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