HomeMy WebLinkAboutCC Minutes 2003-06-16SRCC Minutes (Regular) 06/16/2003 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 16, 2003 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:45PM:
Mayor Boro announced Closed Session item.
CLOSED SESSION — CONFERENCE ROOM 201 — 7:45 PM:
Present: Albert J. Boro, Mayor
Gary O. Phillips, Vice -Mayor
Barbara Heller Councilmember
Cyr N. Miller, Councilmember
Absent: Paul M. Cohen, Councilmember
Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9(a).
Case name: Tricia McCarthy vs. City of San Rafael
WCAB No.: SFO 459329
No reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None.
Councilmember Phillips moved and Councilmember Milller seconded, to approve the Consent Calendar as
follows:
ITEM
2. Approval of Minutes of Special Joint and Regular
Meetings of Monday, May 19, 2003 and Special
Meeting of Monday, June 2, 2003 (CC)
4. Resolutions Re: Election Matters — General
Municipal Election November 4, 2003 (CC) —
File 9-4
a) Resolution of the City Council:
1) Proposing a General Municipal
Election, to be held Tuesday,
November 4, 2003, including the
San Rafael Elementary School
District and the San Rafael High
School District General Election;
2) Requesting the Board of
Supervisors to Consolidate with
Any Other Election Conducted on
the Same Date; and
3) Requesting Election Services by
the County Clerk
b) Resolution Reaffirming Policy Regarding
Number of Words in Candidate's
Statement of Qualifications, and Providing
that the Cost of Printing and Handling of
Candidate's Statement of Qualifications
Shall be Borne by the Candidate and Paid
for at the Time Nomination Papers are
Filed
RECOMMENDED ACTION
Minutes approved as submitted.
a) RESOLUTION NO. 11332 —
1)
PROPOSING A GENERAL
MUNICIPAL ELECTION,
INCLUDING THE SAN RAFAEL
ELEMENTARY SCHOOL
DISTRICT AND THE SAN
RAFAEL HIGH SCHOOL
DISTRICT GENERAL
ELECTION, TO BE HELD ON
TUESDAY, NOVEMBER 4,
2003;
2)
REQUESTING THE BOARD OF
SUPERVISORS TO
CONSOLIDATE WITH ANY
OTHER ELECTION
CONDUCTED ON THE SAME
DATE;
3)
REQUESTING ELECTION
SERVICES BY THE COUNTY
CLERK
b) RESOLUTION NO. 11333 —
RESOLUTION REAFFIRMING
POLICY REGARDING
NUMBER OF WORDS IN
CANDIDATE'S STATEMENT OF
QUALIFICATIONS, AND
PROVIDING THAT THE COST OF
PRINTING AND HANDLING OF
CANDIDATE'S STATEMENT OF
QUALIFICATIONS SHALL BE
BORNE BY THE CANDIDATE AND
PAID FOR AT THE TIME
NOMINATION PAPERS ARE
FILED
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c) Resolution Requesting the Board of
c) RESOLUTION NO. 11334 —
Supervisors of the County of Marin to
RESOLUTION REQUESTING THE
Permit the County Clerk to Consolidate
BOARD OF SUPERVISORS OF
Precincts and Polling Places Relating to
THE COUNTY OF MARIN TO
the San Rafael General Municipal
PERMIT THE COUNTY CLERK TO
Election
CONSOLIDATE PRECINCTS AND
POLLING PLACES RELATING TO
THE SAN RAFAEL GENERAL
MUNICIPAL ELECTION
5. Approval of Appointments to the Central Marin
Council approved the following
Community Advisory Committee on
appointments:
Transportation Sales Tax Expenditure Plan (CM)
Noble A. (Rocky) Birdsey
— File 170
Roger A. Smith
Damon Connolly
Patrick Murphy
Thomas Hinman
Bob Sonnenberg
Don Dickenson
Mayor Boro
6. Summary of Legislation Affecting San Rafael
Accepted report.
(CM) — File 116 x 9-1
7. SECOND READING AND FINAL ADOPTION OF
Approved final adoption of
ORDINANCE NO. 1804 — An Ordinance of the
Ordinance No. 1804.
City Council of the City of San Rafael Amending
the Zoning Map, Adopted by Reference in
Section 14.01.020 of the Municipal Code, so as
to Reclassify Certain Real Property from Planned
Development (PD 1758) District to a Revised PD
District (ZC 03-001) for Conversion of an
Approved Light Industrial/Office Complex to a
Commercial Condominium Campus Located at
4300 Redwood Highway (APN: 155-110-05 and
06) (CD) — File 10-3 x 10-5 x 10-7 x 10-8
8. Resolutions Approving Sole Source Contracts for
1) RESOLUTION NO. 11335—
the new Fire Dispatch Center (FD) —
RESOLUTION AUTHORIZING THE
File 4-1-560 x 4-1-559 x 13-5 x 9-3-31
GRANTING OF A SOLE SOURCE
CONTRACT BETWEEN THE CITY
OF SAN RAFAEL AND
TELECOMMUNICATION
ENGINEERING ASSOCIATES
2) RESOLUTION NO. 11336 —
RESOLUTION AUTHORIZING THE
GRANTING OF A SOLE SOURCE
CONTRACT BETWEEN THE CITY
OF SAN RAFAEL AND S & J
SALES
3) RESOLUTION NO. 11337 —
RESOLUTION AUTHORIZING THE
GRANTING OF A SOLE SOURCE
CONTRACT BETWEEN THE CITY
OF SAN RAFAEL AND
INNOVATIVE CASEWORK, INC.
9. Resolution Declining to Directly Accept Funds
RESOLUTION NO. 11338 —
made Available Through the Juvenile
RESOLUTION DECLINING TO
Accountability Incentive Block Grant (JAIBG)
DIRECTLY ACCEPT FUNDS MADE
Program Administered by the Office of Criminal
AVAILABLE THROUGH THE
Justice Planning and Authorizing the Funds to be
JUVENILE ACCOUNTABILITY
Expended by the County of Marin for the Mutual
INCENTIVE BLOCK GRANT (JAIBG)
Benefit of Both Units of Local Government by
PROGRAM ADMINISTERED BY THE
Maintaining a Juvenile Drug Court (PD) —
OFFICE OF CRIMINAL JUSTICE
File 9-3-30
PLANNING AND AUTHORIZING THE
FUNDS IN AN AMOUNT NOT TO
EXCEED $14,344 TO BE EXPENDED
SRCC Minutes (Regular) 06/16/2003 Page 2
10. Resolution Accepting a Proposal From Econolite
Control Products for Procurement of Traffic
Signal Detection Cameras in the Amount of
$85,000 and Authorizing the Director of Public
Works to Execute the Purchase Agreement
(PW) —File 4-2-322 x 11-10
11. Resolution Accepting Proposal from Kimley-Horn
for the Design of the Third and Union Traffic
Signal and Intersection Improvements in an
Amount not to Exceed $77,000 and Authorizing
the Director of Public Works to Execute the
Professional Services Agreement (PW) —
File 4-10-336 x 11-10
13. Resolution Accepting a Proposal from
CSW/Stuber-Stroeh for the Design of Eucalyptus
Lane Drainage Improvements in an Amount not
to Exceed $22,530 and Authorizing the Director
of Public Works to Execute the Professional
Services Agreement (PW) —
File 4-10-337 x 9-3-40 x 12-9
SRCC Minutes (Regular) 06/16/2003 Page 3
BY THE COUNTY OF MARIN FOR
THE MUTUAL BENEFIT OF BOTH
UNITS OF LOCAL GOVERNMENT BY
MAINTAINING A JUVENILE DRUG
COURT
RESOLUTION NO. 11339 —
RESOLUTION ACCEPTING A
PROPOSAL FROM ECONOLITE
CONTROL PRODUCTS FOR
PROCUREMENT OF TRAFFIC
SIGNAL DETECTION CAMERAS IN
THE AMOUNT OF $85,000.00 AND
AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE THE
PURCHASE AGREEMENT
RESOLUTION NO. 11340 —
RESOLUTION ACCEPTING
PROPOSAL FROM KIMLEY-HORN
FOR THE DESIGN OF THE THIRD
AND UNION TRAFFIC SIGNAL AND
INTERSECTION IMPROVEMENTS IN
AN AMOUNT NOT TO EXCEED
$77,000 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO
EXECUTE THE PROFESSIONAL
SERVICES AGREEMENT
RESOLUTION NO. 11341 —
RESOLUTION ACCEPTING A
PROPOSAL FROM CSW/STUBER-
STROEH ENGINEERING GROUP,
INC. FOR THE DESIGN OF
EUCALYPTUS LANE STORM
DRAINAGE IMPROVEMENTS AND
AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE THE
PROFESSIONAL SERVICES
AGREEMENT IN AN AMOUNT NOT
TO EXCEED $22,530
14. Resolution Authorizing a Pilot Program for RESOLUTION NO. 11342 —
Sidewalk Activities Downtown (RA) — RESOLUTION AUTHORIZING A
File 140 x (SRRA) R-181 x R-140 #8 PILOT PROGRAM FOR SIDEWALK
ACTIVITIES DOWNTOWN
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
Mayor Boro noted item #14 requested that two Councilmembers serve on the committee on this pilot
program and he appointed Councilmembers Heller and Miller to work with the Redevelopment Agency on
this program.
The following item was removed from the Consent Calendar for discussion:
3. CONSIDERATION OF COUNTY -WIDE PROGRAM FOR THE REGULATION OF TAXICAB
TRANSPORTATION SERVICES (CM) — FILE 9-9
Kevin Carroll indicated he had the pleasure of serving on the San Rafael School Board some
time ago and tonight was representing himself as the owner of Tiburon Taxi Company and also
Belaire Taxi Company, with whom he works. The owner of Radiocab, Belaire Cab and Yellow
Cab that operate in San Rafael could not be present, as he was attending the Mill Valley City
Council meeting where a similar agenda item was being considered. Mr. Carroll stated the
owner of Happy Cab with whom he had spoken last week before it was known this item would
be on the agenda, indicated she did wish to be included.
Mr. Carroll stated that the Marin County Taxi drivers and owners were attending these meetings
to protest the creation of a new Countywide agency to regulate taxis. He noted the proposed
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agency would be paid for by new taxes on companies and drivers, and indicated they already
paid taxes and fees to seven Marin County cities and Marin County itself. These new taxes
would have to be passed on to Marin County taxi customers, resulting in higher fares.
Mr. Carroll reported that the Marin County City Managers at a private monthly meeting
discussed how to comply with the government code regarding drug and alcohol testing of taxi
drivers. He indicated this could be accomplished by ordering the taxi companies to commence
this testing and reporting the results to the individual cities. It would take less than one hour per
month per city to verify the results of this testing and the actions taken by the taxi companies.
Instead, Mr. Carroll stated the City Managers are proposing that the current Marin Street Light
Acquisition Authority and $5,000 of its funds be spent to pay attorneys' fees to create a new
agency, The Marin Taxi Regulating Authority. He indicated they are using the Orange County
Taxi Administration Authority as a model, which has 28 pages of regulations and creates full
time bureaucratic jobs. He noted that Orange County has a population of three million, while
Marin has 246,000. There are 25 companies in Orange County, only 6 in Marin; 755 drivers in
Orange County and less than 150 in Marin County. Mr. Carroll stated that the regulations apply
to over 550 taxicabs in Orange County, while there are approximately 55 in Marin.
Based on the Orange County model, Mr. Carroll reported that each driver would have to pay
$200 in fees the first year to drive, for a total of approximately $9,000. Companies in the first
year using Orange County's model would have to pay $37,905 in fees.
Mr. Carroll requested the City Council table this item and not spend the $5,000 on attorneys'
fees until the City staff could come up with the following:
a) The current costs of regulating taxicabs;
b) The cost of implementing the drug and alcohol policy only;
c) The cost of a full model of regulating authorities (what it would cost the City); and
d) The effect this would have on the rates charged to taxi customers.
Mr. Carroll stated the San Rafael budget is based on staff's estimate of over a 30% drop in
tourism and visitor spending. This, combined with rising vehicle and workman's compensation
insurance, plus the increase in gasoline prices, has already had a severe impact on both the
companies' and drivers' incomes. He urged the City Council not to add to these burdens with
excessive regulatory costs. Mr. Carroll stated they are not opposed to taxi regulation, rather
they are only opposed to over -regulation. Rather than placing an item on the agenda that
would drastically affect their jobs, without notifying any of them, he requested that staff be
directed to meet with the company owners and drivers to receive their input on any plan.
City Manager Rod Gould stated he heard and understood Mr. Carroll's concerns; however,
believed them to be premature. State law changed several years ago requiring more of cities
and counties regarding the regulation of taxicabs, and he reported it was found amongst the
eleven cities and towns in Marin County, that there is a wide disparity in the different ordinances
and efforts being made by the different jurisdictions to comply with the State law.
Mr. Gould stated the question before Council this evening was not to adopt an ordinance or
even a program. The only policy question before Council was whether they wished to go it
alone and have San Rafael devise its own program, or whether they wished to join with the
other cities and towns in Marin and do it cooperatively, as is done in a number of other areas.
He believed this to be more cost-efficient than each city and town going it alone. He
commented that if he owned a cab company, he would much prefer to deal with one entity
rather than eleven.
Regarding Mr. Carroll's request that the City meet with him and other cab company owners, Mr.
Gould agreed absolutely, indicating this was the plan. Should San Rafael and the other cities
and towns wish to engage in this cooperative effort, the draft ordinance, policies and
procedures and costs would be developed and the cities and towns would meet with the cab
companies prior to a public hearing. This, he indicated, was normal procedure and they were
committing to it in this case also.
Mr. Gould stated that the only policy question before the City Council was whether San Rafael
wished to regulate cab companies alone, or in conjunction with the other jurisdictions in Marin.
Mayor Boro clarified this to be whether the City wished to explore doing it in conjunction with
the other cities. He stated that the issue would be brought back to Council and based on the
facts developed, Council could choose whether to go forward.
Mayor Boro stated that this evening's action was to have this joint approach evaluated. Staff
would return with a recommendation of the pros and cons of a joint venture throughout the
County, or the City by itself, with the added requirements. He indicated that at that time, a
hearing would take place and staff would be working with the taxicab companies prior to
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returning the issue to the City Council.
Councilmember Heller believed the City was better off working through the entire County to
generate one program, indicating it would be easier for each taxicab company and the drivers.
Councilmember Heller moved and Councilmember Phillips seconded, to approve staff
recommendation to consider a Countywide program for the regulation of taxicab transportation
services.
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
The following item was also removed from the Consent Calendar for discussion:
12. RESOLUTION AUTHORIZING MATCHING FUNDS NOT TO EXCEED $100,000 FOR THE
SANTA MARGARITA CREEK IMPROVEMENTS (DEL GANADO DITCH) (PW) —
FILE 12-9 x 9-3-40 x 8-5
Mayor Boro congratulated Pete Martin, Greg Knell and their entire community for the great job
they had done to date on this project.
Pete Martin stated that a little less than two years ago they appeared before the City Council to
explore the idea of a public/private partnership between the neighborhood association and the
City to accomplish something that was being attempted for 50 years, i.e., decorate the ugly
ditch and return it to some semblance of its former, natural state, and improve the community.
He indicated that this evening they wished to announce they had a very successful campaign
over eighteen months, raising over $100,000, and less expenses, they had a net amount of
approximately $93,000 presently. Mr. Martin stated they were prepared to loan themselves the
remainder of the funds from the Santa Margarita Neighborhood Association funds to meet their
$100,000 share obligation by the end of the month. He indicated they would continue
fundraising beyond that to recover that money, which was seed money to begin their next
program.
Mr. Martin reported that City staff had been marvelous throughout the entire process. While
there were some rough spots along the way, they were true professionals and understood the
process. He recognized City Manager Rod Gould, Interim Public Works Director Andy Preston,
Associate Engineer Diane Decicio, Community Services Director Carlene McCart and many
others, indicating it was truly a partnership. He thanked the City Council for their support.
Greg Knell suggested getting on with the vote, noting they had worked a long time for this and
he concurred with Mr. Martin's remarks.
Councilmember Heller stated she never believed this point would be reached and it was
wonderful.
Councilmember Phillips stated this was truly an example of what could be done working
together and he was delighted with the outcome.
Councilmember Phillips moved and Councilmember Miller seconded, to adopt the resolution.
RESOLUTION NO. 11343 - RESOLUTION AUTHORIZING MATCHING FUNDS
NOT TO EXCEED $100,000 FOR THE SANTA MARGARITA
CREEK IMPROVEMENTS (DEL GANADO DITCH)
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
Mayor Boro announced that item #16 would be heard before item #15.
NEW BUSINESS:
16. RE: GOLD HILL GRADE: (CA) — FILE 2-1-82 x 13-14.1 x 9-3-16
A) CONSIDERATION OF RESOLUTION:
1) APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A LAND PURCHASE
AGREEMENT FOR CITY ACQUISITION OF 26 ACRES ON GOLD HILL GRADE
FOR OPEN SPACE (APN 015-250-28; 015-250-55);
2) AUTHORIZING THE MAYOR TO EXECUTE CERTIFICATES OF ACCEPTANCE OF
GRANT DEEDS FOR SAID PARCELS; AND
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3) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL OTHER
DOCUMENTS NECESSARY TO COMPLETE
SAID PURCHASE
B) CONSIDERATION OF RESOLUTION:
1) APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM
OF UNDERSTANDING WITH THE MARIN COUNTY OPEN SPACE DISTRICT FOR
THE PURPOSE OF GRANTING TO SAID DISTRICT A CONSERVATION
EASEMENT OVER 26 ACRES ON GOLD HILL GRADE FOR PERMANENT OPEN
SPACE IN EXCHANGE FOR DISTRICT CONTRIBUTION OF FUNDS TOWARD THE
PURCHASE OF SAID PROPERTY; AND
2) APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A CONSERVATION
EASEMENT OVER 26 ACRES ON GOLD HILL GRADE FOR PERMANENT OPEN
SPACE
Assistant City Attorney Gus Guinan reported that this property consisted of a total of 26 acres
covered with eucalyptus and acacia trees running up above the Dominican College campus.
He indicated that the Gold Hill fire road runs through it, noting it is at the end of Gold Hill Grade
and surrounded on three sides by Barbier Park.
Mr. Guinan stated that in the past several years there had been attempts by previous and
current owners of this property to develop residential housing on the site. In more recent
years, the Save Gold Hill Committee, which included Jack Nixon, Don Dickenson, Bob
Sanderson, Shirley Sanderson, Ray Taylor, Mary Coleman and Paul Keitor, had worked very
hard and diligently to raise funds for the purchase of this property to preserve it in perpetuity as
City open space lands. Mr. Guinan reported that the Save Gold Hill Committee had raised over
$100,000 (they would identify the specific amount later this evening), and had also worked to
get the assistance, both financial and moral, of the County Open Space District, also working
to secure City funds. He indicated that the assemblage of these monies would pay the
purchase price of $690,000 for the property.
Mr. Guinan reported that the $690,000 was broken down as follows:
• Marin County Open Space District would contribute a total of $95,000;
• Save Gold Hill Association would contribute at least $105,000; and
• The City would contribute up to a maximum of $490,000.
Mr. Guinan indicated that the City's funds come from the 1972 Open Space Bond Fund. He
explained that these monies cannot be used for any General Fund purpose, rather only for the
acquisition of open space land.
He reported that both the Marin County Open Space District and the Save Gold Hill
Association would deposit their monies into the escrow account by the end of this month.
Under the terms of the Purchase Agreement and the agreements reached with the Marin
County Open Space District, Mr. Guinan reported that the City would give the Open Space
District a permanent easement over the 26 acres to preserve it as open space, this to be done
in return for their financial contribution. The City would take title to the property and manage it
consistent with its open space ordinance and natural environment element of General Plan
policies and other City open space plan policies, together with certain restrictions in the MOU
with the County Open Space District.
Mr. Guinan indicated that the escrow costs would be paid completely by the City and he
learned late this afternoon that these total approximately $1,600.
On a final note, Mr. Guinan reported several easements across the 26 acre parcel:
• A roadway access easement that basically parallels the existing fire road;
• A water pipeline easement going across the property; and perhaps most significantly
• A 25 -foot roadway easement for ingress and egress purposes in favor of the Grippi
family, who owns a 2 1/2 — 3 acre parcel above the 26 acres under discussion.
Mr. Guinan identified these on a map as follows
• The blue line outlined the two parcels comprising the 26 acres which the City would
purchase to add to the City's open space lands;
• The Grippi parcel which has the easement burdening the 26 acres;
The Yellow line demonstrated an approximation of the current, existing fire trail, which
goes in and out of the property;
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• The reason the second easement was created (red line) was that the easement for the
Grippi parcel was conveyed by the previous owners of the two parcels that are the
subject of this purchase. They had to convey the easement totally within that parcel, so
at some points it parallels the fire trail and at others, the easement the Grippi's hold
leaves the fire trail and stays totally within the 26 acres. Mostly, the Grippi easement
parallels the fire trail until the top of the property is reached. Where the Grippi
easement leaves the fire trail, if it is ever enacted upon, the Grippis have the right to
carve a new road across a portion of the 26 acres.
Mr. Guinan clarified the reason for his pointing this out was to ensure everyone was aware this
easement had been there for some twenty years and was iron tight. It was something the City
would have to deal with in the future.
Mr. Guinan reported the City was ready to close. The terms of the purchase agreement had
been agreed upon and the seller's attorney hoped to have his clients sign the agreement by
the end of the week.
Assuming there were other parcels of privately owned land adjoining the open space,
Councilmember Heller inquired whether any of the landowners could purchase an easement
off the one Grippi easement, should they wish to gain access into their property for any reason.
Clarifying the question to be whether a landowner could approach the Grippis and purchase
part of the easement, Mr. Guinan explained that the easement was conveyed by the owner of
the parcel. As successor, it would be the City's decision.
Don Dickenson, 327 Jewell Street stated that Jack Nixon, Chair of the Committee, would like
to have been present; however, was out of the country at present.
Mr. Dickenson stated it was with great pleasure that they brought this purchase proposal to
the City Council. From research he had carried out he had located a 1961 plan showing a 60 -
lot subdivision of the 26 acres with tiers of roads criss-crossing the hillside. He believed back
in 1961 this could have been possible; however, he did not believe it was ever submitted to the
City having been developed by an engineer for the then property owner.
Mr. Dickenson reported that more recently, the current property owner submitted the
application for the 6 -lot subdivision (6 very large homes up to 6,500 square -feet), and this was
when the committee was formed, determined to keep the subdivision from happening. The
application was withdrawn subsequent to considerable neighborhood opposition.
Explaining events over the past year, Mr. Dickenson stated that early in 2002, they learned
that City staff and the developer were discussing, what in most circumstances would have
been a very good project, the use of $600,000 in public money - $500,000 from the City open
space Bond Fund and $100,000 from the County Open Space District — to purchase 18 acres,
or approximately 2/3rds of the property. He reported the agreement was that the lower part
would be left for two houses, and at that point they had to make a very difficult decision. Mr.
Dickenson stated it was not easy to decide to oppose an open space acquisition. They had
considerable debate among their members, conducting an e-mail poll of the 500 people on
their list and it was clear the majority wanted to fight to save the entire property. He indicated
that at that point, they realized the only way they could accomplish that was to make life very
difficult, particularly for the property owner, so that he would understand the path he was
embarking upon was not going to be easy or inexpensive.
Mr. Dickenson reported the result of that decision put them in a position of having to be at odds
with City staff on a number of occasions. He recalled they probably filed the first appeal ever
of a completeness decision on an application, which was a lot line adjustment. He indicated
they filed a challenge to the fact that the Subdivision Committee was making a decision without
holding a meeting. They subsequently appealed the decision of the Subdivision Committee to
approve the two -lot subdivision, which was all part of their strategy. Mr. Dickenson indicated
he realized at the time it was very frustrating to staff; however, it was essential to get to the
point of convincing the property owner that he was in for a very long and expensive battle to do
anything with the property, with no certainty he would ever achieve anything more than two
houses.
For the grief caused to staff, Mr. Dickenson apologized, and he hoped the results of their
fundraising effort would help to compensate the City for what they had been put through. As
Bob Sanderson would indicate, Mr. Dickenson reported they had been very successful, all of
the pieces had finally come together and they very strongly urged the City Council to follow
staff's recommendation to approve all the necessary paperwork to accomplish this important
open space acquisition.
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Bob Sanderson, 11 Deer Park Avenue, San Rafael, stated he was a member of the Save Gold
Hill Committee and was addressing Council this evening because Jack Nixon was in Astonia
on business.
Mr. Sanderson stated that the preservation of Gold Hill as open space was an accomplishment
that would deliver tremendous benefit to the community; therefore, he wished to thank those
who made it happen, albeit it had not yet been voted on. He believed the merits of the
purchase and community support were sufficiently strong that he was confident both bodies
(City of San Rafael and Board of Supervisors) would vote to approve the purchase; therefore,
he would like to thank those who made it happen.
Mr. Sanderson thanked:
• The 1972 voters of San Rafael for passing the bond issue, which enabled this to
happen;
• The property owners, David Santistevan and his partner Greg Fowler, for agreeing that
the true highest and best use of Gold Hill was as open space;
• The City of San Rafael for recognizing an opportunity and expediting the process to
complete the transaction;
• The Marin County Open Space District, who were willing to support the Committee for
at least a year;
• The Marin Conservation League (MCL), who agreed to serve as a conduit for private
contributions, which meant that all private contributions would be 100% tax deductible.
Also, because MCL was waiving its usual fee for acting as a conduit, 100% of the
private contributions would go towards the purchase of Gold Hill;
• The supporters, of whom there were several hundred. They garnered their support in
two primary tangible ways:
1) Whenever there was a public meeting, there was a big turnout of supporters who
were quite vocal about expressing their opinions on Gold Hill. The most notable of
these meetings was the Subdivision Committee on the lot line adjustment last
summer, where more than 60 people attended at 3:00 on a Friday afternoon in
August to inform the Subdivision Committee of their interest in the decision;
2) Money — Having reached agreement with the developer on a purchase price, which
committed the community to contributing at least $95,000 of private funds, their
supporters responded promptly and generously. 155 individuals, families and
businesses contributed to date a total of $110,000 for the purchase of Gold Hill.
Roughly half of these contributors are from the Dominican neighborhood, a further
quarter from other neighborhoods in San Rafael and the remaining quarter from
throughout the Bay Area.
In particular, Mr. Sanderson stated he would like to single out the Dominican/Black
Canyon Neighborhood Association, who supported them from the outset, providing
venues for the public and private meetings, getting their message out to the 860
households in Dominican and they contributed to the purchase of Gold Hill.
Regarding the Save Gold Hill Committee, Mr. Sanderson stated this committee conducted its
campaign on donations of time, talent and expertise. They did not hire consultants, lawyers or
paid fundraisers and in fact, most of what little money they spent, went to Kinkos.
He thanked:
• Mary Coleman and Paul "Junior" Keitor for signing up hundreds of users of the trail;
• Ray Taylor for rallying support in the Dominican neighborhood and providing strategic
guidance;
• Shirley Sanderson, his wife, for legal services. Last summer she wrote two appeals of
the lot line decision that were very thoroughly researched and quite persuasive; (Mr.
Sanderson indicated his belief that the legal argument in the second appeal caused the
property owner to withdraw the lot line application and got him thinking that perhaps it
was best not to pursue development);
• Don Dickenson, whose encyclopedic knowledge of land use practice and policy, broad
network of contacts throughout the County with staff members and elected officials and
doggedness in pursuing what he believed to be right was an extremely potent
combination. Mr. Dickenson provided his expertise and insights intensely through the
campaign to save Gold Hill and his presence at meetings with the property owners
convinced them of the seriousness of the issue;
• Jack Nixon, Chair, who organized and led the campaign to preserve Gold Hill as open
space. He started the campaign as soon as he recognized there were plans for
development, signing up hundreds of his friends and neighbors to the mailing and e-
mail lists, indicating that sometime money could be needed. When "crunch time"
arrived this spring, Mr. Nixon led the negotiation with David Santistevan that resulted in
an agreement on the $690,000 purchase price. Subsequent to making the deal and
SRCC Minutes (Regular) 06/16/2003 Page 8
SRCC Minutes (Regular) 06/16/2003 Page 9
the word going out to supporters that money was needed, Mr. Nixon's friends kept their
promises, contributing promptly and generously, enabling $110,000 to be generated
towards the purchase of Gold Hill.
Mr. Sanderson stated this was his first personal participation in civic affairs and while there
were frustrations along the way, for the most part it was pure joy. He indicated he felt very
lucky to live in a City and County where public participation could make a real difference in the
direction government takes. He thanked all concerned.
Marin County Supervisor Susan Adams stated she was so pleased to be present this evening
as the City Council considered this item, not just because it represented an opportunity to
preserve a very special community asset, rather because it was exciting to her what could
happen when community members worked together with the City and the County, which she
viewed as a success.
Having only recently become involved, Ms. Adams stated she was "blown away" by the
amount of commitment, dedication and hard work the community had demonstrated. She
looked forward to a positive vote this evening and to seeing the issue on the Board of
Supervisors' Agenda in the near future. She congratulated the members of the community
who worked so hard to make this happen.
Noble "Rocky" Birdsey, 201 Belle Avenue, stated that some twenty years ago as a hiker and
trail user he discovered Gold Hill. Approximately ten years ago he purchased a piece of
property and one of his stipulations on moving to Marin County was that it had to be near trail
access and recreation opportunities. He indicated his real estate agent did a better job than he
could ever have imagined as he now resided next to Gold Hill, to which many people both in
the neighborhood and from outside the Bay Area come to enjoy the recreational opportunities.
He urged the City Council to vote affirmatively.
Councilmember Miller stated this really wells up in the heart, souls and pocket books of the
community. He indicated it was a marvelous example of what community based governance is
all about, i.e., the people giving direction on the way they wish to go. He hoped that when Mr.
Dickenson was writing his memoirs, he would include this so that the world could see what the
City of San Rafael and Marin County were all about, the people. He expressed his thanks.
Councilmember Phillips stated they had seen two examples this evening of the community
coming together and working with the City, which was how it should happen. He was proud of
the community and those directly involved in the process should be very pleased with the
outcome.
Councilmember Heller stated she had watched this process going through the "give and take"
over the past few years. She toured the property and reported it was absolutely gorgeous.
She was pleased there was an opportunity to bring this into open space for the benefit of the
entire City.
As Councilmember Cohen was in Washington D.C. on business, on his behalf Mayor Boro
expressed his support for the project, indicating he was sorry he was unable to vote for it.
Mayor Boro recalled that in the late 1960s or early 1970s when the City purchased what is now
Harry Barbier Park. Harry Barbier being a friend, Mayor Boro recalled long discussions with
him and it was great for his memory to have the Park named in his honor. He stated that was
a tremendous purchase, believing the property was purchased from the Kingston Trio and
Frank Sinatra for approximately $250,000. Mayor Boro stated it was great at the time,
indicating that the map demonstrated how it really completed the entire project. He believed
tonight's accomplishment was great.
Councilmember Phillips moved and Councilmember Heller seconded, to adopt the resolution.
1) RESOLUTION NO. 11344— RESOLUTION 1) APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A LAND PURCHASE
AGREEMENT FOR CITY ACQUISITION OF 26 ACRES ON
GOLD HILL GRADE FOR OPEN SPACE (APN 015-250-28,
015-250-55); 2) AUTHORIZING THE MAYOR TO
EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANT
DEEDS FOR SAID PARCELS; AND 3) AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY AND ALL
OTHER DOCUMENTS NECESSARY TO COMPLETE SAID
PURCHASE
SRCC Minutes (Regular) 06/16/2003 Page 9
SRCC Minutes (Regular) 06/16/2003 Page 10
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
Councilmember Miller moved and Councilmember Heller seconded, to adopt the resolution.
2) RESOLUTION NO. 11345 - RESOLUTION 1) APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE MARIN COUNTY OPEN
SPACE DISTRICT FOR THE PURPOSE OF GRANTING
TO SAID DISTRICT A CONSERVATION EASEMENT
OVER 26 ACRES ON GOLD HILL GRADE FOR
PERMANENT OPEN SPACE IN EXCHANGE FOR
DISTRICT CONTRIBUTION OF FUNDS TOWARD THE
PURCHASE OF SAID PROPERTY; AND 2) APPROVING
AND AUTHORIZING THE MAYOR TO EXECUTE A
CONSERVATION EASEMENT OVER 26 ACRES ON
GOLD HILL GRADE FOR PERMANENT OPEN SPACE
AYES:
NOES:
ABSENT
PUBLIC HEARING:
COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
COUNCILMEMBERS: None
COUNCILMEMBERS: Cohen
15. BUDGET HEARING — Budget for Fiscal Year 2003/2004 (MS) — FILE 8-5
1. SUMMARY OF SAN RAFAEL CHOICES MEETINGS
2. CAPITAL PROJECTS PROGRAM — JULY 2003 TO JUNE 2005 PERIOD
3. RECOMMENDATIONS TO DATE
4. DISCUSSION OF BUDGET BALANCING OPTIONS (SERVICE CUTS / NEW
REVENUES)
Assistant City Manager Ken Nordhoff stated Council had a fairly extensive packet of
information before them this evening and indicated he would give an overview and discuss four
major sections.
Mr. Nordhoff reported that for some time staff was aware of a downward economic cycle and
over the past couple of months had identified a projected $2.1 million budget deficit beginning
in the fiscal year 2003/2004. Recognizing also that the City had been working in two-year
budget cycles, staff had been projecting out costs for fiscal year 2004/2005 and the problem
gets worse, rising to a $4.3 million deficit.
Indicating that the City Council held Study Sessions on May 19 and June 3, 2003, Mr. Nordhoff
stated he would discuss some of the outcomes of those later. Firstly, he stated he was in
concurrence with City Manager Gould who suggested that even though it would be preferable
to adopt a two-year budget, given all of the uncertainties, including how hard the state would
hit the City, a question only of when and how long it would last, both the City Manager and he
were recommending adoption of a one-year budget. He indicated that while staff would
discuss two-year types of activities, the City Council would be requested to take action in one-
year cycles.
Mr. Nordhoff stated that page 2 of the staff report focused on the major themes of what staff
wanted to accomplish this evening, as follows:
1) Summary on the San Rafael Choices meetings and having the City Council accept that
report;
2) A quick update on the City's financial condition. More specifically, discussion of a
number of actions that were considered to close the budget gap for next year;
3) Update on Capital Project efforts through the CIP committee, laying out proposals for
the coming two-year period; and
4) Some Services Requested for Council consideration that they might choose to include
as additions to the budget.
Mr. Nordhoff stated that staff anticipated bringing the budget back to the City Council on July 7,
2003 for adoption; therefore, they sought as much direction as possible to accomplish this.
Regarding San Rafael Choices, Mr. Nordhoff reported that five meetings took place, designed
in similar fashion to what had been done in the past. These were rotated around the
community, attempting to conduct as much marketing and outreach as possible; however,
unfortunately, attendance was down. He indicated that in the past, because of economic
circumstances, staff had the opportunity to look at the ability to expand services or tick off
SRCC Minutes (Regular) 06/16/2003 Page 10
SRCC Minutes (Regular) 06/16/2003 Page 11
projects either local communities or the City at large could be interested in. This time,
however, the message was somewhat different and he believed people struggled with trying to
decide what could be done with less. Mr. Nordhoff stated there was a full report in the packet
and invited questions on this issue.
Mayor Boro noted Mr. Nordhoff had done a great job, recognizing he had forwarded this report
to everyone who attended the meetings, thereby keeping the City's promise.
Councilmember Miller concurred that the sessions were difficult as it was not easy for the
attendees to grasp the real choices. While the community sought everything, they also were
aware of the realization that perhaps this was not possible. When the point is reached of
having huge budget choices to make, he suggested again going out to the public to allow
people to express their choices.
Councilmember Heller inquired whether any feedback had been received as a result of the
distribution of the choices update. Mr. Nordhoff stated the only indirect feedback he had
received was a comment through the Mayor's office that someone had seen it, was
appreciative of getting it and having a full perspective of the proceedings. He had not received
any personal feedback to date.
Going through the process, Councilmember Heller inquired whether the City's web pages were
being kept up to date on budgeting, cuts, etc. Mr. Nordhoff stated that Lydia Romero,
Assistant to the City Manager, had been assisting him in trying to keep the website up-to-date
with as much information as possible. He indicated that some of tonight's information required
a little retooling to have it more user friendly; however, the information was being updated on
the website.
Having taken two different actions this evening involving a lot of money going out to the
community, Councilmember Heller inquired whether there was a way to indicate where this
money was coming from, and that it did not come from the General Fund. Mr. Nordhoff stated
he intended discussing in the Capital Improvement List how the funding was put together for
the creek restoration. He noted it had been specified that bond money was being used for the
open space acquisition; therefore, neither of the actions taken would solve this current
problem.
Councilmember Phillips inquired whether the $100,000 came from the General Fund. Mr.
Nordhoff clarified that half was coming from gas taxes and the other half from storm water
fees, for the City's match. The other half was coming from the neighborhood association and
the General Fund was not being tapped for any money.
Noting the only way the open space funds could be used was for the acquisition of open
space, Councilmember Phillips inquired whether the $100,000 could not have been used in
other ways. Mr. Nordhoff stated that gas tax or storm water funds could have been used in
other ways, as they are discretionary; however, they are not General Fund monies and not part
of the budget problem being faced today.
In going through this very difficult process, Councilmember Phillips indicated he was very
appreciative of the way Mr. Nordhoff and Mr. Gould had helped the City Council identify areas
to focus their attention on and perhaps cut, in a number of cases, with the least amount of
pain. He noted the public had difficulty in some cases as they were not completely aware of
the scope of services provided. He indicated Mr. Nordhoff and Mr. Gould had been
instrumental in assisting the City Council through the process, which he greatly appreciated.
Indicating that the staff report summarized some of the major trends in Tax Revenues, Mr.
Nordhoff reported that sales tax had a running six -quarter deficit and was back to levels below
a few years ago, and the same held true for hotel taxes. He received some late information
from staff this evening that indicated the next quarter, ending in June, would be up by
approximately 1 %, albeit approximately only $40,000.
Mr. Nordhoff reported that property tax and motor vehicle fees continue to remain stable
sources; however, all of this was couched under the umbrella of the state $38 billion deficit. As
recently as last week it was looking to "zip" local government of $1.1 billion, of which cities
would pay $466 million. Should that proposal go forward, it would cost San Rafael
approximately $925,000; this was not part of anything being discussed this evening, rather
informational.
Mr. Nordhoff reported staff built in some of the key underlying assumptions in connection with
expenses, folding in all the costs of compensation for employees, as they were all under long
term agreements, and making a modest adjustment of approximately 1.4% for operating
expenses, a CPI index.
SRCC Minutes (Regular) 06/16/2003 Page 11
SRCC Minutes (Regular) 06/16/2003 Page 12
On May 19th, the cost of insurance was discussed and Mr. Nordhoff stated the indications are
that healthcare premiums and workers' compensation liability insurance are all rising, which is
similar for San Rafael and other governments, as well as with the private sector.
Getting to the heart of tonight's action, Mr. Nordhoff referred to Schedule I which contained a
long list of items the City Council had considered over the course of a couple of meetings. He
highlighted some of the actions for the coming year:
• Closing the library one day per week. Although Friday was listed, there was not yet
final resolution on whether this would be Friday or potentially some other day; however,
a cost saving was associated with it, which also included eliminating a vacant library
position;
• Across the board cuts in travel, training and overtime;
• Elimination of vacant positions in planning, parks, street maintenance and risk
management;
• Falkirk programming being pared down, as well as staffing and the hours open,
particularly in the evenings;
• Elimination of the DARE program in the Elementary schools;
• Police Chief proposed restructuring the Investigations and Support Services units,
which effectively, eliminates a currently filled position at the end of this calendar year;
• Pursuant to much discussion, no further contribution of General Fund money to the
remodeling of the Third Floor; such cost would solely rest with the Community
Development Department, which had a couple of sources of funding;
• The cost of the two engineers working on the new parking structure at Third and C
Street had been assigned to the project. Funds are available in the project for this;
therefore, the General Fund avoids that cost for a year;
• A number of items were listed that would include either instituting new fees or
implementing increases in existing fee based services. The Business Cost Study is
close to completion and these would be returned to the City Council for specific action;
however, estimates as to the value of these fee increases have been made.
Mr. Nordhoff pointed out that an Employee Budget Workgroup consisting of approximately 20
employees from many departments spent a fair amount of time and came up with a number of
ideas, and their involvement was highlighted on Schedule 1. This group created approximately
$1.5 million worth of suggestions, with $2.2 million on the list for fiscal year 2003/2004;
therefore their contributions had been significant.
Pausing for questions, Mr. Nordhoff indicated that he and the City Manager had reviewed the
list at least a couple of times and believed it codified everything staff was directed to do in
terms of balancing the budget for this next fiscal year. Referring to the second column of
information, because next year was being forecast, Mr. Nordhoff indicated staff would like to
roll these numbers into the accounting machine to keep tabs on the deficit. The City Council
would certainly have the opportunity to revisit these should it so choose. He stated that many
of these were predicated on future retirements and a number of other items, and there would
be other opportunities to review them; therefore, while not bound by the second column,
Council should pay attention to the first column.
Mr. Nordhoff confirmed for Mayor Boro that the $137,805 surplus in the first column was
correct; however, was prior to discussing New Service Request items.
On completion of the final budget, Mayor Boro requested staff provide a one-page summary on
the workforce by department. Mr. Nordhoff indicated this was attached as Attachment E and
he thanked Dennis Shives, Assistant Director, Finance, for putting this together at the last
minute. He indicated that staff attempted to identify staffing patterns for the last couple of
fiscal years and what they would look like in the two years of the two-year cycle. He indicated
that staff reductions had been highlighted significantly and with one exception, they were all
vacant positions.
Mr. Nordhoff stated staff recommended the items on Schedule 1 be built into the budget and
returned for the July 7th meeting.
Regarding Attachments B and C, Mr. Nordhoff reported that the Capital Improvement Program
Committee (CIP) meets once per month and for information, wished to give the City Council a
SRCC Minutes (Regular) 06/16/2003 Page 12
SRCC Minutes (Regular) 06/16/2003 Page 13
sense of all the activities commenced in the last two-year budget cycle, listed on Attachment B.
He indicated they were sorted by category and within those categories, staff had listed whether
they were still active or completed. He pointed out that the list was fairly extensive; most of the
work being borne by the Public Works Department with assistance from other departments,
and approximately $46 million under management.
Mr. Nordhoff indicated that what he found interesting about this was that in getting into leaner
times, this active list would begin to shrink. He stated there was nothing to act on, it was
provided for information.
Turning his attention to Attachment C, Mr. Nordhoff reported this was a series of requests staff
would like to put forward as part of adopting the budget:
• The City continued to commit as much money from Gas Tax resources as possible and
spreading it around wherever possible; therefore, staff considered committing over
$800,000 per year in paving streets;
• Action was taken this evening on the design work for the Third and Union Intersection.
Some significant costs exist - from mitigation funds; however, staff was unsure where
the remainder would come from;
• Grant in the pipeline that would take care of an extensive pedestrian and bike signage
program. Although informational at this point, staff believed it could come to life;
• The creek improvements, while a $200,000 project, it was to be clearly understood the
City was capping it at the available level of funding; therefore, should something
different occur when bids are submitted, the item would be returned to Council to
consider how the project could be pared down to stay within the funding level;
• Some Gas Tax money is being held aside for Miscellaneous Right -Of -Way, i.e.,
$100,000 each year;
• Appropriation of $100,000 from the General Fund for Sidewalk Replacement. Mr.
Nordhoff was aware of the fact that the City Attorney's Office was evaluating shifting
this responsibility to property owners and as this determination had not yet been made,
the funding to continue the current level of sidewalk replacement was built into the
budget;
• Some Gas Tax money is set aside each year for Traffic Controller Replacement;
• Traffic Camera Equipment for Miracle Mile was approved this evening; therefore, the
total project cost of $120,000 was listed because some installation had to occur.
Tonight's action was the actual physical purchase of the cameras;
• The Crosswalk Improvement Grant was received; however, some minor modifications
may be needed to the money, as the grant was slightly more than that listed in the
schedule;
• Community Services Director Carlene McCart had been contributing as a partner
attempting to get the Skatepark up and running at the County facilities at McInnis Park.
It was proposed to appropriate the City's portion of that, approximately $480,000, most
of which would come from Proposition 12 or Proposition 40 reimbursements to the City;
however, as it may be necessary to put the money out front, staff suggested using the
Parkland Dedication sources. He indicated these were impact fees and did not come
from the General Fund. Councilmember Heller questioned whether these Proposition
funds were locked up at the state level. Mr. Gould stated assurances were received
from the state. Councilmember Heller confirmed that should the City borrow against
incoming funds, the state could not keep it. Mr. Gould reported that the County opened
bids on this project last week and it was $200,000 more than the total project estimate;
therefore, the County was scrambling to figure out how to trim back the project and find
some additional funds. Ms. McCart had made clear to the County that the City's
contribution was limited to that specified and he hoped the County could find a way to
make this project a realization. Mr. Nordhoff confirmed that the City would be
contributing $35,000 of Parkland fees, however, the remainder was all grant funded;
• Regarding ADA efforts, for approximately ten years the City had been committing
$100,000 to try to chip away fairly modestly at an extensive ADA list put forth in 1994.
Staff requests that those monies go towards park areas that need restroom or similar
renovations in this coming two-year period;
SRCC Minutes (Regular) 06/16/2003 Page 13
SRCC Minutes (Regular) 06/16/2003 Page 14
• Community Services had been collecting key sales for tennis courts and the time was
coming to resurface two courts, one each at Albert Park and Santa Margarita Park;
Storm water fees tend to be divided up in three major chunks each fiscal year. Part
would go into storm drain projects for replacement of storm lines; some to pump station
upgrades, and Public Works requests the City continue to ensure some conditional
surveys are carried out routinely to have a full assessment of infrastructure, which
helps to decide where to spend the remainder of the money in terms of which pipes to
fix;
Adequate funding was not in place to repair buildings and with multi-million dollar
assets, this is an item not currently built into the budget, rather it is looped around in the
New Service Request section of the staff report. Staff would like the Council to
consider setting aside what would amount to approximately three air conditioners for
the San Rafael Community Center, which is about how far the money goes. Mr.
Nordhoff stated staff would like to have something available should things break. Scott
Clark, Facility Repair, had generated a list, included in the report, outlining his best
assessment of where some of the monies could be needed. While not necessarily
taking these in that order, they could be worked through at committee level to make the
best use possible of those monies.
Mr. Nordhoff stated these items had not been seen by the City Council before this evening;
however, were the types of projects staff would like to build into the budget for the next year
and schedule for the following year.
Mayor Boro noted page 2 of Attachment C indicated that over two years, $600,000 would
come out of the General Fund, the remainder coming from special funding sources, and he
requested confirmation. Mr. Nordhoff concurred, with the exception of the column entitled
Franchise Fees, which are also General Fund monies. Councilmember Miller inquired
whether these were the fees dedicated for Resurfacing. Mr. Nordhoff explained that when the
City Council took action to implement the Franchise Fee, it was clear they were very interested
in committing this to Resurfacing; however, this could not be binding without getting into legal
or other problems. Historically, however, the bulk of these monies have been allocated to
street resurfacing efforts.
Mr. Nordhoff stated that Attachment D summarizes Departmental New Service Requests. He
indicated the City Manager evaluated the requests and these were his recommendations:
• Request for a new vehicle in Code Enforcement, the bulk of such cost to be paid
through a grant Community Development has received. A nominal increase
(somewhere between $2,000 and $4,000) would be required in the budget to ensure
maintenance and future replacement of the vehicle;
• To date, six separate agencies participated with the San Quentin work crews, one of
which is falling off. The City receives a lot of labor for little money through the use of
this program; therefore, favored picking up the one-sixth, at a cost of $10,000;
• To date, the Fire Department has been contracting for EMS Coordinator Services, and
Fire Chief Marcucci believes the program would be better served by adding a position.
Corte Madera is interested in partnering and this position (.60) would be paid from the
EMS program;
• Notification was received that the Police Department was the recipient of a three-year
grant for a School Resources Officer. This would be a means of continuing in the
school system, which Police Chief Cronin and his staff believe to be very valuable. The
cost the grant does not cover would be paid by not filling a Crime Analyst position, due
to retirement and relocation;
• The item presented regarding converting fire engines to paramedic staffing is an
equipment investment of approximately $120,000, and while staff believes it to be a
very worthy effort; whatever is done to add cost to the paramedic program ultimately
comes back in taxes. Mr. Nordhoff reported that the Measure P campaign last Fall
increased the residential limit from $53 to $61 and he forecast that at least $2.00 of that
would be used per year; therefore, it was necessary to be somewhat more cautious
regarding adding in costs that have to be recovered. As approximately $20,000 -
$25,000 would take care of one engine, should there be some monies remaining at the
end of any particular year, staff would like to consider phasing it in and not having to
return and make an immediate change in the tax rates. This is not recommended at
this time; however, staff considers it a very important service consideration;
SRCC Minutes (Regular) 06/16/2003 Page 14
SRCC Minutes (Regular) 06/16/2003 Page 15
A request was put forth for an Emergency Preparedness Budget that deals with
transitioning the Emergency Preparedness responsibilities from the Fire Department to
Public Works. Funds in a Disaster Preparedness Program in the Fire Department have
been applied; therefore, the request for the increased amount of money was necessary
for USAR training. A $28,000 grant is also included and separate work sheets
(Attachments F and G) identify how the money moves around in those two years;
Councilmember Miller inquired whether additional funds for this area were anticipated through
Homeland Security, etc. City Manager Gould stated that according to the worksheets, staff
assumes that most of the supplies and equipment needed for USAR, Emergency
Preparedness and one-time costs, such as consultants to update the Emergency Plan, would
be paid through grants that are part of the overall Homeland Security program. He indicated
that some of those grants had been received, some were in the pipeline; however, staff was
confident that most could be made of this one-time windfall from the federal level to secure
these monies. The ongoing operating costs of Emergency Preparedness and USAR were the
issues before Council this evening.
Mayor Boro stated that monies were beginning to emanate for homeland defense and in fact,
there is presently a $60 million grant nationwide for overtime on a prospective basis going
forward. He was aware that Fire Chief Marcucci participates at the County level with a group
that oversees these monies as they become available. He noted there was a big push and
believed eventually, some success would be evident where the monies would begin to go to
the so-called first defenders rather than through the State where they take their cut. As this
continues, Mayor Boro believed the City would see some money and the City Manager had
assured him that he and the Police and Fire Chiefs were monitoring the grants.
Mr. Nordhoff continued with the New Service Requests:
New State law requirements on how to regulate and smog the fleet. Public Works had
studied this and believed it most cost-effective to conduct this in-house; therefore, it is
proposed to purchase the necessary equipment. The Fleet Advisory Board
recommends this to come from the Vehicle Replacement Fund and not be a General
Fund obligation.
• Facility maintenance work, at a cost of $100,000.
Mr. Nordhoff explained that to take the General Fund cost of $268,000 and net it against the
revenue costs of $131,000 would be approximately $136,000 of additional suggestions.
Referring back to Schedule 1, he stated Council had taken action on slightly over $137,000;
therefore, to build in these suggestions would still result in a balanced budget, while keeping in
mind the fact that there are significant budget issues to resolve going forward.
Referring to the State mandate for smog compliance, Councilmember Heller inquired whether
this could be put on the list of unfunded mandates, and at some point perhaps the money
would come from the State. Mr. Nordhoff explained that staff works through a process each
year of attempting to codify everything that is mandated by the State for which potentially
money could be obtained. A consulting firm assists with this and this could be added to the
list. Councilmember Heller believed this money has been frozen presently and Mr. Nordhoff
concurred.
Regarding the New Service Requests, Councilmember Miller requested confirmation that
$131,140 was coming in from sources other than the General Fund. Mr. Nordhoff responded
affirmatively.
Mr. Nordhoff stated that with Council's approval, staff would include these New Service
Request items for July 7, 2003.
Glena Coleman, teacher at Sun Valley School, noting the DARE program was being cut,
stated that Officer Ratto was a very effective teacher and believed this program was not
something to be casually cut. Reporting she has second and third grades, Ms. Coleman
stated that when Officer Ratto comes in, the children relax and talk with him even though he is
not necessarily addressing drugs at that point, rather common sense and safety issues for
children. She indicated these are things they ordinarily do not get to discuss in the classroom
and she was aware the upper grades addressed drugs more. Ms. Coleman stated she did not
want to see this program removed without this comment.
Police Chief Michael Cronin stated that no one would seek to minimize the importance of
Officer Ratto's contact with children; however, in a tough budget year it was necessary to
retreat to core competencies, of which teaching was not one. He indicated there is a great
deal of mixed data available on the effectiveness of DARE programs over the long term and in
light of the City's priorities, considerations and concerns about security, San Rafael had
SRCC Minutes (Regular) 06/16/2003 Page 15
SRCC Minutes (Regular) 06/16/2003 Page 16
elected to focus more on traditional enforcement than teaching
Chief Cronin reported that this year, the Department is doubling the number of School
Resource Officers, to 2. He indicated this money cannot be used to fund the DARE program.
Some interaction with students is anticipated in schools; however, this would not replace what
Officer Ratto had done over the past three years.
Mayor Boro stated tonight's action was to accept the recommendations which would be
returned to Council on July 7, 2003 for adoption. He noted that a Special Meeting on the
budget would take place on June 30, 2003 at 5:00 p.m. where options for the 2003-2004 and
2004-2005 budgets would be considered.
Councilmember Miller moved and Councilmember Phillips seconded, to accept the report as
presented.
Councilmember Phillips noted that significant discussions had taken place around these issues
to this point.
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
As mentioned by Mr. Nordhoff, City Manager Gould reiterated the indicators are that local
government will suffer a significant shift of revenues on a one, two year or even permanent
basis as a result of the budget discussions taking place presently in Sacramento. He indicated
it was anyone's guess as to when those negotiations would be completed and when the State
would actually enact a balanced budget; however, it was staff's belief that it was prudent for
the City Council to act on the information and best projections available at this time. He
suggested they move forward with the Budget Hearing on June 30, 2003, acting on July 7,
2003.
Mr. Gould further underscored the need to be in a continuing budgeting mode for the next
twelve months; therefore, he sought Council's concurrence that as Council agendas are set for
the next year, to have at least one Budget Study Session per month that would allow Council
to focus in deeply on functional and departmental budgets, revenue options, particular issues
on which the City Council could require further discussions, especially policies or financial
actions that cut across departments, to ensure they have as firm a grasp as possible of the
various tradeoffs, and also to discuss public process.
As Vice -Mayor Phillips had indicated, Mr. Gould stated that this evening the City Council was
essentially "nodding" at reductions around the edges. Staff had tried as much as possible to
avoid severe staff and service reductions; however, what is anticipated for the second of the
two fiscal years and what staff expects will be added as a result of the State Budget decisions,
would force much more difficult decision-making, necessitating more Council time to consider
each of those choices. Mr. Gould stated staff was confident they would do this as well as
possible in concert with the City Council, community and City staff.
Councilmember Heller inquired whether the employees would remain involved in working with
Council and staff as they produced some wonderful suggestions, were close to the issue and
could see issues perhaps not apparent to Council.
Mr. Gould stated that Mr. Nordhoff, and Mr. Richard Landis, who facilitated the Employee
Budget Workgroup, inquired if the group would stay together and act as a sounding board, and
it was intended to continue to use their expertise and solicit their thoughts as much more
difficult options surface, to solve next year's and maybe even this year's budget gap,
depending on when the State acts.
Regarding information from Sacramento on the fact there could be some take-aways, including
in the fiscal year 2003-2004, Mayor Boro inquired whether staff had been able to quantify
potentially what this could mean to the City.
Mr. Gould reported that the indicator being received from the City's lobbyist is that it works out
to be approximately $16 per capita, or $925,000 per year, for the City of San Rafael and over
$3 million for all the cities and towns in Marin. He stated he had confirmation on Friday from
Senator Burton's office that indeed, this is the figure. The explanation given is that the
Republicans have made this level of ongoing shifts, very much similar to the ERAF shift of the
early 1990s, a quid pro quo for their acceptance of any tax increases in order to balance the
State Budget for the coming year. He indicated the Democrats were being forced to look at
something they otherwise would not do.
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Mr. Gould stated the lobbyist had also warned that Assemblymember Nation has yet to take a
firm position on whether or not he would accept such an ongoing revenue shift from local
government; therefore, staff was seeking time on Assemblymember Nation's agenda on
Friday when he is back in the District in the hope that as many local leaders from Marin as
possible would sit down with him to ascertain whether he would commit not to vote for a
budget that includes an ongoing reduction of $1.1 billion of local government monies, $460
million dollars annually of city monies.
Mr. Gould stated the State is indicating they would be flexible in that cities could use whatever
funds they wished - reserves, General Fund, sales tax, property tax, or Redevelopment - they
were indifferent to the source provided the money was forthcoming.
Mr. Gould reported that cities are net donors to the State of California, meaning they generate
far more revenues than are returned to cities for municipal services. This would exacerbate
the situation, was bad fiscal policy; however, was very much part of the discussion. He
indicated that sadly, it would be a victory should the City lose $1 million for a year or two rather
than permanently, and would be a good outcome in this utmost awful of budget years.
Mr. Gould stated it would be necessary for the City Council to consider mid -year budget
adjustments to cope with the anticipated fallout, which would be very difficult.
Mayor Boro stated it would then be necessary to have a Plan B for year One. Mr. Gould
concurred and explained this had to be worked up with the City Council which was the reason
for the additional study sessions.
Mr. Nordhoff stated staff had not lost sight of the items already considered by the City Council
in prior study sessions.
COUNCILMEMBER REPORTS:
17. None.
There being no further business, the City Council meeting was adjourned at 9:26 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12003
MAYOR OF THE CITY OF SAN RAFAEL
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