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HomeMy WebLinkAboutCC Minutes 2007-04-02SRCC Minutes (Regular) 04/02/2007 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, APRIL 2, 2007 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, 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. Present: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM — File 1-4-1a 1. a) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financinq, et al. v. Citv of San Rafael, et al. U.S. District Court, Northern Dist. of CA, Case # C003785 b) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financinq, et al. v. Citv of San Rafael, et al. (MHC II) U.S. District Court, Northern Dist. of CA, Case # C043325 c) Public Employment — Government Code Section 54957(b)(1) Title: Assistant to the City Manager City Attorney Gary Ragghianti announced that no reportable action was taken on 1.a) or 1.1b). Mayor Boro announced at 10:30 p.m. that no reportable action was taken on 1.c). ORAL COMMUNICATIONS OF AN URGENCY NATURE: a) State Assemblv Leqislation: - File 9-1 Assemblyman Mark Leno reported on legislation he is authoring this year in the State Assembly. He indicated he would be pleased and honored should the City Council decide to support any of these bills with a resolution. Noting Global Warming was not only a threat to communities but to the entire planet, Assemblyman Leno stated that 40% of greenhouse gas emissions comes from automobile use; therefore, it was necessary to provide alternatives to cars. He indicated that AB 1358 would require cities and counties when amending their General Plan's Transportation Element, to accommodate all users of the roadway, including automobiles, bicycles, pedestrians, seniors, children and the disabled. By making streets more accessible, people would be encouraged to use alternative forms of transportation that could reduce carbon emissions. Assemblyman Leno stated that In conjunction with Assemblyman Jared Huffman, he is authoring AB 1056 — The California Ocean Protection Council Act. This bill authorizes and expands research on oceans and removes bureaucratic hurdles to funding vital ocean protection projects. Indicating that keeping children healthy and safe was one of his top priorities, Assemblyman Leno stated that two bills reflected this: AB 706 would ban chlorinated and brominated fire retardants which were banned nationally from use in children's sleepwear thirty years ago and which currently, were being used as fire retardants in furniture and even bedding, specifically pillows. AB 1551 would decrease teenage pregnancies and sexually transmitted diseases. Assemblyman Leno stated he was also co-authoring a bill with Assemblyman Chuck DeVore from Orange County, which would allow California farmers to grow industrial hemp. Currently, thousands of products are produced legally from industrial hemp: food, clothing, shelter, paper and fuel, which were all biodegradable products. He indicated that the plant grows without herbicides, pesticides, fungicides and with less water, which was the reason he was certain it would have as brilliant a future in California as it did up until the mid -twentieth century. He stated that currently, manufacturers are required to send their dollars abroad, exacerbating the trade imbalance, to import an entire plant which is only illegal in this country when growing in the ground. SRCC Minutes (Regular) 04/02/2007 Page 1 SRCC Minutes (Regular) 04/02/2007 Page 2 For those interested, Assemblyman Leno indicated that more information on this legislation was available at www.assemblv.ca.gov Mayor Boro stated that Lydia Romero, Assistant to the City Manager, would pursue these and present a recommendation to the City Council. He thanked Assemblyman Leno for his attendance this evening. b) ADA Access — 330 G Street: - File 13-1-1 Huqo Landecker submitted a series of three photographs relating to accessibility at 330 G Street, one of which identified the front of 330 G Street that formerly had a sidewalk. He indicated that the owner chose to remove the sidewalk, install a retaining wall, backfill the retaining wall and erect an iron fence. Mr. Landecker stated it was unfortunate that this property and adjacent parcel had their front property lines almost at the curb. When the situation was brought to the attention of Code Enforcement, Planning and Public Works, he noted staff indicated it was acceptable. Referring to photograph 3 of the series, Mr. Landecker noted that a visually impaired person walking north along G Street encountering this 5 -foot high fence could not turn right because of private property, could not turn left because of a legally parked vehicle in the street (photograph) and a street tree in the way, making it a dead end for a person with that problem. As this was unacceptable, Mr. Landecker requested that the situation be investigated by the City. Mayor Boro invited City Attorney Gary Ragghianti, Community Development Director Bob Brown and the Department of Public Works to investigate and report back to the City Council. c) War in Iraq: - File 9-1 Mary Morrision read from a suggested petition relating to undeclared wars in Iraq. John Jenkel requested Council support in ending undeclared wars. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as follows: ITEM 2. Approval of Minutes of Special City Council Meeting of Monday, March 19, 2007 (CC) 3. Summary of Legislation Affecting San Rafael (CM) — File 116 x 9-1 4. Report on Bid Opening and Resolution Awarding Contract for Bicycle Master Plan Implementation - Short -Term Routes, (Funded by Bay Area Air Quality Management District Transportation Funds for Clean Air Grant) Project No. 11092, to Chrisp Company for the Base Bid Plus Alternate Bid in the Amount of $63,329.40 (PW) — File 4-1-593 x 261 x 9-3-40 5. Resolution Accepting Grant Deed for DuBois Street at Irwin Street (Best Buy) (RA) — File 2-1-84 x 4-10-349 RECOMMENDED ACTION Minutes approved as submitted. Approved staff recommendation: SB 286 — Transportation Bonds. Implementation. Senator Dutton. SUPPORT AB 1256 — Density Bonus: Exemption: Local Inclusionary Ordinance. Assembly Member Caballero. SUPPORT RESOLUTION NO. 12224 — RESOLUTION AWARDING CONTRACT FOR BICYCLE MASTER PLAN IMPLEMENTATION — SHORT TERM ROUTES (FUNDED BY BAY AREA AIR QUALITY MANAGEMENT DISTRICT TRANSPORTATION FUNDS FOR CLEAN AIR GRANT) PROJECT NO. 11092, TO CHRISP COMPANY, FOR THE BASE BID PLUS ALTERNATE BID IN THE AMOUNT OF $63,329.40 (lowest responsible bidder) RESOLUTION NO. 12225 — RESOLUTION AUTHORIZING ACCEPTING GRANT DEED FOR PARCEL LOCATED AT DUBOIS STREET AT IRWIN STREET (BEST BUY) SRCC Minutes (Regular) 04/02/2007 Page 2 6. Resolution Authorizing Execution of License Agreement with Artworks Downtown for Temporary Art Installations (RA) — File 4-10-346 x 260 x 9-3-61 x (SRRA) R-423 7. Resolution Setting a Public Hearing on the Reissuance by the San Rafael Redevelopment Agency of a Multi -Family Housing Revenue Note in an Approximate Principal Amount of not to Exceed $5 Million Dollars ($5,000,000) Relating to Lone Palm Court Apartments (840 C Street) (RA) — File (SRRA) R-372 x (SRCC) 13-16 x 229 SRCC Minutes (Regular) 04/02/2007 Page 3 RESOLUTION NO. 12226— RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH ART WORKS DOWNTOWN FOR TEMPORARY ART INSTALLATIONS (May 1, 2007 through April 30, 2008) RESOLUTION NO. 12227 — RESOLUTION SETTING A PUBLIC HEARING FOR MAY 7, 2007 ON THE REISSUANCE BY THE SAN RAFAEL REDEVELOPMENT AGENCY OF A MULTI -FAMILY HOUSING REVENUE NOTE IN AN APPROXIMATE PRINCIPAL AMOUNT OF NOT TO EXCEED $5 MILLION DOLLARS ($5,000,000) RELATING TO LONE PALM COURT APARTMENTS (840 C STREET) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Cohen and Heller (from minutes of Sp. Meeting of 3/19/07, due to absence from meeting) COUNCIL CONSIDERATION: OLD BUSINESS: 8. CONSIDERATION OF RESOLUTION ESTABLISHING INTEGRATED PEST MANAGEMENT POLICY (PW) — FILE 13-10 x 9-1-2 x 9-3-40 Introducing this item, Art Gibney, Public Works Operations and Maintenance Manager, recognized San Rafael residents, Debbie Rafael, Pam Reaves and Kramer Winslow, together with other supporters in the community, for their hard work over four years in attempting to bring the issue of integrated pest management to public discussion in San Rafael. He stated that in that time they had shown a great amount of perseverance, tenacity and patience, culminating in the policy before the City Council this evening. Noting this policy was not an end, comprehensive or entirely internally consistent policy, Mr. Gibney stated it was, however, a large and very significant first step for San Rafael, and an important tool in operations. He expressed the hope that with Council guidance and approval, this policy would be expanded to include all departments within the City, together with all facilities/buildings and all products used within those facilities. Mr. Gibney stated that this policy would be working in conjunction with the recently adopted fleet policy and an anticipated janitorial contract that would consolidate many City contracts, regulating the types of cleaning products used in public buildings that could affect workers and visitors. He indicated that this policy and all the other proposed efforts working together would hopefully lighten the footprint of operations upon the environment. Reiterating that it was a first step, Mr. Gibney recommended adoption of the resolution and policy. Mayor Boro noted a study session took place approximately four weeks ago on this topic; therefore, the City Council was familiar with the policy. Pam Reaves, Safe and Healthy San Rafael, stated she hoped the City Council would adopt the policy this evening and expressed gratitude for the team that was built. Having attended the Environmental Forum, receiving training and meeting wonderful people, she stated she also had the good fortune of starting conversations with Tom Rothenberger, former Parks Superintendent, receiving encouragement and time from Councilmembers Cohen, Heller and Miller, and having discussions with City Manager Ken Nordhoff, Public Works Director Andy Preston and Parks Superintendent John Tune. She noted the City's incredible vision in hiring Art Gibney, Debbie Rafael, voicing her support for the policy, stated she hoped it would be adopted. Ms. Rafael stated the policy embodied what they considered three key principles of precautionary thinking: SRCC Minutes (Regular) 04/02/2007 Page 3 SRCC Minutes (Regular) 04/02/2007 Page 4 • Obligation to minimize harm — using chemicals as a last resort and when used, being confident they were the least toxic available; • Right to know — the Citizens of San Rafael had the right to know what was being used on public land and signs would be posted indicating what was being used, thereby affording citizens choices to walk their dogs or have their children play; and • Shared responsibility —protecting the environment and preserving public health was not only the responsibility of public officials and Councilmembers, rather it was also the responsibility of the community and private sector. She believed the power of this policy was that it called on all to work together to find better products and minimize harm. Noting Art Gibney had indicated this was just the beginning, Ms. Rafael concurred. She stated the three speakers present this evening were committed to working with the City Council and City staff to ensure the successful implementation of this policy. She hoped to see the reach of these principles go beyond where they were today and impact all chemicals used on public property in the City, and they were committed to ensuring this happened in the best way. She expressed thanks for bringing this issue to the forefront and for the time and patience expended on studying it with them, and indicated she was very proud to be a citizen of San Rafael. Kramer Winslow, Safe and Healthy San Rafael, encouraged the City Council to vote for passage of the Integrated Pest Management policy (IPM), which would be doing the citizens of San Rafael, as well as the pets and the countless creatures without a voice, a great favor. Reflecting on working with the City for the past four years, Ms. Winslow stated she would briefly like to address some areas which demonstrated to them the City Council's service to San Rafael's constituents, which was the key for this to happen. Ms. Winslow stated she had been deeply touched by the accessibility of the City Council, together with the quality of listening. While it may have taken a while to schedule certain meetings, she noted the door was never closed. Ms. Winslow stated it could be difficult to consider initiating change when budgets were tight and staff already stressed to the maximum; however, they always believed there was an openness to listen. Ms. Winslow noted changes big and small were being initiated in local communities across the country — certainly in Marin County, the plastic bags initiative in San Francisco, the whole notion of green buildings, more sustainable transportation, etc., in San Rafael — all of which had nothing to do with the federal government, rather it had to do with the grassroots initiatives of communities like San Rafael. She hoped San Rafael would join this movement this evening to help make everyone safer and more healthy. Ms. Winslow stated that adoption of this policy meant the San Rafael community was open to change. In an IPM approach, there was no place for "stuck" thinking or action, rather ongoing learning to be safer and more effective was essential. She commented that this could expand to other arenas in terms of other ecologically sustainable ways. Ms. Winslow reported that physicist, Dr. David Baume, who was not only interested in physics but also in what made thought healthy and avoided unintended results once stated: "healthy thought is open to seeing something new and something different." She commented that what was known and seen today in light of new evidence next week, next month, next year, five years from now, would no doubt change. In that same way, Integrated Pest Management was about being open to something new and different. Thanking everyone for being open to something new and different by considering this new policy, Ms. Winslow urged the City Council to approve the policy to ensure a safe and healthy environment for all of San Rafael's 57,146 citizens. Roqer Roberts, Marin Conservation League, stated that back in 2003 they shared with the City Council a Community Marin statement — 49 pages of policies of the environmental community — for a whole range of environmental issues in Marin County. He reminded the City Council that this was not just a Marin Conservation League effort, rather it involved the Environmental Forum, Sierra Club and the Audubon Society and all of the Boards signed off on every word of the document. Referring to an entry in the document Mr. Roberts quoted: "We want to encourage Integrated Pest Management by all the cities and jurisdictions in the County" and he was pleased this evening to indicate that he did not have to encourage the San Rafael City Council to adopt the policy, rather he could urge them to do so, and report that he personally, the environmental community and Marin Conservation League endorsed the policy wholeheartedly and hoped the resolution would be adopted. Councilmember Cohen thanked Art Gibney for his work on this issue. He also thanked the SRCC Minutes (Regular) 04/02/2007 Page 4 SRCC Minutes (Regular) 04/02/2007 Page 5 members of Safe and Healthy San Rafael for encouraging him in ongoing learning, for their patience and persistence in focusing the City's attention on this issue, and for working with the City to figure out a way to get it done, even in a time of constraints. He believed San Rafael would be a better place when the resolution was passed and the policy adopted this evening, and he thanked Safe and Healthy San Rafael members for all their hard work. Councilmember Miller stated he found this to be a model of basic community based governance. He thanked the three members of Safe and Healthy San Rafael for having had the opportunity to interact with them on this issue. Councilmember Heller stated Art Gibney had done a masterful job on the issue and noted Public Works Director Andy Preston never gave up on it. She indicated she enjoyed meeting the three members of Safe and Healthy San Rafael and believed Pam Reaves pulled the correct choke chain on her when she spoke of dogs walking across areas that had been sprayed. She believed the meetings with former City Manager Rod Gould and City Manager Ken Nordhoff had produced good results. Noting change was difficult, Councilmember Phillips stated that with the amount of support this particular issue had, it was understandable, and it was a compliment to the community as a whole. He commented it was great to receive compliments such as those made this evening and he, in turn, paid tribute to staff. Mayor Boro commented that the City Council's job was to listen and hopefully act at the appropriate time and the door should never be closed on anyone. Glad to be passed the budget restraints, he indicated that life was all about change, and this was a positive change. He thanked the members of Safe and Healthy San Rafael for leading the City Council to this point this evening. Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 12228 — RESOLUTION ADOPTING AN INTEGRATED PEST MANAGEMENT POLICY AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None NEW BUSINESS: 9. CONSIDERATION OF SAN RAFAEL EMERGENCY OPERATIONS PLAN: (MS) — FILE 13-11 x 9-3-31 x 9-1 x 9-1-2 a) RESOLUTION APPROVING THE 2007 CITY OF SAN RAFAEL EMERGENCY OPERATIONS PLAN; b) RESOLUTION ESTABLISHING THE LINES OF SUCCESSION FOR THE CITY MANAGER. DEPARTMENT HEADS AND OTHER KEY CITY OFFICIALS IN THE EVENT OF THEIR UNAVAILABILITY DURING AN EMERGENCY City Manager Ken Nordhoff reported that this item had been a work in progress for over a year and a half. While the very comprehensive document before the City Council this evening could appear somewhat unwieldy, a lot of it was intended to be directed to staff and Mike Angeli, Interim Emergency Services Coordinator, would address the real policy implications to be faced in considering the plan's adoption. Mr. Nordhoff noted the efforts of staff, including Jim Schutz, Assistant City Manager, who put a lot of time and participation into making it happen. Mike Angeli reported that the City of San Rafael Emergency Operations Plan was a National Incident Management System (NIMS) compliant and state Standard Emergency Management System (SEMS) compliant all-risks plan. He explained that the plan reorganizes the City Emergency Response and the Emergency Operations Center (EOC) and provides an organizational plan that utilizes the Incident Command System to integrate City resources, community resources, CERT or DART team members to address the emergency event. Mr. Angeli stated the plan was broken down into five parts: 1. Basic plan 2. Facilities Activation Plan 3. Check lists for the EOC participants and members 4. Section on threats 5. Section on Annexes SRCC Minutes (Regular) 04/02/2007 Page 5 SRCC Minutes (Regular) 04/02/2007 Page 6 Additionally, a separate handbook for the EOC addresses and provides quick implementation ideas and plans for the EOC section in the event of a rapid implementation. Mr. Angeli stated that this plan gives the EOC Director the ability to react to any type of emergency and he indicated that a short summary of Councilmember roles in the event of a disaster emergency was provided with this evening's material. Briefly, he explained Councilmember responsibilities included: • Contact the Director of Emergency Services at the EOC to receive a briefing on the emergency situation; • Serve as liaison with the City, County, State or Federal government representatives; • Review and approve the Proclamations of a Local Emergency; • Receive information and assistance from the Director of Emergency Services to assist with public information outreach; • Visit impacted area shelters and other temporary facilities to spot problems and special issues; • Conduct special public meetings to determine public needs and identify current or future City actions; • Review requirements for special legislation and development of policy; • Consider both short-term and long-term recovery strategies; • Serve as liaison with public or community organizations; and • Survey problem sites in the City and assist residents in finding solutions to problems resulting from the disaster. Mr. Angeli indicated that the City Council would be integrated and active participants in the City's Emergency Response. Additionally, Mr. Angeli indicated that the plan provides an overview and organization structure to be reactive and able to deal with any emergency arising, utilizing staff or outside resources. He stated it had a special emphasis on attempting to integrate the community back into the plan. He hoped to receive a grant for amateur radio communications to try to facilitate this and the plan also envisioned using fire stations as a point of contact for the community. In an overview, he stated it provides a much better way to do things for the future and a much safer San Rafael. Mayor Boro inquired as to the nature of the document entitled "San Rafael City Council Role During a Disaster Emergency", distributed this evening. Mr. Angeli stated this explained the City Council's role during a disaster emergency. Basically, he indicated it identified that the plan was compliant, the City was organized for the emergency, and it discussed the organization and the City Council's roles and responsibilities. He noted a subsequent document identified City Department Heads and staff on the succession plan. Mayor Boro noted the City Manager had requested that the Mayor and each Councilmember identify two potential individuals as their successors should they be unavailable in an emergency, and inquired whether a separate ordinance needed to be adopted naming these individuals. Responding, Mr. Nordhoff stated there was a need to have this information adopted in a resolution. He indicated that Mr. Angeli had drafted a report, noting names had been submitted by some Councilmembers. First and second choice alternatives needed to be identified and he would provide a short list of the roles and responsibilities of these alternates, i.e., functioning as the Mayor or Councilmembers. He noted that most likely in the event of a disaster the alternates would be making those types of decisions; however, should public meetings need to be held or policy decisions made, the alternates would be serving in Council's absence and making those decisions on behalf of the community. Mayor Boro believed that when these individuals were designated it would be important to schedule a workshop with these ten individuals, and the City Council to discuss the issue and have an understanding of what the expectations might be. Mr. Nordhoff stated that Mike Angeli had been doing an outstanding job with training staff, both on an organizational level and within various disciplines, and he believed this group of fifteen could be part of a training program to give some overview of the bigger disaster recovery SRCC Minutes (Regular) 04/02/2007 Page 6 SRCC Minutes (Regular) 04/02/2007 Page 7 perspective and also the actual implementation elements in the plan. Mr. Nordhoff confirmed for Councilmember Heller that just two names were required. Mr. Angeli stated the worse case scenario would be the City Council being unable to reconstitute itself; therefore, naming successors afforded the ability to keep continuity of government going forward at the elected level. Councilmember Heller inquired whether the powers and responsibilities of the standby officers would be integrated into the Emergency Operations Plan. Mr. Angeli stated that upon identification of these individuals and adoption of a resolution, a separate section on roles and responsibilities would be included in the plan. Mr. Nordhoff stated there was also a separate check list for Councilmembers, regardless of who they might be, in the plan documents, which clearly articulates a Councilmember's roles and responsibilities in respect to responding to a disaster. Councilmember Phillips concurred with Mayor Boro regarding scheduling a workshop for the City Council and alternates. On the question of stand-ins for the Mayor, Councilmember Phillips suggested these be Councilmembers prioritized by seniority, perhaps starting with the Vice -Mayor. He indicated he would be somewhat reluctant to abrogate some duties or responsibilities of an elected person to someone who was not elected and this should be considered. Mr. Nordhoff stated that should this be Council's direction, staff would be glad to consider it. He noted Mike Angeli alluded to the fact that staff wanted to ensure there were sufficient resources available to have a continuity of government; therefore, Council's satisfaction with the package staff presented would meet the need. Councilmember Miller concurred with Councilmember Phillips on the issue of stand-ins for the Mayor. Mr. Nordhoff confirmed he would provide materials regarding recruitment and duties of the alternates to Councilmember Miller this evening. Mr. Nordhoff explained that in studying where to actually activate the Emergency Operations Center, traditionally the Council Chambers was used. Experience through various trainings revealed the Council Chambers had its plusses and minuses and probably needed some attention; therefore, alternatives were needed. He indicated staff was considering the Public Works facility as an equal alternative, depending upon the event, and other locations would be considered in the future. Councilmember Cohen stated that recruitment would be easier if he could be more specific about what was expected and he requested that the documentation be sent electronically to him. He noted page number errors in the Tables of Contents. Referring to the document entitled "San Rafael City Council Role During a Disaster Emergency", Mayor Boro quoted: "Each City and the County has a designated Director of Emergency Services in its EOP" and he inquired as to who the Director of Emergency Services for Marin County was. Mr. Nordhoff stated he believed this was Chris Godley. Mayor Boro inquired as to the role of the Marin County Supervisor overseeing emergency services. Mr. Nordhoff explained there was a Disaster Council. There also was a local Disaster Council, meetings of which Mayor Boro had attended, and they were bringing together the various constituencies and stakeholders that were part of disaster planning. Mr. Angeli believed Mr. Godley was the EOC Coordinator and one of the Board of Supervisors was the EOC Director. Councilmember Heller believed Supervisor Adams was currently the EOC Director and Councilmember Susan Brandborg, Fairfax, was the cities' representative. Mayor Boro stated that as an elected person, in reading the City Council Role document he felt a little left out of the loop. While the document inferred Council's role was critical, it appeared they did not have any direct responsibility. He would feel a lot more comfortable with a better SRCC Minutes (Regular) 04/02/2007 Page 7 SRCC Minutes (Regular) 04/02/2007 Page 8 understanding as to what Council's expectation should be because the community's expectation could be different. Mayor Boro expressed concern about how it would all play out in the event of a disaster and why the City Manager rather than the Mayor declared an emergency. Mayor Boro suggested that perhaps there should be two workshops to discuss this issue: one with Mr. Nordhoff and Mr. Angeli giving the City Council an understanding of how the plan would work, and once agreed to by the City Council, meeting with the alternates. Indicating staff would be happy to organize a two-step approach, Mr. Nordhoff explained the structure of the documents was such that a Director of Emergency Services be provided, typically the City Manager, with of course, some redundancy. Not to exclude the City Council from important policy making issues, Mr. Nordhoff stated Council had given staff permission to run and manage the disaster and lead the response, and once a disaster was declared, whether by the City Manager or the City Council, staff was capable of responding to whatever it might be. Mr. Nordhoff stated that should Council be willing to adopt the policy, staff would be glad to go through it in whatever level of detail deemed necessary. Believing a disaster would put a lot of pressure on everyone, Mayor Boro stated he did not quite understand the term "no `command and control'." While he could understand the "command", he believed at least the plan should acknowledge Council would have the ability to discuss the situation with the City Manager. From the City Council Role draft document, Councilmember Heller quoted: "Specific areas of authority and responsibility for emergency management are clearly outlined in state law and local ordinances" and she requested this language be included for current and future purposes. Indicating that more time needed to be spent on this issue, Councilmember Cohen stated he did not share quite as much concern as his colleagues, particularly relating to the terms "command and control." He commented that should he happen upon a fire in San Rafael he would stop and observe, assuming he was not distracting, and should the Incident Commander be in a position to spare the time to fill him in on the event, he would appreciate that. Councilmember Cohen stated he would expect later to have an opportunity to review the event and ensure the requirements of protecting public safety in San Rafael were being met. He indicated he did not expect to give any orders during the fighting of the fire in any way that was normally understood as "command and control." This was a separate role and the City Council was a policy-making body. Regarding disasters and officials talking to the media, Councilmember Cohen stated his perception was that some of these people were posturing, rather than contributing in any significant way to the disaster. Regarding a line of authority, Councilmember Cohen stated his assumption would be that in such an event, as in everything else, the City Manager works for the City Council and should the point be reached where the Council was dissatisfied and thought that the actions of the City Manager were presenting a threat to public safety, Council would have the authority to take action. While this would be an appropriate line of command and control, he believed it would not be appropriate for any Councilmember to step in and begin issuing orders in an emergency. Commenting that the document was very clear on that point, Mayor Boro noted it also stated the City Council would: "Serve as the liaison with City, County, State and/or Federal government representatives" and to be apprised of what was happening Council should: "Contact the Director of Emergency Services at the Emergency Operations Center (EOC) to receive a briefing on the emergency situation", and this did not appear to flow well. He inquired whether the Charter spoke to the issue of who did what in an emergency. Mr. Angeli explained that previously, the City Council declared the local emergency; however, as there was a little ambiguity concerning whether or not the Emergency Operations Director could carry out this function, a resolution was passed giving him the authority to so do should Council not be available to expedite the emergency processes. Mayor Boro stated he was in favor of the Emergency Operations Director declaring an emergency in the absence of the City Council for whatever reason. Mr. Angeli confirmed that should the Emergency Operations Director declare a local emergency, the City Council had the responsibility to confirm that they concur with that action within five days. He stated the overriding issue was to try to keep the emergency management personnel focused on the emergency while getting some input and having the opportunity to obtain input from the Council. Mayor Boro stated that should the Council be approached by the press, contacted by telephone, SRCC Minutes (Regular) 04/02/2007 Page 8 SRCC Minutes (Regular) 04/02/2007 Page 9 etc., they needed to be as knowledgeable concerning events as the Emergency Operations Director. The draft document indicated that the City Council should make contact with the Emergency Operations Director; however, Mayor Boro believed the Emergency Operations Director should contact the City Council. He indicated he did not feel comfortable with the tone. Mr. Nordhoff stated he did not believe his roles and responsibilities to the City Council as the governing body of the City of San Rafael changed whether in times of emergency or not. It was his job to manage resources in a state of emergency. He had the responsibility to feed the City Council as much information as they desired and they had every right to ensure he (Mr. Nordhoff) and the team working around him were accessible. He noted public information was a key component to the Command Staff Section of the plan as it was recognized these people would be feeding information to the City Council and vice versa. It was not intended to isolate the City Council. Referring to the draft document on the role of the City Council, Mayor Boro quoted: "Specific responsibilities of the City Council include: Contact the Director of Emergency Services at the EOC to receive a briefing..." and he questioned why it did not state it was the role of the Emergency Operations Director to contact the City Council. He suggested evaluating how a balance could be struck between the two roles. Assistant City Manager Jim Schutz stated part of the problem was that all cities were required to do these plans, resulting in a lot of boilerplate language. A lot of it was to be federally compliant with a lot of fire command language that did not necessarily translate to how one would normally speak. He indicated that the draft two-page summary compiled by Mike Angeli was not in the plan; his aim was to show the role of the Council. Mr. Schutz suggested that more time be spent on this document to make it clearer. He noted that some of the information in the plan was probably not as important as how functionally it would be used. A lot of cities got bogged down in the plan itself; however, he believed what was done with it and how it was put into action was more important. Noting the EOC Director section contained the language "conduct regular briefings for the City Council" - Mr. Schutz stated this could be more strongly stated and perhaps the "San Rafael City Council Role during a Disaster Emergency" was the good place to do it. Mayor Boro stated he would like to know the role of the elected Supervisor at the County as it was his understanding that that individual was a Director of the EOC. Referring to City of San Rafael Emergency Plan Part 4 (Threats) — Pages 12 and 13, with regard to wildland fires, Councilmember Heller noted that while some neighborhoods were mentioned, she did not believe all those that should be mentioned as fire problems were included. She indicated there were other problem areas in San Rafael and Terra Linda and she questioned why these areas were not listed. Mr. Angeli stated this was the last official area evaluation. He indicated that the Fire Department in its Vegetation Management program was re -looking at all of this; however, it was not currently available. He commented that this was a living document and had a tendency to change in given circumstances and it would continue to be that type of document. Mayor Boro thanked Mike Angeli for his hard work, noting it was something everyone thought about; however, did not wish to give a lot of time to. He indicated he spoke at the State of the City Dinner about having a disaster drill in November, 2006, which would be repeated. He recommended that the plan be adopted this evening with the understanding that there be a two - phased workshop, and going forward, generate language to be incorporated into the plan or made an addendum to the plan to clarify the roles of the City Council. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution with this understanding. a) RESOLUTION NO. 12229 — RESOLUTION APPROVING THE 2007 CITY OF SAN RAFAEL EMERGENCY OPERATIONS PLAN AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution. b) RESOLUTION NO. 12230 — RESOLUTION ESTABLISHING THE LINES OF SUCCESSION FOR THE CITY MANAGER, DEPARTMENT HEADS AND OTHER KEY CITY OFFICIALS IN THE EVENT OF THEIR UNAVAILABILITY DURING AN EMERGENCY SRCC Minutes (Regular) 04/02/2007 Page 9 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCILMEMBER REPORTS: SRCC Minutes (Regular) 04/02/2007 Page 10 Cohen, Heller, Miller, Phillips and Mayor Boro None None 10. Marin Transit - Marinwood Shuttle: - File 9-1 x 143 Nerball Councilmember Heller announced that she and Assistant City Manager Jim Schutz attended a public outreach meeting on the Marinwood Shuttle to receive public input regarding a potential change to the route to improve ridership. A further meeting was scheduled. There being no further business, Mayor Boro adjourned the City Council meeting at 9:35 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 2007 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 04/02/2007 Page 10