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