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HomeMy WebLinkAboutCC Resolution 12321 (Grand Jury Response; Health & Wellness Center)RESOLUTION NO. 12321 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2006-2007 MARIN COUNTY GRAND JURY REPORT ENTITLED "THE HEALTH & WELLNESS CENTER: A DISTURBING LIST OF UNANSWERED QUESTIONS." WHEREAS, pursuant to Penal Code section 933, a public agency which receives a Grand Jury Report addressing aspects of the public agency's operations, must comment on the Report's findings and recommendations contained in the Report in writing within ninety (90) days to the Presiding Judge of the Superior Court with a copy to the Foreperson of the Grand Jury; and WHEREAS, Penal Code section 933 specifically requires that the "governing body" of the public agency provide said response and, in order to lawfully comply, the governing body must consider and adopt the response at a noticed public meeting pursuant to the Brown Act; and WHEREAS, the City Council of the City of San Rafael has received and reviewed the 2006-2007 Marin County Grand Jury Report, dated April 19, 2007, entitled "The Health & Wellness Center: A Disturbing List of Unanswered Questions." and is now prepared to authorize a response to said report. hereby: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael 1. Approves and authorizes the Mayor to execute, the City of San Rafael's response to the 2006- 2007 Marin County Grand Jury Report entitled "The Health & Wellness Center: A Disturbing List of Unanswered Questions", copy attached hereto. 2. Directs the City Clerk to forward the City's Grand Jury Report response to the Presiding Judge of the Marin County Superior Court and to the Foreperson of the Marin County Grand Jury. I, Jeanne M. Leoncini, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the San Rafael City Council held on the 16"' day of July, 2007, by the following vote to wit: AYES: Councilmembers Cohen, Heller, Miller, Phillips and Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None A. W'ANNE M. LEONC , City Clerk RESPONSE TO GRAND JURY REPORT FORM Report Title: The Health and Wellness Center: "A Disturbing List of Unanswered Questions" Report Date: April 19, 2007 Response By: City of San Rafael Title: Mayor and City Council FINDINGS: • We agree with the finding numbered We disagree wholly or partially with the findings numbered Fl, F2, F 3, F4, F5,F6,F7 and F8. (See attached statement specifying the portions of the findings that are disputed, including an explanation of the reasons therefor.) RECOMMENDATIONS: • Recommendations numbered have been implemented. (Attach a summary describing the implemented actions.) • Recommendations numbered have not yet been implemented, but will be implemented in the future. (Attach a timeframe for the implementation.) Recommendations numbered require further analysis. (Attach an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.) • Recommendations numbered R1, R2, R3 and R4 will not be implemented because they are not warranted or are not reasonable. (Attach an explanation.) DATED: �� 7 U 7 Signed:� ALBERT J,,�B(ORO, Mayor ATTEST:^ . tA�NNE . LEON INI, City Clerk Number of naees attached: 1 ZOPY Attachment to Response for Report: The Health and Wellness Center: "A Disturbing List of Unanswered Questions" dated April 19, 2007 Response By: City of San Rafael, Mayor and City Council The City of San Rafael does not provide non -emergency health care services to its citizens. The provision of non -emergency health care services to all of the citizens of Marin County is the sole province of the County of Marin's Department of Health and Human Services. It is this Department that is the moving force behind the development of the "Wellness Center" in the Canal District of San Rafael. While the City is supportive of any action that improves the delivery of health care services to its citizens, the City's lack of knowledge and jurisdiction over the management, operation, funding and delivery of countywide health care services prevents the City from being able to meaningfully respond to the grand Jury's findings and recommendations. Additionally, the City is pre-empted by state law from exercising any land development controls over the County's development of the site of the "Wellness Center". The City's expressed concern regarding traffic congestion at the site resulted in a cooperative agreement between the City and the County in which the County has promised to voluntarily conform its operation to certain conditions designed to reduce the traffic effects of the project. This Agreement includes cooperative actions regarding parking and traffic management and ongoing traffic information sharing between the City and County. It should be noted that the Canal District is centrally located within the developed eastern portion of the County and is well served by public transit, major arterials and the 101 and 580 freeways. Because the County is exempt from the City's land use regulations, the City of San Rafael was not involved with the County's process of informing the public regarding the development plan for the "Wellness Center". However, City staff did participate in a meeting with the Pickleweed Park Advisory Board and another with the Canal Youth and Families Advisory Board. At both meetings, the County outlined the project and discussed its components. Upon City staff's recommendation, the County project team did meet with some local homeowners groups. Finally, it is not the City's understanding that the Marin Community Clinic has "pulled out" of the Wellness Center project; rather, it is to be located in a building close by the Wellness Center on Kerner Blvd. The Wellness Campus as proposed, would be one integrated unit contained in several closely situated buildings, including the building (3110 Kerner) where the Marin Community Clinic will be located. This model of an integrated medical campus with buildings spread over several City blocks is not unusual. Examples include the medical offices located near Marin General Hospital as well as both the UCSF Complex and the California Pacific Medical Center in San Francisco. Because the City has no authority or control over this County project, because the City has no land use regulatory authority over County facilities within its jurisdiction and because the City has knowledge or jurisdiction over the management, operation, funding and delivery of countywide health care services, the City is not in a position to evaluate or comment on the Grand Jury's recommendations regarding actions the County should take in regard to the "Wellness Center".