HomeMy WebLinkAboutCC Minutes 1993-06-07SRCC MINUTES (Regular) 6/7/93 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 7, 1993, AT 7:00 PM
CLOSED SESSION
1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
No. 93-10(a) - #1 - John G. Martina, M.D. vs. City of San Rafael
No. 93-10(b) - #7
No. 93-10(c) - #1 - Charles A. Bullock vs. City of San Rafael
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 7, 1993, AT 8:00 PM
Regular Meeting:
San Rafael City Council
Present: Albert J. Boro, Mayor
Dorothy L. Breiner, Councilmember
Paul M. Cohen, Councilmember
Michael A. Shippey, Councilmember
Joan Thayer, Councilmember
Absent: None
Others Present: Pamela J. Nicolai, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
ORAL COMMUNICATIONS OF AN URGENCY NATURE
I.LETTERS TO CITY COUNCIL RE: RELOCATION OF FIRE STATION #6 AND/OR LOSS OF MUNSON PARK -
File 12-3 x 9-3-31 x 9-3-66
Mr. George Orr, President of the Friends of Munson Park Association, handed letters to the
Council regarding the value of the Park, after reading them. He stated these letters
were from new and long-time voters and set forth neighborhood opposition to the idea
of moving the current Fire Station #6 and/or the loss of Munson Park as a park and
open space for the surrounding community. He noted the number of letters being
presented to Council is an indication of their deep convictions regarding the value
of Munson Park as a public park facility.
II.REQUEST FOR COUNCILMEMBERS TO PARTICIPATE IN CARAVAN TO STATE CAPITOL RE: STATE BUDGET
- File 8-5
Mr. Coleman Persily, representing SEIU, informed the Council there was to be a caravan on
June 16, 1993, to Sacramento State Capitol to stop the State from attacking the city
budgets and county budgets. He requested the San Rafael City Council and the Marin
County Board of Supervisors lead the caravan to Sacramento for this issue.
CONSENT CALENDAR
Councilmember Cohen moved and Councilmember Shippey seconded, to approve the recommended
action on the following Consent Calendar items:
ITEM
2a. Approval of Minutes of Special & Regular Meetings
of May 3, 1993, and Special Meeting of May 17, 1993
(CC)
4. Resolution Authorizing Below Market Rate (BMR)
Housing Agreement Between the City of San Rafael,
Housing Authority of the County of Marin and
Robert B. Ham, Inc., for Loch Lomond Unit 10
(Pl) - File 5-1-297 x 229
6. Resolution Amending Resolution No. 8771 Authoriz-
ing the Chief of Police to Apply for a State of
California, Office of Criminal Justice Planning
(OCJP) Crime Prevention Grant (PD) -
File 4-10-262 x 9-3-30
RECOMMENDED ACTION
Approved as submitted.
(Pulled from agenda and
put over to meeting of
6/21/93)
ADOPTED RESOLUTION NO. 8926 -
RESOLUTION AMENDING
RESOLUTION NO. 8771
AUTHORIZING THE CHIEF OF
POLICE TO APPLY FOR A STATE
OF CALIFORNIA, OFFICE OF
CRIMINAL JUSTICE PLANNING
(OCJP) CRIME PREVENTION GRANT
(in the amount of $63,332.00)
SRCC MINUTES (Regular) 6/7/93 Page 1
SRCC MINUTES (Regular) 6/7/93 Page 2
7. Resolutions Approving One -Year Contracts with Police
Rotation Tow Permittees to Tow Abandoned Vehicles:
(PD) - File 9-3-30 x 9-10-2 x 11-8
a. Redhill Towing and Auto Body, Inc.
b. Terra Linda Tow Service
C. Valley Tow
10. Approval of County Health Screening Van to Visit
Pickleweed Park Twice a Month (Rec) - File 13-1 x
9-3-66
11. Approval of Special Meeting Dates for 1993-94
City Budget (CM) - File 8-5 x R-103
ADOPTED RESOLUTION NO. 8927 -
AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
WITH REDHILL TOWING AND AUTO
BODY, INC. (thru 6/30/94)
ADOPTED RESOLUTION NO. 8928 -
AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
WITH TERRA LINDA TOW SERVICE
(thru 6/30/94)
ADOPTED RESOLUTION NO. 8929 -
AUTHORIZING THE SIGNING OF A
CONTRACT, LEASE OR AGREEMENT
WITH VALLEY TOW SERVICE (thru
6/30/94)
ADOPTED RESOLUTION NO. 8930 -
APPROVING MARIN COUNTY HEALTH
SERVICES MOBILE HEALTH
SCREENING CLINIC TO VISIT
PICKLEWEED PARK TWICE A MONTH
Approved staff recommendation
to set Special Meeting dates
for 1993-94 City Budget
Hearings - Wed., July 7;
Thurs., July 8 & Mon.,
July 12, 1993 - all meetings
starting @ 7:00 PM.
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Cohen (from Minutes of Special & Regular Meetings of
5/3/93 only due to absence from meetings.)
The following items were removed from the Consent Calendar for discussion:
2b.APPROVAL OF MINUTES OF REGULAR MEETING OF MAY 17, 1993 (CC)
Councilmember Breiner requested an amendment to the Minutes of the Regular Meeting of May
17, 1993, on Page 8, paragraph 3, fourth sentence, "Fire Chief Marcucci responded
staff could only speculate at this time, but felt if this were done (bridging over
the ditch at Del Ganado) it might decrease times anywhere from 20 to 30 seconds.
rather than ". . .increase response times. "
Councilmember Breiner moved and Councilmember Shippey seconded, to approve the Minutes of
the Regular Meeting of May 17, 1993, as amended.
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
3.AUTHORIZATION TO CALL FOR APPLICATIONS TO FILL TWO POSITIONS ON THE PLANNING COMMISSION
DUE TO THE EXPIRATION OF TERMS OF COMMISSIONERS RICHARD O'BRIEN AND JOHN STARKWEATHER
(CC) - File 9-2-6 x 9-3-17
Councilmember Shippey stated he would not be able to attend the Council Special Meeting of
July 6, 1993, at 6:30 PM, to interview applicants for the San Rafael Planning
Commission, and asked if this could be postponed to the subsequent meeting, July 19,
1993. Mayor Boro stated it was the policy of the Council on Planning Commission
appointments that there is a full Council in attendance, so he requested staff seek a
date when there would be a full Council in attendance and to publish the date
accordingly.
Councilmember Shippey moved and Councilmember Breiner seconded, to set a date subsequent
to July 6, 1993, to have the entire Council present to interview applicants for the
Planning Commission, at the earliest possible date.
SRCC MINUTES (Regular) 6/7/93 Page 2
SRCC MINUTES (Regular) 6/7/93 Page 3
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
S.RESOLUTION GRANTING SANITARY SEWER EASEMENT TO MICHAEL CRAFORD AT 10 MORGAN LANE, SAN
RAFAEL (PW) - File 2-3 x 9-3-40
Councilmember Breiner asked with regard to the enclosed letter from Mr. Robert Riley,
President of the Homeowners' Association, if there is a shorter connection that would
require less construction work in the street, why were they not requiring that?
Public Works Director Bernardi responded the request was made of the City because it
was the easiest way for the Crafords' to proceed. He stated he had discussed this
with Mr. Craford's engineer and to go the other way, as Mr. Riley suggests, would
mean that Mr. Craford would have to obtain a number of easements and dedicate those
to the San Rafael Sanitation District because they are in the County at that
location. He stated the only other consideration Mr. Craford has was that, according
to his engineer, he would have to pump the sewage from his property up into Morgan
Lane, so there would be extra maintenance costs associated with that. Mrs. Breiner
asked about the concern stated in 1984 that Villa Real was told that the sewer line
system was inadequate to handle additional connections? Mr. Bernardi stated he had a
sanitary engineer, Mr. Ed Nute, review the existing sewer lines within the area and
analyze that question. He stated Mr. Nute's letter was attached as part of the
Council packet in which he stated, "It is my conclusion that even with an allowance
for infiltration/inflow, these sewers have adequate capacity to accept the sewage
from the house at 10 Morgan Lane".
Mr. Bernardi stated one of the other concerns Mr. Riley had was that once Mr. Craford
connects to the sewer, that opens the door for the other properties to come down
through Villa Real, as opposed to going out through Country Club. He noted the
easement is being granted by the City to Mr. Craford directly and if it was going to
be a public easement, the City would be granting it to the Sanitation District for a
public main. He stated this is Mr. Craford's own sewer main and no one else would
have access to it. Mrs. Breiner asked if other property owners on Morgan Lane wanted
to come into the City and, then be non-specified, should the City put in a provision
that if, in the future, the people desiring to annex would not have to pay to do so?
Mr. Bernardi responded affirmatively and stated the other issue was that in order
for anyone else to use Mr. Craford's sewer line they would have to go through his
property. He then pointed out on the enclosed map where the easement was located and
stated this really only abuts the Craford property and not any other adjacent
properties, so no one else can connect into that line without either getting the
City's permission to cross over other City lands or to cross over the Craford
property to get into that easement.
Mrs. Breiner suggested the Council restrict this easement to this one property owner, with
conditions so that if there is a future annexation, these property owners would not
have to pay Mr. Craford for it. Mr. Bernardi stated the way this could be set up is
that any other use for this easement, other than by Mr. Craford or any of his
successors in interest, would require additional City approval. Mrs. Breiner stated
that requiring the City's approval could be one condition and the other would be that
the City would determine what the cost would be.
Councilmember Cohen clarified what they were stating was Council was not granting Mr.
Craford an exclusive easement. He stated he understood this meant the City would not
have any control over who Mr. Craford grants access across his property, but by
granting him an easement across City property, they were not making that exclusive
and if someone else can make use of that grant, the City would transfer the rights.
Mr. Bernardi stated also that if Council felt the price that has been suggested by
Mr. Craford is insufficient, that can be brought back to Council in terms of an
appropriate cost. Mrs. Breiner stated she felt they should pursue this further.
Councilmember Shippey stated he agreed with Mrs. Breiner, noting they have seen other
easements of this type from the Sanitation District to the City that seem to cost
much more. He stated he felt some explanation of what a reasonable fee was would be
in order.
Mr. Craford stated currently this was a power line right-of-way and the developer of that
area did not pay taxes on that property so the City picked it up. He stated the
property really has no use because of the high tension power lines over that area and
also a fairly large Marin Municipal Water District easement was located over that
particular piece of property, approximately 45' by 20' at the narrowest part of the
property.
Mayor Boro stated his concern about the cost of the appraisal being more than the value of
the easement and suggested, if Mr. Craford agrees to the suggestion made by Mrs.
Breiner as far as future use on this and it is stipulated by Council, that possibly
the current price would be acceptable. Mrs. Breiner stated she agreed with
SRCC MINUTES (Regular) 6/7/93 Page 3
SRCC MINUTES (Regular) 6/7/93 Page 4
that and asked if there was a way to structure this to make it a non-exclusive ease-ment?
Assistant City Attorney David Walker responded if there was a desire for the City to
reserve a right to an easement for their purposes or for future annexations, they
could reserve and accept the easement from the grant to Mr. Craford. Mrs. Breiner
asked if this meant the City was not giving this easement up totally and Mr. Walker
responded affirmatively.
Mayor Boro asked Mr. Craford if he would like to take more time to look at this
information it would be acceptable to bring this back. Mr. Craford asked if Council
could give him a firm proposal and Mayor Boro indicated they could not at this time
and suggested staff sit down with Mr. Craford between now and the next Council
meeting to work out these details. Mr. Craford agreed with this.
Councilmember Cohen suggested Mr. Bernardi could, in the meantime, get more information on
how they have set value on similar types of easements in the past without going
through an appraisal, which would be more than the amount they were discussing
tonight. Mr. Bernardi agreed.
Councilmember Breiner moved and Councilmember Shippey seconded, to bring this item back to
the next Council meeting on June 21, 1993, with more information after meeting with
Mr. Craford.
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
8.RESOLUTION ESTABLISHING BOYD/FALKIRK CAPITAL IMPROVEMENT TRUST FUND (Cult.Affs.) - File
139 x 9-3-84 x 9-3-66
Mayor Boro stated this item was pulled to allow Mr. Curt Hayden, Chairman of this group,
to speak on this issue.
Mr. Curt Hayden stated on behalf of the committee working to establish the fund- raising
campaign for the Boyd Gate House and the Falkirk Cultural Center, they wanted to
express their appreciation to the City Council for their deliberation on this
important Resolution and, at the same time, express their gratitude to the City of
San Rafael for all that has been done already in the past years to keep up both of
these important facilities.
Mayor Boro, on behalf of the entire Council, thanked Mr. Hayden and his committee for
their personal commitment and Mr. Hayden's personal donation to this, as well.
Councilmember Breiner moved and Councilmember Cohen seconded, to adopt the Resolution
establishing the Boyd/Falkirk Capital Improvement Trust Fund.
RESOLUTION NO. 8931 -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ESTABLISHING A FUND TO BE KNOWN AS THE BOYD/FALKIRK CAPITAL
IMPROVEMENT TRUST FUND FOR PRIVATE DONATIONS, GRANTS, AND
OTHER MONIES CONTRIBUTED TO THE BOYD/FALKIRK CAPITAL FUND-
RAISING CAMPAIGN
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
9.STATUS REPORT ON LIBRARY SEISMIC REPAIR PROJECT (Lib) - File 9-3-61 x 9-3-40 x 13-1
Councilmember Shippey stated the staff report indicated it would take five weeks to move
back into the Library, and noted his concern that the public did not realize how long
the Library will be closed. He asked what method was being used to publicize this to
make the public more aware of how long this process will take? Library Director
Stratford stated staff has been informing the public that it will be five to six
weeks that they will be closed and as soon as this recommendation is approved they
would get signs and flyers out to the public and noted it would be helpful if there
was an article in the newspaper about these dates.
Councilmember Cohen stated he did not want to see the Library closed for even five weeks
and asked if this was the shortest time frame possible? Mr. Stratford responded
affirmatively and stated if they were able to complete this work any sooner, then it
would be open sooner. Mr. Stratford stated there was a lengthy list of tasks that
needed to be completed prior to the Library opening up again after the remodeling is
finished and they also wanted to make sure the Library was safe and in good condition
and reconfigured prior to the reopening.
Councilmember Shippey moved and Councilmember Thayer seconded, to accept the staff
recommendation to close the Library from July 20, 1993 to August 24, 1993 to move
SRCC MINUTES (Regular) 6/7/93 Page 4
SRCC MINUTES (Regular) 6/7/93 Page 5
from temporary location at 901 "E" Street to permanent location at 1100 "E" Street, and to
set up and reconfigure the interior of the Library in its permanent location.
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
12.PRESENTATION OF CANAL AREA INSPECTION PROGRAM CERTIFICATE OF COMPLIANCE TO GARY AND
JOYCE RIFKIND, PROPERTY OWNERS OF 55 CANAL STREET (Pl) - File 10-2 x 9-3-17 x 13-1
Mayor Boro stated over the past year the City Council has started a program in the Canal
area with respect to Code Enforcement and after the Code Enforcement Officer inspects
the property, the Council recognizes those property owners who have cooperated with
the City and have their units completely brought up to code. He also congratulated
Mr. Tom Norman, part-owner and manager of this property.
Mr. Gary Rifkind congratulated the City on the manner in which they have set up this
program, because it has been done in a way that encourages property owners to review
their property, improve it and the program has been designed not to be punitive, but
to work with the owners. He commended and thanked Code Enforcement Clare Machado for
her cooperation and help in this program.
Code Enforcement Officer Machado stated it helped to have owners like Gary and Joyce
Rifkind to work with in the Canal area and hoped that other owners will follow this
example and continue to work toward progress on all of the other properties.
13.PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
TITLE 10 OF THE SAN RAFAEL MUNICIPAL CODE BY ADDING A NEW CHAPTER 10.85 ENTITLED,
"POLICE ROTATION TOWING SERVICES" (PD) - File 9-3-30 x 9-10-2 x 11-8
Mayor Boro declared the Public Hearing opened and continued the Public Hearing to the next
Council meeting, June 21, 1993.
14.UPDATE ON JOB CENTER (CM) - File 231 x 9-2-43 x 218 x 9-3-11
City Manager Nicolai stated that staff has been proceeding with all the details necessary
to open the Job Center after the Council's approval for the Use Permit. However, she
felt the more critical issue is that since those hearings, both before the Planning
Commission and the City Council, it has become evident through the press and actual
enforcement activities by the INS (Immigration and Naturalization Services) that they
not only had almost a one-third increase in INS manpower, as stated in the newspaper
articles, but carried out enforcement actions in San Rafael during the last few
months greater than the four or five years previous to that all combined. She noted
in keeping track of what the original agenda has been, that the City's goal was to
relocate the job seekers from the City streets to another location and that has been
their agenda, what staff has stated in the past is that the only reason they were
having to address this problem is that the INS was not staffed nor had it determined
that San Rafael was a high enough priority to carry out their enforcement actions and
help deal with the problem from a Federal level.
Ms. Nicolai stated as they proceeded ahead with this and met with the INS over nine
months, the INS reiterated that they were unable to do their job and, in spite of the
fact that they have verbally and vocally opposed the idea of the job center, they
have also reaffirmed that they do not have the manpower to do enforcement actions in
San Rafael, and now this seems to have changed. She stated she felt that because of
the changed circumstances there is a significant increase even though it is actually
only five enforcement officers, when it is added to the nine the INS had on duty and
their concerted effort in getting to San Rafael and dealing with this problem,
basically they are addressing the same issue that we wanted to address only coming
from a different tact.
Ms. Nicolai stated her feeling was that the Council should reconsider, in the sense that
if the INS continues a concerted effort at coming to San Rafael and dealing with
enforcement actions, not only with the job seekers themselves, but with the employers
who are violating Federal law by hiring undocumented workers, that the number of job
seekers on the streets will go down; however, that effort has to be somewhat
consistent and an ongoing basis. She stated if this does happen the problem has been
solved and she did not feel they needed to address this through the alternative of
the Job Center. She stated the staff recommendation was to defer actually
implementing the Job Center and this does not suspend or undo the approval of that,
but delays the implementation of that approval for approximately six months because
for any shorter period of time it will be impossible to get a sense of how committed
the INS is to continue their enforcement in San Rafael. She stated a letter was
included in the packet from the Regional Director of the INS Office stating their
philosophical approach and their commitment to being in San Rafael; however, the
truth will be in their actual actions over the next several months and in order to
SRCC MINUTES (Regular) 6/7/93 Page 5
SRCC MINUTES (Regular) 6/7/93 Page 6
determine if there will be an on-going commitment, they will need enough time. She noted
the INS was being diverted almost on a weekly basis by the boats that have been
coming in to this country on the West Coast and their resources are thin, but she
noted they have stated they have an increased level of manpower and if the public
will continue to keep pressure on the INS office and the Federal legislators, Senator
Barbara Boxer, Senator Diane Feinstein and Congresswoman Lynn Woolsey, this issue
will become a national issue and not just a local one. She stated staff's
recommendation was to consider deferring the implementation of this Job Center for a
period of three to six months. Her personal recommendation was six months because
three months would probably be too short to monitor an ongoing commitment and see
what happens.
Mayor Boro stated after the prior meeting approving the Job Center and once they saw the
increased effort by the INS, they felt it worthwhile to initiate conversation with
regard to it. He noted, for the record, this is at least the third time San Rafael
has had contact with the INS, who met with staff and discussed specifically that in
order to be effective, the INS needed to have a regular presence in the City. Mayor
Boro stated he agreed with the original letter they received from the INS Regional
Director that it was their business to decide how to report their progress to the
City so as not to compromise their activities. Mayor Boro noted they wanted them to
do this in a legal fashion and were looking for more presence, because the City has
seen this, especially with the Special Crimes Task Force in the Canal and the
downtown Police Department foot patrol. He stated they stated this to the INS who
assured staff they would attempt to do this. He stated that both he and Ms. Nicolai
agreed that if there was a way to solve the problem of job seekers on the streets
through the INS, then it would make sense to let that happen and he supported the
staff recommendation, but emphasized that if this does not work then the Council will
have no other recourse than to go forward with the Job Center.
Councilmember Shippey stated the debate about the Job Center has been whether it is going
to be successful or not in taking workers off the streets, but he felt that the most
effective course of action was for INS to continue their enforcement activities. He
stated he wanted to dispel the idea that the City has not been cooperative with the
INS by stating the City has always worked cooperatively with the INS and will
continue to do so. He stressed the fact that the reason Council was agreeing to take
this action was that the INS has made a semi -commitment to be present here due to the
pressure put on the INS from the public through phone calls and letters. He urged
the public to continue this pressure because that was making the whole process work
better.
Councilmember Thayer stated she agreed with Councilmember Shippey and Mayor Boro, and
stated a few years ago when they contacted the INS their response to the City was
that they could not be there because there was a limited number of agents and it was
through citizens' involvement that forced a bigger INS presence in the last two
months. She stated previously the INS has been to San Rafael three times in the past
three years and in the last two months they have been here four or five times which
did make a definite difference. She stated she could not see going forward with the
Job Center if this presence was going to remain; however, her only fear was that
should the Job Center disappear completely then the INS might not be here. She asked
the citizens concerned about this problem to keep up the pressure on the INS office
for more presence here. She stated she could not see wasting CDBG and Marin
Community Foundation funds on something that might become unworkable, given the
changed circumstances; however, she did counsel those who are in this country legally
and who are looking for work, to encourage EDD (Employment Development Department) to
expand their operations with regard to casual employment and this is a source where
employers could go to employee job seekers who are in this country legally and those
who are already citizens, for work for a day or two. She thanked staff for a very
good report.
Councilmember Cohen stated he has had some concerns about the Job Center and probably will
continue to have these concerns whether or not the INS is effective. He noted he
felt Council should find some way to be proactive and there were some existing
agencies out there whose charge is to do employment referrals, specifically the State
of California's Employment Development Department. He stated that mechanism for
employment referral satisfied all of his concerns about labor standards and he noted
that Councilmember Shippey was probably right that if the INS responds to public
demands for service, he felt they should attempt to focus some of that same effort in
getting EDD to do their job and to provide this type of referral service and
publicize both to the workers and the people that hire them that services are avail-
able through the Employment Development Department, in the Canal, and try to
encourage that process in the next three to six months.
Councilmember Shippey moved and Councilmember Breiner seconded, to accept the staff report
and take no action on the Job Center for a period of six months and review that
decision at that time.
SRCC MINUTES (Regular) 6/7/93 Page 6
SRCC MINUTES (Regular) 6/7/93 Page 7
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Under discussion, Councilmember Shippey asked Assistant City Attorney David Walker if they
were making progress on researching an anti -solicitation ordinance? Mr. Walker
responded he believed so, but this was being done by City Attorney Ragghianti and he
did not know the current status at this time.
Mayor Boro suggested the City Attorney's Office continue to pursue this, because Council
needed to keep all their options open and added he discussed this with Assistant City
Manager Suzanne Golt about the City initiating some discussions with EDD and some of
the social providers in the Canal, at least to direct them to refocus some of their
activities and some of their interests towards EDD and attempt to encourage EDD to
reach out to the community to serve these needs.
Ralph Merola asked if the City Council has done anything towards writing to Federal
legislators with regard to this issue. He stated approximately one month ago the
Marin County Board of Supervisors initiated correspondence to the President, two
Senators and this area's Assemblywoman Woolsey. He noted the recent news about the
large number of people who were attempting to enter the Country illegally and stated
this was an appropriate time for this City Council to adopt a Resolution or whatever
documents were needed to send to these Federal legislators.
Mayor Boro responded he has had discussions with members of two of the staffs, one of the
Senators and the Assemblywoman, and now that Council has made the decision to put the
Job Center on hold, he will explain what Council has done and, at the same time,
address the issue of immigration. Mayor Boro stated when staff talked to the INS
they admitted that the problem was because they did not have the resources to do the
job at the borders, not necessarily here in San Rafael. Mayor Boro stated he
intended to relay that dialogue and concern, that this issue is an issue of concern
to the City and the entire State, and he would look for the Congressional Delegation
to come together on this issue and address it. Mr. Merola asked if there would be
more weight to this issue if the City Council sent letters to the Federal legislators
regarding this issue?
Councilmember Thayer stated she has sent letters, starting in 1992 when all of these
candidates were running for the various offices, requesting their views on this
particular topic because it was of great concern to her along with other citizens of
California; however, she stated she never received a reply from any of the candidates
who did not want to address it. She stated she attempted to talk to some of them
personally, but did not get any response. Mrs. Thayer stated that maybe, with the
recent occurrences of illegal immigrants being brought into the San Francisco Bay
Area on ships, the Federal legislators will be more responsive at this time.
Councilmember Shippey stated he agreed with Mr. Merola's suggestion with regard to writing
to Federal legislators to make them more aware of this problem locally.
Ms. Nicolai stated staff has been in contact fairly constantly with Congresswoman Barbara
Boxer's office for the last couple of years, before she was elected to the Senate.
She noted these legislators do respond more to calls from their constituents than
they do to fellow public entities. She stated that what we need to understand is the
impact that this immigration problem is having on this country is only affecting six
states and when addressing this issue on a local level, it is important to get input
from other State legislators, as well as our own, to make the other states more aware
of this problem and possibly assist in stopping it at this time before it spreads to
the unaffected states.
Councilmember Breiner stated she agreed that individual letters and calls from
constituents mean a lot, but felt Council should pass a resolution or have Mayor Boro
send a letter representing the Council on this issue to all Federal legislators.
Mayor Boro stated he would draft a letter for all Councilmembers to review and then send
it out to the Federal legislators with regard to this issue.
15.DISCUSSION OF CLOSURE OF FIRE STATION #3 (CM) - File 12-3 x 9-3-31 x 9-3-66
Mayor Boro noted there were many people in the audience from the Friends of Munson Park
Association and stated that the Fire Station #6 issue is not related to the closure
of Fire Station #3. He stated whatever decisions are made on one issue will not have
an influence on the other. He stated Council had received the letters from the
Friends of Munson Park group and that issue will be pursued and dealt with at a later
meeting.
Councilmember Shippey asked if there was a date that could be given to the Munson Park
Association, indicating when this issue would be brought to Council? City
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Manager Nicolai responded she had originally asked that it come back to the second meeting
in June; however, based on some of the letters staff has received, they are
attempting to do some time estimates and analysis of alternative sites to Munson
Park, which will take some time. She stated they also wanted to have neighborhood
meetings, once this data is put together. She stated the decision to move Fire
Station #6 is independent from the issue on Fire Station #3 and noted she did not
want to rush the issue on Station #6 because it is basically a 30 year decision,
which is the amount of time they are foreseeing that this station will be at its new
location. She stated she wanted to give the community time to gather all the
information and discuss this with staff before making a decision on it.
Councilmember Shippey then asked if Ms. Nicolai was thinking of bringing this back to the
second meeting in July? Mayor Boro responded with the suggestion that the City
Manager and Fire Chief work on gathering the timing information and then meet with
the community groups before bringing this back to Council. Ms. Nicolai stated the
time analysis could probably be done in the next week or more for a couple of the
alternative sites and then when the data is pulled together they need to schedule the
meetings with the community. She stated the time needed for this item was not as
urgent as the Budget, at this time, and Station #6 is not related to the budget
issue. Mr. Shippey stated his concern about advising the citizen groups as to when
they will be meeting with staff and the Council. Mayor Boro stated Council has
received a letter from the Friends of Munson Park asking that they be informed and
receive minutes of meetings, and this has been put in place.
Ms. Nicolai then summarized the staff report for possible closure of Fire Station #3. She
stated that in the process of developing the City Budget this year it has been one of
the more challenging to date and several factors have gone into the reason why the
City is at the point is at now. She stated one issue was that these budget issues
have been developing over the last four or five years with a combination of factors.
She stated not only has the economy had an impact on the City's revenue sources, but
the State budget balancing exercise has had very direct impacts on the City of San
Rafael, many of which have been unpredictable, very swift moves at taking local
property tax and shifting it out of the City's control into the State arena. She
stated they have always considered through the budget reductions that staff has dealt
with over the last several years that Police and Fire are top priority and there is
no way that policy has changed; however, in looking at how staff has basically
destroyed other areas of the City's services in dealing with anticipatory steps that
staff took to addressing this problem, they have been able to somewhat project some
of these difficulties and freeze vacant positions. She stated this last year they
offered early retirement as an incentive to create vacancies and some employees have
availed themselves of that. She stated staff has met with all the bargaining units
in an attempt to negotiate a furlough program, which was accepted by the
Miscellaneous Employees and Management and Mid -Management, but not the Police and
Fire non -management employees. She stated every effort has been made to attempt to
create opportunities and vacancies and downsize the organization through mechanisms
that did not result in actual firings and/or lay-offs. She stated that while this
has had a long-term disseminating impact on some departments, it has not been through
actual pink slips and laying off people, it has been through anticipating the
problems and creating those opportunities.
Ms. Nicolai stated in looking at this year's budget, because of the magnitude of the cuts
that staff was facing, it did not seem possible to not evaluate what was happening in
the Safety Services departments. She then emphasized that dealing with the Safety
Services, particularly in the Police Department, has been done in the past to a large
extent. She stated they have shifted a significant extent in the past in two major
areas - going from a strict beat structure in the Police Department to a more
directed patrol, which basically uses a computer analysis of the times and the
numbers of calls for service, and then the resources are reallocated to cover those
peak times and start shifting all the schedules to better utilize the manpower. She
stated, in addition to that, they have evaluated things that were done by sworn
officers who tend to be the more expensive employees and found certain kinds of
workloads can be carried by non -sworn Police employees. She stated, for example,
sometimes when Police Officer vacancies occurred they created a Police Services Aide
and let them do certain things such as taking burglary reports and non -emergency,
non -sworn types of activities. Ms. Nicolai stated, in addition to this, there have
been cuts in service levels in that the type of issues that call for a police report
has diminished in magnitude of what officers will respond to which might require a
report to be taken.
She stated in the Fire service staff has been monitoring in the last few years, there has
been a dramatic shift in the nature of the Fire service and in looking at the
statistics of what is happening in the Fire Department, Council has been made aware
that a significant amount of the calls are now revolving around the medical services
area, as opposed to the fire response, which has forced staff to look at what is
occurring in the nature of those services and stating there might be a better way to
deal with this changing environment with regard to calls for service and maybe the
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traditional way these services have been provided in the past is not the most cost
effective way.
Ms. Nicolai stated staff has looked at all the Fire stations, the location and response
times of which has as much to do with geography as anything else, and they have
always felt that the placement of Fire stations has also historically evolved, not
necessarily out of a fire science approach. She stated many of these were, for
example, dedicated by a developer and placed where it is for various reasons, not all
of them related to the response time configuration. She stated they have a situation
in Terra Linda where staff has been looking at relocating Fire Station #3 for several
years. She noted that recently as a development project went through on Smith Ranch
Road, a condition of that development was that a piece of their property was
dedicated to the City as a future fire station location because of full knowledge
that Fire Station #3 and Fire Station #7 are too closely located and it would better
serve the community, particularly as development occurred further north, to relocate
that station farther north. She stated the City has also had a 20 year agreement
with Marinwood where they have provided first response into the northern part of San
Rafael, west of the freeway, so that the Twelveoak Hill and the Mont Marin area have
Marinwood as their first responding units.
Ms. Nicolai stated that in looking at the fact that the City was considering relocating
Station #3 to farther north, there would be, even with that maneuver a diminution in
service in any areas right immediately adjacent to the Fire Station. She stated
relocating this station to Smith Ranch Road would bring the response time from one
minute to three minutes on Joseph Court and Professional Center Parkway, but Fire
Station #7 in that area is able to respond between a two and a four minutes response
time, all of which are well within quality standards of any response time arena.
Ms. Nicolai stated that in addition to this, what they needed to look at was rather than
being tied to Fire Stations as the only way to provide service, that the real
analysis shows that the dramatic increase in calls for service throughout the
community is in medical. She stated rather than feeling completely attached to fire
station locations, the issue is how do we shift and do a better job of emphasizing
the change that is occurring in the nature of the calls and deal with the medical
responses which do not need to be done purely through fire station locations; they
can be done through Paramedic units, through private ambulance services, etc., which
is where we should be putting our resources and addressing the shift that is
occurring in the environment of fire services. She stated the combination of all
those factors has lead her to feel that closing Fire Station #3 would not, in any
way, diminish beyond a quality level of service, the service that is being provided
in the Terra Linda area with an expansion of the City's agreement with Marinwood for
that part north of Joseph Court, expanding the District from Station #7 up to Joseph
Court and west of the freeway near Drakes Terrace, and spreading some of the response
up to Fire Station #6.
Ms. Nicolai stated Fire Chief Marcucci has some statistics on the total volume of calls
and noted what they will find is that with the total volume of calls that Fire
Station #3 is handling right now and, in looking at the historical distribution, the
distribution would lead to an additional call every other day, or a half a call per
day, to the three other locations. She stated the question has been raised, "What
will happen if you get a call simultaneously?" and noted that could occur in any
department of any size with any number of stations, which is the function of dispatch
and mutual aid and other types of situations where there is one particular unit,
including Paramedics, on a long type of call and there is another unit that needs
back-up. She stated the volume of calls being handled by these stations at this
point in time does not show that there will be a large magnitude of simultaneous
calls. She stated the real critical factor in the simultaneous calls is probably
more related to Paramedic services and/or medical services and she felt there were
other ways of addressing that service level than just maintaining existing fire
stations.
Ms. Nicolai stated her overall feeling was that the budget situation the City is facing
with the State is creating and forcing us to re-evaluate the way the City is
providing services. She stated the message she was hearing from the community is
that the City should constantly be looking at more efficient and cost effective ways
of doing business and providing services to this community. She stated she felt this
was her responsibility as the City Manager, but she did not feel comfortable
recommending to the Council something that she felt would in any way jeopardize the
public safety and health, which is her priority. She stated that the nature of the
services being provided by the City has changed and the City needs to re-evaluate how
they are providing these services. She stated the recommendation being presented to
the Council tonight is a viable one and they have provided an alternative to that.
She stated the big difference is that the fire station closure, while she felt it was
a reasonable one, will not put the public's lives in jeopardy in any way. She noted
they could go to a two -person company at Fire Station #3 and keep it open; also go to
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a two -person company at Fire Station #2. She stated both of these stations have primarily
first response to medical calls and many other jurisdictions function with two people
on an engine company in most of Marin, except for Novato. She stated they strongly
encouraged that some of the other Fire Stations remain three-person engine companies
because of the nature of the equipment being used, as well as the primary service
areas that are being served, but this alternative does require that the City meet and
confer with the Firefighters' Association, and fire unions throughout the State and
maybe nationwide have traditionally fought going to two -person engine companies or
have fought to go up to three-person engine companies. She stated that in looking at
the history of those two stations and the nature of their fire responses and medical,
for the last two years the majority of the first responsi-bility in their district
has been even 100% medical, that can be handled in those two areas quite well with a
two -person engine company. She stated the longer term solution was to address the
fact that the City does not need to have Fire Station #3 open to deal with the nature
of the service level in that area, but we do need to seriously look at reconfiguring
the way we are providing medical services throughout our community.
Councilmember Thayer stated she had a concern with regard to the number of calls indicated
in Fire Chief Marcucci's report which stated approximately 68% of all calls for
services in Fire Station #3's District were medical in nature, 32% were miscellaneous
and there were no structure fires since 1992. She stated that if the difference is
that dramatic regarding the Paramedic services, she felt that one of the issues
Council should be looking at is putting some type of Paramedic service north of the
"hill", as well as south of the "hill", because it was her understanding that the
engines respond with the emergency medical crew on -board and then they have to wait
for the Paramedics. She asked what the response time was for the Paramedic unit that
comes up from downtown San Rafael after the EMT unit arrives? Chief Marcucci
responded the assumption cannot be made that a Paramedic unit is in a specific fire
station the entire day or a fire engine, too, waiting for these calls to come in. He
stated the fact was the Paramedic unit might be at Kaiser Hospital or Marin General
or any other fire station, so the response time is normally from the fire station to
the emergency center. He stated the standard that Marin County imposes on the Fire
Department is that the Paramedic unit must be on the scene in 10 minutes in 90% of
requests for service and they have been able to accomplish this with the exception of
approximately seven or eight times a month and at those times they are responding
from Kaiser or Marin General Hospital which would make that a longer response time.
He stated that from the average, they are arriving on the scene if dispatched
simultaneously probably within three to four minutes after the engine arrives on the
scene. Mrs. Thayer asked was it also possible that all of the engine companies could
be elsewhere? Chief Marcucci responded affirmatively.
Mayor Boro asked Chief Marcucci to describe for the Council's benefit, as well as the
audience, the difference in the level of care that is provided by the engine company
arriving first on the scene. He stated it was his understanding that all the engine
companies had some medical training to start medical treatment prior to the
Paramedics arriving and taking over the treatment. He noted the engine companies and
Paramedics work well together. Chief Marcucci stated all the engine companies have
EMT1 personnel, along with the Automatic Defibrillators, so on the emergency scene
the firefighters, if they find a person with a certain heart rhythm, can put a
defibrillator on them that is automatic in nature. He stated the Paramedics do not
need the Automatic Defibrillator because they are trained to read rhythmias, but the
engine company personnel can defibrillate. He stated what the engine companies
cannot do, that the Paramedics can do, is administer the medications and the
competency of the Paramedics is higher than that of the firefighters simply because
of the more extensive training they have gone through. He stated the firefighters
are very adequate in their ability to handle 90% of the calls. He stated of all the
medical emergency calls they respond to, one-third are transported by the Paramedics.
Councilmember Cohen stated he felt it would be helpful if Chief Marcucci could do a rough
response time map showing the change in response time with the station closure, to
see what the overall impact will be with this possible closure. He stated it would
be interesting to get some idea of the number of calls, over the past couple of
years, that have gone through Fire Station #3, and what the number of calls have been
at the other stations and what the distribution of those calls would be to the other
stations. He stated Ms. Nicolai indicated to him there were approximately 600 calls
to Station #3 and asked if Chief Marcucci would be able to tell how many of those
would go to what location under this closure proposal? Chief Marcucci responded in
1991 Fire Station #3 responded to 734 calls and in 1992 to 631 calls. Chief Marcucci
stated for the first five months of 1993, Station #3 responded to 258 calls. He
noted after calculating these numbers, he found 619 calls in 12 months as an
approximate projection. He stated that of those 258 calls during the five month
period, 195 or 76% were medical in nature and 24% or 63 were of other types of calls.
He stated that if they closed Fire Station #3, Marinwood would handle about 186 of
these calls which would increase their response .46 times a day. He stated Fire
Station #7 at the Civic Center would handle 180 which would increase their call
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volume .50 and Fire Station #6 would handle 204 which would increase their response per
day to .56. He noted these were rough calculations. Mr. Cohen asked if .56
indicated one-half a call per day and this would average 1 call every other day? Ms.
Nicolai responded affirmatively.
Mr. Cohen stated, in order to weigh this information, it might be helpful to know where
the number of calls that are generated now and assigned to Fire Station #6 come from?
He stated the projection of an increase on Station #6 by 200 in one year, how many
are they handling now? Chief Marcucci responded he did not have that information
with him tonight. Mr. Cohen stated it would be helpful to know that and a related
question then is the issue of simultaneous calls. He stated if they would be going
from four engines to three engines, did Chief Marcucci have an historic record of how
many times two out of the three engines from Terra Linda have been out on different
calls, not as back-up? Chief Marcucci stated he did not know if they could get those
statistics, but would try to do so. Mr. Cohen stated, as Ms. Nicolai stated, this
was going to happen no matter how many stations there are and how many engine
companies are available, there will be some times where everything happens at once,
and noted it would be helpful to know with the four stations how many times this
would happen and whether they could predict this activity and how much of an impact
that would have.
Councilmember Breiner asked Chief Marcucci what the nature of the miscellaneous calls were
and, if they are not medical, how are they described? Chief Marcucci responded, for
example, a baby locked in a car with the engine running, someone fell out of bed with
no injuries, a smoke scare, an alarm sounding and after arrival find it is a
malfunction, etc. He stated these are not structure fires or vehicle fires, but more
of a miscellaneous type that do not belong in any particular category.
Councilmember Shippey asked if the information was correct from Chief Marcucci that one
out of three calls through the Fire Department requires Paramedic attention? Chief
Marcucci responded every medical call that comes into the Fire Department is
prioritized. He stated some calls require Paramedics to go and other calls require
an engine company to go backed up possibly by an ambulance, but the majority of the
calls that come in require the Paramedics and engine companies respond
simultaneously. Mr. Shippey asked if three-fourths of all calls were medical? Chief
Marcucci responded that one-third of all those calls Paramedics respond to require
transportation to medical facilities. Mr. Shippey then asked how does this work out
numerically overall? Chief Marcucci responded the County of Marin keeps these
statistics and the Paramedics in 1992 transported a little over 2,000 times.
Mr. Shippey stated the City has eight Fire Stations, counting Marinwood, and only one
Paramedic unit, which seems out of balance. He stated that, as Councilmember Thayer
stated, we need some type of Paramedic service (north of the "hill") and although it
is correct that they cannot assume where this unit will be at all times, it was
logical to him it should be located in northern San Rafael in the Terra Linda area
simply because that is the other major geographical division of the City from where
the current service is located now. He stated he hoped they would look at how this
might be obtained, but it does not necessarily mean we need to establish a new unit,
but there might be other ways.
Ms. Nicolai responded we should look at how to expand Paramedic capabilities and not
necessarily through the traditional procedure. She noted the only personnel who
could do that are fire engine companies. She stated while the City has a high volume
of category calls, there is also evolving, to a certain extent, an abuse of this as a
public service.
She stated if the medical calls are monitored, a huge amount of these are coming from
senior residential care and/or convalescent hospitals that are basically becoming
somewhat reliant on the City's Paramedics to do what, she felt, their staff should be
responsible for. She noted there is not only an increase in the number of calls for
service, but these calls should be monitored to regain some control over what the
nature of those calls are, because it can be as simple as someone in a senior
residential facility falling out of a wheelchair and instead of the staff assisting
them to get back into the wheel chair, they are calling the Fire Department for
assistance as they have been directed to do. She stated this needed to be fixed and
when discussing duplicate calls, when the Paramedics or an engine company are tied up
dealing with these kinds of calls, this is not appropriate use of the Paramedic
services when they should be handling life safety issues.
She stated one of the Fire Commissioners is working on developing some educational
criteria and standards to work with the senior residential homes and convalescent
hospitals in setting up some standards that could possibly be monitored through
dispatch and/or dealt with through another mechanism. She stated this could become a
financial problem because the liability is being moved from them to the City. She
stated she did not feel this was the City's responsibility and then the Department
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could focus on not only bringing the number of calls down, but also the type of calls
where the Paramedics are most critically needed.
She stated the growing problem with the overall medical care in the community is that many
people are no longer able to afford medical insurance and there are a significant
number of calls for the Paramedics and engine companies to respond to calls that are
similar to doctors' check-ups. She stated that as Paramedic services expand as a
component of the public sector, the City needs to find methods of containing this
before it becomes too expensive to provide. She stated it was important to maintain
some controls over this to keep the expenses from escalating.
Councilmember Shippey stated he still felt the community needed Paramedic service north of
the "hill". Ms. Nicolai stated this was needed throughout the City. Mayor Boro
stated the City has a Paramedic system that was established and voted on by the
residents, which is funded by a special tax. He stated if this is to be re-
evaluated, this is the procedure to use to determine if a re-evaluation is needed.
Councilmember Shippey stated Chief Marcucci looked at possibly closing other fire
stations, particularly Fire Station #2, which is mentioned in the staff report. He
asked Chief Marcucci why Fire Station #3 was selected as the primary station for
closure? Chief Marcucci responded the location of Fire Station #7 at the Civic
Center is 1.5 miles from Fire Station #3, whose response time is approximately two
minutes. He stated because of this, it did not seem necessary to have a fire station
1.5 miles from another, due to the area around these stations. He stated Fire
Station #3 needed to be moved further north or another form of service level needs to
be increased further north. He stated that Fire Station #3 was built in 1960 and
some years later when they entered into the contract with Marin County for CSA -19
Fire Protection, the Civic Center site was part of the agreement that the Department
entered into with the County Board of Supervisors. He stated this was not the best
site at the time, but due to that agreement the station was built at the Civic
Center. He stated now in looking at Fire Station configurations, the Department
needs to move Fire Station #3 further north or contract with Marinwood Fire Depart-
ment or another scenario that would improve the level of service to the total
citizens of San Rafael. He stated he felt they should concentrate on the entire City
and not just one location. He noted the property taxes residents are paying include
coverage of the entire City.
Councilmember Shippey stated the alternative Chief Marcucci stated actually was not to
close a fire station but to go to two -person crews. He then asked what the safety
issue was in decreasing the calls responded to, particularly if they are medical in
nature? Chief Marcucci responded the two -person station proposal is an alternative
for Council to view. He stated closing a fire station is a major decision for this
Council to make and a two -person fire station might be a better route to go because
nobody will lose their job and everyone retains their rank structure. He stated with
regard to the safety issue, there are many fire departments in Marin County operating
with two people. He noted when the calls are predominantly medical in nature, there
can be a system put in that results in more engine companies being called for a
structure fire, for example, to put more people at the scene. He stated the safety
issue occurs on a fire call when they enter the structure, which means there should
be a fairly fast response time for back-up units. He stated this was not an easy
decision to make, but had to be made due to the upcoming budget restraints. Mr.
Shippey stated he understood that, but what he understood Chief Marcucci stated was
that if they decided to go to two -person crews this would result in adequate back-up
and the ability to keep a fire station open, as well as more flexibility. Chief
Marcucci responded affirmatively.
Councilmember Shippey asked if they do go with the two -person crews, would staff be able
to come to a consensus with the Firefighters' Association in four weeks? Chief
Marcucci responded that if they wanted to maintain the rank structure and all their
jobs they will agree, but if they do not then there will have to be a closure of a
station.
Councilmember Breiner commended City Manager Nicolai and Chief Marcucci for a very good
report on a difficult issue. She suggested looking at studies that have already been
done with other jurisdictions for methods to approach the medical calls. She stated,
to a certain extent, some of the medical calls for service are a result of a change
in the Smith Ranch Homes from the original intent of it being a full spectrum of care
on-site; whereas, now, the Skilled Nursing Facility is many blocks away and if that
were closer by it would probably increase the availability of use of nurses, which is
included in many other nursing facilities in Marin County where there is the full
range of medical care available.
Councilmember Breiner stated she was pleased to see a reasonable alternative proposed for
Council and will be supportive of the alternative which would give a few stations
two -person crews and filling some of the four floating positions that were frozen
which would mean that there would be more personnel at Fire Stations #2 and #3. She
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stated she would like more information about this. Chief Marcucci stated he felt they
were fortunate to have on the Fire Commission a physician who is assisting in dealing
with the convalescent hospitals in ways that the Department itself is not able to
handle.
Mr. Christopher Desmond, President of the San Rafael Firefighters' Association, stated the
Firefighters' Association was disturbed by the reports from the City Manager and the
Fire Chief, not because of the specific content, but more about the process by which
this is all being done. He stated they felt, like the Friends of Munson Park, these
alternatives are too narrow in scope and the report before the Council is biased and
not objective, with significant inaccuracies in it. He then gave Council a letter
from the Association indicating their concern with regard to the process with which
this issue is being considered. He stated the San Rafael Firefighters' Association
is not opposed to the closure of Fire Station #3 or the down -sizing of the Fire
Department; however, because this is a very serious step to take they felt the scope
of the considerations here and the options before Council are far too narrow and a
broad-based approach needs to be considered. He then addressed some of the
inaccuracies that the Association observed in the City Manager's report. He noted on
Page 2, second paragraph, it states, "The Police and Fire Associations (unions) did
not agree to the package offered in January. . ." which refers to furloughs, and
stated the Firefighters' Association was never offered a furlough package in January.
He stated a letter was sent to them reiterating the City's furlough proposal of
October 30, 1992. He stated the 1993-94 furlough proposal offered at that time
contained the unacceptable condition of forcing the Association to accept the City's
last best offer for the 1992-93 contract as a part of a two-year package containing
these furloughs. Mr. Desmond stated this was the only furlough package that was
offered to the Association and it was implied in the City Manager's remarks that this
station closure would not have been necessary, had the Association accepted the
furloughs. He stated Ms. Nicolai has characterized what had occurred.
Mr. Desmond stated the reference to the Hughes-Heiss report was also misleading. He
stated the Hughes-Heiss report's recommendation in respect to the closure of Fire
Station #3 can be found on Page 17 in the Fire Department Section of the Hughes-Heiss
report, which states, "Relocate and consolidate Stations #3, #7 and convert one
engine company to a Paramedic unit." He stated this idea has obvious merit, as
reflected tonight by Councilmembers Shippey and Thayer. He stated that nowhere did
the Hughes-Heiss report recommend the closure of Fire Station #3 in the manner
proposed by the Fire Chief and City Manager. He stated on Page 2, the fifth
paragraph, the City Manager stated, ". . fire -related (calls) have significantly
diminished." He referred Council to Page 5 of the Hughes-Heiss report, where it was
clearly shown that fire calls were increasing over the past few years, with the most
dramatic increase in the area of structure fire responses. He noted on Page 3 of the
staff report, the third paragraph which states, "The closure of a fire station does
not require that we meet and confer . . .". He stated what the City Manager is
referring to in this paragraph was that it does not require the City to "meet and
confer" with the Fire Association.
Mr. Desmond stated that, while technically correct, if viewed narrowly enough, this
statement is also very misleading. He stated the Firefighters' Association agrees
that there is no "meet and confer" requirement over the decision of management to
close a fire station; however, the City is obligated to "meet and confer" on the
impact of such a decision. He stated this "meet and confer" obligation will have to
be resolved prior to implementation, like any other "meet and confer" obligation.
Mr. Desmond stated that in Chief Marcucci's report he also attempted to add credence to
his proposal by referring to the Hughes-Heiss report on Page 2, the fourth paragraph
of his report. He stated the Fire Chief fails to point out in this report that the
difference between his approach and the Hughes-Heiss report's approach is so great
that it makes these two approaches incomparable. He stated the difference was one
approach contains the Paramedic unit, additionally north of the "hill" and the other
does not, which is very, very significant. He noted this was what Hughes-Heiss
recommended.
Mr. Desmond stated the fifth paragraph on Page 2 uses percentages in a misleading way to
down play the fire threat to the City and the fire costs have not been reduced, but
in fact continue to rise. He noted Page 5 of the Hughes-Heiss report states this
clearly. He also stated that in the fifth paragraph, the Chief stated, ". . there
were no structure fires . . ."(a two year period of 1991-92). He stated in 1991
there were two structure fires in Fire Station #3's district and, in addition, Engine
#53 responded as a part of the first alarm assignment to an additional nine structure
fires. He noted in 1992, instead of 0 structure fires, as stated by the Fire Chief,
there were actually 6 structure fires in Station #3's district. He stated that in
the first six months of this year, alone, there have been 4 structure fires in this
district, with an additional 4 first alarm responses. He stated this included the
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apartment house fire on February 1, 1993, that resulted in a fire death, that was in Fire
Station #3's district.
Mr. Desmond stated the Firefighters' Association has carefully considered the proposals
presented to the Council tonight by their two administrators and they believe that
many other alternatives exist to substantially reduce the Fire Department's budget
without the reduction in service levels provided in the safety to the public, such as
recommended by the Fire Chief's proposal. He stated while they continue to work on
developing alternative options to this proposal, the Firefighters' Association wanted
to point out that everyone - management, Council, staff and the Firefighters'
Association - are working at a severe disadvantage. He stated they were speaking of
the lack of long-range planning, the lack of goals, objectives and City-wide inter-
departmental priorities. He stated the City Manager and the Fire Chief readily refer
to the Hughes-Heiss report and "isolated" recommendations for specific changes that
happen to coincide with their agenda, while for the past year they have taken no
action to implement the more meaningful and fundamental changes that their report
repeatedly calls for. He stated the Hughes-Heiss study was costly, but valuable. He
noted it was thorough, accurate and professional in its preparation, and was accepted
by the City upon its completion. He asked why, then, have the City Manager and the
Fire Chief ignored the most fundamental recommendations? He stated in the Hughes-
Heiss report it calls for a "comprehensive 5 -year plan to be developed", and though
this is in the financial section of the report, it has direct reference to every
department in the City. He stated this plan would include a comprehensive evaluation
of "levels of staffing" - City services, the need for their continuation, expansion,
reduction or other modifications. He stated the Hughes-Heiss states, ". . important
policy decisions should be driven by this 5 -year financial plan". He stated the
study asserts that this is essential to the proper management of this City and goes
on to recommend that updates and revisions to this plan should be accomplished on an
annual or a bi-annual basis. He noted that while they acknowledge that the current
financial situation of the City has been changing rapidly and accurate levels of
projects for the future are difficult, at best; however, it is precisely because of
this that the City needs to develop a priority base, in addition to the financial
base in the Long -Range Plan. He stated they needed to establish priorities for the
entire City. Only with carefully established, philosophical based priorities, he
noted, can anyone make important decisions such as those affecting the public safety
and be assured that their decisions are consistent with the overall community needs,
desires and, above all, life safety. He stated in the absence of such established
priorities, the Association felt it was unwise to make hasty and substantial changes;
however, the Firefighters' Association is working hard to develop several cost-saving
alternatives and requests a serious forum in which to present these and have their
ideas considered.
Mr. Ben Ross, member of Friends of Munson Park, requested time for his daughter, Maurika,
to speak on saving Munson Park. Maurika asked Council to save her park.
Ms. Mary Hallman, member of Friends of Munson Park, stated, with regard to the discussion
centered around Fire Station #3 and the availability of Paramedic services in the
Terra Linda area, in their discussions with Fire Chief Marcucci he talked about
locating a Paramedic unit in Fire Station #6 if it was relocated to Munson Park. She
stated if this did occur, then the calls would go from 200 to 500 or 600 calls per
year.
Councilmember Cohen asked Fire Chief Marcucci for a clarification on the issue regarding
if Fire Station #6 is relocated to Munson Park or another alternate location will
there be provisions for a structure that would accommodate a future Paramedic unit.
Chief Marcucci responded affirmatively. Mr. Cohen asked whether the idea of Fire
Station #6 getting a Paramedic unit was not tied to the move to Munson Park, like
Fire Station #3. He stated it made sense to build a structure that could accommodate
a Paramedic unit, if the funding became available at a later date.
Mayor Boro stated the staff, Fire Chief and City Manager have undertaken this effort
because the upcoming budget will take an additional $1.8 million out of the City's
budget as a result of take-aways and the recession. He stated everyone needs to keep
in mind that the City's goal was to find approximately $400,000 in the Fire
Department and find it in a way that does not compromise the level of service to the
public. He noted the effort made by the Fire Chief and City Manager has been
predicated on the first premise that safety is first. He stated the next issue is
how to accommodate the savings and he felt government today cannot continue to do the
job the way it has been done in the past. He noted citizens keep saying they want
change in government, which is being forced to change in many ways because of the
funding structure. He stated the City needs to find better ways to do the same job
and as good a job with less resources. Mayor Boro stated the City received a letter
from the League of Women Voters regarding consolidation of services throughout Marin
County, which discussed the duplication of school districts, fire districts, sanitary
districts, police, etc. He noted he was surprised that of the 112 respondents to
SRCC MINUTES (Regular) 6/7/93 Page 14
SRCC MINUTES (Regular) 6/7/93 Page 15
this report, 58% were in favor of consolidation of districts and their first choice was
fire districts. He stated they have had a form of cooperation with another district
within Marin County and San Rafael in providing response. He stated he would be
reviewing the letter from the Firefighters' Association, but the main issue was to
start dealing with the funding issue. He noted they had two proposals for this
project and, if the Council and staff has to "meet and confer" this will be a long
process and he recommended both parties put these issues in the past and look towards
the future and how this problem can be resolved to the benefit of the public safety.
He suggested the Fire Chief and City Manager meet with the Firefighters' Association
to review these issues and get back to Council as soon as possible with responses to
what has been brought up at this meeting. Mayor Boro noted that they wanted to
maintain a high quality of service and the safety of the citizens of San Rafael takes
priority, but at the same time Council needs to find a better way to do this job with
less resources.
Councilmember Shippey stated he thought both he and Councilmember Cohen, as well as the
other two Councilmembers, had raised some questions they would like answered at a
later date. He then stated he wanted to clarify if the two alternatives mentioned
would give the same level of safety coverage as keeping Station #3 open. He stated
that as Councilmember Breiner stated, they would not like to close a fire station,
but wanted to explore all the alternatives carefully.
Councilmember Thayer stated she wanted to explore the possibility of two -person engine
companies, but would also like some input with regard to the Firefighters'
Association's concern about possible alternatives and suggestions that they may have
in this process. She noted the staff report was very good and offers two
alternatives.
City Manager Nicolai stated she did request through a message to the Firefighters'
Association a month ago if they had any alternatives, they should be submitted to her
in writing so she could review them and nothing has been forthcoming as yet. She
then noted because she has more than one department to address with regard to the
upcoming Budget, she has had "Brown Bag" lunches for the employees about this subject
where the Firefighters did not attend and if special mechanisms have to be set up to
deal with all the issues in one department when there are many similar issues in
other departments with a greater degree of cooperation, she requested through the
Chair that before the "meet and confer" with the firefighters, staff has a chance to
review this issue, as well, to save time.
Councilmember Breiner moved and Councilmember Cohen seconded, to accept the report, and,
as part of the motion, if there are Firefighters' Association ideas that they want to
bring forward as additional information, that those should be brought to the City
Manager within a week.
Councilmember Cohen stated Council needs to make a decision on this anyway and if the
Firefighters' Association has information on this it should be brought to Council as
quickly as possible. He stated he felt that if any other ideas come from them after
one week, they should be considered, too. He stated he understood why these
decisions should not be made in haste, but unfortunately Council has been put into a
position where they have to evaluate and ask questions they have not had to ask in
the past of what level of public safety is acceptable and what level of public safety
can the City afford. He commended Chief Marcucci for taking a serious, hard look at
this and suggesting this station closure, but if it is a more efficient way to
deliver service and protects public safety, they were obligated to consider this.
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16.REVIEW OF THE COUNTYWIDE PLAN DRAFT ENVIRONMENTAL IMPACT REPORT (EIR) (Pl) - File 191
x 10-2
Planning Director Pendoley stated the Council has been tracking this issue for
approximately two years and staff was at the point where Marin County has issued a
draft Environmental Impact Report (EIR). He stated staff has reached an agreement
with Marin County whereby they developed an interim policy for the St. Vincent's/
Silveira property which essentially allowed it no development, and that was a way of
recognizing that the City has an ongoing study underway that will be included in the
General Plan Amendment. He stated a problem that related to this was that the County
also did not allow any traffic capacity to this property and thus the property has no
recognition at all in the EIR. He explained that what this means was that a year
from now staff will be attempting to negotiate upwards from 0 trips or 0 traffic
impact. He noted CEQA gave them a way to do that, which is this property should be
studied for its traffic impacts in that part of the EIR that deals with cumulative
impact. He stated that if Council agrees with this assessment, they propose to send
a letter to Marin County to that affect.
SRCC MINUTES (Regular) 6/7/93 Page 15
SRCC MINUTES (Regular) 6/7/93 Page 16
Councilmember Shippey moved and Councilmember Breiner seconded, to accept the report and
transit comments to the County.
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
17.RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE VARIANCE APPLICATION TO OPERATE
PERMANENT HOUSEHOLD HAZARDOUS WASTE FACILITY (FD) - File 4-3-32 x 13-2 x 115
City Manager Nicolai stated staff has been working with Marin Sanitary for the last
several years to develop a master use permit for all of their properties and
initially said to them they should pursue getting the permit or having as part of
this Master Use Permit the idea of accepting household hazardous waste because that
seemed to be the wave of the future and the City should go through this process once,
rather than numerous amendments. She stated that in the interim in order for Marin
Recycling to accept hazardous waste, Patty Garbarino of Marin Recycling and Forrest
Craig of the Fire Department have been working together on a variance application to
get a permit from the State of California and this variance application will, in
affect, give them that permit.
Forrest Craig, Deputy Fire Marshal, San Rafael Fire Department Fire Prevention Division,
stated his division has been working conceptually with Marin Recycling to expand the
existing battery, oil and paint program and create a permit household hazardous waste
collection and consolidation facility under a cooperative agreement. He stated what
the Council had before them at this meeting was a resolution which would authorize
the City Manager to execute a variance application with the State of California,
Department of Toxic Substances Control, to operate a permanent household hazardous
waste collection consolidation facility in cooperation with Marin Recycling.
Mr. Craig stated under the Permit Variance as proposed, the City would act as a generator
for all household hazardous waste received from San Rafael residents. He noted as a
generator for that household hazardous waste, the liability is minimized in that most
waste collected is to be recycled, negating them being disposed of as a hazardous
waste. He stated in addition, the anticipated household collection facility would
further reduce liability by implementing a waste exchange program whereby residents
could pick up latex paint, pesticides, aerosol paints and other consumer products in
their original packaging for reuse. He noted this would again minimize waste
disposal and long-term liability on the part of the City.
Mr. Craig stated the Tanner Legislation also provides an immunity clause for governments
when acting as the generator for household hazardous waste programs. He stated by
approving the Resolution, it would enable the City and Marin Recycling to jointly
apply for the required variance from the California Department of Toxic Substances
Control, avoiding costly variance application fees of approximately $10,000. He
noted potentially the City should receive approval to operate prior to anticipated
implementation of more stringent regulations and permit application processes
scheduled to take place before the end of this year, 1993.
He stated that the Hazardous Materials Division, in the decision to continue this program,
would work with staff and Marin Recycling to develop a facility operations plan, a
government industry cooperative agreement and budget proposal to be presented to the
Council for consideration at a future date.
Councilmember Breiner asked if this would cost the City anything other than Mr. Craig's
time and involvement? Mr. Craig responded negatively.
Councilmember Shippey stated he felt this was a great idea and asked if this Resolution
would tie the City to the Countywide JPA for solid waste management, but would allow
the City to go ahead with its own Hazardous Waste collection site, regardless of
whether the City is acting on its own or with the rest of the County? Ms. Nicolai
responded that this is completely independent of the JPA, but not inconsistent with
whether or not the City wants to participate. She stated this gives the City an
option to have a facility in San Rafael that can serve the City only and/or be an
approved location in a permanent site to be part of the County JPA; so she stated
this keeps both options open.
Mayor Boro stated this was consistent with the proposal that was put together with Novato
that the City would pursue on a "cafeteria" basis those things the City wanted to do
and the City found it more beneficial to do it on its own, and we would have that
ability and facility to do this on our own. Ms. Nicolai stated she found that this
was one of those services where a cluster of five defined jurisdictions served by
Marin Sanitary might choose to do it in this manner. She stated the large benefit
that this particular permit would give Marin Sanitary and the City that other
applicants and competitors for this Countywide Household Hazardous Waste program
SRCC MINUTES (Regular) 6/7/93 Page 16
SRCC MINUTES (Regular) 6/7/93 Page 17
would not be able to provide the same way is by having this facility where the garbage is
actually hauled to. They can do delayed checking which is set up in an independent
location where the loads are not brought in, but people would just bring their
household hazardous waste and then have the expense of that operation separate from
the ability to use the similar staff at that same location to be checking the loads
and really dramatically reducing what is in the waste stream for the safety of the
workers at the landfill itself. She noted this was why she felt this was a great
thing to pursue jointly with the County and later on, the implementation of this
would come back as a separate program including the cost. This was just a suggestion
and not a commitment to any program at this time.
Councilmember Cohen stated he felt the City was fortunate to have an operation like Marin
Recycling in this County and commended Forrest Craig for his work on this project.
He stated this was a very good example of public and private partnership.
Councilmember Cohen moved and Councilmember Shippey seconded, to adopt the Resolution.
Under discussion, Councilmember Thayer stated this was an excellent report and felt this
was a significant move toward San Rafael meeting its AB 939 requirements. She stated
the Household Hazardous Waste Collection days given by the County now are totally
ineffective and she would not like to rely upon them as the City's sole vehicle in
reducing the hazardous waste stream. She asked with regard to small business
generators, if there will ever be any move in the future to deal with some of the
waste from small businesses that have a real problem in shipping hazardous materials?
Mr. Craig stated Patty Garbarino and he have discussed this and found this has been
discussed as a part of the Master Use Permit. He stated it is an accepted practice
and an encouraged practice under the permit variance to do this and he believed that
Marin Recycling would be very interested in doing this as an additional phase of this
project. Mrs. Thayer stated this was brought to Council with regard to the liability
issues whenever they were dealing with any type of hazardous material. Mr. Craig
responded this would happen under the agreements and the proposal before it is
brought to Council.
Councilmember Shippey asked for clarification from the Executive Summary that Mr. Craig
referred to with regard to commercial small quantity generators, and are there
provisions specifically addressed to that type of generator? Mayor Boro stated this
would be addressed at a future date.
Ms. Patty Garbarino, Marin Recycling, thanked Fire Chief Robert Marcucci for this idea and
for the window of opportunity and his support, and Forrest Craig for his able
assistance in this proposal. She stated this project has been five years in the
works and they have not made any progress at the County level. She stated they are
continuing to work on this project because it is ruining the environment, and the
small commercial generators are the largest cost to the City in terms of illegal
dumping. She stated it was important that some site for this dumping be found at
this time.
RESOLUTION NO. 8932 -AUTHORIZING THE CITY MANAGER TO EXECUTE A VARIANCE APPLICATION
WITH THE STATE OF CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES
CONTROL TO OPERATE A PERMANENT HOUSEHOLD HAZARDOUS WASTE
COLLECTION AND CONSOLIDATION FACILITY IN COOPERATION WITH
MARIN RECYCLING
AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM:
I.RESIGNATION FROM EAST SAN RAFAEL NEIGHBORHOOD TASK FORCE - File 9-2-43 x 218 (VERBAL)
Councilmember Breiner informed Council that Lynn Davis was resigning from the East San
Rafael Neighborhood Task Force and expressed her surprise that this was still
continuing to be staffed to a great extent by City staff members, and she felt that
if this Task Force wanted to continue, they should be continuing on their own. She
noted she hoped that the City could withdraw itself from this Task Force. Mayor Boro
responded that he and Councilmember Shippey are still meeting with this Task Force
the first Tuesday night of each month and this group is now working on bylaws, which
include the role of the City, and the consensus seemed to be that this group would
like to be independent, but would like to withdraw from this relationship with the
City over the next year. He noted they are aware that the City will start removing
staff fairly soon within this year and he and Councilmember Shippey will probably
continue to attend over the next year, but the group is looking for a representative
of the Council on this committee with no actual City staff support. He stated this
will be brought back to Council once they have a set of bylaws to review.
SRCC MINUTES (Regular) 6/7/93 Page 17
SRCC MINUTES (Regular) 6/7/93 Page 18
Councilmember Shippey stated his understanding from this group was that they would like a
continued City presence, but at the same time they are willing to separate themselves
from the City which he agreed with.
Mayor Boro stated he disagreed with Councilmember Shippey's remarks in that he understood
the group's desire was to have the City continue giving input to them, but overall
the feeling was that they wanted to function like any other neighborhood association,
which was their goal.
II.ST. VINCENT DE PAUL SOCIETY DINING ROOM - File 9-2 x 10-2 (VERBAL)
Councilmember Cohen gave an update on this item, stating St. Vincent's Advisory Committee
was exploring a new concept and rather than taking the existing facility with its
attendant problems, or perceived problems, and relocate them to another neighborhood
which may be an unpopular concept in that area, they were looking at the possibility
of St. Vincent's changing the model of how they deliver their service. He stated
there were some that are very successful. St. Vincent de Paul Society has a program
in Phoenix, Arizona, which has been very successful where they have done a
distribution food service and, in addition to solving some of the problems here in
San Rafael, it could lead into a future vision of homeless service in Marin County
where they might eventually have the five-day service centers distributed throughout
the County and they can deliver food to those locations, instead of bringing everyone
together at one location. He stated the group had a meeting recently with a couple
of the service providers and there was some real interest expressed. He noted it was
clearly not going to be efficient and possibly not economically feasible for St.
Vincent's to rent and operate five different dining locations, or perhaps find people
willing to provide space and maybe some staffing so they can then deliver the food.
He stated they had a few people interested and are trying to set up another meeting
for this upcoming Friday, 6/11/93, to determine whether they can get all the players
involved and if it seems like there is interest and support among service providers,
then they will probably have some type of public forum on this to put this to the
community and see what type of support the group will get for this approach. He
stated the Committee was trying to build some support from the community before they
discuss any specific locations. He stated St. Vincent's ultimate goal was to move
away from "B" Street.
Councilmember Shippey stated this was a large concern with the residents of San Rafael.
Councilmember Cohen stated they were, in fact, looking for another site and, for
example, if Hamilton Field was to become available, it would be ideal for this
service. Mr. Cohen stated there was a suggestion from the media of a location in
southern Marin which would combine some new homeless service with kitchen facilities
and St. Vincent's has been encouraged to look at that location.
Councilmember Thayer asked Mr. Cohen if he was talking about several locations throughout
Marin County? Mr. Cohen responded they were looking at locations through- out San
Rafael; however, he stated they have the right to operate at their present location
and they own the building and it would be difficult if the City tried to abate a
location that has been in place for 12+ years. Mr. Cohen stated one of the
understandings the committee has is that St. Vincent's is in a stable position now
and the committee needed to find another stable location and the only locations that
we control are those within the City of San Rafael; however, the problem is
Countywide and St. Vincent's would rather distribute the food out on a Countywide
basis, but the committee has not control over that because they are dealing with the
situation in San Rafael. Mr. Cohen noted his focus was that they have 200+ people
coming to the "B" Street dining room in what could be a prime retail district and he
would like to relocate this in many different locations, instead of one location.
Councilmember Cohen stated the problem remains that there are the hard-core homeless,
maybe 100 of the population, who use the dining room who enjoy harassing people and
create the problem for the retailers and customers. He noted that they would like to
relocate that service and the satellite operation that serves those people food is
going to be a problem no matter where it is located, but this has to be done at some
point. He noted ideally this operation will not be located in downtown San Rafael.
There being no further business, the meeting was adjourned at 10:45 PM.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF , 1993
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 6/7/93 Page 18