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HomeMy WebLinkAboutCC Minutes 1993-11-01SRCC MINUTES (Regular) 11/1/93 Page 1 IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 1, 1993, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a Closed Session not held. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 1, 1993, AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council 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 David B. Walker, Assistant City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE RE: STATE LEGISLATURE MATTERS - File 116 x 9-1 Vivien Bronschvag, State Assemblywoman, presented retiring Councilmember Dorothy Breiner with a Resolution from the State Assembly, which acknowledged her many accomplishments and service on behalf of the City of San Rafael. CONSENT CALENDAR Mayor Boro announced that Item 10, the second reading and final adoption of the No Smoking Ordinance, will be pulled from the Consent Calendar and taken up under Old Business. Councilmember Cohen moved and Councilmember Shippey seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Approved as submitted. September 20, 1993 (CC) 3. Authorization of Call for Application to Fill Approved staff recommendation. One Position on the Marin/Sonoma Mosquito Abatement District Due to Expiration of Term of John Govi (CC) - File 9-2-9 5. Loch Lomond Unit #10: (PW) - File 5-1-297 RESOLUTION NO. 9045 - ACCEPTING a. Resolution Accepting Grant of Sanitary GRANT OF SEWER EASEMENT FROM SHARON Sewer Easement from Sharon Lee King LEE KING, TRUSTEE OF THE KING INTER- VIVOS TRUST II b. Resolution Authorizing Execution of RESOLUTION NO. 9046 - AUTHORIZING Grant of Sanitary Sewer Easement to San EXECUTION OF GRANT DEED OF SANITARY Rafael Sanitation District SEWER EASEMENT ON SHARON LEE KING'S PROPERTY (AP #16-121-11) TO THE SAN RAFAEL SANITATION DISTRICT C. Resolutions Accepting Storm Drain Easements 1 RESOLUTION NO. 9047 - ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - CYNTHIA D. PERLIS (AP #16-121-17) RESOLUTION NO. 9048 - ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - ROLAND JOHNSON AND DORA JOHNSON (AP #16-121-10) RESOLUTION NO. 9049 - ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - DENNIS R. MADSEN & HELEN K. SCHWAB (AP #16-122-07) SRCC MINUTES (Regular) 11/1/93 Page SRCC MINUTES (Regular) 11/1/93 Page 2 RESOLUTION NO. 9050 - ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - JEROME P. LUCEY & CAROL A. LUCEY (AP #16-122-08) RESOLUTION NO. 9051 - ACCEPTING GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF STORM DRAIN - ALVIN M. GOLDSTEIN, JR. AND KAYE GOLDSTEIN (AP #16-122-09) 6. Resolution Authorizing Expenditure of RESOLUTION NO. 9052 - AUTHORIZING $33,000 from the Park and Recreation Facili- THE EXPENDITURE OF $33,000 FROM THE ties Fund for the Renovation of Pickleweed PARK AND RECREATION FACILITIES FUND Park Turf (PW) - File 9-3-65 x 9-3-66 x 8-5 FOR THE RENOVATION OF PICKLEWEED PARK TURF 9. Approval of Annual Parking Meter Holiday Approved staff recommendation. from Friday, November 26, 1993 through Monday, December 27, 1993 (RA) - File 11-18 11. Resolution Authorizing the Signing of An RESOLUTION NO. 9053 - AUTHORIZING Agreement with Kim R. Blackseth, dba Kim R. THE SIGNING OF AN AGREEMENT WITH KIM Blackseth, Interests, Inc. as Consultant to R. BLACKSETH, INTERESTS, INC. (From the City on Disabled Access Regulations (CM) - (11/1/93 to 10/31/94) File 4-10-273 x 13-1-1 12. Contractual Position for Falkirk/Boyd Capital Approved staff recommendation, auth- Campaign (Lib/Cult. Affs) - File 9-3-84 x 2-1-9 orizing staff to create a temporary x 8-5 (18 month) part-time Development position to assist with the Falkirk/ Boyd Fundraising Campaign. 13. Resolution of Appreciation to Janet Nibbi, RESOLUTION NO. 9054 - RESOLUTION OF Engineering Technician, Public Works Depart- APPRECIATION TO JANET NIBBI, ment, Employee of the Quarter (July 1, 1993 EMPLOYEE OF THE QUARTER (July 1 - through September 30, 1993) (CM) - September 30, 1993) File 102 x 7-4 x 9-3-40 14. Resolution Agreeing to Participate in aRESOLUTION NO. 9055 - APPROVING THE Regional Application for a Block Grant from APPLICATION FOR GRANT FUNDS FROM THE the California Integrated Waste Management USED OIL RECYCLING FUND UNDER THE Board to Encourage Recycling or Appropriate USED OIL RECYCLING ENHANCEMENT ACT Disposal of Used Oil (CM) - File 13-2 x 4-3-32 AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following items were removed from the Consent Calendar for discussion: 4.RESOLUTION ACCEPTING PROPOSAL FROM INFRASTRUCTURE MANAGEMENT SERVICES, INC. (IMS) FOR PAVEMENT MANAGEMENT PROGRAM UPDATE FOR ANNUAL STREET RESURFACING (PW) - File 4-3-267 x 11-1 x 11-15 Councilmember Thayer inquired if this particular program is not for streets but is for sidewalks. Public Works Director Bernardi explained that it is for the actual street pavement itself. What they are adding to the program at this time is a side- walk inventory, something which the Risk Manager has recommended. Councilmember Thayer moved and Councilmember Cohen seconded, to adopt the Resolution accepting the proposal from IMS. RESOLUTION NO. 9056 - ACCEPTING PROPOSAL FROM INFRASTRUCTURE MANAGEMENT SERVICES FOR UPDATING PAVEMENT MANAGEMENT PROGRAM FOR ANNUAL STREET RESURFACING IN THE AMOUNT OF $66,658.00 AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey. Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 7.RESOLUTION APPROVING A BELOW MARKET RATE (BMR) AGREEMENT RE: LOCH LOMOND #10 (Pl) - File 229 x 5-1-297 SRCC MINUTES (Regular) 11/1/93 Page 2 SRCC MINUTES (Regular) 11/1/93 Page 3 Councilmember Thayer stated she wanted to make sure that all of the corrections were made and that Lot #9 was to be used for the BMR units instead of Lot #19. She noted that on the first page of the BMR Agreement there were two corrections, and Lot 22 has been changed to Lot 9. She stated that was not clear when she read through the material originally, and there was some confusion as to which lot was to be used. Planning Director Pendoley stated that Lot 22 was a typo. Councilmember Thayer moved and Councilmember Cohen seconded, to adopt the Resolu- tion authorizing the signing of the BMR Agreement for Loch Lomond #10. RESOLUTION NO. 9057 - AUTHORIZING SIGNING OF BELOW MARKET AGREEMENT RE: LOCH LOMOND #10 BETWEEN THE CITY OF SAN RAFAEL AND ROBERT H. HAM, INC. (Lot 9) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8.REPORT ON BID OPENING AND AUTHORIZATION TO PURCHASE ONE NEW 1994 SEVEN PASSENGER MINIVAN FOR POLICE DEPARTMENT (Fin) - File 4-2-277 Councilmember Thayer stated she is not questioning the low bid, but is wondering if we checked Consumer Reports and frequency of repair records on the equipment we purchase, or do we just go for the least expensive. City Manager Nicolai explained that normally we develop specifications which are fairly generic, and once we have developed them on a certain type of vehicle or equipment, we then go by low bid. Councilmember Thayer asked if staff ever checks with other cities on their experience with certain equipment, and Ms. Nicolai responded that we do not. Councilmember Shippey noted that we have at least one Chevrolet minivan at present, so we have had experience with this equipment. Councilmember Breiner inquired should staff be looking at Consumer Reports to start with, and then develop specifications which would cover several different vans which may have a better track record than others. Ms. Nicolai responded she could check with the City Attorney's office to see if that is possible. She noted that sometimes Consumer Reports can get a little pickier on some issues which might not be important as far as our type of specifications are concerned, and we have to be very careful that we are not precluding, without some documentary evidence, that a certain vendor is eligible to compete for that bid. She stated she will follow up. Councilmember Thayer inquired about gas mileage on the various pieces of equipment which we purchase. Ms. Nicolai replied she is not sure, but will check. Councilmember Breiner moved and Councilmember Shippey seconded, to adopt the Resolu- tion authorizing the purchase of a seven passenger minivan for the Police Department. RESOLUTION NO. 9058 - AUTHORIZING PURCHASE OF A SEVEN PASSENGER CHEVROLET MINI -VAN FROM SONNEN MOTORS UTILIZING "CANAL NEIGHBORHOOD CRIME PREVENTION GRANT" FUNDS ($17,583.64) AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATIONS 15.PRESENTATION OF RESOLUTION OF APPRECIATION TO JANET NIBBI, ENGINEERING TECHNICIAN, PUBLIC WORKS DEPARTMENT, EMPLOYEE OF THE QUARTER (July 1 through September 30, 1993) (CM) - File 102 x 7-4 x 9-3-40 Presentation of the Resolution of Appreciation was made to Janet Nibbi by Mayor Boro, as Employee of the Quarter. 16.PRESENTATION OF CANAL AREA INSPECTION PROGRAM CERTIFICATE OF COMPLIANCE TO: (Pl) - File 10-2 x 9-3-17 x 13-1 a.Kenneth So, Property Owner of 420 Canal Street, and/or Dana Sansing. SRCC MINUTES (Regular) 11/1/93 Page 3 SRCC MINUTES (Regular) 11/1/93 Page 4 Certificate to be mailed. b. Gabriella Ricci, Property Owner of 509 Canal Street. Held over to November 15, 1993 meeting. C. Scott Bassin, Property Owner of 516 Canal Street, and David Stein. Presentation was made by Mayor Boro, with thanks for their cooperation in the program. He also expressed thanks to the Planning Department and Code Enforcement Officer for their success in conducting this program. 10.SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1653 - AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING CHAPTER 8.14 OF TITLE 8 IN ITS ENTIRETY, AND REENACTING CHAPTER 8.14 OF TITLE 8 PROHIBITING TOBACCO SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT AND REGULATING THE SALE OF TOBACCO PRODUCTS (CA) - File 13-4 x 9-3-16 x 13-1 Mayor Boro stated this is the second reading and final adoption of this Ordinance. He noted the Ordinance was passed unanimously by the Council at its first reading at the previous Council meeting. He added that he understands several people wish to speak on this issue. Sam Saran, manager of Sam's Cheaper Grocery in the Canal area and a board member of the CCA (Canal Community Alliance), stated that his company does not condone smoking by minors, and they make responsible sales. Their system includes checking ID's, and if they are under age, the sales are automatically refused. He noted that the intent of the provision in the Ordinance for locking up the cigarettes is to prevent access by minors. The intention is fine, but the method will not serve the public. He noted there are good retailers, and bad retailers, and higher fines should be introduced for the bad ones. He added that with the locking system, the clerk still has to un- lock and sell the cigarettes, and it is not locks but the conduct of retailers which will prevent the sale to minors. He urged the provision in the Ordinance regarding locking the cigarettes be abandoned. Bill Najmark, owner and operator of Brothers Pizza and Pasta, stated there are tre- mendous discrepancies in the Ordinance, and he has spoken with a few Councilmembers about them. He stated he is a smoker, and feels smokers are being made out to be second class citizens without equal protection under the law. He stated that whether these laws have been passed in other towns, or in the County, it does not affect him as much as having them in the town in which he has lived and worked. He added he has spoken with City Attorney Ragghianti, Assistant City Attorney Walker and with City Manager Nicolai. He recommended that if the City wants to do a service to this community, they should take a bold step and ban cigarette sales entirely, or ban them entirely from all indoor public places. Mr. Najmark noted there is a discrepancy between what is allowed in restaurants, and what is allowed in hotels, and he feels that the people who still smoke should be allowed to go to a restaurant for a meal and enjoy a cigarette. He stated his res- taurant is now closed Mondays and Tuesdays, and he intends to open the restaurant two days only to smokers only. He is asking for the right as a business owner to market his food and services as he wants. He stated it is still legal to smoke and to drink in bars, and he has spoken to a number of attorneys on that issue, and there is no rational reason for the exemptions in the Ordinance. He noted that the employees in the restaurants and bars are not being protected. Mr. Najmark stated he agrees with the ban on smoking in most public places, but it should be done all the way, and people should be given their civic rights, and as the Ordinance is written, it is not fair. He noted that 500 of his customers smoke, and the rule should be fair for everyone. Businesses should be given the option of oper- ating without smoking by choice. He suggested if the Council wanted to make it no smoking under 18 years, it would be more acceptable than it is right now. He does not think that cocktail lounges or bar/restaurants should be exempted. He asked that the Council revisit their thoughts on this Ordinance, and he will be sending a written amendment to the Ordinance this week and asked that the Council delay their vote until that time. Rick Kropp, Executive Director of the Northbay Health Resources Center on Belvedere Street in San Rafael, which has operated community health education programs in Marin and San Rafael for about 20 years, stated one of their current projects is "STAMP" - Stop Tobacco Access for Minors Project. He explained the program focuses on the major public health problems caused by the widespread illegal sale of tobacco to minors, and easy youth access to tobacco. He stated his organization believes there is a need for the locking of the cigarettes in stores. He added that one reason young SRCC MINUTES (Regular) 11/1/93 Page 4 SRCC MINUTES (Regular) 11/1/93 Page 5 people use tobacco as they do is that they can buy it just about anywhere, and almost half of the stores in San Rafael sell tobacco to minors, based on an undercover tobacco buying survey. He added the youth steal a lot of cigarettes as well. Mr. Kropp reported that while smoking rates are going down in this country for adults, they are going up for the youth, particularly teenage girls. He noted that Penal Code #308, which is supposed to prevent sale to minors, is not enforced due to lack of manpower for sting operations. He stated that STAMP has strong law enforce- ment support. He noted that the regulations in this Ordinance regarding restricting sale to minors have proven to be very effective in preventing sale of tobacco to minors and in preventing shoplifting. He noted that records show that at the same time that they have reduced sales to minors, they have not caused financial harm to the merchants. He also mentioned that there are payoffs from the tobacco companies to merchants for selling quantities of tobacco products. Mr. Kropp urged the Council to adopt the Ordinance. Ned Roscoe stated he works for the Customer Company, who run the stores called "Cheaper" and is the cigarette buyer. He stated that Sam's store is one of their customers, and they merchandise the cigarettes as part of the total package of the store. He explained that one of the ways they are able to call themselves "Cheaper" is because they are able to sell goods quickly, and if they slowed that down at the checkout, it would cost them more to operate and it would become difficult to sell their goods at such low prices. He stated it is ludicrous to say that there are payoffs, and all that the companies pay for is the stores doing a good job in pre- senting their products to the adult smoker. He added that they probably have the largest contracts per store of any chain in Northern California. He stated he is a nonsmoker. He referred to the sample grocery bags he had brought and pointed out that there are reasons printed on the side of the bag why people should quit smoking, but they know a lot about serving the customer who smokes, and that is the way they merchandise the store. He stated that the messages you get out to people should be important, and putting these restrictions on the grocery business is bad. He stated good behavior should be encouraged. Mark Matthews, a resident of San Rafael and an architect and designer, stated he has been enjoying living in the County for many years but has not enjoyed going to smokey restaurants and having to leave them because his eyes and throat are burning, and having his four children exposed to smoke, as well as his clients and friends. He stated that as an architect he has designed many environments and ventilation sys- tems, and he knows how difficult it is to separate one area from another with zoned ventilation. He added that to have an area where you say one part is smoking and the other is non smoking, and you think the smoke will not travel across, that is ludicrous without good ventilation, and even with it. He stated that because of the smoke problem, he has not been able to take his family or his clients to restaurants in San Rafael as much as he would like. He added he has been enjoying the rest of the cities in the County which have become nonsmoking, and would like very much to come back and be able to have dinner in San Rafael. Mr. Matthews thanked the Council for going as far as they have on this Ordinance, and stated he hopes they will stick with this tonight, as have the other cities and counties throughout the State, in the interest of public health. He noted this is a public health, and not a business, issue. Ms. Janet Kray, who is also connected with Project STAMP, provided a few statistics. She stated that in Larkspur they had pre -Ordinance buying by minors of 710, which went down to 19% after the Ordinance was passed. In Tiburon it was 36% before the Ordinance and went down to zero. In Mill Valley it went from 40% down to 12%. She added that they have several cities who did not pass the comprehensive youth access Ordinance, but in the case of Novato, they had 4% pre -Ordinance buying rate which is very low and is the result of an aggressive campaign by the Novato Drug and Alcohol Prevention Council, and they did not think those provisions were necessary. However, several months later, after the educational program had been gone for awhile, the rate had gone up to 30%, so Novato is considering changing the Ordinance. In Sebastopol, it was the same situation, with a buying rate of 45%, which went up to 54% after they did not pass the youth access provisions. They also are going to strengthen their Ordinance. Ms. Maureen Hudson spoke, who is with the Friday Nigh Live Youth Commission and works with San Rafael High School and Davidson Middle School. They are located on Belvedere Street. She stated that the young people in this community are buying tobacco products and are being exposed to them. She noted the advertising and availability of the tobacco products in the stores are attractive to the youth. She has asked groups of youth about the attraction, and they say they are role modelling and availability. She stated there is much work being done with Youth Advocates on this issue, and she applauds the Council in taking this action. She noted that cigarettes SRCC MINUTES (Regular) 11/1/93 Page 5 SRCC MINUTES (Regular) 11/1/93 Page 6 are not a grocery item. Councilmember Cohen stated that where government has to step in is where individual freedoms conflict with the public good, and with other peoples' rights which are infringed upon. He noted you can still smoke, but just do not have the right to do it in San Rafael in an area which affects other people. He added that his intent in supporting a one-year delay for the restaurants with a cocktail lounge, is to allow them sufficient time to plan for and incorporate into their business plan and allo- cate the resources to make that change. He stated he does not believe there should be any extensions to that. Councilmember Cohen noted that while locking up the cigarettes will increase costs in the stores, it is for the public good. Also, the clerk -assisted sales is a dis- incentive, and that is what we are trying to achieve. It is a dis-incentive to have to ask for the cigarettes. He stated he supports the Ordinance as written. Councilmember Thayer stated that with regard to the self-service merchandising and the vendor -assisted sales, she thinks the biggest deterrent for young people as purchasers is that it is up to the clerks to enforce the law, and she thinks it is reprehensible when they do not. Councilmember Thayer stated she has a small concern as to whether this would be construed as a ban on advertising, or could be so construed. She noted there was an analogous situation where people did not want to see certain materials in news racks. You cannot remove the news racks under the First Amendment, but you can put a cover over them. She stated there is a principle involved, and she is wondering if this could be construed as a ban on advertising, notwithstanding some of the arguments to the effect that young people might steal. She stated she is not particularly swayed by that argument. Assistant City Attorney Walker stated he has not come across any cases suggesting whether this would be a First Amendment problem, proscribed as a ban on advertising. He believes this could be enforced in the manner in which it is written. He added that when a product is harmful within itself, you can either contain it totally or make restrictions, and that has been upheld. It is not a violation of equal pro- tection, as long as there is reasonable basis for the classification. Councilmember Thayer noted it has been brought up that we are not enforcing by law with regard to vendors of cigarettes, and she wondered if we could "beef up" our protection that way. She stated she is happy with the Ordinance, and she considers this a health issue. Councilmember Breiner stated she has no problems with the Ordinance as it is written. Councilmember Shippey stated he would have liked it more restrictive, but he feels there is a strong argument for being consistent with the County and the other juris- dictions within the County, and he is in favor of it as it stands. Mayor Boro stated he received a shopping bag tonight, and he finds the printing on it totally out of step with a lot of things which are going on in the County. He noted that the operator of this store said they are very sensitive to who smokes and who does not, and this is a bag which says, "Consider Smoking". He noted it is from a chain called "Cheaper", and some of the comments on it are very misleading and seem contrary to everything which has been purported by this firm. He quoted, "Life is Terminal - Smoking will not affect your mortality - Avoiding cigarettes will not insure terminal life - If it makes your life better, smoking will help you more than it hurts you - People who quit smoking become jerks". Mayor Boro noted that there is a disclaimer on the bag which is required by the Federal Government on tobacco pro- ducts, that smoking may be hazardous to your health, but it is on the bottom and in very small print. He stated he finds it hard to believe that someone can say that they were very concerned about youth when they sell their groceries in bags which seem to promote smoking. It seems very contradictory. He stated that as good community citizens, he feels they should consider not using a bag like this. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL REPEALING CHAPTER 8.14 OF TITLE 8 IN ITS ENTIRETY, AND REENACTING CHAPTER 8.14 OF TITLE 8 PROHIBITING TOBACCO SMOKING IN PUBLIC PLACES AND PLACES OF EMPLOYMENT AND REGULATING THE SALE OF TOBACCO PRODUCTS" Councilmember Cohen moved and Councilmember Shippey seconded, to dispense with the reading, to refer to it by title only, and to adopt Charter Ordinance No. 1653 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro SRCC MINUTES (Regular) 11/1/93 Page 6 SRCC MINUTES (Regular) 11/1/93 Page 7 NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 17.MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY (CM) - File 13-2 x 115 City Manager Nicolai noted that at the October 4, 1993, Council meeting, staff had brought forward the "Novato" version of the Hazardous and Solid Waste Joint Powers Agreement (JPA), and at that time indicated to the Council that staff felt we should withdraw from the current MOU (Memorandum of Understanding) because the next day they were planning on awarding a contract for household hazardous waste which staff felt should be issued through the JPA once it is created. The communication from San Rafael was sent to the County the next morning, and the County has subsequently deferred awarding of that contract. Ms. Nicolai added that she and Councilmember Thayer had attended a meeting that next Friday which included representatives from most of the 23 agencies which would be members of the JPA. They discussed the "Novato" version, and also she (Ms. Nicolai) outlined some of the issues the City of San Rafael felt strongly about and indicated to the group that whether or not they created the JPA without San Rafael, those mem- ber agencies should also be concerned about such a large and lengthy contract being issued under the old MOU which the JPA would inherit. She stated that it appeared there were more jurisdictions than just San Rafael who agreed with that and they agreed with almost all the amendments suggested by San Rafael, and that they would make the approval of the JPA conditional on the County not awarding the contract under the old MOU. Ms. Nicolai stated she thinks the most important issue recommended by San Rafael is to clearly define the cafeteria plan so at the time of implementing any programs, other than performing the general services, participation in all other programs would be at our discretion. She stated that would render the question of the weighted vote somewhat moot, because the more significant cost programs are going to be up to each jurisdiction as to whether or not they would participate. Ms. Nicolai recommended that the Council adopt the Resolution approving the JPA conditioned upon the County not awarding that agreement to Greenfield, but referring that issue on to the JPA. She stated she has been assured by Mr. Campanella of the County that that will, in fact, happen on November 9th at the Supervisor's meeting. He called on Friday and asked, if the County did take that action on November 9th, that the Council authorize her (Ms. Nicolai) to withdraw the City's intent to with- draw from the MOU. She stated she had told Mr. Campanella she would not commit to doing that until they actually did take their action. However, the Board of Super- visors would be taking their action before the next Council meeting. Councilmember Breiner complimented Ms. Nicolai and Councilmember Thayer on the attention they have given to this issue, because it could have been a very expensive mistake if a lot of attention had not been given to this. She noted that San Rafael had actually "led the charge". Ms. Nicolai responded she felt good about saying what she did, because many of the jurisdictions agreed but were afraid to say anything. Councilmember Shippey stated he wanted to confirm that, with all of the objections we have had, is she satisfied that the revised version assesses all of them or makes them either moot or ineffective. Ms. Nicolai responded that there is still the issue of whether they can be their own LEA if they become an operating agency, but the big issues such as the cafeteria plan and others are in there. Also, we still have the one year, and there will be critical assessments during this next year on whether it is workable and interpreted the way we feel it should be. She stated if it is not, she will not hesitate to recommend that the City cancel out. She noted it is clear now that there is no financial obligation occurred before that point. Councilmember Shippey inquired about adopting this Resolution and Ms. Nicolai responded that the Council can adopt the Resolution, but will not sign it until the County has taken its action on November 9th. She stated it is very clear that the signing is conditioned upon the County's action. Councilmember Thayer inquired if Mr. Walker thinks the wording is clear in the way the subsections are laid out. Mr. Walker replied he thinks it is. The Council discussed Article 6, and agreed that the word "and" should be deleted after the word "monitoring" in 6.1.b., Planning. Councilmember Cohen stated he feels we should all feel happy about the strategy which was worked out a few weeks ago. He stated now we have to go forward and see what happens in the next year. He added that one test of that will be the progress which is made within the year on some of the remaining issues. He stated this is a good example of consolidation of services, and this is something we should be able to do in this SRCC MINUTES (Regular) 11/1/93 Page 7 SRCC MINUTES (Regular) 11/1/93 Page 8 County, and we should give it a try. Elissa Giambastiani, Executive Director of the San Rafael Chamber of Commerce, con- gratulated the Council and staff, particularly City Manager Nicolai and Councilmember Thayer, for taking the leadership on this issue. She stated this is why they all became City officials, and unfortunately not many people are aware of it. Mayor Boro stated the biggest issue he was wrestling with was protecting our rate payers, which we certainly held to. He added that with the intent of consolidation of services, it would be contrary to that if we had to go out on our own and set up our own agency to do this. He stated we will depend on Councilmember Thayer and City Manager Nicolai to be vigilant this next year and make sure this continues to be the right thing for all of us. He stated it sounds as if we have a good starting point, and the Resolution will not be signed until after November 9th. Councilmember Shippey moved and Councilmember Breiner seconded, to adopt the Resolu- tion authorizing the signing of the JPA and that the Council sign the Resolution only upon the County deferring the Hazardous Waste Program to the Executive Authority. RESOLUTION NO. 9059 - AUTHORIZING THE SIGNING OF A HAZARDOUS AND SOLID WASTE JOINT POWERS AGREEMENT AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Breiner seconded, that the Council direct the City Manager to notify the County of the City's intent to revoke their withdrawal from the MOU, contingent upon the County carrying through with its action. AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 18.REPORT ON RECONSTRUCTION OF FIRE STATION NO. 6, 650 DEL GANADO ROAD (CM) - File A-'�-'�1 Ms. Nicolai noted that for years, staff has been looking at the remodeling, reconstruction or relocation of Fire Station No. 6 on Del Ganado Road. There was consideration of relocating to Munson Park, but that idea was dropped in June. She stated that after discussing it with Chief Marcucci, there is only one viable alter- native which does not cost as much as other alternatives, and that is to rebuild at the Del Ganado site. She noted that the residents in the area are glad to have the fire station there, and other neighborhoods in the area are not anxious to have it whether or not their service level would be improved. She stated that in the interest of devoting time to issues which are far more important, such as re-evaluating the Paramedic service which is an entirely separate issue, staff is recommending the rebuilding of the station at the Del Ganado site, and not attempting to look at other alternatives. She stated there is a high level of service out there, and it is not worth the time and energy or the community upset in dealing with a change of loca- tion. She stated she would rather deal with the issue of expanding the Paramedic services and move on with it. Ms. Nicolai stated she had a call from Christopher Desmond today, (Fire Fighters Association President) expressing concern and asking that this item be carried over for two weeks. He was concerned that she had not gone through the process of giving him the opportunity to respond, although she did let him know last Thursday this report was going to be on the agenda. She also alerted Mr. Orr of the Munson Park group that this was going to be on the agenda. Ms. Nicolai stated that Mr. Desmond is out of town, but she had told him she would inform the Council of his remarks. She noted that Mr. Parr is here, and will wish to speak. Mayor Boro clarified that staff would like to put the issue of relocating the station to rest, and they would like an affirmation of that. After that, the planning process will start and that will go through the channels in the Fire Department and come back to the Council with a specific plan. Ms. Nicolai stated that is correct. Councilmember Cohen stated he is in support of the project as described by Ms. Nicolai, and he thinks it is important at this point, having made a commitment to evaluate the fire protection and Paramedic service in the Terra Linda Valley in this budget cycle, that it would make sense to evaluate the reconstruction of Station 6 in that context. He stated he does not think we should just go ahead and say let's rebuild the station separate from those other discussions. He thinks we ought to evaluate that Station in the context of that, along with the plan we want to develop about what we SRCC MINUTES (Regular) 11/1/93 Page 8 SRCC MINUTES (Regular) 11/1/93 Page 9 will do in the Terra Linda Valley. He noted that would bring up the use of Station 3, and whether the Paramedic unit would be housed there, versus having one at Station 6. He stated we should incorporate this decision into that process. Fire Chief Marcucci stated that the design of Station 6 has always been with the intent of providing increased Paramedic service to the Terra Linda Valley, but also the accommodations for the female fire fighters which we have now. The living arrangements have to be reconfigured. He noted that when the design for rebuilding of Station 6 went before the Design Review Board (DRB), it incorporated the basic ideas which came from the Fire Association. In Design Review, they did not like the two-story structure, and staff went to a single story structure and the Fire Fighters were involved in that decision. Mayor Boro stated that tonight we are affirming the site, and saying that the search is over with, and anything else which happens at that site will come back to the Council, through the Fire Chief and through his working with the Fire Fighters Association, in issues of design and other concerns. Ms. Nicolai stated that with the Council's direction, they had formed a neighborhood group to work with, and she would like to drop that part of it and move on with specifics about the scope of the facility, which will be on Del Ganado. Councilmember Shippey agreed, but added that he thinks the Council should look toward improving the Paramedic service, not only for the Terra Linda Valley, but for the entire City. He commended staff for bringing this to the Council's attention now, and urged that we get moving on it as quickly as possible. He noted we will want the Fire Fighters Association input on the design of the station, and other concerns they have. Councilmember Thayer noted we are extremely limited in sites, and noted a few loca- tions which were considered and rejected. She added that in the initial plan for rebuilding Station 6, the plans went before the DRB and the Fire Fighters Association provided input on the requirements. Robert Parr of the Fire Fighters Association stated that with regard to Station 6, this is a small piece of a large puzzle. He stated this may be the best way, and what we are interested in is long-term planning. He added they are not sure, and do not understand the vision for the Terra Linda Valley. He thinks it is a mistake to commit to anything without looking at the entire Terra Linda Valley. He stated his Association members have put in over 1,000 man hours on part of their long-range planning process, and the Terra Linda Valley is part of it. He stated there are numerous issues to be evaluated before anything is done. He believes it would be appropriate for the City Council to put this off at least until the next meeting, when Christopher Desmond can be here. He stated this staff report looked like just a cover sheet. Mayor Boro responded that is simple. We are no longer involved in Munson Park. This is only about re -using Station 6. We are trying to put a stake in the ground and saying we will rebuild that station at that location. The other issues Mr. Parr talked about are open to discussion, but the Council is trying to say that this is the site, we have it in our budget, and we are not going to start looking at other sites or discussing other issues. Mr. Parr responded that this small site is 1/3 of our delivery system, and we need to start at the top and look at our whole delivery system before we put a stake any- where. Chief Marcucci stated that he has been the Fire Chief for 22 years and has been planning where the fire service was going. He stated he knows the entire situation in the Terra Linda Valley very well, and that the fire station needed to be reloca- ted. He knew that Munson Park was the site, but that was rejected by the community and that process is over with. Station 6 is the best site we have. We have surveyed every site in the Terra Linda Valley, and it is time we quit fooling around and build a station there. He stated he has done the best he could do for 22 years, and to have the Association come in and say they have a plan, and accuse us of not having been involved in the process - where are we in their process? He stated he was involved in the process of the redesign, and if it was not for Design Review, we would have a fire station there today. Design Review said they did not like the plan, and then we ran into fiscal problems. He stated that the Association saying we do not know what the big picture is, is absolutely ridiculous, and he cannot sit here as Fire Chief and take it. Mayor Boro stated he understands the Association's position, and we have heard from the staff and thinks we have a sense of the situation. He asked for Council discussion. SRCC MINUTES (Regular) 11/1/93 Page 9 SRCC MINUTES (Regular) 11/1/93 Page 10 Councilmember Breiner stated that we are all on the same wave length, and all want to see progress; but we want the total picture to look at, and it is really not a dispute but a question of getting everything in one place so we know where the Paramedics fit into that. Mayor Boro noted also that the Fire Association is saying they want process now in the location. He stated we had the process in location, and had a big discussion on it. We had to turn down the most favored site, and the backup site is one we already have. To continue to redo that whole process to him would be a waste of staff effort and a way to frustrate the community. He stated he does not think any of us want to move that station to another location. We are being told by the Chief that this station meets our needs, and he does not think any of us will argue with that. He stated we do not want to discuss location, but want to start on the next phase which is to build it in a way to suit the community, with everyone's involvement. He asked if anyone would like to make a motion. Councilmember Breiner moved and Mayor Boro seconded, to accept the staff report. Councilmember Cohen stated that some time ago the Council gave Ms. Nicolai direction to go out and form a community-based committee to evaluate alternative sites, and he feels it is appropriate for the Council to revoke that direction tonight. He noted the Council had entered into an interim agreement with the Fire Fighters Association in delayed implementation of the Chief's recommendation on the station closures, to see if there were other ways to make substantial budget savings and also to improve Paramedic service, not only in the Terra Linda Valley, but the entire City. He stated he supported the search for another site when recommended by the Chief, but we had to decide not to pursue the site we preferred. He stated in terms of workload, he feels we should be concentrating on how we are going to structure fire protection in the Terra Linda Valley. That is where the workload priority should be, and not on a committee to evaluate alternative sites, and we should revoke that direction to the City Manager. He stated, if that is what we are voting on, he will support it. Ms. Nicolai added that the other directive was to evaluate the Paramedic service. It was not to re-evaluate fire protection, but specifically focused on Paramedics' primary volume of calls, how we manage or increase the level of service with multiple alternatives being identified. One was to reduce the number of calls if there are situations where abuses were occurring, also to take a look at how we could supple- ment our existing service with specific hours added on either by contracting out or doing it in-house. She stated those issues need to be evaluated. That was the piece that we said the Fire Association would be part of. She stated we do not want to do anything at Station 6 which would preclude what other options might come out of that. She stated she knows that a Paramedic unit could be accommodated there, in the design of the facility. It has always been part of the design. Councilmember Cohen stated that in addition to the discussion which came out of the budget process about the Paramedic service, we also talked about the potential closure of Station 3, and we made an interim agreement with the Firefighters Associ- ation to go to a two-man engine company at Montecito while we evaluated that. That needs to be again evaluated going into the next budget. He stated the only thing we are giving up here is that we would form a committee to go out and evaluate alternate sites, which is independent of the issues. He stated if that is the sense of the motion, he will support it. Councilmember Shippey stated that the sense of the motion is that we are moving forward and we are not closing off any input from the Fire Fighters Association or anyone else. The alternate sites are just not the focus anymore. Mayor Boro stated that the motion before the Council is that we adopt the staff report and lock on this site. As we go forward, we will discuss delivery service, reconfiguration of the Paramedic service and the other issues. Councilmember Thayer stated she does not think that, since we cannot have the Munson Park site, that there is another site in Terra Linda which would be acceptable to the public; and even if there were, it would cost the City a lot more than rebuilding on this site. She stated she is very interested in processing the Paramedic service, and if we decide to close any fire station in the future, the Fire Fighters should be part of that process, because that is critical. Mayor Boro closed the Council discussion, and stated that we cannot let the process stop progress, and one reason this has taken so long, the process has gotten in the way of the progress. He stated the first thing we have to do when we start the process is to have a timeline and have everyone agree with it and get on with it, and not just be open ended on how long it is going to take. He stated we need to get on with this project. We owe it to the Fire Department and to the citizens of this community, so we need to really move once we start this next phase. We have to have an end. SRCC MINUTES (Regular) 11/1/93 Page 10 SRCC MINUTES (Regular) 11/1/93 Page 11 AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY COUNCIL REPORTS: 19. a. REPORT ON HOMELESS DOWNTOWN - File 233 x 13-16 Mayor Boro spoke on the issue of the homeless. He stated he has received a few calls this week on the escalation of the homeless in San Rafael as a result of the actions being taken in San Francisco. He stated we have been very tolerant of the rights of the homeless to express themselves, but we have to protect the rights of all of our citizens. He stated we need to look at the situation, and noted that on B Street some homeless have been trespassing on private property. He has asked the Police Chief and City Manager to review the situation, and what our options are as far as enforce- ment and what would happen if we decided to prosecute. He expects a report back for discussion at the next Council meeting. Councilmember Shippey stated he would like more information on the program Mayor Jordan has put into effect in San Francisco in order to cause this shift, and he would like that included in the report. Councilmember Cohen stated it is very clear that there has been an increase in our homeless population, and we need to look at the stepping up of enforcement, and need to get something going on the issue very quickly. b. RESPONSE TO LETTER RE: FIRE HAZARD - File 9-3-31 Councilmember Cohen noted there was a letter to the Independent -Journal early last week about fire hazards in the Country Club and Dominican areas of San Rafael. A woman had spoken to someone in the Fire Department and was told we can only tell people to clear away 30 feet around their house. She did not think that was suffi- cient, that we ought to be responding to this obvious danger. He noted that is exactly the work the Fire Department has just done, in identifying areas of the City where there are hazards, and working with the neighborhood associations to alleviate them. He stated that, given what just happened in Southern California, he thinks we need to respond and clarify the situation. Chief Marcucci responded that they are working with the Dominican homeowners, and the second notices were sent out today to the property owners to clean their property. Councilmember Cohen recommended a public response to the I -J, so people who might have seen this letter will know the City is on top of the situation, and also a letter of response to the woman who wrote to the I -J. Chief Marcucci stated they have been working with the Country Club on fuel management and hydrants. He noted they are outside the City limits. Mayor Boro adjourned the meeting in honor of retiring Councilmember Breiner and expressed the Council's gratitude for her years of service, for her insight, her participation and her friendship. Mrs. Breiner responded that she will miss every- one, the City Hall and the dedicated staff. She stated it has been a pleasure to serve. There being no further business, the meeting was adjourned at 10:00 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1993 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 11/1/93 Page 11