HomeMy WebLinkAboutCC Minutes 2004-01-05SRCC Minutes (Regular) 01/05/2004 Pagel
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JANUARY 5, 2004 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 — 7:30 PM:
None
CLOSED SESSION — CONFERENCE ROOM 201 — 7:30 PM:
None
Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:02 PM
(At the conclusion of the City Council meeting)
House Joint Resolution #20: - File 9-1
John Jenkel, Greighton, California, distributed material and requested Council support to get Tamara's
petition to end Strike First Policy recognized by Congress.
Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar as
follows:
ITEM
Approval of Minutes of Regular Meeting of
Monday, December 1, 2003 and Special Closed
Session of Monday, December 22, 2003 (CC)
2. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1817 — An Ordinance of the
City of San Rafael Approving an Amendment to
the Zoning Map (ZC03-002) to Reclassify Certain
Real Property from High Density Multifamily
Residential (HR1.8) District to Residential/Office
(R/O) District at 1800 Fifth Avenue; (APN: 010-
291-16) (Former San Rafael Improvement Club
Property) File 10-3 x 10-7 x 10-6 x 188
3. Summary of Legislation Affecting San Rafael
(CM) —File 116 x 9-1
4. Resolution Authorizing the Director of Public
Works to Execute All Master Agreements,
Program Supplemental Agreements, Fund
Exchange Agreements, Fund Transfer
Agreements and Any Amendments Thereto with
the California Department of Transportation
(PW) — File 9-3-40 x 11-16 x 171
RECOMMENDED ACTION
Minutes approved as submitted.
Approved final adoption of
Ordinance No. 1817.
Approved staff recommendation:
AB 7 (5x) Lowenthal; AB 3 (5x) Cox;
SB1 (5x) Brulte — Vehicle License
Fees — SUPPORT
RESOLUTION NO. 11472 —
RESOLUTION AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO
EXECUTE ALL MASTER
AGREEMENTS, PROGRAM
SUPPLEMENTAL AGREEMENTS,
FUND EXCHANGE AGREEMENTS,
FUND TRANSFER AGREEMENTS
AND ANY AMENDMENTS THERETO
WITH THE CALIFORNIA
DEPARTMENT OF
TRANSPORTATION
(Commencing on January 1, 2004)
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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PUBLIC HEARING:
5. Public Hearing —
TO CONSIDER THE ADOPTION OF A PROPOSED ORDINANCE AMENDING CHAPTER
3.34 OF THE SAN RAFAEL MUNICIPAL CODE TO ESTABLISH NEW OR INCREASED
FEES FOR 1) PERMITS FOR PEDDLERS, SOLICITORS OR ITINERANT MERCHANTS, 2)
BUSINESS LICENSE PROCESSING, 3) GENERAL PLAN MAINTENANCE, 4) YOUTH
RECREATIONAL PROGRAMS, 5) ADULT RECREATIONAL PROGRAMS, 6) REFUSE
TRUCK RESIDENTIAL STREET IMPACTS AND 7) CONSTRUCTION TRUCK RESIDENTIAL
STREET IMPACTS AND TO CONSIDER THE ADOPTION OF A RESOLUTION SETTING
THE AMOUNTS OF SAID FEES (MS) —
FILE 9-10-2 x 9-3-20 x 9-3-30 x 9-3-40 x 9-3-65 x 115 x 10-2 x 10-6
Mayor Boro declared the public hearing opened
Assistant City Manager Ken Nordhoff stated the purpose of this public hearing was for Council
to take formal action on a number of items discussed over the past several months, all of which
had been developed as part of the budget balancing process. He confirmed that Council had
acted on these items as potential revenue sources for the current and next year budgets.
Regarding the Impact Fees, Mr. Nordhoff stated staff had gone through a process of studying
the impacts of different types of vehicles on City streets for approximately one year. A public
meeting was held on December 15, 2003 where a report was presented, which was worked on
by a consultant in concert with information from the Public Works Department and Marin
Sanitary Service, to evaluate the impacts of various vehicles on City streets. Mr. Nordhoff
stated that at that time staff proposed looking at all the data, annual cost of maintenance on
streets and the various engineering analyses.
Mr. Nordhoff stated there were two types of vehicles causing additional damage on City streets.
He referred to one grouping as Refuse Vehicles, those that pick up trash, as well as recycling
and yard waste vehicles. Based upon the impacts of those vehicles on City streets, it was
proposed to impose a regulatory fee totaling $196,000 per year. Mr. Nordhoff stated that this
fee would be included as part of Marin Sanitary Service's current rate application request, and
would be passed on to the ratepayers and spread throughout the entire City of San Rafael.
Indicating that the other element dealt with Construction Vehicle Fees, Mr. Nordhoff explained
these represented an approximate 20% impact in the overall cost of maintenance on residential
streets. Based upon those impacts, he stated staff proposed establishing a fee of 1 % of the
project valuation at the time of applying for a building permit. He indicated it was also proposed
to provide for a $10,000 exemption, thus exempting smaller improvement projects.
Mr. Nordhoff stated staff believed both of these fees would generate in excess of $400,000
annually in revenue. He indicated it had been the practice for several years that General Fund
monies, and specifically franchise fees, were committed to help support the City's street
maintenance efforts. Should these fees be approved, Mr. Nordhoff stated they would go
directly into the Street Maintenance Fund and be allocated specifically for street maintenance,
thereby alleviating a $400,000 annual obligation of the General Fund.
Indicating that a series of other fees were proposed, Mr. Nordhoff explained that as part of a
budget action, the Community Development Department had suggested the General Plan
Maintenance Surcharge could be raised to help cover some of the cost of long-range planning,
a function in Community Development dealing with the development, monitoring and
implementation of the current General Plan, as well as General Plan 2020 currently in the EIR
(Environmental Impact Report) process. Mr. Nordhoff stated it was proposed to increase the
surcharge from 20% to 27%, and that 7% increase would raise approximately $38,000 annually,
which would go into the General Fund and help pay for part of the cost of long-range planning.
Mr. Nordhoff stated that the last grouping of fees included several items that were part of the
Business Cost Study, and a Master Fee Schedule and review were completed last August. He
indicated three items were being put forth:
1) New fees for solicitor/peddler regulations, adopted subsequent to the fee schedule. It
was necessary to have these new fees in place for applicants required to have a permit
complying with the Solicitation and Peddling Ordinance. A table reflecting these was
included;
2) Business License Renewal fee. This had been part of the Business Cost Study practice
and until this point in time, Council had not proposed to implement a fee. The
suggested fee was $6.50 per renewal, which would generate approximately $40,000 in
new revenue;
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3) As part of the budget process staff went through a series of different fee considerations
in the recreation programs. These included discounts for those who live within the City
limits and some additional fees for youth and adult programs. While Council is not
usually requested to set specific fees, Mr. Nordhoff stated that in this case, staff was
requesting an amendment to the ordinance which establishes to what extent the cost of
those programs could be recovered through fees, i.e., increased from 75% to 78%.
Community Services Director Carlene McCart would work with her staff to develop
specific fees, which it is believed would generate approximately $27,300 of new revenue
annually.
Mr. Nordhoff stated that collectively, taking these actions would raise in excess of $450,000 per
year in a variety of new fees. He indicated these were actions anticipated in the budget.
Regarding the Construction Vehicle Impact Fee, Councilmember Phillips stated he agreed with
the exemption for smaller projects; however, was curious as to what percentage that was of the
total $32 million. Mr. Nordhoff stated there were approximately 1,100 residential permits in the
last couple of years, last year being approximately 600 of total permits; however, in terms of
value, it was between $6 million and $7 million of the $32 million. He added that it was also a
practice consistent with similar fees adopted by the County.
Regarding the surcharge on the General Plan raising $38,000, Mayor Boro confirmed with Mr.
Nordhoff that adding all of these together totaled approximately $500,000.
Mario Ghilotti stated he wished to address an increase in the Business License Fee. Firstly,
however, he stated the Construction Impact Fee would be difficult to control in San Rafael
because so many rental construction trucks come in and out of the County. He instanced a
construction company working in Fairfax where trucks hauled asphalt from San Pedro Road
through downtown, yet Fairfax could not be requested to pay more, and this issue needed to be
addressed.
Mr. Ghilotti stated he had been in business for fifty years and always had a problem with the
Business License in San Rafael; albeit, not with the cost. He stated there were three methods
of increasing fees and as contractors, they had no problem with the City raising costs:
1) It should be mandatory in City contracts that all sub -contractors obtain a City license
before work could commence. While this was included in City contracts, there was no
policing of it.
Reporting that he had a job in Emeryville for $2.5 million, Mr. Ghilotti stated he was
required to furnish a list of sub -contractors on the project. He explained that each of the
sub -contractors was notified that without a City license, they could not work. Then, as
Mr. Ghilotti encountered in Vallejo, while working, a Public Works employee inspects the
job to ensure compliance by the sub -contractors.
Instancing the Parking Garage, Mr. Ghilotti stated there probably were ten out-of-town
sub -contractors or suppliers doing business in San Rafael, and with strong policing that
money would be paid to the City.
2) Regarding private commercial work, and using the old Fairchild Construction site as an
example, Mr. Ghilotti stated the construction company doing the work was good and
honorable; however, fifteen to twenty sub -contractors were employed, of whom he
believed that perhaps only three or four had City licenses.
3) Mr. Ghilotti suggested checking building permits, which are published in the Marin
Builders Association Weekly Bulletin. He noted that in California, electrical and
plumbing and heating contractors must be licensed by the State.
Mr. Ghilotti stated the system needed to be improved upon to generate more money. He
indicated that the Marin Builders Association had a local sub -contractors group that would like
to discuss with the City the setting up of improved methods to control more coverage of jobs in
the field. Mr. Ghilotti stated he believed thousands of dollars could be raised with one-person
policing daily, commenting that no one would purchase a license unless requested to do so.
Mr. Ghilotti identified the different categories of license, and stated he was in favor of raising the
fees and tracking contractors for compliance with license regulations, as he believed the City of
San Rafael was not receiving all possible funds. He offered any assistance he could give in this
connection.
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Mayor Boro noted Mr. Ghilotti indicated that representatives of the Marin Builders Association
would be willing to meet with staff to discuss this specifically. Having spoken with the General
Manager of the Marin Builders Association today, Mr. Ghilotti stated Mr. Bernardi concurred
with such a meeting. Mayor Boro stated that although busy with budget issues presently, Mr.
Nordhoff would meet with this group within the next couple of months. Mayor Boro agreed that
people conducting business in San Rafael should have a license and if there were cost-
effective ways to achieve this, they should be pursued. Mr. Ghilotti stated he appreciated this.
City Manager Gould stated that Mr. Ghilotti had made these suggestions in the past and on the
basis of those suggestions, staff sought and received Council permission to add a staff person
to the Business License unit, and that person is out there policing the sub -contractors to ensure
they are obtaining business licenses. Mr. Gould indicated that this person pays for himself
several times over and Mr. Nordhoff had some examples. He stated that Public Works Director
Andy Preston would also verify that on every City job, staff ensures that every sub -contractor
has a Business License.
Mr. Nordhoff stated he received data from staff today that indicated that from July through
November, 178 unlicensed contractors were identified, most likely from out of town, and this
probably generated approximately $47,000 worth of revenue. He confirmed that staff does not
just look at the contracting industry, rather office buildings, etc. Mr. Nordhoff stated that a copy
of every staff report pertaining to City Council approved projects goes to the Business License
staff so they can ensure that generals and subs are licensed properly. He indicated that while
there is some flexibility about how this gets done, staff ensures it is completed.
Mayor Boro stated it could be productive if at some point Mr. Nordhoff met with Mr. Ghilotti and
other representatives from the Marin Builders Association to discuss what staff is doing,
ascertain their thoughts and determine whether further enhancements could be made. Mr.
Nordhoff concurred.
Regarding leveraging fees on trucks, Mayor Boro suggested that Mr. Nordhoff could possibly
follow up on this also. Mr. Nordhoff stated that discussions had taken place at staff level to
attempt to capture those who, for instance, drive from Richmond to Fairfax i.e., FedEx, UPS,
etc.; however, he believed this would be difficult.
Assistant City Attorney Gus Guinan stated that basically, the mechanism to collect the fee is
based upon and tied to activity occurring within the City. He indicated that the problem with
most of the trucks going through town is that there is no activity, except that transportation
through town is occurring in San Rafael; therefore, there was no mechanism to collect any fee.
In addition, Mr. Guinan stated that one of the problems with looking at the larger collection
process was that most of the larger trucks going through town are on arterial streets that are
constructed in a different way, which is why the report was focused on residential street impacts
caused by construction trucks only. Mr. Guinan stated that from a legal point of view, it would
be very difficult to effect a mechanism to collect trans -city truck traffic fees.
Regarding the impact on arterials, Councilmember Cohen stated that to drive east and return
west on Point San Pedro Road, there was clearly an impact. He stated that it was perhaps
constructed as a four -lane roadway; however, there definitely was an impact from heavy truck
traffic. Indicating he could understand a legal bar to the City collecting this fee, Councilmember
Cohen stated he believed, however, that it should continue to be evaluated, as if a mechanism
were found, the San Rafael Rock Quarry was an obvious target.
Mr. Gould stated he was very hopeful that when the litigation was over between the State,
County and residents against the Rock Quarry, the settlement would include the payment by
the quarry in either cash or materials for the more frequent repaving of the westbound lane of
Point San Pedro Road to mitigate the damage being done by the daily overloaded gravel
trucks. He indicated that staff had looked at how San Rafael could levy an impact fee against
the San Rafael Rock Quarry; however, as it is outside City jurisdiction, except where there is
activity in San Rafael, it had not been possible to identify a legal means to do so.
Councilmember Cohen stated that Mr. Ghilotti had specifically spoken on the issue of business
licenses for sub -contractors, with which he strongly agreed. He stated that San Rafael based
contractors were being put at a competitive disadvantage when the City required them to obtain
a business license while not requiring their competitors coming in from out of town to meet the
same standards. Councilmember Cohen stated he would like to see what the City is doing to
capture sub -contractor lists on private commercial work in order to identify these sub-
contractors. He indicated this should be a brief report.
Mr. Gould stated there were equity and financial issues and for both reasons staff completely
agreed the City should be doing this and he believed it was. He indicated staff would be happy
to meet with members of the Marin Builders Association to ascertain whether more could be
done to tighten it further.
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There being no further comment from the audience, Mayor Boro closed the public hearing.
Regarding the Marin Sanitary Service fees, Mayor Boro inquired whether this was primarily
geared to residential. Mr. Nordhoff confirmed it to be single and multi -family residential. Mayor
Boro stated there was discussion at one point concerning service to businesses, and his
recollection was that staff was exploring the issue. Mr. Nordhoff stated that staff, at Council
direction, did explore this several months ago and found there were different levels of
construction for arterials and major thoroughfares, etc. He stated it was also found that
because of the different levels of service provided by the refuse company, it was difficult to put
this into a fairly simplified structure to propose to the City Council. Mr. Nordhoff stated Marin
Sanitary Service was willing to assist staff in evaluating this and it was hoped to gather data
down the road that would assist in better defining how this could be implemented beyond the
single and multi -family residential properties.
a) The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL,
CALIFORNIA, AMENDING SECTION 3.34.040 OF CHAPTER 3.34 OF THE SAN RAFAEL
MUNICIPAL CODE ESTABLISHING A FEE AND SERVICE CHARGE REVENUE/COST
COMPARISON SYSTEM (to add new fees and increase certain other fees)"
Councilmember Heller 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. 1818 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
b) Councilmember Miller moved and Councilmember Cohen seconded, to adopt the resolution.
RESOLUTION NO. 11473 — RESOLUTION REVISING A NEW MASTER FEE
SCHEDULE FOR SERVICES PROVIDED BY THE
VARIOUS CITY DEPARTMENTS
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY MANAGER'S REPORT:
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
6. a) State of the State Address: - File 9-3-11 x 8-5
City Manager Rod Gould reported that the Governor would deliver a State of the State
address on Tuesday, January 6, 2004, which could provide some hints on what to expect on
Friday when he releases a proposed budget for 2004-2005. Mr. Gould indicated that
yesterday, a representative of Governor Schwarzenegger's Administration acknowledged
that despite the Governor's rather dramatic actions two weeks ago to ensure the full backfill
of the lost Vehicle License Fees for the next six months, local government was again "back
on the block" as part of next year's budget.
Mr. Gould announced that Mayor Boro and he had agreed to go to Sonoma on Thursday,
January 8, 2004, to meet with the Mayors and Councilmembers of Sonoma County. Having
legislators in common, they wished to coordinate efforts concerning the Vehicle License
Fees, State budget actions that could affect property and sales taxes, and to seek the
passage of the Constitutional Amendment protecting local government revenue.
b) Storm Report: - File 9-3-40 x 9-1
Mr. Gould stated he had invited Public Works Director Andrew Preston to brief the City
Council on the flooding that occurred last week and what was being done about it.
Referring to a memo distributed prior to this evening's Council meeting outlining recent
events, Mr. Preston explained that San Rafael experienced two very heavy storms. The
first was on Monday, December 29, 2003, producing 4.4" of rain and the second was on
January 1, 2004, when just under 3" of rain was experienced.
Regarding the first storm, Mr. Preston stated that the combination of high tides, high winds
and high rainfall almost always speaks disaster around the Mahon Creek area; therefore,
during the high tides some localized flooding was experienced in low lying areas of B, C, D
and First Streets. He indicated that flooding was also experienced on Fifth Avenue, again
attributable to the amount of tide from Mahon Creek; however, as soon as the tide turned,
SRCC Minutes (Regular) 01/05/2004 Page 5
SRCC Minutes (Regular) 01/05/2004 Page 6
almost instantaneously, the waters receded.
Mr. Preston stated that in that storm the new Francisco Boulevard pump station constructed
by CALTRANS worked flawlessly, dealing with all of the rainfall in the Irwin Street/Lovell
Avenue area; however, at the end of the storm a peak in PG&E power was experienced,
which basically blew out all of the four smart motor controls on all four pumps. He stated it
was possible to get one pump back on line for the second storm, experienced on January 1,
2004; however, subsequent to ordering a new control panel there are now two pumps back
on line.
Mr. Preston reported that on December 31, 2003, he declared a Public Works State of
Emergency in San Rafael, mandating emergency crews to work overtime. He
complimented these crews for their expertise and positive attitude throughout, having
worked tirelessly for twelve hours during the night and early morning to ensure that San
Rafael flooding was reduced to a minimum.
Reporting on flooding in the Woodland Avenue and Bret Harte Avenue areas, a result of the
Francisco pump station being unable to pump down the waters quickly enough, Mr. Preston
stated that as soon as the pump caught up with the rainfall, the waters subsided
instantaneously. Flooding on Harte Avenue was attributed to a misaligned storm drain
system, which Mr. Preston stated was rectified by digging up the drain and inserting a new
piece of straight pipe.
On behalf of the City of San Rafael, Mayor Boro thanked Mr. Preston and the members of
the Public Works Department for their great response on New Year's Eve. With respect to
the Francisco Pump Station, Mr. Preston confirmed for Mayor Boro that CALTRANS was no
longer involved. He recalled a similar situation two years ago when the pump station was
handed over to the City and calling the electrical design engineers in who informed him that
the system was state of the art and nothing would ever go wrong with it; however, this was
the second occurrence of a similar fault due to a PG&E surge. Mr. Preston stated that staff
had contacted an engineering consulting firm, proficient in pump design, in an effort to
correct the deficiencies. He also confirmed for Mayor Boro that there was no state liability
as the fault was due to a surge in power. Last time the City received $46,000 from PG&E
and it was hoped this would be repeated on this occasion.
Mr. Preston confirmed for Councilmember Heller that the MERA radios worked extremely
well. He indicated that one of the great benefits of the system was that staff could obtain a
complete picture at any time by listening in to the radios. He noted that Councilmember
Miller was present at the Corporation Yard for many hours during this event.
Councilmember Heller stated she was excited to see these turned on and working well.
Having spent some time with the crew, Councilmember Miller complimented Mr. Preston
and the Public Works maintenance crew for their great spirit and superb work.
COUNCILMEMBER REPORTS:
7. None.
There being no further business, the City Council meeting was adjourned at 8:55 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12004
MAYOR OF THE CITY OF SAN RAFAEL
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