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
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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
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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.
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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
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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