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HomeMy WebLinkAboutCC Minutes 2002-07-01SRCC Minutes (Regular) 07/01/2002 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 1, 2002 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM: Mayor Boro announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: Present: Albert J. Boro, Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: Paul M. Cohen, Vice -Mayor a) Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager City Attorney Gary Ragghianti announced that no reportable action was taken. Closed Session Item 1 b) held at the conclusion of City Council Meeting: b) Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Lydia Romero, Daryl Chandler Employee Organizations: San Rafael Fire Chief Officers' Association San Rafael Fire Association San Rafael Police Mid -Management Association San Rafael Police Association Marin Association of Public Employees, Supervisory Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 Marin Association of Public Employees, Childcare Unit, SEIU Local 949 ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM Caltrans Planning Grant: - File 11-16 x 9-2-55 x 202 x (SRRA) R-103 Noble A. Birdsey, 201 Belle Avenue, San Rafael, addressing what he believes to be an outstanding opportunity for the City of San Rafael, and specifically, the residents of the Canal Neighborhood, stated that Caltrans is currently offering a one-time Planning Grant(s) to promote and improve mobility and quality of life for diverse communities. Mr. Birdsey explained that in order to be eligible, the proposed project should have a clear focus on transportation and community development issues that address the interests of the low income and minorities. He indicated that the grant provides up to $300,000 in funding with a 10% match required from the City. Mr. Birdsey stated that at this time, he is offering one- third of the matching funds required for any grant obtained by the City of San Rafael, up to a maximum of $10,000. Paraphrasing the remarks of Ms. Egan who addressed Council at the City Council Meeting of February 4, 2002, Mr. Birdsey stated that the surface transportation policy project, which is a Pedestrian and Bicycle Advocacy Organization, has found that low income and minority residents bear a disproportionately high share of traffic related fatalities and injuries. This is attributed to the heavier level of biking and walking activities by this group, compared with other sectors of the population. He indicated that Ms. Egan stated these low-income minority residents suffer more than the remainder of the population. Mr. Birdsey stated that the Planning Grant offers a high return to the City of San Rafael at little cost, will benefit the community as a whole and will contribute to an improved quality of life for the Canal Neighborhood residents and users of the canal. He reported having been informed the City intends to apply for an approximately $50,000 grant under this program, targeting the Bellam area, and he urged the submittal of an additional application seeking a further $250,000, or whatever figure is required for the study, prior to the July 17, 2002 deadline, indicating his personal funds could also be used for this purpose. Mr. Birdsey indicated that this grant would address the total needs of the Canal Neighborhood in a comprehensive manner, including Bellam Boulevard, East Francisco Boulevard/101, with a focus on access to adjacent neighborhoods, shopping, transit center, and most especially, schools. He noted SRCC Minutes (Regular) 07/01/2002 Page 1 SRCC Minutes (Regular) 07/01/2002 Page 2 there is no restriction on the number of projects to be submitted by any one organization for this application period. Mr. Birdsey suggested the City could submit a cover letter with the Grant Application indicating that the Bellam Corridor Grant Proposal is its number one priority project, with the Canal Circulation Element ranked number two. He stated this is basically free money, being a 90% match, and the study needs to be undertaken sooner or later. Public Works Director Dave Bernardi indicated that staff favored applying for a grant that is specific in detail. He explained that The Bicycle and Pedestrian Plan identifies a number of improvements in the Canal Area which need to be evaluated, e.g., the Bellam Corridor, from Kerner Boulevard to Andersen Drive, and staff believes that submitting a Planning Grant Application to analyze the opportunities in that corridor would afford a better chance of being funded than submitting a Grant Application more general in nature. This, he indicated, is not to infer it cannot be done; however, it has been the experience of staff that identifying specific locations and issues makes it easier for the evaluators to render decisions. Responding to Mayor Boro with regard to the Bellam Corridor, Mr. Birdsey stated Bellam Boulevard needs planning and as this is a one-time Planning Grant, he sees an opportunity, as the Grant specifically targets minority and low-income residents. On the sample copies of the Grant Application he submitted to Council, Mr. Birdsey indicated he had highlighted some areas dealing with the requirements for eligible projects. Mayor Boro expressed appreciation for this and for Mr. Birdsey's offer of financial support. He believed it is being pursued and invited Mr. Bernardi's recommendation on the level of detail, indicating that Mr. Birdsey was welcome to consult with Mr. Bernardi. He stated that Council's main concern all along was to attempt to accommodate children going from the Canal to Davidson, which is the Bellam Corridor, and he favored ensuring this was achieved utilizing this particular Planning Grant. Noting a similar situation with East Francisco where schoolchildren go to San Rafael (High School), Mr. Birdsey stated he was concerned with both areas, and the overall safety of Canal residents, hence his offer of support. Mayor Boro thanked Mr. Birdsey for his interest in bringing this issue to Council. Councilmember Heller moved and Councilmember Phillips seconded, to approve the Consent Calendar as follows: ITEM 2. Approval of Minutes of Special and Regular Meetings of Monday, June 17, 2002 (CC) 3. a) Approval of Two-week Extension of Four-year Term of Bruce Scott, Planning Commissioner (Term To Expire End of June 2002), through July 15, 2002 (CC) - File 9-2-6 b) Extension of Call for Applications for Design Review Board to 12:00 Noon, Tuesday, July 23, 2002, and Approval of Extension of Four-year Term of Larry Paul, Design Review Board (Term to Expire End of June 2002), through August 5, 2002 (CC) — File 9-2-39 4. Summary of Legislation Affecting San Rafael (CM) — File 116 x 9-1 RECOMMENDED ACTION Minutes approved as submitted. a) Approved two-week extension of the four-year term of Bruce Scott, Planning Commissioner, through July 15, 2002. b) Approved extension of call for applications for Design Review Board to Tuesday, July 23, 2002 at 12 Noon; and the four-year term of Larry Paul, Design Review Board Member (term to expire end of June 2002), through August 5, 2002. ADDroved staff recommendation: SB 994 Liability: Public Skateboard Parks. Senator Morrow — SUPPORT SCA 7 Access to Government Information. Senator Burton — OPPOSE 5. Resolution of Appreciation in Recognition of RESOLUTION NO. 11121 — Twentieth Anniversary of Canal Community Alliance RESOLUTION OF APPRECIATION IN (CM) — File 102 RECOGNITION OF TWENTIETH ANNIVERSARY OF THE CANAL COMMUNITY ALLIANCE 6. Monthly Investment Report for Month Ending May Accepted Monthly Investment Report 2002 (MS) — File 8-18 x 8-9 for the month ending May, 2002, as presented. SRCC Minutes (Regular) 07/01/2002 Page 2 SRCC Minutes (Regular) 07/01/2002 Page 3 7. Resolution Setting the Special Tax Rate for Year RESOLUTION NO. 11122 — 2002-03 on all Taxable Property Within the RESOLUTION SETTING THE SPECIAL Community Facilities District DISTRICT TAX FOR LOCH LOMOND No. 1992-1 (Loch Lomond #10) (MS) — #10 FOR FISCAL YEAR 2002-03 File 6-50 x 9-12-1 8. Resolution Appropriating Unappropriated Revenues 1) RESOLUTION NO. 11123— for 2001/02 and Resolution Approving Revised RESOLUTION APPROPRIATING 2001/02 Appropriations Limit and Approving 2002/03 UNAPPROPRIATED Appropriations Limit (MS) — File 8-5 REVENUES FOR 2001-2002 2) RESOLUTION NO. 11124— RESOLUTION APPROVING REVISED 2001/2002 APPROPRIATIONS LIMIT AND APPROVING 2002/2003 APPROPRIATIONS LIMIT 9. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Resolution RESOLUTION NO. 11119 - A Resolution of the San No. 11119. Rafael City Council Recommending Approval of an Amendment to the San Rafael General Plan 2000 to Amend the Land Use Map of the Land Use Element Redesignating 2.8 Acres of Land Located at 355 Los Ranchitos Road and 515 Northgate Drive From Office to High Density Residential for the Entire Area Contained Within Assessor's Parcel Numbers 175- 060-51, -52, -53, and —54 (GPA 02-02) (CD) — File 115 (2000) x 10-3 x 10-5 x 10-7 10. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance ORDINANCE NO. 1784 - An Ordinance of the City of No. 1784. San Rafael Amending the Zoning Map to Reclassify Certain Real Property from Office (0) District to Planned Development (PD) District with an Adopted Development Plan for the Alma Via of San Rafael Assisted Living Facility at 515 Northgate Drive (APN 175-060-51, -52, -53, and —54) (ZC 02-02) (CD) — File 115 (2000) x 10-3 x 10-5 x 10-7 11. Resolution Authorizing the City Manager to execute RESOLUTION NO. 11125 — an Agreement for Professional Services with Jayni RESOLUTION AUTHORIZING THE Allsep for Assistance Needed to Implement CITY MANAGER TO EXECUTE AN Mitigation for the Smith Ranch Pond, Process AGREEMENT FOR PROFESSIONAL Planning Applications, including a Proposal for a SERVICES WITH JAYNI ALLSEP FOR Second Unit at 25 San Pablo Avenue, and Follow-up ASSISTANCE NEEDED TO on Various Other Development Projects (CD) — IMPLEMENT MITIGATION FOR THE File 4-3-333 SMITH RANCH POND, PROCESS PLANNING APPLICATIONS, INCLUDING A PROPOSAL FOR A SECOND UNIT AT 25 SAN PABLO AVENUE, AND FOLLOW-UP ON VARIOUS OTHER DEVELOPMENT PROJECTS (Term of Agreement: From July 2, 2002, and Ending on July 1, 2004, for an Amount not to Exceed $40,000) 12. Annual Report of the Vision in Action Committee Accepted Annual Report of the Vision (CD) — File 9-2-52 in Action Committee. 14. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance ORDINANCE NO. 1783 - An Ordinance of the City of No. 1783. San Rafael Establishing Regulations for the Use of the Public Right -of -Way (PW) — File 11-1 x 9-3-40 x 1-2 SRCC Minutes (Regular) 07/01/2002 Page 3 SRCC Minutes (Regular) 07/01/2002 Page 4 15. Resolution Accepting Proposal from Donlee Pump RESOLUTION NO. 11126 — Company for Construction Services for new City RESOLUTION ACCEPTING Corporation Yard in an Amount not to Exceed PROPOSAL FROM DONLEE PUMP $84,500 and Authorizing the Director of Public Works COMPANY FOR CONSTRUCTION to Execute the Agreement (PW) — SERVICES FOR CITY CORPORATION File 4-3-411 x 4-1-535 x 9-3-40 YARD IN AN AMOUNT NOT TO EXCEED $84,500 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT 16. Resolution Electing Statutory Pass -Through RESOLUTION NO. 11127 — Payments Pursuant to Health and Safety Code RESOLUTION ELECTING Sections 33607.5 and 33607.7 in Connection with STATUTORY PASS-THROUGH the Redevelopment Plan for the Central San Rafael PAYMENTS PURSUANT TO HEALTH Redevelopment Project (RA) — AND SAFETY CODE SECTIONS File 140 x (SRRA) R-140 XIX 33607.5 AND 33607.7 IN CONNECTION WITH THE REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Vice -Mayor Cohen ABSTAINING: COUNCILMEMBERS: Miller from item #4, due to potential conflict of interest. Mayor Boro from item #s 2,9, 10, due to absence from meeting of June 17, 2002, and item #14, due to absence/disqualification from meeting of June 17, 2002. The following item was removed from the Consent Calendar for discussion, at the request of Councilmember Phillips: 13. RESOLUTION GRANTING A PERMIT TO ST. ISABELLA'S SCHOOL TO HOLD A CARNIVAL FROM OCTOBER 11 THROUGH OCTOBER 13, 2002 WITH RIDES PROVIDED BY BUTLER AMUSEMENTS, GAMES, FOOD, BEER AND WINE (CD) — FILE 9-10-5 With regard to accommodations for parking, Councilmember Phillips inquired as to the anticipated attendance. Responding, Kristie Richardson, Principal Planner, stated that as it is a fundraiser, the greater the attendance, the better for the Parent Club for St. Isabella's School. She invited the President of the Parent Club to address the anticipated participation by the public. With regard to parking, Ms. Richardson indicated it is proposed to have parking monitors directing cars to park on the site and it is her understanding that overflow parking would be directed to Freitas Parkway, rather than to the neighborhoods surrounding the school. Monica Rizzo, President, St. Isabella's Parent Club, indicated this was her idea, which relegated her as head of the Carnival Committee. While empathizing with the neighbors' concerns regarding parking, Ms. Rizzo stated she had studied the issue very carefully and believes that in addition to the 60+ parking sites available on St. Isabella's property, there are approximately 262 parking spaces on Freitas Parkway, assuming a parking space to be 20 -feet long, and all within one-quarter mile of the pedestrian entrance to St. Isabella's School. Ms. Rizzo stated that particular area of Freitas Parkway has no frontage from the residences, all of which back up to Freitas Parkway, with driveways and accesses from another street; therefore, she did not anticipate there being any overflow parking which would interfere with the neighbors who live in the area. She reported that traffic coming from Trellis Drive, Las Pavadas or Arias would probably be foot traffic, as it would be easier to walk at that point. Ms. Rizzo stated she would be delighted with 1,000 people per day attending the carnival; therefore, with over 300 parking spaces and estimating that a fair percentage of participants would be pedestrians, she did not envisage a problem with traffic and parking. Councilmember Phillips inquired as to the basis for the anticipated 1,000 participants per day. Ms. Rizzo stated she extrapolated her figure from the daily attendance at the St. Anselm's Carnival, now in its 20th year, which has an anticipated 1,500 participants daily. Councilmember Phillips inquired whether it was reasonable to expect people to park on Freitas, being some distance away, as perceivably, space is available within the neighborhood. Ms. Rizzo explained that the school backs onto Freitas Parkway and the pedestrian entrance to St. Isabella's is on Freitas; therefore, most of the parking on Freitas Parkway would actually be closer to the carnival than parking on any of the side streets. Possibly, a few spaces in the first block of Las Pavadas could be closer; however, Freitas would be the closest parking place. She anticipated that those SRCC Minutes (Regular) 07/01/2002 Page 4 SRCC Minutes (Regular) 07/01/2002 Page 5 coming from outside the neighborhoods, would exit off 101, park on Freitas Parkway and enter through the pedestrian entrance. Councilmember Phillips stated it appeared to him that the 262 spaces on Freitas were some distance from the entrance. Ms. Rizzo stated that to go a quarter mile in either direction on both sides of the street from the pedestrian entrance to St. Isabella's would provide 5,280 linear feet of parking, with the closest spot being zero feet from the entrance and the furthest one quarter of a mile. Responding to a comment from Councilmember Phillips that people would not park on both sides of Freitas, Ms. Rizzo stated she believed they would park on the Las Pavadas corner where there is an excellent crosswalk. From further down, she indicated they could walk up and again, cross at Las Pavadas. Ms. Rizzo stated that with the City's permission, she planned on posting signs for that weekend to direct people to Freitas and did not believe that those unfamiliar with the neighborhood would wander too far from Freitas. She anticipated that the bulk of the traffic through the neighborhood would be the usual traffic of residents and those from the neighborhood attending the carnival; however, she anticipated that those within four blocks would probably walk. Living very close and being familiar with the school, Councilmember Phillips wished Ms. Rizzo the best of luck with the venture; however, was somewhat skeptical that it would happen as envisioned. Ms. Rizzo stated it was her expectation that with the volunteers she would enlist to direct traffic, plus the signs, people would be directed down Freitas with a minimal impact. Mayor Boro inquired whether Ms. Rizzo was planning to have volunteers at intersections with signs directing motorists to park on Freitas, rather than the neighborhoods. Responding, Ms. Rizzo stated she intended to have signs posted identifying carnival parking, rather than the negative approach of prohibiting parking in certain areas. Confirming that Councilmember Phillips was familiar with the back way out of St. Isabella's coming on to Arias, Ms. Rizzo stated she proposed having a sign at this location indicating it was not a carnival entrance, and directing traffic back onto Freitas Parkway. She reiterated that there are over 60 spots on the site. Confirming that on balance he is in favor of this project, Councilmember Phillips stated he suspected that should it be more than a couple of blocks, residents would drive, and with regard to parents, the other large draw, being familiar with the area and where the parking is located, he suspected they would perceive this as being more desirable than across the street on Freitas. He indicated he would be anxious to drive the street. Ms. Rizzo stated they intended to do whatever is necessary to ensure it is as easy as possible on the neighbors, many of whom are school families and parishioners. Confirming that her concerns regarding parking had been addressed, Councilmember Heller stated that her only involvement with carnivals was through her local Sun Valley School, where she observed that people come and go throughout the day, opening up parking spots continuously. She believed this to be the difference in how an event such as this is planned for in that 1,000 people would not produce a great number of cars at any one given time. Ms. Rizzo concurred, indicating that her optimistic estimate of 1,000 people per day would be spread out throughout the entire day. Indicating his familiarity with the situation at St. Isabella's, Councilmember Miller congratulated Ms. Rizzo on her venture and stated that in 1964, a similar concept was initiated. Clark Allen, 360 Arias Street, stated that having listened to the concerns this evening, his apprehension pertained to the fact that in addition to the discussions regarding the parking, there is a mass on Saturday evenings, with various masses on Sunday, and this together with the carnival makes very little sense. As a neighbor, Mr. Allen stated he is concerned about the continued congestion and believed Council should address the issue of how to accommodate the various masses on Saturday evening and Sunday morning concurrent with a carnival. Ms. Rizzo explained that the Saturday evening mass was one of her first concerns when the idea of the carnival was initiated and she discussed the issue at length with Father Keane, Pastor. She indicated that this is one of the most lightly attended services and they intended to make arrangements for parking very close to the church, specifically for those attending mass that evening. Ms. Rizzo stated that on driving in, parking attendants would distribute some type of notice to be placed on the dash of the attendees' vehicles identifying them as mass participants, thereby, rendering it possible to park next to the church. She indicated also that Father Keane intended to encourage the parishioners for that particular weekend to perhaps attend one of the other services, rather than that particular Saturday evening service. She explained that the carnival does not commence until noon on Sunday and mass is over at approximately 11:50 a.m. SRCC Minutes (Regular) 07/01/2002 Page 5 SRCC Minutes (Regular) 07/01/2002 Page 6 Susan O'Reilly stated she resides on the corner of Freitas and Las Pavadas and her backyard backs up to the school where the basketball courts are. She indicated that she is not only concerned with parking, rather also the noise levels from the rides. She reported that for the Eighth Grade Graduation a year ago, a Jumpie was brought in and the noise level continued until between 11:00 p.m. and 12:00 midnight. She commented that there is parking on the other side of her backyard fence for all events. Ms. O'Reilly stated she is in favor of fundraisers for schools; however, her concern rests with the noise and parking in her backyard, as people are permitted to use the space where the basketball courts are located. She indicated that three days is a lot and favored some type of solution whereby the gate could be closed off to prevent cars from entering, thereby reducing some of the noise and echo. Referring to the noise levels from the rides, Ms. O'Reilly inquired as to their placement on the school property. Responding, Ms. Rizzo empathized with this legitimate concern and explained that Butler Amusements wanted to have the carnival go until 11:00 p.m. on Friday and Saturday evenings, which she refused, stating 10:00 p.m. would be the latest. She explained that Ms. O'Reilly's concern with traffic would not materialize in the area referred to as this particular area would contain booths, food , etc., with no traffic in the evening. She stated she is familiar with Ms. O'Reilly's concern when the parish hall is rented out as people do park back there; however, this will not be the case in this particular instance, and it will be completely closed down and quiet by 10:00 p.m. She indicated that the rides would be located on the blacktop; therefore, some would be in the vicinity referred to by Ms. O'Reilly; however, she reiterated they will be stopped and quiet by 10:00 p.m. She reported that only security would remain on site after this time. Mayor Boro stated that should this venture be successful it could be something the school would favor doing on an annual basis; therefore, he suggested that staff conduct some monitoring of the event to ascertain whether issues arise and if so, explore means of addressing them. Diane Allen, resident, thanked Ms. Rizzo for information she supplied. With regard to security, she inquired whether the lighting would continue all night. Responding in the negative, Ms. Rizzo explained that it would be security guards patrolling the area on foot, with no illumination after 10:00 p.m. Ms. Allen inquired as to what would happen to the 15 — 20 cars stored on the site by St. Vincent de Paul, as this could provide a further 20 spaces for parking. Principal Planner Kristie Richardson explained it was her understanding that the cars presently stored on the site would be removed for the event and located at St. Vincent's. Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 11128— RESOLUTION APPROVING A PERMIT TO ALLOW ST. ISABELLA'S SCHOOL TO HOLD A CARNIVAL OCTOBER 11-13, 2002, AT ONE TRINITY WAY (APN: 175-181-25 AND 27) AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: SPECIAL PRESENTATION: Heller, Miller, Phillips and Mayor Boro None Vice -Mayor Cohen 17. PRESENTATION OF RESOLUTION OF APPRECIATION IN RECOGNITION OF TWENTIETH ANNIVERSARY OF CANAL COMMUNITY ALLIANCE (CM) — FILE 102 Mayor Boro explained that approximately one week ago, The Canal Community Alliance celebrated its 201h Anniversary and as a number of Council members were out of town he indicated to Tom Wilson, Executive Director, that as the City had a Resolution of Appreciation for him, he was inviting him to attend this meeting so Councilmembers could collectively make the presentation. He commented that Vice -Mayor Cohen was on a well-deserved vacation. Mayor Boro stated that everyone was very proud of the work done by the Canal Community Alliance and the partnership with the City of San Rafael, including the building at Pickleweed and the use of that facility over the years and hopefully, for years to come. He reported that the Resolution addressed all these great accomplishments. It also cites Mr. Wilson, the fact that he has been with the Canal Community Alliance for ten years, and the great leadership he has brought to the organization. On behalf of the Citizens of San Rafael and the members of the City Council, Mayor Boro thanked and congratulated Mr. Wilson. SRCC Minutes (Regular) 07/01/2002 Page 6 SRCC Minutes (Regular) 07/01/2002 Page 7 Mr. Tom Wilson, Executive Director, Canal Community Alliance, stated it was an honor to be present and to serve this great city for ten years. He believed the 1992 date to be auspicious in that it was Mayor Boro's first year. PUBLIC HEARING: 18. Public Hearing — TO CONSIDER AN INCREASE IN THE VOTER -APPROVED PARAMEDIC SERVICES SPECIAL TAX IN THE CITY OF SAN RAFAEL, CSA 19, CSA 13 AND MARINWOOD CSD AND ADOPTION OF AN ORDINANCE ESTABLISHING TAX RATES FOR FISCAL YEAR 2002/2003 FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES (MS) — FILE 9-12-1 x 9-3-31 Assistant City Manager Ken Nordhoff stated this is a request to set the tax rates for Fiscal Year 2002/2003 for the Paramedic program. He explained the Fire Chief and his staff are responsible for providing paramedic services, not only in the incorporated city area, but also in Marinwood and two County service areas. This has been in place since 1980. Mr. Nordhoff stated that each year, staff generates a proposed budget for the Paramedic Program. The full costs of providing the services are considered, the number of properties currently levied various tax rates, both residential and non-residential, are evaluated, together with the third -party billing which provides approximately 40% of the income to this program; therefore, the taxes make up the balance of approximately 60%. Mr. Nordhoff explained that the current voter approved limits are $53 for residential and 7 cents for non-residential, or commercial/industrial property, and is levied on a square -footage basis. Based on the cost review, Mr. Nordhoff stated staff proposes that the taxes for residential, currently $50, be increased to $52 and the non-residential, currently $.0610 cents per square foot, be increased to $.0625 cents per square foot. He stated that doing so will establish taxes which are appropriate to recover all costs next year, and staff recommends adoption of these rates. If adopted, he indicated that staff would be working with the County Auditor/Controller to ensure they are properly levied on everyone's tax bill. Mayor Boro confirmed that in both cases the amounts recommended are less than the voter - approved limits. Mayor Boro opened the public hearing and there being no comment from the audience, closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX RATE COMMENCING WITH FISCAL YEAR 2002-2003, AT THE RATES ALLOWED IN ORDINANCE NO. 1747 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL; AND FURTHER CONFIRMING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2002-2003 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, THE MARINWOOD COMMUNITY SERVICES DISTRICT, COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19" ($52 for Residential and $.0625 per square foot for Non-residential Property) Councilmember Miller moved and Councilmember Phillips seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1785 to print by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: COUNCIL CONSIDERATION: OLD BUSINESS: Heller, Miller, Phillips and Mayor Boro None Vice -Mayor Cohen 19. RESOLUTIONS ADOPTING AMENDMENTS TO THE 2001-2002 AND 2002-2003 BUDGETS (MS) — FILE 8-5 Assistant City Manager Nordhoff stated this report is somewhat unusual and different from the past in that the last few years have been spent deciding how to spend the excess monies, whereas this year the decision is how to spend somewhat less and pare down some items. Recapping, Mr. Nordhoff stated that staff has been projecting for close to six months that a $1.5 million shortfall has been estimated in the General Fund Budget for the upcoming fiscal year. He indicated that Council has been progressive in directing that staff evaluate decisions and consider some alternatives. Mr. Nordhoff stated that page 2 of the staff report highlights a series of actions SRCC Minutes (Regular) 07/01/2002 Page 7 SRCC Minutes (Regular) 07/01/2002 Page 8 taken on May 20, 2002 to initiate the first big chunk of the $1.5 million problem. Some service reductions were made and some positions were eliminated in Public Works, Police and Fire Departments, at a cost savings of $709,000. He stated that Council also considered implementing some additional fees and fines totaling $227,000. All told, a $964,000 budget balancing decision was made on May 201h, 2002. Mr. Nordhoff reported that since then, Study Sessions were conducted to consider other items, presented in the staff report commencing on page 3 under Expenditure Reductions. He explained that changes have been identified as discussed by Council, including reducing some financing for capital projects, particularly street resurfacing. Analyses of utility costs have been evaluated and staff has integrated what they believe to be some savings in that area; these had been increased a year ago; however, rates have fallen and staff believes there are some cost savings to be implemented. Mr. Nordhoff reported that a series of changes identified in the Parking Services function actually becomes memorialized as a division of Management Services, commencing on July 1, 2002. He explained that those costs are self -funding through fees and a variety of revenues to the parking fund; therefore, the budget balancing being undertaken this evening has no relevance to the parking operations. Mr. Nordhoff stated that a series of other program and administrative cuts have been implemented which are identified on pages 3 and 4 of the staff report. Also, on many occasions staff is requested to evaluate current staffing levels, which has been provided to afford a sense of how this looked when the two-year budget was adopted, and how these positions may have changed over the course of the last year. If approved, Mr. Nordhoff explained that the actions tonight would present balanced budgets. He identified one issue, partially his oversight, to the effect that the Marin County Major Crimes Task Force had been discussed a year ago and staff looks to a continuation of this program. He noted a number of discussions had taken place with the City Manager and Police Chief in this connection. Mr. Nordhoff explained that in generating the two-year budget, funding was set aside for this program for the last fiscal year; however, funding was not set aside for this purpose in the current fiscal year. He reported his belief that some reports are due, together with some additional analysis; therefore, funding is not currently in the budget for that program. He indicated that should Council choose to consider continuing this funding totaling $131,000, it would be necessary to consider other budget alternatives. He stated his report suggests that should Council choose to do this, the issue could be considered when the State budget settles, as staff believes there will be some adverse impacts, particularly to the General Fund. Mr. Nordhoff indicated this should be known, hopefully within the next couple of weeks, when the Task Force Item, together with the State Budget actions could be considered. Mr. Nordhoff stated some exhibits identifying the major changes in revenues and expenditures have been provided, together with a high level summary of the gross budget for revenues and expenditures. Mr. Nordhoff stated this provides a balanced budget for the coming year, pending State action in the next few weeks. Noting that discussions took place regarding the Major Crimes Task Force and the City's role, and subsequent to discussions with Vice -Mayor Cohen who indicated he had input to provide, Mayor Boro stated he informed Vice -Mayor Cohen he would hold this item over until the next City Council Meeting. Mayor Boro stated he would favor not adopting a budget with the money extracted, as it could be perceived that a decision had already been reached. He recommended adopting this budget with that item reinstated and return in a month with that and any other changes for discussion, and should the decision be to retain this amount, it will be necessary to make other reductions. Mayor Boro believed that informing the Sheriff's Department that talks would continue in this connection, and then adopt a budget with the funds already removed was inconsistent. Believing the issue was not yet resolved, Mayor Boro indicated his recommendation was not to extract the funds at this stage. Mr. Nordhoff confirmed this amount could be reinstated. In response to Councilmember Miller's inquiry regarding a balanced budget, Assistant City Manager Nordhoff suggested the budget might only be balanced very temporarily, as with State action it could immediately be out of balance; therefore, the time frame would be short. Councilmember Miller inquired as to the legality of proceeding with an imbalanced budget. Assistant City Manager Nordhoff confirmed that a balanced budget was adopted a year ago and these are amendments while progressing. He considered these items to be a whole series of amendments, short of one item still requiring resolution, to bring the budget back into balance. This he believed would be resolved when the item is next agendized. SRCC Minutes (Regular) 07/01/2002 Page 8 SRCC Minutes (Regular) 07/01/2002 Page 9 City Manager Rod Gould concurred with Mr. Nordhoff and explained that Council has chosen since 1997 to budget in twenty-four month increments and to make incremental adjustments approximately every six months to ensure the budget remains in balance. He reported that the Assembly today failed to reach agreement on a State Budget; it may be there could be a budget shortly; however, on the other hand, it could be some time before there is a State Budget and the full impact on local government is known. Mr. Gould stated it was not possible to state whether this item would be back before Council at the next meeting or next month. With the impact of the State Budget, Mr. Gould believed when it occurs further adjustments will be necessary and there could also be additional adjustments to be made next winter, subsequent to the State making another attempt to maintain matters in balance. Mr. Gould stated staff would probably be back before Council several times before the end of this two-year budget cycle to keep the budget in balance as required by state law. Mayor Boro confirmed for Councilmember Miller that a balanced two-year budget was adopted a year ago and the process is continuously being evaluated as issues, lack of revenue and new demand arises, to retune it. He stated that in essence, a balanced budget is already in place, while making adjustments to meet current needs; however, Mayor Boro stated the issue of the Major Crimes Task Force is open and he was concerned about the inconsistency of not funding it and subsequently discussing it. Assuming the $131,000 for the Major Crimes Task Force is reinserted, Councilmember Phillips inquired as to when San Rafael is obliged to fund the County for this program. Responding, Assistant City Manager Nordhoff indicated it would be fairly soon in the fiscal year. Because of this Councilmember Phillips indicated the issue needed to be addressed fairly soon as he would not wish to have the program funded, even though it is budgeted for, without having conclusive discussion. City Manager Gould confirmed Council would favor discussing and making a decision on this issue at the next Council meeting whether or not a State Budget is in place and the impacts of such budget known. Mayor Boro commented that to go too far in could render the City committed by default. City Manager Gould indicated this item would be agendized for the meeting of July 15, 2002. Assistant City Manager Nordhoff stated that a series of updates on Performance Goals and Objectives was provided in this evening's packet, with extra sets available in the lobby. He indicated they measure a significant amount of progress on a whole host of initiatives and staff would continue to update these for Council at the eighteen -month review and also at the end of the two-year cycle. Regretting the lack of public representation this evening and noting the presence of the Press, Mayor Boro recalled that when the process was begun several years ago, he talked to Ted Gaebler, author of "Reinventing Government" who said it was rare for a City to adopt these kinds of work plans, and even more rare to return in public session to report on their status. Mayor Boro stated he was pleased San Rafael was rare in taking this very seriously and noted City Manager Gould, the Department Managers and City employees take these as their marching orders. He noted the report contained a lot of detail and is a great roadmap to what happens in City Hall. Mayor Boro applauded all for their efforts. Councilmember Heller stated that with service cutbacks, etc., her number one priority is to ascertain when it will be possible to continue to enhance the infrastructure of the City. She believes it to be important to leave a more superior City to a future Council than that inherited or currently exists. Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 11129— RESOLUTION AMENDING THE 2001-2002 BUDGET AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Vice -Mayor Cohen Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution with the revised expenditure figure of $56,994,050, reflecting the reinstatement of $131,000 in funding for the Major Crimes Task Force. RESOLUTION NO. 11130 — RESOLUTION AMENDING THE 2002-2003 BUDGET (As amended to reflect the inclusion of the Major Crimes Task Force expenditure amount of $131,000, making a total of $56,994,050; Item to be Agendized for City Council Meeting of July 15, 2002 for Council to make decision on whether City will continue to be part of the Major Crimes Task Force) SRCC Minutes (Regular) 07/01/2002 Page 9 SRCC Minutes (Regular) 07/01/2002 Page 10 AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Vice -Mayor Cohen COUNCILMEMBER REPORTS: FILE 9-1 20. None. There being no further business, the City Council meeting was adjourned at 8:50 p.m. and Mayor Boro announced that Council would return to Closed Session. CLOSED SESSION — CONFERENCE ROOM 201: 1 b) Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Lydia Romero, Daryl Chandler Employee Organizations: San Rafael Fire Chief Officers' Association San Rafael Fire Association San Rafael Police Mid -Management Association San Rafael Police Association Marin Association of Public Employees, Supervisory Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 Marin Association of Public Employees, Childcare Unit, SEIU Local 949 At the conclusion of Closed Session 1 b), at 10:35 p.m., Mayor Boro announced that no reportable action was taken. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12002 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 07/01/2002 Page 10