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HomeMy WebLinkAboutCC Minutes 1996-01-16SRCC MINUTES (Regular) 1/16/96 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 16,1996 AT 8:00 PM Regular Meeting: San Rafael City Council Gary 0. Phillips, Councilmember David J. Zappetini, Councilmember Absent: Albert J. Boro, Mayor Others Present: Suzanne Golt, Acting City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBER Vice -Mayor Cohen announced Closed Session item: Present: Paul M. Cohen, Vice -Chairman Barbara Heller, Councilmember CLOSED SESSION AGENDA ITEM - 7:00 PM - CONFERENCE ROOM 201 -Conference with Labor Negotiators - (Government Code Section 54956.9) Negotiators: Suzanne Golt/Daryl Chandler IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 16,1996 AT 8:00 PM RE: CLOSED SESSION ITEM Vice -Mayor Paul Cohen announced that the Council had deferred the scheduled Closed Session to the conclusion of the City Council meeting. RE: FILLING OF PLANNING COMMISSION VACANCY - File 9-2-6 Vice -Mayor Cohen announced that at a special meeting held earlier this evening the Council appointed Judy Tipple to the San Rafael Planning Commission, noting Mayor Boro had concurred with the appointment by telephone. Vice -Mayor Cohen stated it had been a difficult choice, as each candidate has much to offer the City of San Rafael, and he hoped they would continue their interest and involvement. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None CONSENT CALENDAR Councilmember Zappetini moved and Councilmember Phillips seconded, to approve the recommended action on the following Consent Calendar items: 1194,41 RECOMMENDED ACTION 3. Call for Applications for Landscape Architect, Design Review Approved staff recommendation: Board, Due to Resignation of Edward Trapolin, Landscape a. Called for applications, with Architect (CC) deadline for receipt on - File 9-2-39 Tuesday, 2/6/96 at 12:00 Noon in the City Clerk's Office; b. Set date for interviews at Special Meeting on Tuesday, 2/20/96 at 6:30 PM. 4. Monthly Investment Report (Fin) Accepted report. - File 8-18 x 8-9 SRCC MINUTES (Regular) 1/16/96 Page 1 SRCC MINUTES (Regular) 1/16/96 Page 2 5. Report on Bid Opening and Adoption of Resolution Rejecting Bid RESOLUTION NO. 9535 - A for Purchase of One New 1996 Cab and Chassis Truck Re: RESOLUTION OF THE CITY OF SAN Hazardous Materials JPA and Authorizing Re -Bid (Fin) RAFAEL REJECTING THE BID OF ISI, - File 4-2-286 x 9-3-31 INC. AND AUTHORIZING STAFF TO RE -BID A CAB AND CHASSIS FOR THE FIRE DEPARTMENT'S HAZARDOUS SPILL PROGRAM. 8. Resolution of Findings Re: Appeal of Disabled Access Requirements -171 Carlos Drive (PW) RESOLUTION NO. 9536 - A - File 13-1-1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL (IN ITS CAPACITY AS THE BOARD OF APPEALS) GRANTING CONDITIONED APPROVAL OF AN APPEAL FROM STATE ACCESS REQUIREMENTS AT 171 CARLOS DRIVE, SAN RAFAEL. 10. Authorization to Contract with The Green Man for Use of Falkirk RESOLUTION NO. 9537 - A Cultural Center's Greenhouse (Cult. Aff.) - File 4-10-285 x RESOLUTION AUTHORIZING LEASE 4-10-251 AGREEMENT WITH THE GREEN MAN FOR THE USE OF FALKIRK CULTURAL CENTER GREENHOUSE (ON A MONTH-TO-MONTH BASIS). 11. Resolutions of Appreciation for: (Lib) RESOLUTION NO. 9538 - A - File 102 x 9-3-61 RESOLUTION OF APPRECIATION a. Fran Davis, Library Assistant II FROM THE CITY OF SAN RAFAEL b. Elaine Collins, Secretary TO FRAN DAVIS, LIBRARY ASSISTANT II (RETIRING AFTER 27 YEARS' SERVICE). RESOLUTION NO. 9539 - A RESOLUTION OF APPRECIATION FROM THE CITY OF SAN RAFAEL TO ELAINE COLLINS, SECRETARY (RETIRING - DEPARTMENT SECRETARY FROM JUNE, 1975 TO DECEMBER, 1995). AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro The following items were removed from the Consent Calendar for further discussion: 2. APPROVAL OF MINUTES OF SPECIAL MEETING OF THURSDAY, DECEMBER 14, 1995 AND REGULAR MEETING OF MONDAY, DECEMBER 18, 1995 (CC) Councilmember Zappetini stated he was abstaining from the minutes of the Special Meeting of December 14, 1995 as he was absent from the meeting. Councilmember Phillips moved and Councilmember Heller seconded, to approve the minutes of Special Meeting of December 14, 1995 and Regular Meeting of December 18, 1995. AYES: COUNCILMEMBERS: Heller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro ABSTAINING: COUNCILMEMBERS: Zappetini (from minutes of Special Meeting of 12/14/95 only, due to absence from meeting) RESOLUTION AUTHORIZING AGREEMENT FOR LEGAL SERVICES WITH LIEBERT, CASSIDY, & FRIERSON, A PROFESSIONAL CORPORATION (CM) - File 4-3-214 Councilmember Heller asked the type of professional service this company provides, and if the City was currently using SRCC MINUTES (Regular) 1/16/96 Page 2 SRCC MINUTES (Regular) 1/16/96 Page 3 their services on an on-going basis? Acting City Manager Suzanne Golt stated this particular law firm provides two different categories of services. She explained that the City is a member of a consortium of cities and some county representation in the North Bay for various training programs, and associated with that we have free consultation services by telephone for limited types of questions. She stated that this contract is for the second type of services provided by this company, which is legal support and labor relations matters, such as disciplinary issues and grievances. She reported the City has contracts with two companies that provide this type of service to the City, noting the other law firm provides the bulk of the outside legal services for the labor relations legal work. However, she noted we have had a contract with Liebert, Cassidy & Frierson for many years, and on occasion we have used their services. She stated they are an outstanding legal firm, very knowledgeable and solid in public sector labor law. She stated our contract is actually more of a back-up for the other law firm, noting that we have not expended any money for this particular law firm in the past year, and stating she personally recommends the City continue to have a contract with this firm for the up -coming year. Ms. Heller asked where the firm is located, and Ms. Golt reported they are located in San Francisco. Councilmember Zappetini stated he had been interested in how much the City had spent with this firm in the past year, but felt Ms. Golt had answered his question. Councilmember Heller moved and Councilmember Zappetini seconded, to adopt a Resolution authorizing the signing of an agreement for legal services with Liebert, Cassidy & Frierson. RESOLUTION NO. 9540 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE SIGNING OF AN AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF SAN RAFAEL AND THE LAW FIRM OF LIEBERT, CASSIDY AND FRIERSON (FROM MARCH 1, 1996 THROUGH FEBRUARY 1997) (FOR LABOR RELATIONS RELATED SERVICES). AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 7. ANDERSEN DRIVE PROJECT AUTHORIZATION TO CALL FORBIDS (PW) File 4-1-478 x (SRRA) R-246 Councilmember Zappetini stated he was abstaining from this item due to a conflict of interest. 28, Councilmember Phillips moved and Councilmember Heller seconded, to authorize staff to call for bids for the Andersen Drive Project. AYES: COUNCILMEMBERS: Heller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) REPORT ON CITY OF NOVATO'S PROPOSED CHANGE IN SPHERE OF INFLUENCE TO INCLUDE PORTION OF ST. VINCENT'S AND LAS GALLINAS VALLEY SANITARY DISTRICT PROPERTIES, EAST OF THE RAILROAD (PI)- File 149x 115 Councilmember Heller asked who makes the final decision on whether these lands in the St. Vincent's area go into the Novato Sphere of Influence or the San Rafael Sphere of Influence, and if this was ultimately a LAFCO decision? Planning Director Robert Pendoley responded that it was LAFCO's decision, and stated that this issue will ultimately come before them, although they are very interested in knowing what the affected agencies think about the issue. Therefore, Mr. Pendoley stated that if the Council concurred with staffs recommendation, it would be good to go on record at this time, and then the City could inform the City of Novato of our position on the issue, and it will be part of the record when this goes to LAFCO. Councilmember Zappetini asked if LAFCO was the lead agency, and Mr. Pendoley stated that this was correct, and noted that LAFCO makes the final decision. Mr. Zappetini asked if there were more than just two cities involved in LAFCO, and Mr. Pendoley reported that LAFCO's membership includes representatives from two cities, the County, two special districts, and one person designated as a member -at -large who is not directly affiliated with a particular agency. Councilmember Heller reported there are also two County Supervisors, putting the membership at seven members. Mr. Zappetini asked how it was going to work if LAFCO is going to make the final decision and the City of San Rafael is not one of the members? Mr. Pendoley stated that LAFCO considers input from all of the affected agencies, noting this was their job. He explained their decisions must be made at pubic hearings, and they have to make findings on any kind of decision they might make, the same way the City Council or Planning Commission would. He noted they must consider any evidence the City of San Rafael might present, and he is confident that they will. Mr. Zappetini asked if the City would have a vote, and Mr. Pendoley responded that we SRCC MINUTES (Regular) 1/16/96 Page 3 SRCC MINUTES (Regular) 1/16/96 Page 4 would not, as we are not a member, although we do sit as an alternate. Councilmember Phillips asked if the City would have a representative at the public hearing, in addition to sending our letter to LAFCO, and Mr. Pendoley responded that we would. Mr. Pendoley reiterated that the current status is just that Novato is updating their General Plan, and they need to take a position on what they want for their planning area and Sphere of Influence boundaries, and noted that the City is just commenting on that. Mr. Pendoley stated he did not think LAFCO had a schedule at this time for considering whether they want to make changes to this boundary, but they would be in a position to address the issue after Novato has acted. Mr. Phillips stated Mr. Pendoley's reasoning was sound with regard to the three parcels, and felt that in addition to the letter, we should influence the process in any way that we can. Mr. Pendoley stated that staff would continue to track this issue and keep the Council informed. Vice -Mayor Cohen asked how the use areas were treated during the St. Vincent's/ Silvera Committee process, a study that was recently completed? Mr. Pendoley responded this area had been included during the St. Vincent's/Silvers process, noting the Committee looked at that area and they were asked to assume that it was in San Rafael's planning area, and were asked to make plans accordingly. He noted it was explained at the time that this area was not really in anyone's Sphere of Influence, and it was difficult to know how this would all turn out. Vice -Mayor Cohen stated he felt that if the City wanted to pursue this, the way to try to resolve the issue of not having a vote on LAFCO would be to attempt to reach an agreement with the City of Novato as to whose Sphere of Influence these properties should be in. He stated that if the City of San Rafael and the City of Novato concurred on a recommendation to LAFCO, he imagined it would be virtually guaranteed that LAFCO would approve a change, if that was what was required. He stated that if the Council is interested in pursuing the issue at the present time, getting Novato to at least make a reference to this in their General Plan might be a way to proceed. Therefore, he felt the Council should ask the Mayor to contact and initiate discussion with the City of Novato, at either a staff or Council level, to pursue this. Mr. Pendoley agreed that this would be appropriate. Councilmember Heller stated she also agreed, if such a move would not be premature. Mr. Pendoley felt the best action would be to first call them at the staff level, and if at that point they say that they are too deeply into other aspects of their General Plan and felt that it would be a good idea to wait, then we could ask them to contact us in a few months when they felt it was appropriate. Councilmember Heller asked if contacting the City of Novato directly would be in addition to the letter we were prepared to send, and Vice -Mayor Cohen thought we might include in the letter to the City of Novato the suggestion that the two cities communicate directly on this issue at the staff level, or if and when appropriate, with representatives of the respective Councils, to see if we can reach an agreement on this. Vice -Mayor Cohen stated if an agreement could be reached and worked into Novato's General Plan, he felt that would be all the City would need to do on this issue, at least in the near future. He stated this would be his recommendation. Councilmember Heller moved and Councilmember Zappetini seconded, to have the City of San Rafael send a letter to the City of Novato and LAFCO, and also contact City of Novato staff by telephone regarding the issue of the Sphere of Influence in San Rafael's planning area. AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS SPECIAL PRESENTATIONS: Heller, Phillips, Zappetini & Vice -Mayor Cohen None Mayor Boro 12. a. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO: (Lib) - File 9-3-61 x 102 a. FRAN DAVIS, LIBRARY ASSISTANT II b. ELAINE COLLINS, SECRETARY Vice -Mayor Cohen presented Resolutions of Appreciation to Fran Davis, Library Assistant II, and Elaine Collins, Secretary. Vice -Mayor Cohen expressed appreciation for their many years of service on behalf of Mayor Boro and former City Manager Pam Nicolai, both of whom were disappointed that they could not be present. Vice -Mayor Cohen read the Resolution of Appreciation for Fran Davis, noting she had twenty-seven years of service with the Library, and stating she will be missed by the 40,000 patrons of the Library. In making the presentation to Elaine Collins, Vice -Mayor Cohen also read the Resolution of Appreciation. He noted she had served as Department Secretary for the San Rafael Public Library for twenty years, and in her role as bookkeeper had received and paid for over 100,000 books, videos, magazines, and assorted offices supplies. On behalf of the City of San Rafael, Vice -Mayor Cohen thanked and commended Ms. Davis and Ms. Collins for their exemplary service, and wished them a long, healthy and happy retirement. PRESENTATION TO MAYOR BORO OF A PLAQUE FROM OUR SISTER CITY, LONATE POZZOLO, IN COMMEMORATION OF THE SEPTEMBER 8, 1995 VISIT TO THAT CITY OF THE GRUPPO LONATESE - File 128 x 102 SRCC MINUTES (Regular) 1/16/96 Page 4 SRCC MINUTES (Regular) 1/16/96 Page 5 Vice -Mayor Cohen deferred to the meeting of 2/5/96 the presentation of a plaque to Mayor Boro from our sister city, Lonate Pozzolo, stating it was appropriate to wait until Mayor Boro was present to accept the presentation. OLD BUSINESS 13. DISCUSSION RE: LOCH LOMOND UNIT #10 BELOW MARKET RATE (BMR) HOUSING LOCATION (PI) - File 5-1-297 Councilmember Zappetini stated he was abstaining from this item due to conflict of interest, and left the Council Chamber. Mr. Pendoley stated the Council had asked him to research alternatives after receiving a complaint from the Villa Real Property Owners Association, and noted that this evening the members of the Association had presented the Council with a letter requesting this item be carried over for at least two weeks, to allow them to study the issue. Mr. Pendoley stated that from staffs point of view, that would not be a problem, and noted he was prepared to either postpone this item or proceed with the staff report, whichever Council preferred. Vice -Mayor Cohen stated he only had a brief opportunity to review the letter just presented by the Villa Real Property Owners Association, but felt that their request was reasonable, as this was an important item. He noted it was unfortunate that there had not been more public participation in the earlier proceedings regarding this issue, but noted the Council could give the public every opportunity to review the material and comment in a knowledgeable fashion. Councilmember Heller agreed with the recommendation to postpone this issue for two weeks, noting she would like the opportunity to study the latest letter from the Association. Councilmember Phillips stated he felt it would be wise, as long as the timing does not impede the project. Councilmember Heller moved and Councilmember Phillips seconded, to continue this item to the next City Council meeting, to be held February 5, 1996, in order to give the Villa Real Property Owners Association the opportunity to comment on the staff report. AYES: COUNCILMEMBERS: Heller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Zappetini & Mayor Boro DISQUALIFIED: COUNCILMEMBERS: Zappetini (due to conflict of interest) (Councilmember Zappetini returned to the Council Chamber) NEW BUSINESS 14. ADOPTION OF CITY OF SAN RAFAEL MISSION STATEMENT, VISION STATEMENT, AND THREE-YEAR (3) GOALS (1996-1999) (CM) - File 9-1 Acting City Manager Golt reported the Councilmembers and department staff had participated last week in an outstanding strategic planning session, which was enhanced by the assistance of a consultant, Marilyn Snider. Ms. Golt reported that as a result of the work done by the Management Team and the City Council, they have revised the City's Mission Statement, developed a Vision Statement, and identified five specific goals which will be worked on during the next few years. Ms. Golt explained that each of these goals has a number of objectives, but it was decided at the planning session that only the revised Mission Statement, the Vision Statement and the five main goals were to be presented for Council approval at this time, and noted the purpose of the staff report is only to reiterate those matters that were agreed upon at the retreat, and present them formally to the Council for acceptance. Councilmember Phillips noted that he is on the Economic Subcommittee of the Chamber of Commerce, and when they meet tomorrow he will be discussing Goal #3, Economic Development, talking about some of the ideas that were generated at the planning session and getting their reactions, and informing them that there will be a six month follow-up session. Councilmember Heller stated she felt it had been a very productive session, and was delighted at the end of the second day with the goals that had been identified and agreed upon. She suggested setting a date for the follow-up session as soon as possible. Ms. Golt felt that was a good point, and agreed that the follow-up date should be scheduled soon. Ms. Golt recommended continuing to use the services of the facilitator for the upcoming session, noting that if the Council and Management Team agree that they want to engage the facilitator, she should also be contacted. Ms. Golt stated she would follow-up with the members of the Council and the Management Team, to determine dates that everyone would be available for the follow-up session, and ask their opinion on using the facilitator at the follow-up SRCC MINUTES (Regular) 1/16/96 Page 5 SRCC MINUTES (Regular) 1/16/96 Page 6 session. Councilmember Phillips moved and Councilmember Zappetini seconded, to adopt the City of San Rafael Mission Statement, Vision Statement, and Three -Year Goals (1996-1999). AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 15. CONSIDERATION OF CITY COUNCIL APPOINTMENTS (CC) - File 9-1 Vice -Mayor Cohen stated he had not had the opportunity to speak with Mayor Boro as to whether or not he was interested in any committee assignment changes. He stated he will not be attending the next scheduled City Council meeting, and asked if the other Councilmembers felt this item should be deferred for a month, to the meeting of February 20, 1996. Councilmember Heller stated she had spoken with Mayor Boro regarding the committee appointments she was interested in, and she assumed the other Councilmembers had done the same. Therefore, she felt it would make sense to wait until Mayor Boro was present to address this issue, noting that there were no time constraints on this item. Councilmember Heller moved and Councilmember Zappetini seconded, to continue this item for one month, at which time the Council will study the appointments and re -appointments for the Councilmembers. AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS Heller, Phillips, Zappetini & Vice -Mayor Cohen None Mayor Boro Councilmember Phillips stated, for the record, that he is the representative for the Liaison Committee of the MCCMC, and Vice -Mayor Cohen acknowledged that appointment had been made at the September 18, 1995 Council meeting. 16. CITY COUNCIL REPORTS: a. COUNCIL DISCUSSION OF AB 399 - PUBLIC EMPLOYEES: RETIREMENT HEALTH BENEFITS - File 9-1 x 9-3-30 Vice -Mayor Cohen stated this item had been placed on the agenda at his request, and refers to action being taken at the State level with regard to certain retirement benefits for public employees, particularly police officers. Acting City Manager Golt referred to the material that had been supplied by the Legislative Review Committee, which was a digest of the legislation concerning AB 399 and provided a background on this particular bill. Ms. Golt stated she wanted the Council to be aware that this bill, particularly with regard to surviving spouses' continuing cash benefits, relates only to P.E.R.S. employees and their surviving spouses. She noted that since we are members of the 1937 Retirement Act, part of this bill does not relate to the City of San Rafael. She stated that the other portion of the bill relating to continuing health benefits for a surviving spouse, while it could relate to the City, will have no impact on us because, in fact, surviving spouses are already provided with continuing health insurance, and there is no condition that would cut-off their continuing health benefits should they remarry. Therefore, there would be no impact for the City or, more importantly, no impact to the employees from this particular bill. Ms. Golt stated that the Council indicating a show of support for this bill would have no financial impact on the City of San Rafael. Officer James MacDonald, representing the San Rafael Police Officers' Association, addressed the Council, noting that in addition to being a member of the San Rafael Police Officers' Association, he is also the Northern Chapter Vice -President of the Peace Officers' Research Association of California (PORAC), representing Marin County law enforcement. He stated Ms. Golt had outlined the financial responsibility to the City very well, and noted he had distributed an information sheet on AB 399, which is known as the Justice for Widows and Orphans of Peace Officers bill. He stated he had spoken to each of the Councilmembers to outline what the bill does, and noted it was important to the members of the San Rafael Police Officers' Association because while it does not impact the City financially, it does impact the members of the Association very emotionally to know that the City Council wholeheartedly supports those who have taken on the ever increasing challenges and dangers of law enforcement today, and to know that the City Council is willing to adopt a Resolution and support law enforcement in general. He noted it does send a strong statement to the members. Councilmember Heller stated she certainly supports this, and feels that the City should adopt this Resolution. She asked SRCC MINUTES (Regular) 1/16/96 Page 6 SRCC MINUTES (Regular) 1/16/96 Page 7 Officer MacDonald if he had any information as to why California Governor Pete Wilson had chosen to veto this bill? Officer MacDonald read from a copy of Governor Wilson's veto message, dated October 12, 1995, which states "I am returning Assembly Bill 399 without my signature. The bill would require local employers to continue health benefits to the spouses and dependents of peace officers killed in the line of duty. I think this is desirable policy. It gives reassurance to peace officers whose chosen profession has grown decidedly more dangerous. I would happily sign this provision. But, this bill would also impose a mandate on local public employers that contract with the Public Employees Retirement Service to provide survivor allowances to the remarried spouses of deceased members. This is unnecessary and heavy-handed. Local agencies may bargain over this benefit under existing law." Officer MacDonald felt, as he had mentioned to two of the Councilmembers, that the ironic part of Governor Wilson vetoing this bill is that his Grandfather was killed in the line of duty as a police officer, and his grandmother was left alone to raise Governor Wilson's mother, yet he feels that he can play politics with the lives of the surviving families of those officers killed in the line of duty, and he does attend and speak at the California Peace Officers' Memorial, which is held every May. Councilmember Phillips felt it was important to recognize that the City of San Rafael has already taken a position of supporting the surviving spouse, and has taken that stand with regard to our policies. Officer MacDonald stated the City of San Rafael is the only city law enforcement agency in the County of Marin that contracts with the County 37 Retirement Act, noting the remarriage penalty does not apply to the County Act of 1937. Councilmember Zappetini agreed that the police officers are asking for the City's support, and we need to let them know that the City supports them. Vice -Mayor Cohen stated he concurred with Mr. Zappetini, and noted that when he began to look into this, he was pleased to discover this was not an issue for the City of San Rafael, noting that as Mr. Phillips had reported, the City had already recognized this in terms of the benefits the City offers. Vice -Mayor Cohen felt it was appropriate to go on record on this issue, noting that we ask our police officers every day to risk their lives on our behalf, and he felt a little recognition of that is very well justified, and he would like to see the Council support this bill. Councilmember Heller asked if this bill would be reintroduced in the State Assembly, or if there would be an attempted override? Officer MacDonald responded that an override had been attempted, and the bill had been addressed at the Assembly level just this morning. He further reported that the vote was split down the middle 38 to 38, but required a two-thirds vote for passage. Officer MacDonald stated the vote was split along party lines; however, the Assembly Speaker, who is a Republican, voted in favor of the override. Officer MacDonald stated he had been told that tomorrow another bill along these same lines would be proposed, and hopefully once this new bill, along with Resolutions such as the one being presented to the Council, is sent to the Governor's desk, the Governor will no longer choose to play politics with the survivors of slain law enforcement officers. Vice -Mayor Cohen stated it was his understanding that the action the San Rafael Police Officers' Association would like to see the Council take would be to adopt this Resolution so that it could be added to the record, and Officer MacDonald stated that was correct. Councilmember Heller moved and Councilmember Zappetini seconded, to add this Resolution to the Agenda as an Emergency Item. AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro Councilmember Phillips moved and Councilmember Zappetini seconded, to adopt the Resolution in support of Assembly Bill 399. RESOLUTION NO. 9541 - RESOLUTION IN SUPPORT OF CALIFORNIA STATE ASSEMBLY BILL 399 - PUBLIC EMPLOYEES: RETIREMENT HEALTH BENEFITS. AYES: COUNCILMEMBERS: Heller, Phillips, Zappetini & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro SRCC MINUTES (Regular) 1/16/96 Page 7 SRCC MINUTES (Regular) 1/16/96 Page 8 RE: LEAGUE OF CALIFORNIA CITIES CONSTITUTIONAL REVISION BALLOT MEASURE FOR NOVEMBER, 1996 ELECTION - File 9-11-1 Councilmember Heller stated the League of California Cities is really beginning to gear -up their studies of the Constitutional revision, noting she believes this will be on the November ballot. She reported a 10 -15 minute video is available, which describes what is happening on the revision, and she felt this might be of interest to the Council, as well as interested members of the public. Vice -Mayor Cohen asked if there was any cost involved, and Ms. Heller stated she did not believe there was. She suggested planning a time to view the video in approximately four weeks, and asked if this was something that needed to be put on the Agenda and shown at a Council meeting, or if it could be done in a more informal meeting? City Clerk Jeanne Leoncini explained that if the Council were going to take any action, it would need to be placed on the Agenda. Vice -Mayor Cohen felt that if the video is to be viewed only by the Councilmembers, then they could simply distribute the video among themselves; however, if it is to be viewed by members of the public for public discussion, then he felt it would need to be presented at a regular City Council meeting. Acting City Manager Golt suggested a staff presentation first. Councilmember Heller stated she felt this was an issue the public should become aware of, and noted that as citizens, we all really need to begin to look at what the Revision Commission has come up with. Ms. Golt felt it might be better if the Councilmembers circulated the video among themselves first, in order to then decide how it might best be presented to the public. Vice -Mayor Cohen asked Ms. Heller to work with Ms. Golt to determine the best way to present the video. He agreed that we should be sparking public discussion on this issue, noting that from what he has been reading, there are some very serious proposals that could make some dramatic changes in the shape of local government, and he felt we should all be educated about that. There being no further business, the meeting was adjourned at 8:50 PM. Vice -Mayor Cohen announced that the Councilmembers would now convene in Closed Session. At the conclusion of the Closed Session, Vice -Mayor Cohen announced in Open Session that Dick Whitmore was unanimously chosen as the City's Chief Labor Negotiator. Vice -Mayor Cohen then adjourned the meeting at 10:15 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1996 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/16/96 Page 8