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HomeMy WebLinkAboutCC Minutes 2005-11-07 SRCC Minutes (Regular) 11/7/2005 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 7, 2005 AT 8:00 P.M. Regular Meeting: Present: Barbara Heller, Vice-Mayor San Rafael City Council Paul M. Cohen, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: Albert J. Boro, Mayor Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION – COUNCIL CHAMBER None CLOSED SESSION – CONFERENCE ROOM 201 None ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:05 PM San Rafael Yacht Harbor: - File 9-1 x 12-20 a) Matt Butler, San Rafael Yacht Harbor Harbormaster, stated that on applying for a Tidelands Permit recently to replace pilings, he was informed that permits could no longer be issued over the counter, rather it would be necessary to have a meeting of the Tidelands Committee to review the application. He recalled having been informed by Scott Schneider, Senior Civil Engineer, of an incident in the past year where a new dock had been installed and configured differently, resulting in a conflict. Mr. Butler agreed that doing something new which changed the existing design perhaps warranted review by the Tidelands Committee; however, for routine maintenance or minor repairs, he believed Scott Schneider should sign off on the application for a permit. City Manager Rod Gould stated that the ordinance would need to be amended, as currently, it did not afford the City the discretion to give someone a permit over the counter for replacement of rotting timbers; however, he believed Mr. Butler’s logic bore merit. Mr. Gould indicated he had requested staff to meet and decide on whether or not amendments should be proposed to the City Council for consideration. He noted there were some dock issues generally relating to new dock placements and changes to existing docks that went beyond what Mr. Butler was proposing. Expansion of Mount Tamalpais Cemetery - File 9-1 x 10-2 b) : Gayle Mills, Co-Chair, Sun Valley Neighborhood Association, stated she was present to alert the City Council to the status of the Mount Tamalpais Cemetery proposal for expansion and to request that the City of San Rafael study it and take a position. Ms. Mills reported that the cemetery’s expansion plan excluded the neighborhood. The public had historically used the private road system in the cemetery to access adjacent open spaces and in their plan, the cemetery owners proposed to prohibit historic public access. She noted there always had been an open-door policy at the cemetery which made them good and valuable neighbors; however, she was concerned that a change in this policy would substantially alter the character and functioning of her neighborhood and would be a dramatic change in the present relationship of the cemetery with the neighborhood. With regard to traffic, Ms. Mills stated that the new office building would be seven times the size of the present one, i.e., a two-story, 6,400 square-foot structure, which sounded like seven times the traffic and she was concerned about this impact. On the question of noise, Ms. Mills stated she was concerned about the traffic noise generated over the 50 year construction cycle of this plan. She indicated that off and on for the next 50 years, the neighborhood would be putting up with the construction of 26 mausoleums, as well as other assorted buildings and road repair, and the fact that it was spread over time was both a blessing and a curse. Ms. Mills indicated she was concerned that for over twenty years, biohazardous waste had been carted out of her neighborhood by unmarked vans cruising down Fifth Avenue by the Sun Valley Elementary School. Now with the County morgue wanting to center its operations at the end of Fifth Avenue, this waste disposal would increase. Ms. Mills stated that she had problems with housing the County morgue in a residential area at the end of Fifth Avenue and down the street from an elementary school with 400 plus children. Indicating that it was an inappropriate placement, she believed the County morgue should be in the main corridor of the County, not in a residential area, not in a cemetery that was the final resting place of many historic Marin SRCC Minutes (Regular) 11/7/2005 Page 1 SRCC Minutes (Regular) 11/7/2005 Page 2 families. Ms. Mills stated that the morgue was a public service, its placement was not something to be determined in a private company’s permitting process, rather it should be determined in open public consideration. City Manager Rod Gould stated that as communicated to the City Council a week ago, staff determined that the County’s notice on this project was defective in that it did not clearly call out the use of the office expansion. When Community Development Director Bob Brown brought this to the attention of his counterparts at the County, they immediately agreed to reissue the notice, postpone the public hearing and provide more information about the true nature of the project. Mr. Gould stated that staff would take a very close look at it and had offered to meet with Ms. Mills and members of the Sun Valley Neighborhood to share information, try to assess the various impacts and determine what, if anything, the City should do about it. He indicated that staff would also coordinate with the County, which currently, has the authority to process the application, and he anticipated providing Council with a fair amount of additional information concerning this project in the coming weeks. Use of Rubber Sidewalks: 9-1 x 11-7 c) Sandra Sellinger, President, Marin ReLeaf, indicated that she sent an electronic notice to the City Council on the day after the last City Council meeting and noted her reason for being present this evening was because of a Thursday deadline. She explained that the California Integrated Waste Management Board had offered a grant of $100,000 to communities to install rubber sidewalks, and she shared samples of the different types of surfaces with the City Council. Ms. Sellinger requested that the City try installation on one block for an extended period of time, not just six months or a year, to ascertain how tree roots reacted. She suggested also that some staff members should inspect a rubber sidewalk installation in San Francisco. Ms. Sellinger indicated this was in response to the uplifting of sidewalks due to tree roots and was suggested by the California Department of Forestry as one possible solution to the problem, the others being “bridging” and “bumping.” Noting these sidewalks would reduce injury claims, Ms. Sellinger stated they also would reduce sound. The trees being 19 years old, she anticipated the possibility of 80 plus trees being removed, and she would like to see that replacement trees had a greater or equal amount of sequestering of CO2. She noted that over the years leaves had become heavier and were interfering with the visibility of businesses down that low and she would like to see them raised. Public Works Director Andrew Preston stated that this was a relatively new product and was displayed at the American Public Works Association Conference last week. He indicated that his major concern about the project related to durability. He noted the data sheet indicated it could last as long as twelve years whereas concrete sidewalks lasted between 60 – 80 years. He indicated he had heard they might also last for as little as seven years. He noted the cost @ approximately $15 per square-foot compared to concrete @ $4.50 per square-foot, was approximately 300% - 400% higher than the standard sidewalk cost. He indicated they came in 2’ x 2’ slabs which were doweled together leaving gaps in between to allow the water to soak through the sidewalk into the ground below. While this had great advantages for the tree roots, affording them air and water, he commented that unfortunately, it also allowed weeds to grow prolifically which therefore, would become a maintenance problem. Mr. Preston concluded that at present he was reluctant to try this new product pending further testing by other jurisdictions. Councilmember Cohen indicated that he liked the use of recycled materials and found the concept interesting. He inquired whether grant funding was guaranteed and should this be so, suggested that it could be worth carrying out a test somewhere in the City if most of the cost could be funded. Mr. Preston stated staff did consider this earlier in the week and were attempting to locate an appropriate location with lots of damage by tree roots, basically Fifth Avenue west of E Street; however, because of time constraints and limited staff resources to complete the applications, as well as the amount of jurisdictions applying for the grant for a trial period, a decision was made not to pursue the grant at this time. He confirmed for Vice-Mayor Heller that the material was a sole source manufactured only by this one company and he believed the grant was available to try to get different jurisdictions interested in the product. He noted, however, that even with the refund on the grant, the cost of installing this material was still in excess of the cost of installing normal standard sidewalks, which were guaranteed to last up to 80 years, depending on tree root pruning. Mr. Preston indicated that he favored another jurisdiction doing the testing. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Cohen seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting of Minutes approved as submitted. Monday, October 17, 2005 (CC) SRCC Minutes (Regular) 11/7/2005 Page 2 SRCC Minutes (Regular) 11/7/2005 Page 3 4. Resolution to Amend the Rental Agreement RESOLUTION NO. 11847 - RESOLUTION TO AMEND THE Between the City of San Rafael and Goodman RENTAL AGREEMENT BETWEEN Marketing for the Use of the Falkirk Cultural THE CITY OF SAN RAFAEL AND Center for Administrative Office Space (CS) – GOODMAN MARKETING FOR THE File 4-10-345 x 2-1-49 x 9-3-65 x 9-3-84 USE OF THE FALKIRK CULTURAL CENTER FOR ADMINISTRATIVE OFFICE SPACE 5. Resolution To Quit Claim 4 Ft. Wide Sanitary RESOLUTION NO. 11848 – RESOLUTION TO QUIT CLAIM 4 Sewer Easement To CalTrans on FOOT WIDE SANITARY SEWER APN. 13-051-05 on Francisco Blvd. West (PW) – EASEMENT TO CALTRANS ON APN File 2-12-1 x 2-12 x 171 x 9-3-40 13-051-05 ON FRANCISCO BOULEVARD WEST 6. Resolution Accepting the Scope of Services and RESOLUTION NO. 11849 – RESOLUTION ACCEPTING THE Authorizing the Public Works Director to Enter SCOPE OF SERVICES AND Into an Agreement with Kimley-Horn and AUTHORIZING THE PUBLIC WORKS Associates, Inc. for Professional Engineering DIRECTOR TO ENTER INTO AN Services in an Amount not to Exceed $72,000 to AGREEMENT WITH KIMLEY-HORN Design and Study the Effectiveness of Traffic AND ASSOCIATES, INC. FOR Calming and Safe Routes to Schools for Bahia PROFESSIONAL ENGINEERING Vista and Vallecito Elementary Schools (PW) – SERVICES IN AN AMOUNT NOT TO File 4-10-350 x 11-1x 9-3-40 EXCEED $72,000 TO DESIGN AND STUDY THE EFFECTIVENESS OF TRAFFIC CALMING, AND SAFE ROUTES TO SCHOOLS FOR BAHIA VISTA AND VALLECITO ELEMENTARY SCHOOLS 7. Resolution Authorizing the Director of Public RESOLUTION NO. 11850– RESOLUTION AUTHORIZING THE Works to Enter into an Agreement for DIRECTOR OF PUBLIC WORKS TO Professional Services with Kimley-Horn and ENTER INTO AN AGREEMENT WITH Associates, Inc. to Design Signal Improvements KIMLEY-HORN AND ASSOCIATES, for the Intersections of Fifth and Irwin and Fifth INC. TO DESIGN SIGNAL and Lincoln, in an Amount not to Exceed $16,445 IMPROVEMENTS FOR THE (PW) – File 4-10-351 x 11-10 x 4-17-191 (NC) INTERSECTIONS OF FIFTH AVENUE AND LINCOLN AVENUE, AND FIFTH AVENUE AND IRWIN STREET AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Vice- Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro Councilmember Miller, recusing himself from items 2 and 3 on the Consent Calendar, due to potential conflict of interest, stepped down from the dais. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the following Resolutions: 2. Resolution Requesting the Transfer of $100,000 RESOLUTION NO. 11851 – RESOLUTION REQUESTING THE Grant Funds for the Roberti- Z’Berg-Harris Grant TRANSFER OF $100,000 GRANT Program Under the Safe Neighborhood Parks, FUNDS FOR THE ROBERTI- Z’BERG- Clean Water, Clean Air and Coastal Protection HARRIS GRANT PROGRAM UNDER Bond Act of 2002 to the County of Marin, for THE SAFE NEIGHBORHOOD PARKS, Construction of McInnis Park Skatepark (CS) – CLEAN WATER, CLEAN AIR AND File 202 x 9-3-65 x 4-13-107 COASTAL PROTECTION BOND ACT OF 2002 TO THE COUNTY OF MARIN FOR CONSTRUCTION COSTS OF THE MCINNIS PARK SKATEPARK 3. Resolution Requesting the Transfer of $100,197 RESOLUTION NO. 11852 – RESOLUTION REQUESTING THE Grant Funds for the Per Capita Grant Program TRANSFER OF $100,197 GRANT Under the Safe Neighborhood Parks, Clean FUNDS FROM THE PER CAPITA Water, Clean Air and Coastal Protection Bond GRANT PROGRAM UNDER THE Act of 2002 to the County of Marin, for SRCC Minutes (Regular) 11/7/2005 Page 3 SRCC Minutes (Regular) 11/7/2005 Page 4 Construction of McInnis Park Skatepark (CS) – SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND File 202 x 9-3-65 x 4-13-107 COASTAL PROTECTION BOND ACT OF 2002 TO THE COUNTY OF MARIN FOR CONSTRUCTION COSTS OF THE MCINNIS PARK SKATEPARK AYES: COUNCILMEMBERS: Cohen, Phillips and Vice- Mayor Heller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro DISQUALIFIED: COUNCILMEMBERS: Miller (due to potential conflict of interest) SPECIAL PRESENTATION: 8. POLICE AUTOMATED EXTERNAL DEFIBRILLATOR (AED) DEMONSTRATION (PD) – FILE 9-3-30 Police Chief John Rohrbacher thanked the City Council for the opportunity to update them on the Automated External Defibrillator (AED) program. To provide some financial background, he reported that in fiscal year 2003-2004 donations in excess of $18,000 were collected towards the purchase of AED devices, and in fiscal year 2004-2005 they collected almost $10,000 with which they were able to purchase seven devices ready to go. Police Chief Rohrbacher reported that staff presented a service request to the City Council in June, 2005, and just under $35,000 was approved to purchase a further eleven devices. These have now been delivered, packages have been assembled and Sergeant Jonathan Bean would explain and demonstrate the device. Police Sergeant Jonathan Bean explained that he was responsible for the First Aid and CPR instruction for the Police Department and now the Defibrillator instruction. He indicated that this new device would help treat sudden cardiac arrest which was the number one killer of all Americans. Noting San Rafael had one of the finest Fire Departments in the state, Sergeant Bean stated although there were excellent Paramedics and EMTs (Emergency Medical Technicians) in the Fire Department, they could not be everywhere on the drop of a dime. He explained that someone suffering from sudden cardiac arrest needed immediate treatment or deficit to the brain would begin to occur within four to six minutes. Immediate bystander CPR was necessary (more people needed to be trained in CPR in the community), together with defibrillation. Sergeant Bean stated that the American Heart Association recommended a chain of survival which included recognizing the emergency and calling 911 to get help on the scene. The next link was early CPR, i.e., having people trained, capable and ready and willing to do CPR to someone suddenly dropping from sudden cardiac arrest. The third link was early defibrillation with the fourth being early advanced care from Paramedics who could provide specialized treatment, medication and transport to the Emergency Department. Sergeant Bean reported that approximately 335,000 Americans die before they can get to the Emergency Department or they die on the street, at home or at work, and efforts were being made to cut that number down. With this device he indicated that the San Rafael Police Department could offer that third link in the chain of survival that normally could not be provided. They anticipated getting there within three to five minutes because those minutes counted. Indicating that all San Rafael Police Officers are trained in healthcare provider CPR he introduced Fire Dispatcher TimPasisz, who was instrumental in getting the program off the ground, and who is now a Regional Training Center faculty member for the American Heart Association and coordinates the program for the Fire Department. He is responsible for public access defibrillation in the City of San Rafael and takes part in pretty much all of the public access defibrillation in the County of Marin. Sergeant Bean indicated that Fire Dispatcher Pasisz had single-handedly trained all of the Police Department instructors and had appointed him (Sergeant Bean) as a Training Center faculty member. He noted that Tim Pasisz’s wife, Endora, Police Dispatcher, is also a Training Center faculty member, which is the equivalent of an instructor/trainer. Sergeant Bean reported that his wife, Mary Kay, is a volunteer with the American Heart Association. She is also an instructor and assists with the classes he offers to the public and has helped with many classes for City employees and others at the City. Sergeant Bean stated he was convinced that this program would save the lives of some citizens of San Rafael. Sergeant Bean displayed the backpack in which the defibrillator is carried and explained its contents. He noted that they ensured these devices were identical to those carried on every fire engine and in every paramedic unit in San Rafael. SRCC Minutes (Regular) 11/7/2005 Page 4 SRCC Minutes (Regular) 11/7/2005 Page 5 Endora Pasisz and Police Officer Dennis Prince gave a demonstration on how to use the unit in an emergency situation while awaiting the arrival of the paramedic unit. Sergeant Bean stated that if the Police Department could provide good, effective CPR followed by rapid defibrillation within three to five minutes of a patient going into cardiac arrest, there could be an approximate 48% - 74% rescue and survival rate, while with CPR alone this was approximately 2% - 5%. He indicated that with every passing minute without defibrillation and CPR the patient had a 7% - 10% less chance of survival; therefore, implementing this program with the Police Department increased the chance of survival for victims of sudden cardiac arrest in San Rafael, for which he expressed thanks to the City Council. Vice-Mayor Heller inquired whether this device had been used on any member of the public to date. Responding in the affirmative, Sergeant Bean explained that It was not a shockable rhythm; however, he and the officer responding with him were able to have the patient returned to spontaneous breathing before the arrival of the Fire Department. The patient subsequently arrived alive at the Emergency Department. Sergeant Bean noted that Dr. John David, Chief of Emergency Medicine at Kaiser, donates his services as Medical Director. He reported that it is a requirement of state law to have a medical director who analyzes every incident in which the device is used and Dr David had indicated that the device operated perfectly as designed and responded appropriately. Vice-Mayor Heller thanked Sergeant Bean. Sergeant Bean commented that he chose Officer Dennis Prince to perform the demonstration this evening not only because he performs so well at his job and in the testing and skills with the AED and CPR programs, but unfortunately, some months ago his own four year-old daughter was in a near drowning situation and went into cardiac arrest and Officer Prince rescued her with CPR, saving her life. PUBLIC HEARING: 9. CONSIDERATION OF MUNICIPAL CODE TEXT AND ZONING MAP AMENDMENTS – AMENDMENTS TO VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE (CD) – FILE 10-3 x 10-1 x 10-2 Vice-Mayor Heller declared the public hearing opened and continued to City Council meeting of November 21, 2005. CITY MANAGER’S REPORT: 10. Transactions and Use Tax – Measure S – File 9-4 C ity Manager Rod Gould stated that in approximately 24 hours election results would show whether of not San Rafael voters had chosen a modest tax increase over the prospect of deep reductions in essential City services. He thanked the City Council for their leadership on this matter over the past year together with his colleagues on staff, and he looked forward to a victory party on Tuesday evening. Mr. Gould stated that he and the department directors would meet on Wednesday morning to assess the outcome of the election. Should the Measure fail, staff would begin to immediately develop decision packages to bring to the City Council in December for decision-making in early January to slow spending and reduce services and staffing. If, on the other hand, the Measure succeeded, staff would begin to develop decision packages for the City Council to strengthen and stabilize San Rafael’s finances and its services. COUNCILMEMBERS REPORTS: 11. a) Marin Telecommunications Agency (MTA): - File 4-13-101 Councilmember Miller reported that negotiations between the MTA and COMCAST were going in an extremely positive direction, especially in terms of the financial contribution of COMCAST to the strengthening of pay, as well as the strengthening of the I-Net, probably the most important item on the agenda. He indicated that the I-Net really puts together government so that government can work for the people. Other major items included the very positive Favored Nation area which still had to be worked out. Councilmember Miller stated that the next MTA meeting with COMCAST would take place in the latter part of November and as soon as the agreement wording was available, the MTA would hold public hearings, with anticipated finalization in January 2006. He indicated that this still afforded them time, as Congress would not have passed anything by then and the Agency would have locked into an agreement with COMCAST. Councilmember Miller SRCC Minutes (Regular) 11/7/2005 Page 5 SRCC Minutes (Regular) 11/7/2005 Page 6 stated that being in this very fine position was due to negotiators Tom Robinson, who had negotiated more with COMCAST than with any one individual in the U.S.A., and Greg Stepanicich, attorney, who found all kinds of ways to advance the process and contributed so much. Councilmember Miller reported that when it was discovered only 200 people had been using the low-income program, through Mr. Stepanicich’s efforts, Pickleweed Community Center and Manzanita Center, Sausalito, would now receive ongoing forever free access to the Internet, and negotiations would also include ensuring that COMCAST would provide computers, etc. Councilmember Heller inquired whether the COMCAST contract needed to be voted on by the 9 cities and the County of Marin for finalization. Councilmember Miller stated that the authority was through the JPA. Councilmember Cohen thanked Councilmember Miller for his efforts in obtaining such a good result. Pickleweed Expansion - File 267 b) : Noting approximately $6 million had been raised thus far for the Pickleweed Center Expansion, Councilmember Miller announced that the launching of the community portion of the fundraising campaign would take place at the Parade of Lights on Friday, November 25, 2005. He noted this was being done in conjunction with the financial community with receptacles, brochures, posters, etc. available in banks. Councilmember Miller indicated that this would include a mass mailing, and noting 60% of funds are raised through the Internet, he complimented Dave Donery, Pickleweed Supervisor, on doing an extraordinary job of purchasing and implementing the domain www.friendsofsanrafael.org 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 __________, 2005 ___________________________________ MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 11/7/2005 Page 6