stated the cost coming out of the other taxes imposed on everyone will amount to $356,468, for a grand total of $2,742,068. She pointed out there was also the possible 5% increase in maintenance, which she noted would go on forever. Ms. Vipiana stated that as they are educating people to the real amount of money, this was not going to sell, noting people would not pay $2.75 million for some flowers. Ms. Vipiana questioned the City's statement that there is not any money, and asked, "What did you do with it?" She stated that since Proposition 13, taxes have risen fourfold, noting most of the taxes come from Sales Tax. She noted that as inflation goes up, prices go up, and the tax base, itself, goes up. She stated the City is getting the increase it needs each year, and again asked what had been done with it? In conclusion, Ms. Vipiana stated she believed Assessment Districts are being used as "designer taxes", in other words, people might not vote for one item, so the City gives them a different, "cute" item to vote for; however, she noted that little by little, the people would wake up to the true incident of what is happening here. She called attention to a portion of the staff report which stated, "I feel the results of this effort will be of a benefit to the Council, in determining if similar processes might be supportive to meet other unfunded services, such as $80 million in infrastructure needs, for such things as streets and sidewalks". She noted they have chuck -holes out on Point San Pedro Road, and asked if next year the City would come back and ask the residents if it would benefit their homes if the chuck -holes were fixed, and then have them repave the street out of an assessment, above and beyond what they already pay in taxes? Ms. Vipiana noted the American people are already paying approximately 52% of their income in taxes, and stated she was waiting for Moses to rise up to say, "My people are heavy laden, please let my people go". Leonard Kottenstette, resident of San Rafael, stated the $2 million amount Ms. Vipiana mentioned was totally out of proportion for the work that needs to be done. He also referred to the four and a half miles of median that would be maintained by the Assessment District. He noted he had measured the distance from Biscayne Drive to San Rafael High School, and reported the distance was actually 4.2 miles. He stated that when subtracting for the intersections and the shrubbery that has viable vegetation on it, there are hardly two miles left over that need attention. He pointed out there were many areas with different types of good vegetation and landscaping. Mr. Kottenstette stated he has lived in the Glenwood area for thirty-four years, from the time there was only a two-lane road, noting the strip in front of Glenwood has been the way it is now for approximately twenty years. He stated as far as he knew, the people who are proposing the Assessment District have not addressed what type of soil the different areas have, noting some areas may be impacted from the brackish water of the Bay, and they do not know if they can even put anything in there except, perhaps, river rock, which he acknowledged would look a lot better than what they have now. Mr. Kottenstette stated the residents are being asked to vote on something when they do not even know what is being proposed. He felt there should be a report which identifies the types of vegetation that will be used, and find out exactly what they are voting on. He noted at this point, they really do not know what they are voting on, and he felt the process should be delayed until the people in the area can be further informed. He stated that while the assessment process is allowed under Proposition 218, he felt it was very disengenuous that ballots would be mailed to the residents who will vote, many of whom may think of them as some kind of junk mail. He stated that even if the residents do open the ballots, as the previous speaker reported, the residents have to sign and date the ballot. He pointed out that some people even forget to sign their Income Tax returns, SRCC MINUTES (Regular) 2/2/98 Page 14 SRCC MINUTES (Regular) 2/2/98 so that would also throw the onus on the voter to fulfill all these conditions, and he might not even know what he is voting on. Mr. Kottenstette stated there was no assurance the new irrigation system would work any better than the one that is now in place, noting a lot of money had already been spent out in that area, and now they were doing it all over again. Mr. Kottenstette referred to Ms. Vipiana's mention of possibly $80 million being derived from a continuous Assessment District, and pointed out there has just been a new tax on telephone bills, he has had a tax on his Social Security, and taxes are being proposed for a Transit District. He stated we are just having one tax after another, noting that when people begin to find out they are in hot water, maybe they will learn how they are supposed to vote on this issue. Mr. Kottenstette referred to Mr. Campbell's remark that he felt the MMWD (Marin Municipal Water District) would support the residents; however, he referred to a document in which MMWD stated they would not do it. Mr. Kottenstette noted it has been said that a verbal contract is not worth the paper its written on, and he pointed out there is no document, in hand, which states the Water District will support the residents. Mayor Boro explained the letter from the Water District stated they were not interested in participating in the Assessment District, not that they would not provide the water. David Tattersall, President of the Bayside Acres Homeowners Association, noted most of the Homeowner Associations in East San Rafael are "unofficial" Homeowner Associations, so the feedback they get, as an Association, is only from the members who wish to give them feedback. He reported he had participated in an unofficial poll, and received some feedback from his Association, noting he had been very surprised to find that the feedback was 100% opposed to the Assessment District. He stated the biggest issue that came out of this was that none of the homeowners believe they are going to get any special benefit, as defined in the Bond documentation. He noted the Special Benefit is written -up in the Engineer's Report, and given a number of elements that would make up a special benefit; however, the basic statement is that it is going to enhance the residents' homes, in neighborhoods that are very much separated from this artery. He pointed out that Point San Pedro Road is an artery, not a neighborhood street, explaining it is an artery that goes all the way around to the Marin Civic Center. He believed most of the members of his Homeowners Association felt it was not the responsibility of the neighborhoods to maintain this street. He stated the residents have no idea what is going to be put in, or where it is going to go. He noted that, interestingly, the section of median in front of Bayside Acres, which is the stretch East of Loch Lomond Marina, is virtually all concrete retaining wall, and is, thankfully, covered with ivy, which also gives some sound protection. He stated the homeowners in his neighborhood are fearful that if this Assessment District is approved, the walls will be cleared of the ivy, and they are going to lose their relief from the noise, and they will not obtain any specific benefit. Mr. Tattersall stated that in his personal opionion, and based on his experience as an appraiser, the improvements along Point San Pedro Road will in no way enhance home values in the neighborhoods that are accessed from it, noting there is absolutely no evidence that would be. Stuart Lum, noted this has been very much a grass-roots effort. He recalled when the Homeowner Associations met with County Supervisor Kress and Mayor Boro in 1995, they were told they should develop some kind of partnership with the City, because the funds were clearly not there to restore the medians in the scope they had anticipated. He stated it had not been easy for them to accept the statement that there were no funds available, but they did look into the issue, and found the amount of property tax income the City receives back from the State is less than what it takes to run the Police Department or the Fire Department for one year. Therefore, he acknowledged they knew the figures in the City's budget, which show the City only has approximately $5 million in property tax income, is correct. He stated the Homeowners Associations were not in a position to demand the City start closing Fire Stations, or reduce the number of Policemen, in order to fund a median project; therefore, the Homeowner Associations were coming to the City with a partnership agreement to invest in the future. Mr. Lum stated the Homeowner Associations stand by everything they have done, and are ready to support their position with facts and documentation. He noted they have the support, reporting they had met last week with the Presidents of the Homeowner Associations, and he believed they stood behind SRCC MINUTES (Regular) 2/2/98 Page 15 SRCC MINUTES (Regular) 2/2/98 this proposal, as did many of their Boards. Mr. Lum acknowledged there were people in Mr. Tattersall's Homeowners Association who did not support the Assessment District, noting this had surprised him, because he had attended an earlier Council meeting at which over half the people stated they were in favor of such a District. Mr. Lum stated it was now at the point where the Associations were asking the Council to take the next step and allow them to put the issue to a vote of the people. He reported that in this process, they have had two community meetings, and an additional meeting with commercial property owners, noting they had outlined exactly what the residents could expect to see in the medians. He pointed out that in conversations with Marin Municipal Water District, they were informed that unless the plants used in the medians are draught tolerant, they will not permit the water to be turned on to these medians. Mr. Lum reported that in the course of the past two years it has been made very apparent to the City that the Homeowner Associations supporting this project do want to have some participation, in some capacity, if the formation of the Assessment District proceeds. He believed City Administrators had agreed a Citizens Advisory Committee should be formed, not only to provide input regarding the landscape design, but also a Committee that would be in place during all the years for which the medians are being maintained during the Operation and Maintenance phase, as the residents have a vested interested in making sure things proceed as they had hoped, and in an efficient and cost effective manner. Mr. Lum stated the proponents were not asking the City Council to make any decisions on the median project on their behalf, noting the decision for the Assessment District was rightfully in the hands of the voters. He noted they had seen the consultant's report, they felt the plan was reasonable and fair, and they believed it was time to let the voters decide. Kirk O'Day, Co -President of the Glenwood Homeowners Association, stated the public medians had been virtually abandoned, and their degraded appearance has begun to affect the overall appearance of all the properties along Point San Pedro Road. He stated that since most, if not all, residents desire to preserve the upkept nature of their neighborhoods, and inasmuch as 176 out of 248 respondents from Glenwood in the previously referred to poll were in favor of the median improvement, he respectfully submitted that the Council allow the balloting to go forward. Pauline De Lury, 31 Locksley Lane, stated she and her husband endorsed and supported the landscaping and restoration project for Point San Pedro Road. She noted her neighbors, Linda and Roger Battaglia, 32 Locksly Lane; Paul Gogna, 27 Locksly Lane; and John Egan, 35 Locksly Lane, were unable to attend the meeting, and had authorized her to add their name to her endorsement. Janet Brown stated she was speaking on behalf of her sister, who lived in the proposed Assessment District, but was unable to attend the meeting. Ms. Brown noted she was a farmer in West Marin, and a founder and Director of the West Marin Food and Agriculture Project. She stated that if the proposed Assessment District is approved, she felt it was important to consider approaching the project in a systemic way, and rather than looking at it as merely a landscape project, look at the twenty-nine islands as a corridor, or habitat. She also believed we should use community process, because this is community money, to do the greatest good for the most people; therefore, she stated her proposal had more to do with using this as an opportunity, because this is a highly visible corridor, and many people visit it, as it is on the way to a recreation area, and near a sensitive water area. She suggested the medians be landscaped in native plants, which are also draught tolerant, and could be used to create a twelve-month continuous cycle of nectar production for pollenators which migrate through this area, such as hummingbirds, butterflies, and wasps, noting we could create a very rich environment to support them on their journey. Ms. Brown also suggested we could perhaps involve the schools in the area in researching what migratory pollenators pass through that particular corridor. Referring to comments made by an earlier speaker, Ms. Brown noted there were areas where the water was very brackish, and she believed native plants would actually stand the best chance of flourishing in that kind of environment, noting once they mature and grow into beautiful and dense plantings, the maintenance should drop year after year, and come to just about nothing in terms of weeds. Ms. Brown recommended we stay away from "hard-scaping", SRCC MINUTES (Regular) 2/2/98 Page 16 SRCC MINUTES (Regular) 2/2/98 using cement and rock, which she described as a mean-spirited kind of landscaping, as well as being expensive. She also suggested staying away from azaleas, rock roses, oleanders, bottle brush, pruned eucalyptus, and all the other kinds of freeway plants we are so used to. She stated we had the opportunity to do something that could stand as a model and have systemic benefits, so it creates environment and becomes an ecological education project for the surrounding schools, something the residents can enjoy, and something that could become a model of how to use native plants in a place like Marin County, where we ought to be looking at this kind of forward thinking development. Ms. Brown pointed out the cost would also go down, the benefits would go up, and the community could support it more if it cost less and gave back more. Ms. Brown urged, if the Assessment District goes forward, that the Council give strong consideration to what is planted there, and the spirit in which it is planted. Wanda Lee Smith, homeowner in the Loch Lomond area, stated the proposed Assessment District disturbed her greatly. She noted she is retired, is a widow, and while she is not poor, she felt this might be the straw that broke the camel's back. She stated what has bothered her from the beginning is the matter of precedent, and she quoted from the staff report, "I feel the results of this effort will be beneficial to the Council in determining if similar processes might be supported to meet other unfunded services, such as for streets, parks, storm drains, and public facilities maintenance and improvement projects". Ms. Smith asked, if Council were to do this, where would they stop? Richard O'Brien, resident of Loch Lomond, pointed out a poll had not been taken of the Board of Directors of the Loch Lomond Homeowners Association; therefore, he noted he was not speaking on behalf of the Homeowners Association in his capacity as Vice -President, he was speaking as a resident of Loch Lomond. Mr. O'Brien stated he was strongly in favor of the Assessment District being put to a vote, although at this point he is neither a proponent nor an opponent of the Assessment District. He stated times have changed, and referring to the comments of an earlier speaker, he noted he, too, has been a resident of many years, having lived in the Glenwood area for twenty years, and the Loch Lomond area for twenty years. Mr. O'Brien reported the center dividers had originally been built by the Homeowners Association, and the plumbing is now forty years old. He noted he had personally built the planter boxes, planted the trees, and obtained the top soil and the trees from the nursery, for which he was reimbursed by the Homeowners Association. He stated they began with eight or ten people, and then dwindled down to one person doing all the work. He stated there was no maintenance, noting the only maintenance they had was the City's water truck coming by and watering the plants. Consequently, although the possibility of volunteers doing the maintenance has been discussed, he believed it was important to note there have not been any volunteers thus far. He stated he did not believe the City would want volunteers working in the medians, nor would he want to see them out there, as it would be very hazardous. Mr. O'Brien stated there were three things in life that were certain; death, taxes, and resistance to change, which he stated was the problem we now have. He urged Council to put this to a vote. Leo Isotalo, resident of Peacock Drive and President of the Peacock Gap Homeowners Association, stated the Board of Directors of his Homeowners Association had been polled last year and this year, and the strong majority are in favor of proceeding with this, although he acknowledged many of his neighbors would not be in favor of it. Mr. Isotalo stated, having lived in other states, those who are long-time residents of this area are very lucky in having their real estate taxes based on a percentage of the current value. He noted other states have quite a different system, and he felt we really have quite a bargain, and a little extra tax for the kind of value many of the residents perceive they will get is a minor cost to pay. Mr. Isotalo referred to the preliminary report, noting he had some concern regarding the Bond Rate Assumption, since the published average Muni Bond Rate today is 5%, not 6 1/2%. He stated it seemed there were some undue costs loaded on the bond, for a small bond offer, such as underwriting discounts, and he believed there might be some way to look at other alternatives for the bond financing, offering to volunteer his services in pursuing this. Mr. Isotalo stated he was also concerned, as others will be when they see there is a potential for inflation in the Operating Cost, that there is no incentive in this plan to maintain or control the cost. Mr. Isotalo stated the Consumer Price Index (CPI) has very little to do with such things as service costs and landscaping costs, and he felt that in the final report there needed to be some mechanism, or trigger, that can SRCC MINUTES (Regular) 2/2/98 Page 17 SRCC MINUTES (Regular) 2/2/98 be pulled annually to control the costs, rather than just allow them to go up. He pointed out that if the CPI goes up because food and gasoline has gone up, that does not mean we should have to pay more. Irma Parsons, resident, noted she has lived here all her life, and has seen her taxes continuously go up. She stated she has no objection to river rock, she thinks it is beautiful, and believed it could be set in concrete and used with a little bit of hedging or greenery, noting we would not have to worry about watering, mowing, or anything other than sweeping it off once in a while. There being no further public comment, Mayor Boro closed the public hearing. Mayor Boro asked Mr. Nordhoff to respond to the comments from the public, particularly the issues of how people can see what they are voting for, how do they know that what is talked about will be delivered, the formation of an Advisory Committee, and the assumptions on the Bond Rate, a cap on inflation, and whether we can be more realistic on the rates. Mr. Nordhoff noted this was a preliminary Engineer's Report, and if the process goes forward and the Assessment District is formed, then there will be a final Engineer's Report. He pointed out these were conservative estimates, explaining the financing would not be in place until June or July, and things could change for a variety of reasons, and we were trying to leave ourselves a little bit of room. He noted that on numerous occasions they had discussed doing a private placement on the financing, rather than going through a traditional bond issue, which would reduce the insurance and rating costs, and a number of other things. He stated staff was deeply aware of trying to obtain money at the least possible cost, and that was their intention. With respect to cost control, Mr. Nordhoff stated that if the Assessment District goes forward, construction and improvements would be competitively bid like many other projects of the City, as would the ongoing Maintenance Contract, under the ongoing administration of the Public Works Department. He stated the intention was that these would be out -source services, competitively bid, and that the residents would get maximum "bang for their buck". Regarding an Advisory Committee, Mr. Nordhoff reported the proponents of the project had mentioned on several occasions that they were intersted in having a group of people sit down, work up some of the specifics related to design, plant materials, and the types of things put into the various medians. He noted there may be different issues in different sections of the District that are important to different neighborhoods, and he believed there would likely be some kind of public forum put into place, where the Design Architect could come up with a conceptual design, and take input regarding the actual materials and plants, which would help in formulating what the final design would actually become. Referring to the question, "What do we get", Mr. Nordhoff stated that process had been fairly well delinated in the staff report. He pointed out staff had identified all the major cost components for both the improvements and maintenance, they have talked with County staff, who administered similar projects, and they have talked with Architects and Engineers who have worked on South Novato Boulevard and Sir Francis Drake Boulevard, to make sure our cost estimates are fairly accurate, and are really based upon draught tolerant improvements. He noted specific plants had not yet been identified, stating that was something that would be dealt with at a later date, should the District go forward. Councilmember Heller referred to the figure of $42.60 for homeowners, per parcel, and asked if, in the final report, that amount could be higher, or if this was the actual amount Council was being asked to vote on? Mr. Nordhoff stated the amount could not be higher than $42.60, although it could be lower. Councilmember Phillips referred to the assessment in regard to golf courses, particularly Peacock Gap, which is approximately 5 acres. Mr. Phillips stated it appeared they were getting a real bargain, noting they have considerable traffic going to the golf course and back, and he felt just the ambience of an improved median the full length of the four plus miles to the course might derive a greater benefit than $170.00, or four times that of the residents who might be up in the hills. He asked how that particular parcel had been capped? Mr. Bannon noted that when he stated it was $170.00, that was per acre, not the total amount. He explained the amount was also per parcel, and he did not know how many parcels were in the golf course; however, he reported that by multiplying SRCC MINUTES (Regular) 2/2/98 Page 18 SRCC MINUTES (Regular) 2/2/98 20 times $42.60, that would be their assessment per parcel. Mr. Phillips stated he was unclear as to what the maximum 20 EDU meant. Mr. Bannon explained there is a maximum for a parcel of 20 EDU, and the base rate is 4 EDU per acre; therefore, with 5 acres there would be 20 EDU on a parcel, and multiplying that 20 times $42.60 would give the assessment on a per parcel basis, if they have more than one parcel. Mr Phillips asked what the golf course would be assessed, based on that type of calculation? Mr. Nordhoff referred to a letter that combined all the parcels for the golf course, reporting the total assessment was $1,806 per year. Councilmember Cohen stated the question now before Council was actually a very simple one, noting he had not heard any compelling arguments against it, although he had heard some strong arguements in favor of letting the properpty owners vote. He stated that was all Council was being asked to do, pointing out they were not being asked to impose the assessment, to levy a tax, or to raise property taxes, rather they were simply being asked to allow the property owners most directly affected by the medians, in their current condition, whether or not to assess themselves to improve the condition of the medians, which is something the City has been unable to do, and will continue to be unable to do, for the foreseeable future. Mr. Cohen felt this was a fairly simple proposition, and puts the opponents in the odd position of arguing against democracy. Mr. Cohen stated that while he was not entirely comfortable yet with this new method of financing certain activities of local government, the voters of the State of California have been very clear in stating this is the way it is to be done, noting Proposition 218 passed by a significant margin, and provided for such things as weighting, so large property owners have a more weighted vote than single-family homeowners. He noted the voters read the Proposition and passed it, and the State Senate codified some of the provisions of it and implemented the procedures, such as the requirement that the voters must sign and date their ballots. Mr. Cohen pointed out the City has been told this is how we must proceed on these kinds of assessments, and if it is to proceed, the voters have the right to vote on it. He stated the voters have been very clear that they want the right to vote on the issue, and all that the Homeowners Associations have asked Council to give, is the right to vote on this. Mr. Cohen stated he believes, and the Council well knows, that there is no "fat" in the City's budget, and he invited those who doubt this to participate in the City's budget process later on this year, and assist Council and staff in identifying that, if they can. He noted most of the money goes to Public Safety, and much of the rest goes toward maintaining the City's infrastructure, not for enhancements like planting medians. He acknowledged taxes have gone up, but pointed out the City's cost of doing business has gone up significantly. In addition, the City has a significant, unfunded liability in terms of Capital Improvements. He noted it may be that, sooner or later, the residents are going to have to ask themselves, as taxpayers in the City of San Rafael, if they want to invest in fixing the streets, storm drains, and sidewalks, or if they want to continue to let them deteriorate, since the City cannot afford to maintain them on an ongoing basis out of the City's Operational Budget. Mr. Cohen stated the City may, again, revisit this type of issue, and should we do so, the voters will have a chance to decide. Councilmember Phillips noted the question was asked that if we do this, where is the City going to stop? Mr. Phillips stated since this is a self- assessment, and those most directly impacted by the vote, the assessment, and the improvement, are the ones making the decision, then it strikes him that it is going to stop where those who are most directly impacted under Proposition 218 decide that it is to stop, or continue where they decide it should continue. He believed it would be a disservice to the group that has come before the Council, after a considerable length of time, and with a proposal they believe will directly impact and improve their neighborhood, if the City were not going to allow this. He believed the City, under Proposition 218, had the right to state that this is Self - Determination, and let the Homeowners, as a group, decide what they wish to do in that area. He stated he was not going to say, "No", because he believed those most directly impacted in that particular area could make a far better decision than he could. Therefore, he stated he would be in favor of a motion that would allow the community to decide what it wishes to do, noting he would support the actions taken by that group. Mayor Boro referred to the earlier comment that this was really a "grass- roots" action, noting he agreed. He stated this issue had come before County Supervior Kress and himself one night, they spoke with the Homeowners Association Presidents several years ago and described the City's situation, and they have done a lot of work to bring the issue to this point. He stated the law provides for this to happen, the City is SRCC MINUTES (Regular) 2/2/98 Page 19 SRCC MINUTES (Regular) 2/2/98 being asked to implement it, and he believed it was the right thing to do to give the people the opportunity to vote on it. He also noted that if anyone was interested in the City's budget process, not only were they welcome to come to the budget hearings, he pointed out there was also a Budget Oversight Committee, comprised of seven individuals who meet monthly with the City's Administrative Services Director to review issues of a financial nature which are coming before the City. He reported those meetings were opened to the public, and stated those interested were welcome to attend the meetings and hear what goes on in those sessions. He stated the Council was very concerned about the City's budget process, and in making sure the public has an opportunity to participate. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution initiating the proceedings for the formation of the Point San Pedro Road Landscaping District, and the levy and collection of assessments, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code. a. RESOLUTION NO. 10015 - RESOLUTION INITIATING PROCEEDINGS FOR THE FORMATION OF POINT SAN PEDRO ROAD LANDSCAPING DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS 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 describing proposed improvements and services, and approval of the preliminary Engineer's Report regarding the proposed formation of the Point San Pedro Road Landscaping District, and establishment of assessments for Point San Pedro Road Landscaping District. b. RESOLUTION NO. 10016 - RESOLUTION DESCRIBING PROPOSED IMPROVEMENTS AND SERVICES AND APPROVAL OF THE PRELIMINARY ENGINEER'S REPORT REGARDING THE PROPOSED FORMATION OF POINT SAN PEDRO ROAD LANDSCAPING DISTRICT AND ESTABLISHMENT OF ASSESSMENTS FOR POINT SAN PEDRO ROAD LANDSCAPING DISTRICT. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Miller moved and Councilmember Cohen seconded, to adopt the Resolution declaring the City's intention to form the Point San Pedro Road Landscaping District, and to levy and collect assessments for Point San Pedro Road Landscaping District, and call for an assessment ballot proceeding to submit to the qualified property owners within such District for the question of establishing an assessment range formula for such District, and levying assessments for such District. C. RESOLUTION NO. 10017 - RESOLUTION DECLARING THE CITY'S INTENTION TO FORM POINT SAN PEDRO ROAD LANDSCAPING DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS FOR POINT SAN PEDRO ROAD LANDSCAPING DISTRICT, AND CALL FOR AN ASSESSMENT BALLOT PROCEEDING TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS WITHIN SUCH DISTRICT THE QUESTION OF ESTABLISHING AN ASSESSMENT RANGE FORMULA FOR SUCH DISTRICT AND LEVYING ASSESSMENTS FOR SUCH DISTRICT. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro declared a brief recess. Mayor Boro reconvened the City Council meeting. 13. REPORT ON COMMUNITY POLICING (PD) - File 9-3-30 This item was removed from the Agenda at the request of staff. SRCC MINUTES (Regular) 2/2/98 Page 20 SRCC MINUTES (Regular) 2/2/98 NEW BUSINESS: 14. ADOPTION OF PROPOSED RESOLUTION FORMING THE MARIN EMERGENCY RADIO AUTHORITY (MERA) (CM) - File 4-13-102 x 4-2 City Manager Gould stated this was a big step in joining the new Joint Powers Authority for the purpose of issuing the Request For Proposal to purchase a Countywide Emergency Radio System. He pointed out Councilmember Heller had provided leadership at the MCCMC level, and beyond, with the elected officials. Mayor Boro asked Mr. Gould to clarify what had happened in Mill Valley? Mr. Gould reported a series of meetings have been held to allow elected officials to receive briefings and ask questions about this process, and where we are going. He noted the most recent one was held two weeks ago, and at that meeting two members of the Mill Valley City Council attended, Kathryn Barnes and John Leonard. He reported they asked three or four questions, did not like the answers they received, and they have since suggested an alternate route to achieving the overall goal. He noted they stress, as does their City Manager, that Mill Valley solidly supports the Countywide Emergency Radio System acquisition, and they fully expect to be part of it; however, they did not believe this was the time to form the Joint Powers Authority, rather they believed the cities should all sign a Letter of Intent, and then send the RFP to the various vendors, asking them to spend several hundred thousand dollars estimating and designing Marin County's needs in order to propose, on the basis of a Letter of Intent. He noted they are concerned that forming this Authority will bind them to buying something down the road; however, Mr. Gould stated that was not the case, noting any Agency that joins the Joint Powers Authority would have the decision as to how many radios to buy, and whether or not to buy into the backbone; in addition, they could withdraw from the JPA at any time if they chose, so there would be absolutely no risk in doing this. Mr. Gould stated another reason we should form the Joint Powers Authority now is so we will look as attractive as possible to the various vendors, noting if there is a governmental agency involved, and we have twenty or so agencies that have joined it, then it looks like a very serious effort, and the vendors may feel it is worth their time and money to propose. Mr. Gould reported another conern of the City of Mill Valley was that they did not want to form the Joint Powers Authority until they knew precisely what the cost to purchase the system would be, and what it would cost to operate and maintain it once it was purchased and installed. Mr. Gould stated that would not be known until we had proposals, and we have negotiated with the successful vendor; therefore, that likely would not be known until sometime in late Summer or early Fall. Mr. Gould stated he recommended forming the Joint Powers Authority now, getting the group in place to begin making decisions, and working toward that. Mr. Gould stated they also did not like the composition of the Executive Committee of the Joint Powers Authority, noting they believe it should be divided geographically in the County, rather than the way it has been suggested. Mr. Gould acknowledged that was a fine position to take, but he wished they had taken it a bit sooner, and he felt it was something the Joint Powers Authority could choose to amend once it is formed, if its members agree that it makes sense. Mr. Gould stated he felt that by the end of the week we would see a half dozen or more larger agencies joining this Authority and, hopefully, Mill Valley would come along. Mayor Boro stated he was concerned because Mill Valley's City Council was a very responsible Council, and were very responsible in what they do. He noted he was surprised this had not happened sooner, and asked if they had waited until the end to participate? Mr. Gould thought they had been participating and attending the meetings all along. Councilmember Heller agreed that they had, but noted the City of Mill Valley had a real problem with the amount of money, and they wanted to know the exact amount, to the penny, before entering into an agreement, and she pointed out they could not be provided with a firm number right up front. In addition, Ms. Heller stated they also wanted all of the technology issues made very clear to them first, and that information cannot be provided without the Engineers and their reports, which they do not have yet. She stated they want more specific information than is obligated, or can be provided to them at this time. SRCC MINUTES (Regular) 2/2/98 Page 21 SRCC MINUTES (Regular) 2/2/98 Councilmember Heller stated she was very pleased with the make up of the Committees and the overseeing body, the Executive Committee. She believed San Rafael was very well protected. Mayor Boro referred to the staff report, which states that if all else fails, we could go our own way. He noted it seemed that for our own sake, we should have some timeline. He acknowledged a lot of what the City went through with our radio system had been politically motivated, but it is a fact that our radio system has problems, and our Police Officers have been more than tolerant in working with us, and have been great in cooperating with Councilmember Heller and City Manager Gould in this joint effort. However, he felt this was taking on a life of its own, and believed we had to either make this happen, or take some other kind of action. He asked when Mr. Gould saw us reaching that decision point, and assuming the best happens and this goes forward, how long would it be? Mr. Gould stated he believed the scenario that would unfold would be that the great majority of the twenty agencies will join the Joint Powers Authority by the end of February, the Request For Proposal will be issued by mid-March, and the vendors will be given approximately three months to make their proposals, which would then be received by mid -Summer. After a period of a couple of months to evaluate the proposals and negotiate with the successful vendor, then sometime in early Fall we would be in a position to let a contract, noting it has been agreed from the start that the first area that will receive the benefit of construction will be San Rafael. Mr. Gould stated that was as speedy a course as he could imagine, at this time, to acquiring a radio system. He stated if we were to decide today that we were not interested in the Countywide effort, we would have to make our own application to the FCC for frequencies, and we would, essentially, have to start over with the testing. He did not believe a lone agency would stand much of a chance in getting the frequencies we would need at this time, noting it is the fact of an entire county working together that has made this attractive to the FCC, and has put us in a position where we are highly confident we will get the frequencies we need. Mayor Boro asked if we would be applying for the frequencies during the same time frame as the signing and the RFP is going on? Mr. Gould stated we have already applied for the frequencies, and are awaiting notification, which should be any day now. Mayor Boro asked if one total number had been requested for the County? Mr. Gould stated that was correct, noting they expected twenty frequencies. Mayor Boro asked if San Rafael was then entitled to a portion of that for our own use? Mr. Gould stated he had put the County on notice that if this joint effort "craters" at that point, he was going to ask that the County assign to San Rafael "x" number of frequencies, so we could then go out on our own, and the rest of the County could then join us in their own good time. He stated he believed that would be the only way San Rafeal would get the frequencies we need. Councilmember Heller noted the Committee's timeline details the "what, when, where" questions, and she believed the only time San Rafael needed to become nervous was if, somehow, the vendors do not respond to the RFP, which would mean the entire scenario was in a great deal of trouble, and we would have to start scrambling. Councilmember Phillips noted we were talking about $20 million, pointing out some cities were in a better position than others to fund their respective share, and some of the cities might not be in such a good position to step forward. He asked where it would leave us, in the chain of events Mr. Gould has outlined, if people start dropping out, cannot do it, want to wait, and all the other possibilities that might occur? Mr. Gould stated all of the agencies had been given a conservative estimate of what it was going to cost to purchase and install the system, noting the $20 million figure was actually pretty high, and it was believed it would actually come in considerably lower than that; therefore, most people know what the entrance fee is going in. He acknowledged there were some little districts, including some Fire Districts, that might have trouble making their payments, and the County was deciding whether or not it wants to back those smaller districts because of the overall benefit of having them included. He noted if there are a lot of desertions, or if they are wrong and the cost of this comes out much higher, then everyone's proportional share would rise if other agencies began dropping out, and at that point we would have to decide if it still made sense for us. Mr. Gould stated the Big Four agencies involved were the County, San Rafael, Novato, and the Novato Fire District. He stated if those four agencies were put together, it would be worth approximately 70% of this project, and as all four are heavily commited to the project, he felt there was a very high likelihood that it would go forward. Councilmember Phillips noted San Rafael was looking at a little over $3 SRCC MINUTES (Regular) 2/2/98 Page 22 SRCC MINUTES (Regular) 2/2/98 million, and asked if we were prepared to come forward with $3 million? Mr. Gould stated we were not. He stated we currently have budgeted and allocated $1.2 million, which is sitting in an account, waiting to purchase a Police radio system, although it does not designate the Fire Department or Public Works Department. Using a highly conservative estimate on the total system expense, Mr. Gould stated it was believed San Rafael's cost for Police, Fire, and Public Works would be in the range of $3.2 million. Mr. Gould noted the City had well over the 25% downpayment most vendors would be looking for, and at the outside, the City would have to make annual payments of $178,141, if we assume the $20 million total cost is correct. Mr. Gould stated he believed it was so important for Police, Fire, and Public Works agencies to all be on this Countywide system, he would think this would be a real priority for the City. He noted some of these costs the City would have to incur anyway, because our present radio system is wearing out, the Police radio system in particular. Mr. Gould noted that, while it is not stated very often in this debate, the number one, most important action Marin County governments can take to improve emergency preparedness is to buy this system and get on it as soon as possible. He stated that was going to save more lives and property than anything else we do. Councilmember Phillips asked what the life expectancy was on the equipment? Mr. Gould stated it would depend on the equipment, pointing out there is also the backbone system, which is the mountain top equipment and repeaters. He stated some of that equipment could have a life span of twenty years, on down to the small hand-helds, which may last five to ten years, the mobile units in the cars might last ten years, and the consoles at the dispatch center would likely last ten or fifteen years. Mr. Phillips stated he was amazed by the calculations, considering the various lives of the different pieces of equipment. Mr. Gould stated that was something that would be worked out in the lease financing, because the different components have different life spans. Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution authorizing San Rafael to join the Marin Emergency Radio Authority, and appointing the City Manager to serve as its representative on the Board of Directors. RESOLUTION NO. 10018 - RESOLUTION AUTHORIZING ENTERING INTO A JOINT POWERS AGREEMENT CREATING THE MARIN EMERGENCY RADIO AUTHORITY. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None MONTHLY REPORT: 15. DEPARTMENT REPORT - CITY ATTORNEY'S OFFICE (CA) - File 9-3-16 City Attorney Ragghianti stated he was presenting a project specific report which showed the range of activities his office engages in and the demands that are made upon his office for legal services. He noted that in the twelve or thirteen years he has had the privilege of serving as City Attorney for the City of San Rafael, he has not had a group such as he now has. He stated Assistant City Attorney Gus Guinan and Deputy City Attorney Eric Davis were to be commended, noting it is a pleasure to work with them, particularly Mr. Guinan, who is there every day, and has constant demands made upon him, receiving interruptions almost continually, from all departments. Mr. Ragghianti felt it was particularly fitting to observe, from time to time, that the chief goal they strive for is time to think, stating that over the years, rarely has the City been this busy, rarely has it engaged in as many sophisticated projects at one time as it is now engaged in, and rarely has it had as sophisticated leadership and Councilmembers as it has now. He stated he knew of no other city in the County he would rather represent, and of no other city where it is, at once, more difficult from time to time; and yet, he had not yet embarassed the City, and he was very proud of that. He stated he was also very proud of Mr. Guinan and Mr. Davis, and he commended them. Mayor Boro asked about the preparation of an upcoming report, detailing outstanding torts. Mr. Ragghianti stated the report should be complete in approximately sixty to ninety days. Councilmember Heller asked what a "Pitches Motion" is? Mr. Ragghianti stated that was a motion brought usually by a criminal defense attorney seeking to get into a Police Officer's personnel file. He stated it was the sole and exclusive method by which the Evidence Code permits that, SRCC MINUTES (Regular) 2/2/98 Page 23 SRCC MINUTES (Regular) 2/2/98 noting it is heard by a judge "in camera", he or she examines the contents of the file and determines whether or not the application is sufficient to permit the information to be given to the defense attorney. Referring to the Administrative Hearings, Ms. Heller noted we had been holding a lot of those hearings, and stated she hoped at budget time the City would be able to look at the collection side of that, and see if we are able to half -way begin to pay for any of it, or whether we are going to have to put that into a subsidy again for next year. Mr. Ragghianti noted he would discuss that with Mr. Davis. Regarding the City Attorney's Office goals, Ms. Heller stated she applauded the drafting of a comprehensive Newsrack Ordinance, noting she would like to see that in 1998, as well as a Second Unit Ordinance. Mr. Ragghianti stated it was helpful to his office if the Councilmembers could inform them of the issues they would like to see brought before Council, and when they want to see them presented. Councilmember Cohen moved and Councilmember Phillips seconded, to accept the report as presented. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16. CITY COUNCIL REPORTS None. There being no further business, the meeting was adjourned at 11:50 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1998 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 2/2/98 Page 24