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HomeMy WebLinkAboutCC Minutes 2004-07-06SRCC Minutes (Regular) 07/06/2004 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JULY 6, 2004 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, Assistant City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM: Mayor Boro announced Closed Session items: CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: Present: Albert J. Boro, Mayor Cyr N. Miller, Vice -Mayor Barbara Heller, Councilmember Gary O. Phillips, Councilmember Absent: Paul M. Cohen, Councilmember 1. a) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: Katherine Foehr v. City of San Rafael, et al. Marin Countv Superior Court Case No. CV025702 b) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: Seafood Peddler of San Rafael, Inc. v. City of San Rafael Marin Countv Superior Court Case No. CV035155 City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:23 PM Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as follows: ITEM 2. Approval of Minutes of Special and Regular Meetings of Monday, June 21, 2004 (CC) 3. Resolution Accepting Proposal from LexisNexis (formerly Book Publishing Company) for Supplement Service to the Municipal Code for Three Years (7/1/04 — 6/30/2007) (CC) — RIP 1-5-1 4. Summary of Legislation Affecting San Rafael (CM) — File 116 x 9-1 5. Resolution Authorizing Approval to Expand the Child Care Program and Services to the Sun Valley Elementary School Campus (CS) — File 4-10-188a x 9-3-65 7. Resolution Authorizing the Execution of a Renewal Agreement Between the City of San Rafael and Maximus, Inc. for Processing Claims for Mandated Cost Reimbursement (MS) — File 4-10-270 RECOMMENDED ACTION Minutes approved as submitted. Item removed from agenda at the request of staff. Accepted report. RESOLUTION NO. 11586 — RESOLUTION TO APPROVE EXPANDING CHILD CARE SERVICES TO SUN VALLEY ELEMENTARY SCHOOL AND APPROVE AMENDING THE 2004-2005 CHILD CARE DIVISION BUDGET $150,000 IN EXPENDITURES AND $168,000 IN REVENUE RESOLUTION NO. 11587 — RESOLUTION AUTHORIZING THE EXECUTION OF A RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MAXIMUS, INC. FOR PROCESSING CLAIMS FOR MANDATED COST REIMBURSEMENT (JULY 1, 2004 THROUGH JUNE 30, 2005) SRCC Minutes (Regular) 07/06/2004 Page 1 SRCC Minutes (Regular) 07/06/2004 Page 2 8. Resolution Setting the Special Assessment Tax RESOLUTION NO. 11588 — Rate for Year 2004-2005 on All Taxable Property RESOLUTION SETTING THE Within the Community Facilities District No. SPECIAL ASSESSMENT DISTRICT 1992-1 (Loch Lomond #10) (MS) — TAX FOR LOCH LOMOND #10 FOR File 6-50 x 9-12-1 FISCAL YEAR 2004-05 9. Baypoint Lagoons Landscaping and Lighting a) RESOLUTION NO. 11589 — District: (PW) — File 6-48 RESOLUTION DIRECTING a) Resolution Directing Filing of Engineer's FILING OF ENGINEER'S Annual Report ANNUAL REPORT, BAYPOINT b) Engineer's Annual Report 2004-2005: This is LAGOONS LANDSCAPING to be filed AND LIGHTING DISTRICT c) Resolution Approving Engineer's Annual (Pursuant to the Landscaping Report and Lighting Act of 1972) d) Resolution of Intention to Order AMOUNT NOT TO EXCEED $80,000 Improvements (and setting Public Hearing for b) Engineer's Annual Report meeting of 7/19/04) 2004-2005 to be filed c) RESOLUTION NO. 11590 — RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT, BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) d) RESOLUTION NO. 11591 — RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS, BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) and setting Public Hearing for meeting of 7/19/04 10. Resolution Adopting the Disadvantaged Business RESOLUTION NO. 11592 — Enterprise Annual Overall Goal for 2003/04 (PW) RESOLUTION ADOPTING THE — File 232 DISADVANTAGED BUSINESS ENTERPRISE ANNUAL OVERALL GOAL FOR 2003/2004 11. Resolution Authorizing the Director of Public RESOLUTION NO. 11593 — Works to Purchase 48" Diameter PVC Storm RESOLUTION WAIVING BIDDING Drain Pipe for the Sun Valley School Storm REQUIREMENTS AND AUTHORIZING Drainage Improvement Project in an Amount not THE DIRECTOR OF PUBLIC WORKS to Exceed $80,000 (PW) — File 12-9 x 9-3-40 TO PURCHASE 48" DIAMETER PVC STORM DRAIN PIPE FOR THE SUN VALLEY SCHOOL DRAINAGE IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $80,000 AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following item was removed from the Consent Calendar, at the request of Councilmember Heller: 6. RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE NOVATO FIRE PROTECTION DISTRICT FOR THE PURCHASE, OPERATION AND MAINTENANCE OF A REMOTE AUTOMATIC WEATHER STATION (FD) - FILE 4-10-344 x 9-3-31 Councilmember Heller requested further information on how this works, whether it is shared with the remainder of the County and if so, if any money is returned to the City. Responding negatively to the latter question, Fire Chief Bruce Martin explained that Novato and San Rafael would share the expense equally. He reported that the information when collected SRCC Minutes (Regular) 07/06/2004 Page 2 SRCC Minutes (Regular) 07/06/2004 Page 3 by the weather station is put on the Internet and is accessible to anyone around the world. Likewise, he indicated there are other RAWS (Remote Automatic Weather Station) within the County owned by other fire departments whose data San Rafael may use to obtain a picture of the region. In response to Councilmember Heller's inquiry, Fire Chief Martin stated that with annual maintenance it has a life span in the couple of decades range. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 11594 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE NOVATO FIRE PROTECTION DISTRICT FOR THE PURCHASE, OPERATION AND MAINTENANCE OF A REMOTE AUTOMATIC WEATHER STATION (RAWS) AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen File 12-9 x 9-3-40 Regarding Agenda Item #11, while not opposed, Mayor Boro inquired as to why the City was participating financially. Public Works Director Andrew Preston explained that this is a part of the City's owned and maintained storm drain system. Responding to Mayor Boro's question as to whether it was deficient because of improvements to the school, Mr. Preston stated it is deficient and under size because of the improvements made by the School District. As to why the City and not the School District was paying for this, Mr. Preston explained that initially the City had an agreement to share in the cost of the initial replacement of the original corrugated metal pipeline through the School District on a 50/50 basis. He stated the improved pipeline would now be owned and maintained by the School District itself, and they would participate on a 50/50 basis for the new storm drain pipeline that would be part of the City maintained system. He confirmed for Mayor Boro that this would accommodate the potential growth and should alleviate possible flooding forever in that area. Councilmember Heller inquired whether the Camgros' developer should be obliged to pay for part of this storm drain system when doing their development. Confirming it was not for their benefit, Mr. Preston stated they would not have to participate in the cost of this new storm drain. COUNCIL CONSIDERATION: OLD BUSINESS: 12. RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE AS PART OF THE DEPARTMENT'S PROJECT CIVIC ACCESS (AMERICANS WITH DISABILITIES ACT COMPLIANCE) AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE SUCH AGREEMENT (CM) — FILE 13-1-1 Assistant City Manager Ken Nordhoff reported this was a proposed Settlement Agreement with the United States Department of Justice regarding the ADA (Americans with Disabilities Act). Mr. Nordhoff explained that last fall a letter was received from the Department of Justice identifying San Rafael as one of a number of cities throughout the country involved in this Project Civic Assess. He stated they requested a number of documents and information on actions taken since adopting the ADA and Transition Plan. Mr. Nordhoff stated the Plan was provided, together with a lot of information concerning investments in sidewalks, curb cuts, facility improvements, 911 system improvements for the hearing impaired, etc. Mr. Nordhoff reported they were particularly interested in touring facilities, specifically those with public access, and were not interested in buildings such as fire stations which are largely employee based. He indicated they spent four days in February touring all parks, parking lots and parking structures, City Hall, library, and a number of other buildings. They broke buildings into three clusters: 1) Newly Constructed; 2) Altered buildings; and 3) Existing facilities where no real modifications had been made since the ADA took effect in 1992. SRCC Minutes (Regular) 07/06/2004 Page 3 SRCC Minutes (Regular) 07/06/2004 Page 4 Subsequently, a proposed Settlement Agreement was provided, which Mr. Nordhoff indicated had been worked through for the last couple of months with a lot of assistance from Eric Davis, Deputy City Attorney, and the City Attorney's Office, together with Scott Schneider, Senior Civil Engineer, and other Public Works' employees. Summarizing some of the key elements to the proposed Settlement Agreement, Mr. Nordhoff stated that while there had been a lot of compliance, some deficiencies remained, and the biggest cost items were capital related. He indicated that Attachments "G", "H" and "I" were the result of the site visit, subsequent to communication and negotiation, of specific actions needed to be taken in City facilities to remedy non-compliant issues. Included were listings of timetables running anywhere from one to five years. Some of the items were nominal, i.e., fixing the ramp and handrails at Falkirk, although tedious, was not a huge capital cost. Conversely, Mr. Nordhoff noted there were some restroom requirements at Sun Valley and Santa Margarita Parks where current permanent facilities would be permitted for two years; however, they would have to come to resolution at the end of five years re accessibility. Regarding compliance, Mr. Nordhoff stated this was interesting because it could take a couple of forms. He explained it could be that as long as the same program was offered to everyone there was compliance with the law; therefore, one option was to close the restrooms, and while this might not be acceptable to the City Council or the community, it was an option. A further option was to go to the other extreme and remove restrooms already in place in the parks, replacing them with new accessible restrooms, at a significant capital cost. Mr. Nordhoff stated the capital investments to be made on Attachments G, H and I were estimated to be approximately $500,000. More significantly, Mr. Nordhoff reported they were interested in knowing what streets had been altered since 1992, and specifically, where curb ramps had been located at intersections where overlay projects had been carried out. Mr. Nordhoff explained that the City had not traditionally coupled curb ramps with overlay projects in the belief that the overlay project was not an alteration, rather more of a maintenance issue. He indicated the City would have a ten and a half year period to make curb ramp installations in all the areas where this has not been done to date. Public Works had estimated this to be approximately 800 ramps throughout the community, going back twelve years, and this would cost in the region of $2 million. Mr. Nordhoff stated that some of the ramps would be fairly straightforward. Some areas would require drainage improvements at the ramp location; therefore, in addition to a ramp, there would be further cost to work the drainage issues in order to make the ramps compliant and not disrupt the drainage system. Mr. Nordhoff stated the final figures in terms of curb cuts would not be known until later. Mr. Nordhoff reported there were other provisions in the Agreement dealing with noticing, training requirements, improvements to the website to facilitate the disabled, etc. A number of reporting requirements would be necessary annually and while he would be heading up the process, Mr. Nordhoff indicated that a number of people would contribute to reporting on how the requirements of the Settlement Agreement were being met. Estimating the cost to be in the $2 million to $2.5 million range over a ten-year period, Mr. Nordhoff stated this does not commit any money at a specific timeframe, other than the times that define when certain improvements have to be made. He indicated the biggest cost would be the curb cuts and while there was not a specific annual requirement for this, he indicated staff did not wish to have it stack up to the back end of the Agreement and become a significant financial burden. Indicating that staff continues to negotiate some final issues, Mr. Nordhoff referred Council to Attachment "I", page 7 and proposed some amendments that he and Eric Davis discovered with the assistance of Public Works' staff today. Regarding the Falkirk Mansion — item 7. b., Mr. Nordhoff reported that these had been completed and staff proposed that the five items listed be deleted, together with item 8.b.ii. which had also been resolved and should not be part of the final Agreement. With these changes, staff recommended the Resolution be adopted and Mr. Nordhoff indicated they would be proceeding to work with the City Attorney's office to finalize the Agreement. Mr. Nordhoff confirmed the changes for Councilmember Phillips: Attachment "I" — Page 7 — 7.b. — Items i. through v. — Toilet room single -user, unisex Attachment "I" — Page 8 - 8.b. — Item ii — Boyd House Ramp These items had been resolved and were being removed from the Agreement. Regarding new facilities and buildings where further work was required, Councilmember Heller indicated she had believed these newer buildings had been built to ADA specifications. SRCC Minutes (Regular) 07/06/2004 Page 4 SRCC Minutes (Regular) 07/06/2004 Page 5 Referring to Attachment "G", Mr. Nordhoff stated that all new facilities should be fully compliant, and working through the process he indicated staff was unsure where it broke down. Whether in design, construction or inspection, he stated that somewhere along the way a few of these items were not checked. Indicating there would be more diligence going forward, Mr. Nordhoff stated part of this would be training of staff and looking at the processes used to ensure what is designed and the language used in agreements not only meets Federal law but also State law as sometimes, the laws do not reconcile and what federal findings may show may not necessarily concur with state. Councilmember Heller stated that perhaps at some point a letter should be sent to State or City architects who handle Public Works projects apprising them of the fact that they should look at both standards, to avoid having to redo such projects. Mr. Nordhoff indicated he believed they were aware of this, noting some of the detail was pretty fine. He stated staff intended to be more diligent with contractors in the future. Councilmember Miller inquired as to how much money was being paid out because of conflicts between Federal and State law. Excluding the curb cuts issue, and including non-compliant restrooms, signage, etc., Mr. Nordhoff believed the figure to be from $5,000 to $10,000 between the state and federal issues. Councilmember Miller stated he was curious as to why San Rafael was selected or whether it was selective enforcement. Mr. Nordhoff stated he liked to believe it was selective enforcement, explaining they confirmed it was not complaint driven, and he was led to believe the City fitted a profile they could manage and work through in these types of projects. San Rafael is in an urban area that probably serves a number of people with a variety of disabilities, and Mr. Nordhoff believed they would not pick a small remote town in California not serving too many people. He indicated they tried this program on the City of Detroit, Michigan, and found it too overwhelming, as they were not sufficiently staffed or structured. Indicating they had a specific profile, Mr. Nordhoff believed San Rafael fit that profile. He noted the Cities of Seaside and San Luis Obispo in California were going through this process and Carson City, Nevada, with 58,000 citizens, had entered into a Settlement Agreement. Councilmember Miller suggested it was selective so they could get the Agreements in time for the celebration of the ADA. Mr. Nordhoff concurred, indicating they had selected a number of cities they wished to have Agreements in place with by July 26, 2004, the anniversary date for the ADA. While agreeing with the improvements, however, noting the tremendous costs, Councilmember Miller inquired whether they had offered any technical assistance or consultation on how cities could pay. Mr. Nordhoff confirmed that no technical or financial assistance had been offered. Responding to Councilmember Miller's inquiry as to whether any part of the Department of Justice did that, Mr. Nordhoff stated he was not aware of any; however, with Council direction he would inquire. Councilmember Miller stated Mr. Nordhoff should make such an inquiry. Regarding the inadequacy of handicapped parking spaces in parking lots, Mayor Boro inquired whether there was a formula or required percentage. Mr. Nordhoff stated the formula was generally 1 in 50. He explained the first space had to be van accessible, requiring height and width, typically a parking space with a striped area to permit exiting to the side. Each 50 spaces required an additional handicapped parking space, albeit not van accessible. Mr. Nordhoff stated that the garage beginning construction with just short of 400 spaces would have 8 handicapped parking spaces, including one van accessible space. He stated that the parking structure on A Street also requires this; however, presents a much greater challenge in that it is not possible to get a van accessible space in because of the height. He indicated that alternatives are being explored to potentially place this in the new structure or somewhere adjacent to it to meet the requirements, while not necessarily incurring a significant financial cost. Mayor Boro noted that the new garage had 16 spaces. Mr. Nordhoff was unsure whether this could be accomplished and indicated staff was working this through with the engineering staff. In the event it were not possible, staff would evaluate other alternatives to meet the requirements of the A Street structure. Should it be possible to locate them in the C Street structure and position appropriate signage in A Street directing people to the C Street structure, this would be done. Consolidating them into one parking lot was staff's first alternative; however, Mr. Nordhoff was unsure whether this could be achieved. Mayor Boro inquired about designating parking meter space for ADA. Mr. Nordhoff reported that staff met with the CIP (Capital Improvement Project) Committee this afternoon and discussed the possibility of on -street spaces. He indicated that state and federal regulations addressed this, together with safety and path of travel, etc., and at this point, the City was not obligated to provide on -street parking, rather strictly off-street lots or structures. Regarding parking meters, Councilmember Heller stated it was her understanding that any space was to be available for ADA requirements with the display of a sticker. Mr. Nordhoff SRCC Minutes (Regular) 07/06/2004 Page 5 SRCC Minutes (Regular) 07/06/2004 Page 6 concurred, explaining this applied only to facilities, i.e., lots and structures owned or used by the City, and not on -street parking. Mayor Boro stated that independent of this audit questions had been posed as to the practicality and feasibility of on -street ADA designated parking. Mr. Nordhoff stated staff would work with the Traffic Coordinating Committee to re-evaluate this issue. He noted that in the past this had been deemed a safety issue for people exiting a vehicle. Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 11595— RESOLUTION APPROVING A SETTLEMENT AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE AS PART OF THE DEPARTMENT'S PROJECT CIVIC ACCESS, AND AUTHORIZING THE MAYOR TO EXECUTE SUCH AGREEMENT(as amended) AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen Mayor Boro expressed thanks to Mr. Nordhoff for the hard work and negotiations. Assistant City Manager Ken Nordhoff passed the thanks along to Eric Davis, Deputy City Attorney, who had spent an inordinate amount of time on this process, and Scott Schneider, Senior Civil Engineer, Public Works, in the field, together with other Public Works' employees. City Attorney Gary Ragghianti also commended and thanked Eric Davis and Ken Nordhoff for the time and effort expended on this project. Mayor Boro concurred. COUNCILMEMBER REPORTS: 13. State Budget: - File 8-5 x 9-1 Noting no new developments from Sacramento on the State Budget, Assistant City Manager Ken Nordhoff stated that as indicated by the Friday Memo and the Media, there is disagreement concerning whether local government revenues would really be protected. Councilmember Heller reported having faxed a letter to the Governor. She indicated there was no means of imparting this information by telephone other than the "Hot Issues" line and believed it did not fall into that category. Mayor Boro reported having spoken with someone on the "Hot Issues" line on Friday. Councilmember Miller stated he had a similar experience to Councilmember Heller; however, he did contact Assemblymember Joe Nation. Mr. Nordhoff stated he would have Lydia Romero, Public Information Officer, investigate There being no further business, Mayor Boro adjourned the City Council meeting at 8:50 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12004 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 07/06/2004 Page 6