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HomeMy WebLinkAboutCC Minutes 2004-09-07SRCC Minutes (Regular) 09/07/2004 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 7, 2004 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 5:00 PM: Mayor Boro announced Closed Session items: CLOSED SESSION — CONFERENCE ROOM 201 — 5:00 PM: Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary O. Phillips, Councilmember Absent: Cyr N. Miller, Vice -Mayor a) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern Dist. of CA, Case No. C003785 b) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: City of San Rafael v. Las Gallinas Valley Sanitary District Marin County Superior Court Case No. 040300 c) Conference with Legal Counsel -Anticipated Litigation-G.C. Section 54956.9(b) Significant Exposure to Litigation — One Case. Existing Facts and Circumstances Creating Significant Exposure to Litigation per Government Code Section 54956.9(b)(3)(C): 1) Letter from Attorney for CYO, dated 3-24-04 2) Letter from Attorney for CYO, dated 5-25-04 3) Letter from Attorney for CYO, dated 6-28-04 Copies available for review in City Clerk's Office, City Hall, Room 209 City Attorney Gary Ragghianti announced that no reportable action was taken on items 1.a), 1.b) and 1.c). d) Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager (Continued from meeting of 7/19/04) Mayor Boro announced at 10:00 p.m. that no reportable action was taken on item 1.d). ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:22 PM Ross Street, San Rafael: - File 11-1 x 9-3-40 Jay Ginwala, 29 Ross Street, San Rafael, requested that the issue of locating speed humps on Ross Street be explored in conjunction with the forthcoming repaving project. Together with the narrowness and speeding on the street, he noted it also is used as a shortcut, creating a real safety issue. Mayor Boro invited Mr. Ginwala to contact Public Works Director Andrew Preston in this regard. CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Heller seconded, to approve the Consent Calendar, as follows: ITEM 2. Approval of Minutes of Regular Meeting of Monday, August 2, 2004 (CC) 3. Designation of Voting Delegate and Voting Alternate for 2004 League of California Cities Annual Conference from Friday, September 17 through Sunday, September 19 in Long Beach (CC) — File 9-11-1 x 9-1 RECOMMENDED ACTION Minutes approved as submitted. ADDroved staff recommendation: Approved Councilmember Heller as voting delegate, and City Manager Rod Gould as voting alternate, for the League of California Cities Annual Conference Business Meeting on September 17, 2004. SRCC Minutes (Regular) 09/07/2004 Page 1 4. Resolution Amending Agreement for Professional Planning Services with Lisa Newman of Newman Planning Associates (CD) — File 4-3-418 x 4-17-65 5. Summary of Legislation Affecting San Rafael (CM) — File 116 x 9-1 6. Resolution Endorsing State Proposition 1A— Protection of Local Government Revenues (CM) —File 9-1 x 116 7. Resolution Endorsing Measure A: Marin County Traffic Relief and Better Transportation Act of 2004 (CM) — File 9-1 x 170 8. Resolution Establishing Americans with Disabilities Act (ADA) Access Advisory Committee and Directing Staff to Commence Application Process (CM) —File 9-2-56 x 13-1-1 9. Resolution Approving Agreement with Sally Swanson Architects, Inc., for Americans with Disabilities (ADA) Access Compliance Services (CM) —File 4-3-431 x 13-1-1 10. Resolution Ratifying Acceptance of a Grant of $250,000 from the Marin Community Foundation for the Expansion of Pickleweed Community Center and Authorizing the Mayor and City Manager to Execute the Grant Agreement (CS) — File 267 x 226 x 8-5 x 9-3-65 11. Acceptance of Report on Second Quarter Results for the Fire Department's 2 x 4 Schedule (FD) — File 9-3-31 SRCC Minutes (Regular) 09/07/2004 Page 2 RESOLUTION NO. 11617 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN AGREEMENT FOR PROFESSIONAL PLANNING SERVICES WITH LISA NEWMAN, NEEDED TO ASSIST IN THE PROCESSING OF PLANNING APPLICATIONS (Term of amendment to Agreement: extending agreement to August 18, 2005 for a total budget amount not exceeding $75,000) Accepted Report. RESOLUTION NO. 11618 — RESOLUTION IN SUPPORT OF PROPOSITION 1 A — PROTECTION OF LOCAL GOVERNMENT REVENUES RESOLUTION NO. 11619 — RESOLUTION SUPPORTING MEASURE A — TRANSPORTATION AUTHORITY OF MARIN TRAFFIC RELIEF AND BETTER TRANSPORTATION ACT RESOLUTION NO. 11620 — 1) RESOLUTION ESTABLISHING AN ADA ACCESS ADVISORY COMMITTEE 2) ADOPTED MOTION TO APPOINT A SUBCOMMITTEE OF THE CITY COUNCIL TO RECEIVE APPLICATIONS AND MAKE ADA ACCESS ADVISORY COMMITTEE APPOINTMENTS RECOMMENDATIONS TO THE CITY COUNCIL RESOLUTION NO. 11621 — RESOLUTION APPROVING AN AGREEMENT WITH SALLY SWANSON ARCHITECTS, INC. FOR AMERICANS WITH DISABILITIES (ADA) ACCESS COMPLIANCE SERVICES (Commencing 09/07/04 and terminating on 06/30/06; upon approval of City Manager, agreement may be extended for additional period of one year) RESOLUTION NO. 11622 — RESOLUTION RATIFYING ACCEPTANCE OF A GRANT OF $250,000 FROM THE MARIN COMMUNITY FOUNDATION FOR THE EXPANSION OF PICKLEWEED COMMUNITY CENTER AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE GRANT AGREEMENT Accepted report and approved the continued implementation of the 2 x 4 schedule. SRCC Minutes (Regular) 09/07/2004 Page 2 SRCC Minutes (Regular) 09/07/2004 Page 3 12. Resolution of Appreciation to Peggy Manuel, RESOLUTION NO. 11623 — Library Administrative Assistant, Employee of the RESOLUTION OF APPRECIATION TO Quarter Ending June, 2004 (Lib.) — PEGGY MANUEL, LIBRARY File 102 x 9-3-61 x 7-4 ADMINISTRATIVE ASSISTANT, EMPLOYEE OF THE QUARTER ENDING JUNE, 2004 13. Monthly Investment Report for Month Ending Accepted Monthly Investment Report June 2004 (MS) — File 8-18 x 8-9 for month ending June 2004, as presented. 14. Resolution Converting an Underground Utility RESOLUTION NO. 11624 — District on Francisco Boulevard West, Between RESOLUTION CONVERTING AN Rice Drive and Andersen Drive, from a Rule 20B UNDERGROUND UTILITY DISTRICT to a Rule 20A Funded Project (PW) — ON FRANCISCO BOULEVARD WEST File 12-18-14 x 12-18 BETWEEN RICE DRIVE AND ANDERSEN DRIVE FROM A RULE 20B TO A RULE 20A FUNDED PROJECT 15. Resolution Authorizing the Establishment of the RESOLUTION NO. 11625 — San Rafael Critical Facilities Strategy Committee RESOLUTION AUTHORIZING THE (PW) — File 9-2-57 x 268 x 12-1 x 12-2 x 12-3 ESTABLISHMENT OF THE SAN RAFAEL CRITICAL FACILITIES STRATEGY COMMITTEE 16. Resolution Approving the Final Map of a RESOLUTION NO. 11626 — Subdivision Entitled "Amended Map of 4300 RESOLUTION APPROVING FINAL Redwood Highway Business Center" (PW) — MAP ENTITLED "AMENDED MAP OF File 5-1-349 4300 REDWOOD HIGHWAY BUSINESS CENTER" (APNs 155-110-05 and 06) 17. Resolution Approving Replacement of RESOLUTION NO. 11627 — Subdivision Agreement for Map of Subdivision RESOLUTION APPROVING A Entitled "Parcel Map Lands of Rainoldi" (PW) — SUBDIVISION AGREEMENT FOR THE File 5-1-351 PARCEL MAP ENTITLED "PARCEL MAP — LANDS OF RAINOLDI" (APN 15-041-37) 18. Resolution Authorizing the Purchase of Four (4) RESOLUTION NO. 11628 — Ford Police Vehicles from Folsom Lake Ford RESOLUTION AWARDING Sales, in the amount of $79,008.30 (PW) — PURCHASE ORDER FOR FOUR File 9-3-30 x 9-3-40 FORD POLICE CARS TO FOLSOM LAKE FORD SALES IN THE AMOUNT OF $79,008.30 19. Resolution Approving a Termination and Release RESOLUTION NO. 11629 — of the Rental Below Market Rate Housing RESOLUTION APPROVING A Agreement— McInnis Housing Partners (McInnis TERMINATION AND RELEASE OF Park Apartments (APN 155-370-23) (RA) — THE RENTAL BELOW MARKET RATE File 229 x 5-1-290 HOUSING AGREEMENT — MCINNIS HOUSING PARTNERS (MCINNIS PARK APN 155-370-23) 20. Resolution Approving a Termination and Release RESOLUTION NO. 11630 — of the Rental Below Market Rate Housing RESOLUTION APPROVING A Agreement — MHP II (McInnis Park Apartments TERMINATION AND RELEASE OF APN 155-251-54) (RA) — File 229 x 5-1-290 THE RENTAL BELOW MARKET RATE HOUSING AGREEMENT — MHP II (MCINNIS PARK APARTMENTS APN 155-251-54) 21. Resolution Authorizing Temporary Closure of RESOLUTION NO. 11631 — Downtown City Streets to Accommodate Blues, RESOLUTION AUTHORIZING THE Brews & BBQ Event on Saturday, October 16, TEMPORARY CLOSURE OF A CITY 2004 from 8:00 a.m. until 7:00 p.m. (Fourth STREET FOR THE 2ND ANNUAL Street from Lootens Street to "A" Street) (RA) — BLUES, BREWS & BBQ ON File 11-19 SATURDAY, OCTOBER 16, 2004 SRCC Minutes (Regular) 09/07/2004 Page 3 SRCC Minutes (Regular) 09/07/2004 Page 4 FROM 8:00 AM TO 7:00 PM AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller ABSTAINING: COUNCILMEMBERS: Cohen (from item #1 only, due to absence from meeting of 8/2/04) SPECIAL PRESENTATION: 22. PRESENTATION OF RESOLUTION OF APPRECIATION TO PEGGY MANUEL, LIBRARY ADMINISTRATIVE ASSISTANT, EMPLOYEE OF THE QUARTER ENDING JUNE, 2004 (LIB.) — FILE 102 x 9-3-61 x 7-4 For the benefit of the audience, Mayor Boro explained that each quarter City employees select an Employee of the Quarter, and this quarter Library Administrative Assistant Peggy Manuel was selected. She had received a one hundred dollar bill earlier and would be a candidate for the Employee of the Year at the State of the City dinner in April 2005. Mayor Boro stated the Resolution of Appreciation addressed the fact that Peggy had been with the library for almost sixteen years, is the "Budget Watchdog" of the library, an innovator and someone people look to in the library for help. He noted that Peggy is deeply respected, not only by her colleagues in the library, but throughout the City. On behalf of the City Council, Mayor Boro presented the Resolution of Appreciation to Peggy Manual, thanking and congratulating her for her great work on behalf of the City. Expressing appreciation, Ms. Manuel stated she very much enjoys working for the City. She explained she worked for the City in the Tiny Tot program for approximately a year and a half some thirty-five years ago, and was very glad to have returned. She stated she was fortunate to work with very creative, innovative and hard-working staff members. COUNCIL CONSIDERATION: OLD BUSINESS: 23. REPORT ON JOINT DISPATCHING STUDY (FD) — FILE 9-3-31 Fire Chief Bruce Martin noted Police Chief Rohrbacher was on vacation and Captain Jeff Franzini was present in his absence. Fire Chief Martin reported that in November 2003, Council directed staff to lead a group studying the consolidation of police and fire dispatching. He indicated that a stakeholder group convened, framed the study issues and sent out a draft report for comment. Research and analysis took place, exploring operational, technological, fiscal, and short and long-term aspects of the proposal. Fire Chief Martin reported that internal options of police and fire dispatch consolidation were evaluated in several forms and locations and in the process, the study was expanded to include outsourcing and external locations. He noted that along the way, the hoped for 911 fee option was eliminated for a variety of reasons. Fire Chief Martin reported the consensus of the study participants was that there was a capable staff, an efficient work schedule and the best use of investment in technology and infrastructure could be made by occupying the new fire dispatch center in the immediate term and by participating in a long-term regional fire dispatch solution. Indicating that San Rafael Fire Department's public safety dispatch system was operating at 99% plus performance, a very staggering positive statistic, Fire Chief Martin reported that nevertheless, some vulnerabilities were identified and steps were being taken to address these. He stated the biggest issue was the lack of depth of fire personnel during peak demand times, explaining the most efficient means of handling this was to obtain a call -taker position for those hours, roughly 9:00 a.m. to 5:00 p.m., Monday through Friday. Fire Chief Martin stated the capability to do this was available and funding could be identified to make it work. He reported that one local fire department had expressed interest in contracting with the City for service, which could provide those necessary funds. Fire Chief Martin stated that the Computer Aided Dispatch technology permits the achievement of a virtual consolidation between the Police and Fire Dispatch Centers and retention of other technology, notably the San Rafael Fire Self -Dispatch System, which is highly valued by Fire Department responders. Reporting that in the study, staff also recommends the use of the front portion of the building as SRCC Minutes (Regular) 09/07/2004 Page 4 SRCC Minutes (Regular) 09/07/2004 Page 5 an Emergency Operating Center, Fire Chief Martin stated that fire personnel could maintain it as part of their administrative duties. Fire Chief Martin reported that fire departments work with neighboring fire departments on a daily basis and the study revealed that it made sense to pursue a regional fire dispatch solution. He indicated that the County Chiefs were supportive of this philosophy and there would be a planning opportunity over the next five years in which San Rafael could play a major role, with the goal of a consolidated dispatch and County emergency operating center facility somewhere on the Civic Center campus. Chief Martin added that Police Chief Rohrbacher indicated he would study this also from a law enforcement perspective. Fire Chief Martin stated that in his eight-month tenure he could honestly inform the City Council that the level of service provided by San Rafael police and fire dispatchers was the best he had seen and they would strive to keep it so. Regarding funding generated by the PSAPs (Public Safety Answering Point), Councilmember Heller inquired as to how this money is collected. Fire Chief Martin explained that this particular piece of funding for the project comes from the State Department of General Services, is funded by 911 on telephone bills and goes into a giant fund administered by the State based on the number of public safety answering points (PSAPs) each municipality has. Qualified reimbursable expenses are submitted to the state and the funds are received back. He indicated that this can be pre -identified, as it is a very solid funding source and is not subject to any current State troubles. Regarding the level of funding, Fire Chief Martin confirmed for Councilmember Heller that it is based on a variety of factors, including population, number of dispatch positions, etc. He noted that San Rafael sized cities do best in the formula used. Regarding the front portion of the Cuthbert space and use by the Parking Services Manager, Councilmember Heller requested an update. Fire Chief Martin indicated that this was not yet finalized; however, another location had been identified which was acceptable to Code Enforcement. City Manager Rod Gould stated the thought was that Parking Services would locate to the current Print Shop modular buildings in the parking lot. Councilmember Phillips requested Fire Chief Martin to further expand on paragraph 3, Page 3 of the staff report — A review of performance and lack of relief leading to burn -out. Fire Chief Martin explained that presently one dispatcher is on duty twenty-four hours a day in the Fire Dispatch Center. Staff's concern was that while those people perform admirably, the potential always existed for any one person to be overwhelmed by an inordinate number of calls, which was predictable in this line of work. He stated staff believed a higher level of confidence that these situations would not occur could be achieved by staffing that call -taker position during peak demand times. He confirmed for Councilmember Phillips that this was a favorable change. Councilmember Cohen thanked Fire Chief Martin for a very thorough report. Referring to page 3, paragraph 6 of the staff report, dealing with the long term view, a regional fire dispatch solution and the County plan to have a public safety dispatch center, etc., Councilmember Cohen requested further explanation as to whether the County was exploring consolidating Sheriff and Fire Dispatch. Fire Chief Martin stated they were discussing co -locating the two disciplines. He confirmed they were not at the point of consolidating. Mayor Boro stated it was his understanding that currently, the Marin County Sheriff does fire dispatching for some communities, together with providing dispatching for the Sheriff's Department, and they were exploring building a new communication center which would have expanded capabilities that San Rafael could perhaps participate in. Concurring, Fire Chief Martin added that the other piece was the Marin County Fire Department, currently located in Woodacre. Fire Chief Martin stated the concept was that at that point, there would be sufficient mass to co -locate Law Enforcement and Fire Dispatch Centers, separated by half a wall or glass wall, affording the benefits of co -location while retaining the discipline specific functionality. Councilmember Heller inquired whether there would be cross -training to deal with the potential system overload with this future concept. Explaining, Fire Chief Martin stated the concept a lot of dispatch centers are moving to, including Marin County Sheriff's Dispatch Center, is that police and fire dispatchers are two fairly specialized functions. Some people can do both and are trained and compensated at a higher level because of being in a position to provide relief duties in either function, and they typically become supervisors. SRCC Minutes (Regular) 09/07/2004 Page 5 SRCC Minutes (Regular) 09/07/2004 Page 6 Regarding Corte Madera, Councilmember Heller inquired whether they would potentially come to San Rafael, pulling out of the County. Fire Chief Martin stated they were interested. Responding to Councilmember Heller's question on the timeline for MERA, Fire Chief Martin stated that at the last planning meeting for fire, it was anticipated the Fire Department would move over to MERA in January/February, 2005. Confirming it would be transitioned, he explained that it would start at the north end of the County, moving south. It made sense to do this in chunks based on the paramedic service areas. Fire Chief Martin stated the current plan starts with Novato, to be followed by San Rafael, Central Marin, Southern Marin and West Marin. Regarding the space on B Street, Mayor Boro inquired as to when it would be occupied. Fire Chief Martin anticipated this would take place in 60 days. He confirmed that the new consoles would operate the existing radios and the process would be very straightforward at the time of switching over. Mayor Boro thanked Fire Chief Bruce Martin for the study and for working with Police Chief Rohrbacher and former Police Chief Cronin, who were in agreement. He stated the recommendation was to accept the study and its recommendations, move into the new space and look to the long term regarding a consolidated center at the County at some time in the future. Councilmember Cohen moved and Councilmember Heller seconded, to accept the study and its recommendations. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller COUNCILMEMBER REPORTS: 24. AB 2702 (Steinberg) Housing: Second Units: - File 116 x 9-1 Noting AB 2702 had been sent to the Governor for signature, Councilmember Cohen confirmed with City Manager Gould that a letter had been sent to the Governor expressing opposition to this legislation. Mr. Gould indicated that the Federation of San Rafael Neighborhoods and Coalition of San Rafael Residents had been alerted to the fact that this bill had been resurrected and was on the Governor's desk, with the suggestion that their members also write letters. There being no further business, Mayor Boro announced that Council would proceed to a Study Session on General Plan 2020, to be followed by continued City Council Regular Meeting Closed Session, iteml.d). Mayor Boro adjourned the City Council meeting at 10:00 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12004 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 09/07/2004 Page 6