HomeMy WebLinkAbout2011-07-18_cityofsanrafael_eb183769ed724aa8c8f8a933024eb5bbIN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, July 5, 23011
Regular Meeting
San Rafael City Council
MINUTES
Present: Mayor Boro Also Present
Vice -Mayor Brockbank
Councilmember Connolly
Councilmember Heller
Councilmember Levine
OPEN SESSION - COUNCIL CHAMBERS - 6:30 PM
1. Mayor Boro announced Closed Session item.
ISO
2. Closed Session Item:
Nancy Mackie, City Manager
Robert F. Epstein, City Attorney
Esther Beirne, City Clerk
a) CONFERENCE WITH LABOR NEGOTIATORS - (Gov. Code Section 54957.6(a))
1) NEGOTIATORS: Nancy Mackie, Jim Schutz, Leslie Loomis, Robert Epstein, and Kelly
Tuffo and Jack Hughes, Liebert Cassidy
2) EMPLOYEE ORGANIZATION(S): Western Council of Engineers, Local 1 - Confidential,
SEW Child Care Unit, SEIU Miscellaneous & Supervisory, San Rafael Fire Chief Officers'
Assn., San Rafael Firefighters' Assn., San Rafael Police Mid -Management Assn., San
Rafael Police Association, Unrepresented Management, Unrepresented Mid -Management,
Elected City Clerk and Elected Part -Time City Attorney.
City Attorney Robert Epstein announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE - 8:09 PM
3. Approval of Minutes of Regular City Council Meeting of June 20, 2011 and Special Meeting
of June 22, 2011 (CC)
Minutes 6/20/2011 - Approved as submitted
Minutes 6/22/2011
4. Resolution Accepting Grant from the Marin Community Foundation for the Resilient
Businesses Program and Authorizing the City Manager to Execute Agreements with
Natural Capitalism, The environmental Finance Center at Dominican University and SEO
Copywriting for Consulting Services Associated with the Marin Community Foundation
Grant (CD) — File 226
MCF Grant
RESOLUTION NO. 13181 - RESOLUTION ACCEPTING A GRANT FROM THE MARIN COMMUNITY
FOUNDATION FOR THE RESILIENT BUSINESSES PROGRAM AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AGREEMENTS -WITH NATURAL CAPITALISM, THE ENVIRONMENTAL
FINANCE CENTER AT DOMINICAN UNIVERSITY AND SEO COPYWRITING FOR CONSULTING
SERVICES ASSOCIATED WITH THE MARIN COMMUNITY FOUNDATION GRANT
5. Resolution Approving the Application for Statewide Park Program Grant Funds (CS) —
File 9-3-65
Statewide Park Program
RESOLUTION NO. 13182 - RESOLUTION APPROVING THE APPLICATION FOR STATEWIDE PARK
PROGRAM GRANT FUNDS
6. Resolution Approving a Contract Amendment (CSPP-1282) with the Department of
Education which Provides $149,630 in Funds for Fiscal Year 2011-2012 for Child
Development Services and Authorizing the City Manager to Sign Contract Documents (CS)
File 4-10-238 x 9-3-65
Childcare
RESOLUTION NO. 13183 - RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT (CSPP-
1282) WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND
AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF
$149,630
7. Second Reading and Final Adoption of Ordinance No. 1896 (Fin)- AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX
RATE, COMMENCING WITH FISCAL YEAR 2011-2012, AT THE RATES ALLOWED IN
ORDINANCE NO. 1891 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE
CITY OF SAN RAFAEL; AND FURTHER CONFIRMING THE PARAMEDIC TAX RATES,
COMMENCING WITH FISCAL YEAR 2011-2012 FOR RESIDENTIAL AND NOW
RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL ($89.00 FOR RESIDENTIAL
AND $0.12 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTY), AND THE
MARINWOOD COMMUNITY SERVICES DISTRICT, COUNTY SERVICE AREA NO. 13, AND
COUNTY SERVICE AREA NO. 19.($85.00 FOR RESIDENTIAL AND $0.11 PER SQUARE
FOOT FOR NON-RESIDENTIAL PROPERTY) (Fin) — File 9-12-1 x 9-3-31
Paramedic Ord.
Approved final adoption of Ordinance No. 1896.
8. Resolutions: (Fin) — File 8-5
a) Appropriating Unappropriated Revenues for Fiscal Year 2010-2011; and
a) RESOLUTION NO. 13184 - RESOLUTION APPROPRIATING UNAPPROPRIATED REVENUES
FOR FISCAL YEAR 2010-2011
b) Approving Fiscal Year 2011-2012 Gann Appropriation Limit
a) RESOLUTION NO. 13185 - RESOLUTION APPROVING FISCAL YEAR 2011-2012 GANN
APPROPRIATIONS LIMIT AT $100,987,678
Gann, etc
9. Resolution Authorizing the Mayor and City Clerk to Execute an Agreement Between the
County of Marin and the City of San Rafael Regarding the Marin Literacy Program /
General Services (From 7/1/11 - 9/30/11 (Lib) — 4-13-86 x 9-3-61
Literacy - General Services
RESOLUTION NO. 13186 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL
REGARDING THE MARIN LITERACY PROGRAM / GENERAL SERVICES (From 7/1/11 ? 9/30/11)
10. Resolution Authorizing the Mayor and City Clerk to Execute an Agreement Between the
County of Marin and the City of San Rafael for Literacy / F.L.A.G.SHIP Services (From
7/1/11 - 6/30/12 (Lib) — File 4-13-86 x 9-3-61
Literacy - FLAGship
RESOLUTION NO. 13187 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL
FOR LITERACY/ F.L.A.G.SHIP SERVICES (From 7/1/11 ? 6/30/12)
11. Baypoint Lagoon Landscaping and Lighting District Annual Report: (PW) — File 6-48 #10
a) Resolution Directing Filing of Engineer's Annual Report 2011/2012
a) RESOLUTION NO. 13188 - RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL
REPORT 2011/2012 ? BAYPOINT LAGOONS LANDSCAPING & LIGHTING DISTRICT (Pursuant to the
Landscaping Act of 1972)
b) Resolution Approving Engineer's Annual Report 2011/2012
b) RESOLUTION NO. 13189 - RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT
2011/2012 -BAYPOINT LAGOONS LANDSCAPING & LIGHTING DISTRICT (Pursuant to the
Landscaping Act of 1972)
c) Resolution of Intention to Order Improvements and Setting Public Hearing on Annual
Assessment for City Council Meeting of July 18, 2011)
c) RESOLUTION NO. 13190 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND
SETTING PUBLIC HEARING ON ANNUAL ASSESSMENT FOR CITY COUNCIL MEETING ON JULY
18, 2011 - BAYPOINT LAGOONS LANDSCAPING & LIGHTING DISTRICT (Pursuant to the Landscaping
Act of 1972)
Baypoint Lagoons
Councilmember Levine moved and Councilmember Brockbank seconded to approve the Consent
Calendar.
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
Minutes 6/20/2011
Minutes of 6/20/2011 removed from Consent Calendar by Councilmember Levine.
After discussion, Councilmember Levine moved and Councilmember Heller seconded to approve the
minutes of June 20, 2011 with the following comment made by Councilmember Levine to be inserted into
the record: "Mr. Levine stated that Mr. Frieman's comments on campaigning made in Open Time at the
City Council meeting of June 20, 2011 were unsubstantiated and untrue."
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
OTHER AGENDA ITEMS:
12. Budget: (Fin) — File 8®5
Nancy Mackie
Janet Pendoley presented the staff report.
Councilmember Heller noted Ms. Pendoley made her presentation from memory.
Councilmember Brockbank suggested that resolution of the legal issue by the California Redevelopment
Agency was likely to take longer than August.
Ms. Mackle gave a verbal report on staffs efforts since the meeting of June 20, 2011 regarding fire,
Wildland Urban Interface and homeless encampments.
Mayor Boro suggested that perhaps volunteers could be trained to locate and report areas where
homeless interfaces with open space.
Councilmember Heller concurring with Mayor Boro's suggestion, stated that utilizing the San Quentin Fire
crews could be a great benefit to the community.
Councilmember Brockbank stated he did not recall the City Council providing direction to reconsider this
issue, other than Councilmember Heller's comments to keep it in the forefront.
Ms. Mackle stated she took this from comments made by Councilmember Heller and subsequently Mayor
Boro.
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Ms. Mackle recognized and thanked Janet Pendoley for her work on the budget. She also thanked the
staff in Finance and Human Resources.
Brian Slattery thanked Mayor Boro for his many years of service. Expressing concern with regard to the
Police Department budget, he urged the City Council to investigate restoring positions.
Matia Esgar, Terra Linda Tow, stated that since 2007 there had been a drastic increase in rates;
however, San Rafael's rates were lower, and she requested that the City Council evaluate and discuss
the issue.
Mayor Boro stated the current budget shows no further decrease in public safety and the City was doing
everything possible to continue the level of public safety enjoyed to date.
Jim Schutz, Assistant City Manager, referring to the comment "reserves we did not know we had" clarified
that the $500,000 mentioned by the Interim Finance Director was recommended by the City Manager at
the direction of the City Council to rebuild reserves. It was not newly found money, rather funds that for
months were intended to be built back into the reserves.
Councilmember Heller questioned whether this was the $45,000.
Ms. Mackle noted reserves usually mean General Fund.
Mayor Boro clarified that the $45,000 figure mentioned to sustain the effort as far as possible to urban
wildland, fire and patrolling for homeless encampments would come from the existing reserve fund.
Funds were allocated in the budget to by year end increase the reserve fund by $500,000.
Ms. Mackle stated that with her verbal addition to the budget this evening, staff hoped to be in a position
to increase reserves by $500,000, minus $45,000.
Ms. Mackle reported that the Capital Improvement Program was presented extensively to the City Council
a few meetings ago by the Public Works Department and there was nothing new to report.
Ms. Mackie reported that staff met with the Measure 'S' committee and they had provided a written report
stating that the City was in compliance.
a) Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2010-
2011 (Fin)
RESOLUTION NO. 13191 - RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF SAN RAFAEL
BUDGET FOR FISCAL YEAR 2010-2011 FOR THE PURPOSE OF REVISING THE FINAL FISCAL
YEAR 2010-2011 BUDGET
Councilmember Levine moved and Councilmember Heller seconded to adopt the Resolution.
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
b) Resolution Adopting City of San Rafael Budget for Fiscal Year 2011-2012
RESOLUTION NO. 13192- RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR 2011-
2012 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET
FORTH IN SAID BUDGET IN THE AMOUNT OF $82,431,710
Councilmember Heller moved and Councilmember Levine seconded to adopt the Resolution.
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
c) Resolution Adopting Capital Improvement (CIP) Program
RESOLUTION NO. 13193 - RESOLUTION APPROVING A FIVE-YEAR CAPITAL IMPROVEMENT
PROJECT (CIP) PLAN FOR FISCAL YEARS 2011-2012 THROUGH 2015-2016
Councilmember Brockbank moved and Councilmember Connolly seconded to adopt the Resolution
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
d) Resolution Adopting Report from Measure'S' Committee
RESOLUTION NO. 13194 - RESOLUTION ADOPTING THE MEASURE ? S? COMMITTEE REPORT
COVERING THE PROPOSED FISCAL YEAR 2011-2012 GENERAL FUND BUDGET
Councilmember Connolly moved and Councilmember Brockbank seconded to adopt the Resolution
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
Budget 2011-12
CITY MANAGER'S REPORT:
13. None
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14. Dredging: Mayor Boro reported that last week he and Richard Landis, Administrative Manager,
Public Works, accompanied the Colonel from the Corps of Engineers and Project Manager on a tour of
the San Rafael Canal. He believed funding was available to proceed with the dredging and bids would
soon be sought. — File 9-1 x 12-10
ADJOURNMENT: 9:47 PM
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ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF , 2011
ALBERT J. BORO, Mayor