Loading...
HomeMy WebLinkAboutCC Minutes 2004-06-21 SRCC Minutes (Regular) 06/21/2004 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 21, 2004 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Cyr N. Miller, Vice-Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION – COUNCIL CHAMBER – 7:00 PM: Mayor Boro announced Closed Session items: CLOSED SESSION – CONFERENCE ROOM 201 – 7:00 PM: 1. a) Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(a) Richard E. Thomas v. City of San Rafael Marin County Superior Court Case No. CV 033304 b) Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(a) Farshad Moshiri vs. City of San Rafael Marin County Superior Court Case No. CV 033623 City Attorney Gary Ragghianti announced that no reportable action was taken. c)Consideration of Public Employee Appointment Government Code Section 54957(b)(1) Title: Interim Chief of Police Mayor Boro announced that Captain John Rohrbacher was appointed Interim Police Chief for a period of six months. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:46 PM Nail Salons/Yard Sales: - File 100 x 125 (Verbal) Steve Patterson stated nail salons were inappropriate for neighborhoods and urged the City Council to revise the home occupation ordinance, which he believed should focus on more professional second-story type operations, rendering it consistent with General Plan 2020. He also expressed concern regarding interior salon signage in the Gerstle Park area which is visible from the street. City Manager Gould stated the Sign Ordinance does not include provisions for home occupation signage; however, subsequent to the General Plan’s approval, staff would return to Council with a series of implementing programs and choices. He indicated that this issue, along with a number of others, had been queued up for Council decision and direction. Hugo Landecker concurred with Mr. Patterson’s comments. He expressed concern with regard to professional yard sales in Gerstle Park, together with landscape contractors conducting business on City streets and in residential areas, which had an impact on parking and was a visual blight. Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meetings of Minutes approved as submitted. Monday, May 17 and Monday, June 7, 2004 (CC) SRCC Minutes (Regular) 06/21/2004 Page 1 SRCC Minutes (Regular) 06/21/2004 Page 2 3. Resolution Noticing Review of the City’s Conflict RESOLUTION NO. 11570 – RESOLUTION NOTICING REVIEW OF of Interest Code, Directing the City Clerk to THE CITY’S CONFLICT OF INTEREST Advise City Departments to Review the List of CODE, DIRECTING THE CITY CLERK Designated Positions and Disclosure Categories TO ADVISE CITY DEPARTMENTS TO and Directing the City Attorney to Prepare any REVIEW THE LIST OF DESIGNATED Necessary Revisions to Said Code (CA) – POSITIONS AND DISCLOSURE File 9-4-3 x 9-3-16 x 9-3-14 CATEGORIES AND DIRECTING THE CITY ATTORNEY TO PREPARE ANY NECESSARY REVISIONS TO SAID CODE 5. Resolution Authorizing the City Manager to RESOLUTION NO. 11571 – RESOLUTION AUTHORIZING THE Execute a Professional Services Agreement with CITY MANAGER TO EXECUTE AN Paul Jensen for Interim Management Services AGREEMENT FOR PROFESSIONAL for the Current Planning Section of the SERVICES WITH PAUL JENSEN FOR Community Development Department (CD) – ASSISTANCE IN MANAGING THE File 4-3-370 x 9-3-85 CURRENT PLANNING SECTION OF THE COMMUNITY DEVELOPMENT DEPARTMENT (Term of Agreement: from June 22, 2004, and ending on December 22, 2004, for an amount not to exceed $25,000) (Term of agreement may be extended for an additional period of 12 months, with approval of City Manager) 6. Summary of Legislation Affecting San Rafael Accepted report and approved staff recommendation: (CM) – File 116 x 9-1 AB 2782 Public Agencies: Joint Powers Agencies: Meetings. Assembly Member Benoit - SUPPORT 7. Resolutions: (CM) 1) RESOLUTION NO. 11572– RESOLUTION APPROVING AND a) Approving and Authorizing the City AUTHORIZING Manager to Execute a Month-to-Month THE CITY MANAGER TO Rental Agreement with Bruce Martin, Fire EXECUTE A MONTH-TO-MONTH Chief, for Fire Station #3; and RENTAL AGREEMENT WITH b) Resolution Approving and Authorizing the BRUCE MARTIN, FIRE CHIEF, Mayor and City Manager to Execute a FOR FIRE STATION NO. 3 Home Loan Agreement with Bruce Martin, Fire Chief – File 4-10-343 x 9-3-31 x 7-4 2) RESOLUTION NO. 11573 – RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A HOME LOAN AGREEMENT WITH BRUCE MARTIN, FIRE CHIEF 8. Resolution Authorizing Temporary Closure of the RESOLUTION NO. 11574 – RESOLUTION AUTHORIZING THE Menzies Parking Lot and Mission Avenue TEMPORARY CLOSURE OF MISSION Between “C” and “E” Streets on Saturday, June AVENUE BETWEEN C STREET AND 26, 2004 Between 9 a.m. and 6 p.m. to E STREET AND THE MENZIES Accommodate Pedestrian Traffic, Vendors and TH th PARKING LOT FOR FALKIRK’S 30 Set up for the 30 Anniversary Victorian Lawn ANNIVERSARY EVENT Party at Falkirk Cultural Center (CS) – File 11-19 9. Resolution Authorizing a Grant Application to the RESOLUTION NO. 11575– RESOLUTION AUTHORIZING A San Francisco Foundation for $17,500 for GRANT APPLICATION TO THE SAN Funding the Continuation of the Canal Youth & FRANCISCO FOUNDATION FOR Family Initiative (CS) – File 202 x 9-3-65 $17,500 TO FUND THE CONTINUATION OF THE CANAL YOUTH AND FAMILY INITIATIVE SRCC Minutes (Regular) 06/21/2004 Page 2 SRCC Minutes (Regular) 06/21/2004 Page 3 10. Resolution Authorizing the City Manager to RESOLUTION NO. 11576 – RESOLUTION AUTHORIZING THE Execute an Agreement with Allied Information CITY MANAGER TO EXECUTE AN and Services Corporation for Third Party Billing AGREEMENT WITH ALLIED Service for the San Rafael Fire Department (FD) INFORMATION AND SERVICES - File 4-3-276 x 9-3-31 x 13-1 CORPORATION FOR THIRD-PARTY BILLING SERVICE FOR THE SAN RAFAEL FIRE DEPARTMENT (TERM OF AGREEMENT FROM 7/1/04 AND ENDING ON 6/30/06) 11. Resolution Authorizing the City Manager to RESOLUTION NO. 11577 – RESOLUTION AUTHORIZING THE Execute the Renewal of a License Agreement EXECUTION OF A LICENSE with Pacific Gas and Electric (PG&E) for Use of AGREEMENT BETWEEN THE CITY the Parking Area Located at 999 Third Street, in OF SAN RAFAEL AND PACIFIC GAS an Amount not to Exceed $30,000 (MS) – AND ELECTRIC FOR USE OF THE File 4-10-335 x 9-7-3 PARKING AREA LOCATED AT 999 THIRD STREET IN AN AMOUNT NOT TO EXCEED $30,000 (Term of Agreement shall be 12 months) 12. Resolutions: (MS) – File 8-5 a) RESOLUTION NO. 11578 – RESOLUTION APPROPRIATING a) Appropriating Unappropriated Revenues UNAPPROPRIATED REVENUES for 2003-04; FOR 2003-2004 b) Approving 2004-05 Appropriations Limit b) RESOLUTION NO. 11579 – RESOLUTION APPROVING FISCAL YEAR 2004/2005 APPROPRIATIONS LIMIT 13. Resolution Authorizing the Execution of an RESOLUTION NO. 11580– RESOLUTION AUTHORIZING THE Amendment to the Agreement Between the City EXECUTION OF AN AMENDMENT TO and Ghilotti Bros., Inc. for Another Year Pursuant THE CONTRACT AGREEMENT to the City’s Election to so Proceed Under Item BETWEEN THE CITY OF SAN #9 of the Original Project Bid Proposal for the RAFAEL AND GHILOTTI BROS., INC. City of San Rafael Sidewalk Replacement FOR ANOTHER YEAR PURSUANT TO Project, 2003-2004 (PW) – File 4-1-558 x 11-7 THE CITY’S ELECTION TO SO PROCEED UNDER ITEM #9 OF THE ORIGINAL PROJECT BID PROPOSAL FOR THE CITY OF SAN RAFAEL SIDEWALK REPLACEMENT CONTRACT 2003-2004 14. Resolution Authorizing the Signing of a Below RESOLUTION NO. 11581 – RESOLUTION AUTHORIZING THE Market Rate Ownership Housing Agreement SIGNING OF A BELOW MARKET between McInnis Housing Partners II and the RATE OWNERSHIP HOUSING City of San Rafael Re: McInnis IIB AGREEMENT BETWEEN MHP II AND Condominiums (RA) – File 229 x 5-1-290 THE CITY OF SAN RAFAEL RE: MCINNIS IIB CONDOMINIUMS 15. Report and Recommendation Regarding Approved staff recommendation regarding temporary traffic mitigation Temporary Traffic Mitigation on West End on West End Avenue in order to Avenue in Order to Safely Conduct Event at Ali safely conduct event at Ali Akbar Akbar College of Music on July 11, 2004, from College of Music on July 11, 2004 11:00 a.m. – 8:30 p.m. (RA) – File 11-19 from 11:00 a.m. – 8:30 p.m. 1) Closes left turn lane at Third Street and Marquard Avenue; 2) West End Avenue routed as ‘one-way’ eastbound from Greenfield Avenue to Marquard Avenue SRCC Minutes (Regular) 06/21/2004 Page 3 SRCC Minutes (Regular) 06/21/2004 Page 4 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Heller (from minutes of June 7 only, due to absence from meeting) The following item was removed from the Consent Calendar, at the request of Councilmember Phillips: 4. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1825 - “AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE TITLE 14 – ZONING, CHAPTER 19 – SIGNS, CHAPTER 3 – DEFINITIONS AND CHAPTER 25 – ENVIRONMENTAL AND DESIGN REVIEW PERMITS (SIGN ORDINANCE) (ZO03-005)” (CD) – FILE 125 x 9-3-85 x 10-3 x 10-7 Councilmember Phillips indicated he would vote in favor of adoption of the Ordinance, primarily because of the work done by staff. He stated his reason for removing the item for discussion was that he disagreed with the City’s position with regard to A-frame signs and wished to explain his vote. The title of the ordinance was read: “AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE TITLE 14 – ZONING, CHAPTER 19 – SIGNS, CHAPTER 3 – DEFINITIONS AND CHAPTER 25 – ENVIRONMENTAL AND DESIGN REVIEW PERMITS (SIGN ORDINANCE) (ZO03-005)” Councilmember Phillips moved and Councilmember Cohen seconded, to dispense with the Charter reading of the Ordinance in its entirety and to refer to it by title only, and adopt Ordinance No. 1825 as an Ordinance of the City of San Rafael by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Heller (due to absence from public hearing of 6/7/04) File 9-1 Regarding AB 2702, Mayor Boro stated that at their meeting this week, Mayors and Councilmembers would consider a letter that the eleven Mayors and cities would sign, send to the Governor and legislative leaders, and hopefully have printed in the Marin Independent Journal, expressing opposition to this . legislation and calling out in particular, the issue regarding no residency requirements for second units PUBLIC HEARINGS: 16. Public Hearing – CONSIDERATION OF CERTIFICATE OF CONVENIENCE AND NECESSITY TO ABBAS SARANG, DBA I.M. TAXI (PD) – FILE 9-9 Mayor Boro declared the public hearing opened. Lieutenant David Johnson indicated he was present to present the staff report and recommendation of the San Rafael Police Department on Mr. Abbas Sarang’s application for a Certificate of Convenience and Necessity to operate a new taxi service in San Rafael, I.M. Taxi. Lieutenant Johnson reported that Mr. Sarang submitted his initial application in early May and pursuant to reviewing San Rafael Municipal Code 10.60, he conducted a background check using the various resources at his disposal. Lieutenant Johnson stated he found Mr. Sarang to be clear and from the Police Department’s standpoint, ready to operate such a service. Having dealt with Mr. Sarang’s personal background, Lieutenant Johnson stated they focused on his ability to carry out the service as a public convenience for the citizens of San Rafael. Subsequent to reviewing all the material and speaking with him, Lieutenant Johnson stated it was his opinion that the public convenience would, in fact, be served should Council grant such a certificate. Mayor Boro reported that a letter was received from Mr. Kevin Carroll, Tiburon Taxi, and he invited Lieutenant Johnson to comment on some of the points at the conclusion of the public hearing. Robert DeWalt, Operations Manager, Radio Cab Company, Belaire and Yellow Cab of San Rafael, noting a packet was submitted to the City Council from Kevin Carroll, indicated he was present to read this letter and raise some points. He noted he had been in the business for 34 years. SRCC Minutes (Regular) 06/21/2004 Page 4 SRCC Minutes (Regular) 06/21/2004 Page 5 As the City Council had a copy of Mr. Carroll’s lengthy letter, Mayor Boro suggested Mr. DeWalt summarize the highlights. Mr. DeWalt stated the Taxicab industry was very sensitive and more cabs would be operating if the necessity existed. He indicated that since 9/11, business in the State of California had gone downhill and was just beginning to recover. He quoted from Mr. Carroll’s letter: “Why does the State of California Employment Development Department project no growth in the local passenger transportation employment from 2001- 2008?” Mr. DeWalt reported that the Golden Gate Transportation Center had called them numerous times indicating the presence of too many taxicabs there, and he stated that adding a further taxicab company would force more cabs off the stand. He stated that a new company would sit there primarily attempting to create business, which would force the five existing companies to find another place to park. Allowing another taxicab company in would damage the taxicab industry. Regarding complaints for waiting time for taxicabs, Mr. DeWalt reported that the service was excellent in San Rafael and there was no need for a further taxicab company. From a State of California report he noted a continuing decline in the population of Marin County from 2010 to 2050; therefore, in the future, there could be less taxicabs. Authorizing a new taxicab company, he believed, was similar to taking a small pie and cutting it up even thinner. Mr. DeWalt stated there was a cap for taxicab rates in San Rafael, which would need to be increased because the existing cab companies would not be making any money and would have to increase their fares. Also, with more cab companies paying higher workers’ compensation, high insurance rates and more fees to the cities, they would favor taking passengers to San Francisco or the Wine Country over local short runs. He questioned how long some companies would stay in business should another company be added. Mr. DeWalt noted the cab companies had only three days’ notice to respond to this issue. He indicated that nine months ago the City Council voted for a JPA (Joint Powers Agreement) to take over all the taxicab companies in Marin, and he suggested this be established to take care of the situation. They had been working with the taxicab industry and he believed it was time to wait. Should the market be as bad as suggested, Councilmember Phillips questioned why anyone would wish to enter it. Noting the other taxicab companies had been in business for some period of time and presumably, had a leg up with regard to competition, he questioned the concern about a new company entering the market and why they were entering if the market was so poor. Mr. DeWalt stated he did not understand why they would want to get into this market. Councilmember Phillips inquired whether it was merely that the other taxicab companies did not want as much competition. Responding negatively, Mr. DeWalt stated there were very little fares presently and allowing more taxicabs was merely “taking a pie and making thinner slices.” Mayor Boro suggested directing this question to the applicant. Rocky Birdsey, Marin Center for Independent Living, expressed the hope that from the fleet of five taxis, at least one would be an accessible vehicle. He noted that from all the taxicab companies in Marin County, not one had an accessible vehicle for the disabled. Regarding the comment that service was excellent, Mr. Birdsey stated this was so, except for the disabled. Regarding the senior population, from research supplied by Craig Yates, Mr. Birdsey stated that as the senior population grew, there would be a need for more public transportation of all means. Mr. Birdsey stated he hoped to return to Council in the coming weeks with information on accessible taxis, subsequent to a statewide meeting in Sacramento on this issue. , Dennis Fishwickstated that cab driving was a very difficult and low paid job, with periods of inactivity. He believed a new cab company would cut business from other drivers and urged the City Council not to approve this application. Mayor Boro invited the applicant to discuss why this made sense in light of recent comments. SRCC Minutes (Regular) 06/21/2004 Page 5 SRCC Minutes (Regular) 06/21/2004 Page 6 Abbas Sarang, applicant, stated it was not a matter of making money, rather he wanted to provide a good service. Having worked as a taxi driver he believed passengers were not treated correctly and on going to schools, children did not recognize them as taxi drivers in the absence of wearing a uniform. Noting Fire Department personnel and school bus drivers wore uniforms, he believed it was important for taxi drivers to be recognized and presentable. Mr. Sarang stated he wished to offer the best service to the community and was willing to take a chance on making money. There being no further comment from the audience, Mayor Boro closed the public hearing. Mayor Boro invited Lieutenant Johnson to address some questions raised, together with the conclusion in the staff report that the “Police Department believes the public convenience will benefit from expanded services offered by the addition of Abbas Sarang, d.b.a. I.M. Taxi.” Taking a two-pronged approach to the Police Department conclusion, Lieutenant Johnson stated that from an objective standpoint, they did not look at this on a strictly financial basis, nor did they feel equipped to conduct a full market research. Having worked with Mr. Abbas and listening to his passion and desire to enter this business, Lieutenant Johnson believed he would provide a good and quality service to the citizens of San Rafael. Lieutenant Johnson stated he could not speak to the market on any given day or season. He was aware Golden Gate Transit had cut back services and that schools and two working parent households constantly used taxi services to pick children up from school. As a Police Officer, he indicated he was impressed with how Mr. Abbas wanted to sign in and out, arrive in uniform and present himself to the school, which he considered convenient for the citizens of San Rafael. Regarding ADA accessibility, Lieutenant Johnson stated the company had one minivan; however, he was unaware whether it was sufficiently large. Mayor Boro reported that a letter was also received from Ian Lambton concerning his opposition to this service. Councilmember Phillips stated he could understand that as an operator one might not want additional competition, particularly from someone with as much enthusiasm as the applicant. He suspected the marketplace was the best indicator and would be the best judge of the service provided by all companies. Believing in the free market place, he stated he would not wish to inhibit that and would be glad to offer a motion to accept the recommendation of staff. Seconding the motion, Councilmember Cohen stated he understood the appeal made by those struggling to make money in this industry; however, agreed with Councilmember Phillips that the customers should decide who provides the best level of service. He stated the applicant believed he could do a better job and it was not clear to him why the City Council should stand in the way of affording him the opportunity to prove or disprove this. Given the state of the market, Councilmember Cohen believed that should he be unable to deliver on his promise of a higher level of service, there would be one less taxi company; therefore, the customers should decide. Councilmember Heller urged all the taxi companies to understand Rocky Birdsey’s comments and explore getting an accessible taxicab. Realizing they were expensive, she believed they also were very necessary in this and all the Marin communities. Mayor Boro concurred with the comments from Councilmembers Cohen and Phillips with respect to the issue of competition. He did not believe it was Council’s responsibility to regulate the market from that point of view. The Police Department had carried out the necessary checks and he favored the attitude and uniforms, and based on his experience, believed this could be very positive. He wished the applicant luck. Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 11582 – RESOLUTION GRANTING A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY AND LICENSE TO OPERATE TO ABBAS SARANG, dba I.M. TAXI AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 06/21/2004 Page 6 SRCC Minutes (Regular) 06/21/2004 Page 7 17. Public Hearing – CONSIDERATION OF RESOLUTIONS: (MS) – FILE 8-5 x 9-1 x 9-3-11 1) ADOPTING AMENDMENTS TO THE CITY BUDGET FOR FISCAL YEAR 2003-2004; 2) ADOPTING THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2004-2005; and 3) REDUCING THE MONTHLY COMPENSATION TO THE MAYOR AND CITY COUNCILMEMBERS FOR FISCAL YEAR 2004-2005 Mayor Boro declared the public hearing opened. City Manager Rod Gould reported that each year across America, City Managers present budgets to their Councils with words like “I am pleased and proud to present this budget for the coming fiscal year” and indicated he had mixed emotions about the budget to be presented this evening. He stated he was proud of the work carried out by Ken Nordhoff, Assistant City Manager, Dennis Shives, Assistant Director, Financial Services Division, and Cindy Mosser, Accountant, on the extremely technical and intricate accounting and tracking necessary to build such a budget and explain it to Council and the public as well as possible. He was proud of the work done by the Department Directors working together as a team to develop options for Council consideration that would preserve community services and employment to the greatest extent possible. Mr. Gould stated he was proud of the cooperation received from the employee associations, particularly the miscellaneous employees, those represented by SEIU and General Management in the City, who would be called upon to sacrifice should the budget as proposed this evening be approved. He was proud of the fact that neighborhood leaders, especially the Federation and Coalition, had given staff time to discuss the budget and its likely impacts, and to understand the City’s situation to the greatest extent possible, and he was pleased and proud of the time the Council had spent in nearly nine months of continuous budgeting this past fiscal year, to continue to trim down the City’s expenses, reflecting three years of austerity. However, Mr. Gould stated he was not pleased with the impact of this budget, as it represented a step backward for the City of San Rafael. The City had been in a period of continuous improvement in community services and capital funding in San Rafael, which could not now be maintained. He reported there would be thirty less employees than two years ago to accomplish the City’s mission and provide its core services. This, as would be described by Assistant City Manager Ken Nordhoff, was largely a function of a flat economy, rapidly rising employee benefit costs and an increasing loss of local government revenues at the hands of the State of California, which is in near constant fiscal crisis. Mr. Gould stated the City hoped for the fiscal protection proposed by the Governor that would take place sometime in 2006; however, these were highly uncertain times and it would be a tough two-year period. He pledged that City staff would do everything possible to preserve the core services essential to the public safety and quality of life enjoyed by San Rafael residents; however, not at the level or quality to which citizens had become accustomed, which was strictly a function of the available resources. Inviting Mr. Nordhoff to make his presentation, he pledged that staff would do the best possible in this difficult time. Assistant City Manager Ken Nordhoff stated the report was lengthy and he would summarize some key points and answer questions as necessary. Mr. Nordhoff reported that in the last several years, the City had been blessed with being able to adopt budgets in two-year cycles; however, as this process was started in 2003, it became evident to Council as well as staff that because of a lot of uncertainty about the City’s fiscal condition, this could not be continued. Given those circumstances, Council adopted a one-year budget for 2003-2004 with the expectation that staff would return at this time to adopt a budget for 2004-2005. Providing a review of the historical progress made on the budget, Mr. Nordhoff reported that in July, 2003, staff estimated a $4.3 million gap, which grew to $4.6 million by November. Three separate Study Sessions were held as of January, 2004. Between then and now, he reported some changes took place causing a $2.2 million gap, which would be the subject of most of his presentation this evening. Mr. Nordhoff explained that the $2.2 million was a combination of events, including a flat economy, major tax trends, rising benefit costs in the area of health insurance and particularly this year, with the investment losses in the County retirement system, there were additional retirement costs in excess of $1 million, which contributed to the problem. He indicated that the Governor had proposed, as he did with many stakeholder groups throughout the state, ways of helping to balance the state budget. Mr. Nordhoff reported that for local government SRCC Minutes (Regular) 06/21/2004 Page 7 SRCC Minutes (Regular) 06/21/2004 Page 8 this meant cities, counties, special districts and redevelopment agencies, collectively would contribute $1.3 billion for the coming fiscal year as well as fiscal year 2005-2006. San Rafael would lose approximately $1 million from local tax revenue with a pledge of some protection beginning in 2006 going forward; however, meanwhile, the reality existed of losing $1 million for the next two years. Referring to other state issues mentioned in the staff report that dealt with the triple flip, Mr. Nordhoff stated this had to do with borrowing one quarter of one per cent of sales tax to help pay for the state bonds passed in March, 2004. He reported there had been a lot of debate about the Vehicle License Fee backfill. The Governor’s budget had this proposed at 100%, with the exception of the money to be taken to make up the million dollars, and with other uncertainties looming in Sacramento, there was not a final budget, locally at least, in terms of the state impacts; however, staff had built in everything known to date in Sacramento and believed Council would be adopting a balanced budget. Mr. Nordhoff indicated there was a separate resolution for Council consideration, similar to the Redevelopment Agency, for amendments in the current fiscal year - Exhibits 3 and 4. He explained that Exhibits 1 and 2 codified a whole menu of adjustments made to the budget. Items Council had already seen and acted on were shaded to differentiate the new items. Referring to Schedule A, Mr. Nordhoff reported that staff realized it would not be possible to arrive at a solution without again considering looking at the practice of trying to maintain the long-standing financial policy of a 10% reserve. Considering the Governor was taking money for the next two years, he stated drawing down $500,000 in the coming year and the next year appeared appropriate in light of the expectation that the Vehicle License Fee funds lost this year would be received in August, 2006. Mr. Nordhoff stated it was staff’s recommendation that Council draw down these reserves over the next two years with the expectation of replenishing them if and when the $1 million Vehicle License Fee funds were received. Indicating that the Fleet Advisory Board considered the Vehicle Replacement Schedule, Mr. Nordhoff reported that with downsizing and evaluation of vehicle usage in the fleet, staff believed $250,000 could be returned to the General Fund. Mr. Nordhoff reported that the most significant item on the list was the implementation of mandatory time off of 13 days, the maximum allowable in the current agreements. He indicated this would affect all unrepresented management in the organization, the Fire Chief Officers group, the newly formed Confidential group, together with the employees of the SEIU group, with the exception of two positions related to parking that generate revenue. Mr. Nordhoff stated staff estimated the savings to be $475,000 to the General Fund. Other savings occur in the Redevelopment Agency, the Sanitation District and other specialized funds; however, tonight was an illustration of the General Fund value. Reporting having met with the Confidential Unit, and he and the City Manager having met with SEIU, Mr. Nordhoff stated that one change was proposed to the date closure schedule. From the attachment to the staff report, he stated it could be seen that City Hall, Public Works, the Community Centers and a number of other facilities affected by these employees would be closed the week of Thanksgiving, the week between the Christmas and New Year’s holidays, together with a scattering of other days to total 13. Overall, Mr. Nordhoff believed people were not wild about this; however, recognizing there would be closures, accepted it was a necessity as part of balancing the budget. He noted the 13 days equated to a 5% pay reduction for all affected employees. Mr. Nordhoff reported that at the Study Session of June 7, 2004, Mayor Boro obtained the confirmation of all Councilmembers to reduce their pay in the coming year by 10%. He stated that item was listed in Schedule A for the first time, and amounted to $3,800. Regarding options for the Fire Department, Mr. Nordhoff stated that over three Study Sessions this spring, the Fire Chief put forth a series of options. Fire Chief Bruce Martin is still reviewing data and working with staff to determine the service impacts of a number of options, including using rolling brown-outs or eliminating staffing on a permanent basis, or possibly restructuring the agreement with Marinwood, etc. Mr. Nordhoff reported that staff proposed a combination of events this evening that still achieved $300,000 of savings, including using up some special programming money on a one-time basis for $125,000, not doing some small capital equipment types of purchases for $25,000 and the balance of $150,000 coming from the overtime account. Mr. Nordhoff stated these items were proposed in part with the knowledge that the Fire Chief would need to work with the City Manager, Council, Fire Association and with the community in determining what the level of service reduction could permanently look like in the coming months. SRCC Minutes (Regular) 06/21/2004 Page 8 SRCC Minutes (Regular) 06/21/2004 Page 9 Commenting on a new item on the list, Mr. Nordhoff reported that Vaughn Stratford, long-time Library Director, had announced his retirement and the City Manager was considering a reorganization where ultimately one management position would be eliminated at a savings of $75,000 in the coming year. Mr. Nordhoff stated there was a vacant Librarian Assistant position, some reorganizing was being carried out in the Information Services Division, centered around a retirement, and the Police Department proposed a reduction of $300,000, which included the elimination of three positions, with a little offsetting cost for the hiring of a cadet and some overtime. Referring to two other items on Page 2 of Schedule A, Mr. Nordhoff stated that some resolution needed to be made to an action taken last year regarding vacation relief for the Fire Department to continue to achieve an ongoing savings of $300,000. He stated staff would be meeting with the Fire Association and the Fire Chief in the coming few months to have this solidified by the first of the calendar year. Mr. Nordhoff stated that basic life support transportations would generate fees and because of falling Medicare third-party billing revenues in the Paramedic Fund, staff suggested these monies be directed there which would minimize the level of increase needed in the Paramedic Tax in the coming year. Mr. Nordhoff reported that the actions presented collectively totaled approximately $2.3 million, leaving a $90,000 surplus. He indicated he mentioned on page 7 of the staff report reasons for his belief that even though more actions than necessary were taken, some variables remained. These included an unknown state budget, negotiations with the Department of Justice regarding a series of ADA (Americans with Disabilities Act) violations (to cost some hundreds of thousands of dollars) as yet undetermined, together with notification received last week that health care costs once again were rising. He stated that because they had gone to regionalized pricing, the Bay Area got hit the hardest, with healthcare increases somewhere between 5% and 23%. Referring to Summaries 1 and 2, Mr. Nordhoff explained that Summary 1 identified actions taken through January, and assuming all the items listed on Schedule A were enacted, he had rolled them into Summary 2. He indicated that page 8 of the staff report included a table that itemized what Council had done over the past twelve to fourteen months to get this coming fiscal year’s budget into balance. Of the $6.4 million of actions taken, approximately $4.7 million related to reductions in expenses, positions, and different ways of eliminating costs, and approximately one quarter, $1.7 million, was associated with either implementing new fees or raising existing fees. Mr. Nordhoff noted that City Manager Gould reported the City would be down 30 positions from a year ago, which was a significant decline with an employee base of approximately 450. Lastly, Mr. Nordhoff stated that similar to the Agency report, the Department Directors had worked with their staffs to update progress on the two-year goals, the summary reports of which were attached. He commented that detailed reports for each program were available in his office should Councilmembers be interested. Mr. Nordhoff noted there were three resolutions for adoption this evening to put the budget into balance and he would be happy to answer questions. He echoed City Manager Gould’s comments regarding Dennis Shives and Cindy Mosser, both of whom had been very helpful in putting the budget together. Regarding the Triple Flip – page 3 of the staff report, while hard to understand, Councilmember Heller inquired whether it had commenced and when it would end. Mr. Nordhoff stated it had not started and explained that as retailers collect sales tax and turn it over to the state, cities receive it in a quarter lag, i.e., the sales for January through March become receipts to the City from April through June. He stated that with the Triple Flip, all sales through June become revenues to cities through September; therefore, the first loss of the Triple Flip would be seen in October, and this was built into the budget. From what is known at this time, Mr. Nordhoff stated it would go on until the bonds are paid off, which he estimated to be at least seven to eight years. Noting the state had promised to backfill, Councilmember Heller inquired whether it was contained in their present budget. Mr. Nordhoff stated he believed it was. A lot of details needed to be worked out as it was based on assumptions and had a lot to do with whether sales tax was trending up or down. He stated the City’s was fairly flat; however, he believed eventually the City would be made whole, albeit it could take some time to get there. City Manager Rod Gould added that the commitment was simply statutory and the State could change its mind in any given year not to make good on that commitment unless there was Constitutional protection. SRCC Minutes (Regular) 06/21/2004 Page 9 SRCC Minutes (Regular) 06/21/2004 Page 10 Mayor Boro declared the public hearing opened. Roger Roberts, noting from Schedule A that the reserves would be drawn down by $500,000 in each of the coming two years with the expectation that some day this would be reimbursed from the state, inquired as to the amount of remaining reserves. He assumed this bore some relation to recalculating fleet replacement. While he believed it was the City’s practice to own its equipment, he suggested that perhaps in the future it would be necessary to lease some of this equipment and he hoped this was being considered. In the event capital reserves being saved for capital replacement did not materialize, Mr. Roberts suggested there should be some planning on the part of the City to potentially consider a bond issue, which would amount to a Parcel Tax that could not be taken by the state and which would be used strictly for capital replacement purposes to meet level of service requirements. Councilmember Cohen stated the City was looking at the need to replace critical facilities and upgrade and was looking for citizens willing to help evaluate the condition of the City’s facilities and generate a plan for raising the capital necessary. He noted the deadline for that application had been extended by 21 days, i.e., July 13, 2004, and he encouraged Mr. Roberts to apply. Mr. Roberts stated it was his understanding that Task Force would be only looking at buildings and he assumed the capital replacement budget was for vehicles and other operating capital equipment. Mayor Boro stated that historically, the only capital reserve account the City has had was for vehicles, with everything else being funded from operating income. He agreed the call for this particular committee was primarily looking at buildings; however, he believed other issues would arise. Mr. Roberts stated he was aware that most cities in the County attempt to do everything on an operating basis and provide for future needs out of operating budgets, and he suggested the City could find it necessary to take a different approach. Councilmember Phillips noted Mr. Roberts had inquired as to the amount of the reserve balance. Mr. Nordhoff stated that the General Fund reserves are typically 10%, i.e., $4 million. Pursuant to taking the $500,000 reduction, they would be reduced to approximately $2.6 million, or 6%, and staff was planning to further reduce this in the following year, to slightly over 5%. Regarding the fleet, Mr. Nordhoff stated staff had gone to Council in the past, exploring lease situations for assets costing in excess of $100,000 and most recently, Council had financed two fire engines costing approximately $670,000; therefore, cash flow payments were being spread out where it made economic sense. Mr. Roberts stated it could well be that the City would have to have an operating budget for operating expenses and a capital budget for capital expenses, funded in two different manners. Patrick Murphy, Federation of San Rafael Neighborhoods, addressing the elimination of the Community Policing position, stated he knew and respected the City Manager and Police Chief, who had worked in a very diligent manner in addressing their budgets and how to deal with the present crisis. The budget having been presented last week to the Federation of San Rafael Neighborhoods, Mr. Murphy stated a lot of people were aghast that Community Policing was on the block. They had instructions from both the City Manager and Police Chief as to how it would be absorbed into the Police Department; however, he indicated the question arose as to whether it would revert back to what used to be. Indicating that the Community Policing Department had a major impact in the City, Mr. Murphy stated that through this department, a vital partnership was established with not only the Police Department, rather also the community, and had also spilled over into the Fire Department. He stated it had been a trend of education, information and something that had enlightened the community to a level of involvement he did not wish to see fall back. He indicated the neighborhood leaders were concerned with communication. Mr. Murphy stated that Community Policing had been a vital part of the City where it was possible to receive a response leading to action to abate a situation before it became a real problem. In speaking with police officers, both those who had been involved in Community Policing and on the streets, they felt strongly that Community Policing had helped them do their SRCC Minutes (Regular) 06/21/2004 Page 10 SRCC Minutes (Regular) 06/21/2004 Page 11 jobs a little easier, permitting them to focus on the real criminals. He noted vital partnerships had been formed with respect to noise and traffic issues through Community Policing. Mr. Murphy stated he would like to see a step up of the PICASO (Pedestrians In Crosswalks and Safety Operations) program, as it provided funding for the Police Department, together with an increase in traffic fines for those offending the traffic signals and believed the vital conduit between the community and Police Department needed to be kept open. He encouraged the new Interim Police Chief to work with them to help re-establish community policing should funding become available. Steve Patterson stated he wished to underscore what a partnership Community Policing had been for neighbors, neighborhoods and neighborhood leaders throughout San Rafael, noting sight should not be lost of the numerous years many people served on a Citizens Advisory group and began to build this partnership over time. He stated the culture within the Police Department had gone very much away from an enforcement to a partnering, problem solving culture. While the culture did not exist throughout the entire Department, in his opinion, the legacy established by Lieutenant Jim Kelly through his personal persistence, presence and personality was at stake. He believed Sergeant Jonathan Bean had been mentored by Lieutenant Kelly in anticipation of passing the baton and a lot of effort by a lot of people, both citizens and within the Department who had made San Rafael a model for California, was at risk. Should Sergeant Bean be placed in another position, Mr. Patterson believed it would be difficult to continue this legacy in any type of meaningful way, and he urged the Council to consider this. Nina Lilienthal-Murphy, President, Lincoln-San Rafael Hill Neighborhood Association, expressed regret at the loss of the Community Policing Officer, which had been a huge success, not only with Lieutenant Kelly but also with Police Chief Cronin, and she welcomed the appointment of Captain John Rohrbacher as Interim Police Chief. She reiterated that Sergeant Jonathan Bean had done a wonderful job, and having talked to neighborhood leaders, she indicated they all wanted it to continue and questioned why the City would remove a program that was so successful. She reported that crime in her neighborhood had been reduced considerably and resolution of problems had increased. She expressed the hope that the Community Policing Officer position would be retained, noting that although great, it takes Cadets several years to become informed. Ms. Lilienthal-Murphy indicated she did not receive notification of the Study Session on June 7, 2004, nor was she aware of any community leader who had or saw notification in the newspaper. Having read the proposal, she believed the City had done a wonderful job; however, believed more study sessions were needed. Should it be accurate that Public Works received new vans and SUVs last year, Ms. Lilienthal- Murphy inquired as to why SUVs were purchased, and she favored the leasing idea. She stated the cost of the General Plan was outrageous and commented that tonight’s budget report could have been printed on double sided paper, in an effort to save money. Ms. Lilienthal-Murphy believed a lot more money could be derived from the leasing of portions of Falkirk. She believed the money spent on consultants to be too high and reiterated a recent request for a list and cost of consultants. Regarding building improvements, she believed now was not the time to carry out these. Most importantly, Ms. Lilienthal-Murphy urged the City Council not to dispense with the Community Policing Officer, believing Sergeant Bean to be a wonderful person and liked by all; however, she stated no one could replace Lieutenant Jim Kelly. Hugo Landecker believed Community Policing had to be preserved in every way possible. There being no further comment from the audience, Mayor Boro closed the public hearing. Mayor Boro invited Captain John Rohrbacher to address the Community Policing issue. He stated Community Policing was not being eliminated, rather a position was being eliminated, noting Community Policing was a way the Police Department operated. Captain Rohrbacher thanked Mr. and Mrs. Murphy, Mr. Patterson and Mr. Landecker for their positive comments on the successes in the Community Policing programs to date. He stated there was no argument that Lieutenant Jim Kelly would be missed when he retired in a couple of weeks and the efforts of Sergeant Bean would be missed when he returned to an assignment in patrol; however, while both had done a great job, they were not the Department’s total efforts at Community Policing. He indicated there were a further 100 employees working hard daily to support the visible or front efforts that Lieutenant Kelly and Sergeant Bean were doing. While these two men were unable to do everything by themselves, Captain Rohrbacher stated they were very good at leading the charge and setting a very good example for the remainder of the SRCC Minutes (Regular) 06/21/2004 Page 11 SRCC Minutes (Regular) 06/21/2004 Page 12 Department to follow. He indicated they looked forward to Sergeant Bean sharing his methods and successes with the new patrol officers, a lot of whom already do Community Policing. Captain Rohrbacher reported that the Police Department would continue to participate in the Health and Safety Committee, considered one of the more larger successes, with Lieutenant Jeff Franzinithe designee. While he realized there could be times when people would have to be informed the Police Department could not do something or it could take a little longer, Captain Rohrbacher stated they did not wish to see setbacks either. He noted Community Policing had been a huge success and in no way did they wish to see any backward step. City Manager Gould concurred with Captain Rohrbacher. He pointed out that Police Chief Mike Cronin had acted to institutionalize Community Policing as a philosophy and practice in the Department by making clear to all the officers and non-sworn that this was a way of doing business and was part of the culture. Part of every officer’s evaluation each year related to how they had demonstrated commitment to Community Policing and was part of the promotion to any rank in the Police Department above officer. Again, he stated a big issue was how they demonstrated leadership in Community Policing. Mr. Gould stated the new supervisors and leaders were those who proved to be skilled, adept and committed to Community Policing. He agreed with Mr. Patterson that not everyone in the Department got it yet; however, this was a culture change that would take years and he invited the neighborhood leaders to give this an opportunity. While different faces may respond, he believed the response would be highly satisfactory and staff would do the best possible within the resources available to prove this. Mayor Boro inquired whether an officer would be available to attend community meetings when requested. Captain Rohrbacher responded affirmatively and explained that all requests for neighborhood meetings are responded to and he re-extended the offer for officers to speak at neighborhood meetings. Regarding a point of contact in the Department for the community, Mayor Boro inquired whether thought had been given to this. Noting Lieutenant Kelly’s last day would be Saturday, July 10, and Sergeant Bean was being transitioned into patrol assignment, Captain Rohrbacher stated these calls were now being handled as calls for service and going on the board for shift supervisors to have beat officers take care of. He stated that one of the primary practices was to ensure that no phone call or message went unreturned, and each Police Officer had been assigned a telephone for that purpose. Should a call not be returned, Captain Rohrbacher invited citizens to call him; however, he believed this would not arise. Mayor Boro stated that getting to this point had been extremely difficult for every department. He indicated that he and Councilmember Cohen had been in San Rafael in the bad times of the early 1990s, while City Manager Gould was in a similar position in Southern California. Aware the cycle would return, albeit not so soon, Mayor Boro stated the City Council was charged as best as possible to deliver the services to the community, public safety being the top priority. He noted there were very bright people in the Police and Fire Departments and Council was looking to them to find new and innovative ways to carry out the services. Mayor Boro stated that before appointing Captain Rohrbacher as Interim Police Chief this evening, he commented to him that normally it was good to begin a job when there was a problem one could fix; however, Captain Rohrbacher was entering a Department at an all time high in community respect. From surveys conducted he noted a 90% satisfaction rate from the community. There was a great foot patrol in the downtown, the directed patrols continued to be supported, Officer Joel Fay was working with the community, and these would continue. While the position of the COPS sergeant would not be there, Mayor Boro stated the work itself would continue through the Department. This was the charge of Chief Cronin and Captain Rohrbacher had assured Council he could do this as Interim Police Chief. Looking at the $6 million in budget changes in a $40 million General Fund over the last year or eighteen months, Councilmember Cohen stated these were significant cuts across the board. While up to now Public Safety had been exempted, being the number one priority, he stated the City was in a position now where it could no longer afford to exempt public safety without closing the library, parks and drastically reducing maintenance of City facilities, all things that would contribute to a much bigger bill not far down the road. Councilmember Cohen stated that through a series of events, the City was not in a position to be able to do that. Apologizing for the problem regarding notification about the budget hearing, Councilmember Cohen stated the Council discussed and wrestled with the issue of eliminating this position. He indicated that Chief Cronin presented two options: 1) Eliminate the sergeant for community policing; and 2) eliminate the sergeant position for directed patrol. He was aware of the very public face of Community Policing and agreed it was tremendous; however, what most did not see was what the officers in directed patrol did. While he understood Councilmember telephones could be ringing, having looked hard at the issue, Councilmember Cohen indicated SRCC Minutes (Regular) 06/21/2004 Page 12 SRCC Minutes (Regular) 06/21/2004 Page 13 he came to the conclusion these calls would be a lot more serious should the officers going after gangs, drugs, vice, etc., be eliminated. He stated the Police Department had done an outstanding job on this work, which was not seen that much, and would be worse should officers not be assigned to target the “bad guys” and keep them out of this community. Councilmember Cohen stated it was explicitly discussed that the neighborhood leaders would be requesting the program not be eliminated because of its success and to evaluate the crime rate in San Rafael; however, he believed the other part of the job had been an equivalent success. He commended the Police Chief and everyone in the Department for their work and did not believe the City could afford to cut back in that area. Thinking highly of the program and believing Community Policing was not a position, rather an attitude, and a culture change was being seen in the Department, Councilmember Cohen stated he would like to see this position restored in the future, with a public face and point person for the Community Policing effort; however, he could not see it being done this year. Noting this had been a lengthy process, Councilmember Phillips stated the City would not have made it to this stage without Mr. Gould’s leadership and Mr. Nordhoff’s involvement, together with the Department Heads. He believed the combined effort was successful given the task at hand, and he thanked those in the audience, Mr. Gould and Mr. Nordhoff. Councilmember Heller stated that everything was in flux in Sacramento. The Legislature had not agreed to any budget the Governor had put forward. She indicated they were angry, sullen and very pushed out of shape that agreements had been made around them. Councilmember Heller indicated her confidence that the Governor would pull through and there would be two years of “blood letting” before beginning a period of calmness. Should the Legislature choose to take more money or refuse to back the Governor’s budget, she believed there could be rapid changes. She stated the cities, counties and special districts would know in November whether they had any bit of safety in the future. Councilmember Miller thanked all the employees of the City of San Rafael for supplying options, opinions and ideas, as he believed they were in a position to know the impacts, etc. He noted the process for the development of this budget and options for Council consideration was most admirable and effective. Having been around business for some time, Councilmember Miller stated he seldom saw such creativity in meeting the challenges, from the bottom up. Mayor Boro stated Councilmembers Phillips and Miller summarized that aspect of this process, i.e., managers and employees working collectively, sharing numbers and looking for advice. He noted there had been suggestions from employee groups, unions, individual employees and managers. It was not something done in a vacuum; everyone had goals and objectives, were aware of the mission as a City and anticipated working doubly hard with less resources to go forward. Mayor Boro stated a lot that had happened in the City over the past several years was not because four or five people or managers decided to do it, rather the community came together and it was the City’s job to find the money and help get it done, and basically this was what happened with the budget. Employees were looked to for help and Mayor Boro expressed thanks for the cooperation received. Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 11583 – RESOLUTION AMENDING THE 2003-2004 BUDGET 1) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None For those in the audience who were not in attendance for the last Budget Study Session, Councilmember Cohen stated he was philosophically opposed to furloughs to balance the budget from the pockets of employees. His concern was that citizens were not willing to pay for the level of service demanded and employees were requested to take a cut out of packages negotiated in good faith to make up the gap. That being said, Councilmember Cohen stated that in this very challenging time he understood the need for this. As previously argued, he indicated he was not completely convinced of having dug as deeply as possible on this one; however, he would support the resolution. For the record, Councilmember Cohen stated this cut should not be taken for granted. He believed the hours should be restored to employees before restoring programs. With regard to restoring the Community Policing Sergeant in a year or two, he indicated that when that first chunk of money became available it should go towards restoring the employees’ 5% pay cut and he would vote accordingly at that time. SRCC Minutes (Regular) 06/21/2004 Page 13 SRCC Minutes (Regular) 06/21/2004 Page 14 Being part of a package, Councilmember Cohen stated he would support the item, indicating he respected the employees’ willingness to pull together to make a contribution to the budget and make it work. Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution. Appreciating Councilmember Cohen’s position and philosophy in this arena, Mayor Boro reported that several SEIU member employees approached him recently expressing thanks to the City Council for saving their jobs. While he understood Councilmember Cohen’s sentiments, he believed it was also important to maintain as many jobs as possible. This was this year’s option and the future would be considered going forward. RESOLUTION NO. 11584 – RESOLUTION APPROVING THE BUDGET FOR THE 2) FISCAL YEAR JULY 1, 2004 – JUNE 30, 2005 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET IN THE AMOUNT OF $62,670,618 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 11585 – RESOLUTION DIRECTING THE CITY MANAGER 3) AND CITY FINANCE OFFICER TO WITHHOLD TEN PERCENT (10%) OF THE MONTHLY COMPENSATION OF THE MAYOR AND COUNCILMEMBERS DURING FISCAL YEAR 2004-2005 AND TO DONATE SAID FUNDS INTO THE CITY’S GENERAL FUND AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCILMEMBER REPORTS: 18. 1) Day Labor Issue: - File 231 x 9-1 Councilmember Cohen reported that he and Councilmember Miller are a sub-committee of the City Council continuing to evaluate the Day Labor issue. Subsequent to recent meetings, he believed there was reason for cautious optimism, and hoped there would be something serious for Council to consider in the next few weeks. With continued luck, he speculated a program could get under way this year. Mayor Boro thanked Councilmembers Cohen and Miller, City Manager Gould, Police Chief Cronin and Assistant to the City Manager Lydia Romero for their efforts with this issue. Water Transit Authority File 258 x 9-1 2) : - Councilmember Heller reported having attended the Water Transit Authority Community Advisory Committee meeting on Wednesday, June 16, 2004, and stated that since Regional Measure 2 passed in March, the Water Transit Authority was moving ahead with its plans for water taxis. She indicated that the South San Francisco route was scheduled to commence service in 2008 and was almost fully funded. Should the San Mateo County Sales Tax Renewal Measure pass, she indicated the water transit taxi would be funded and would move forward. Councilmember Heller reported that Berkeley, Richmond and Redwood City routes were in the works but not fully funded; the Port Sonoma study was being coordinated and would be tied with SMART. She indicated that Sonoma County Supervisor Mike Kernsstated they might go to the ballot in November for a sales tax measure and he would advocate for ferry transit funds. Councilmember Heller distributed some material regarding free demonstration ferryboat rides, tentatively scheduled from September to October. SMART: - File 245 3) Reporting on a SMART (Sonoma-Marin Area Rail Transit) meeting held on Thursday, June 17, 2004, Mayor Boro recalled that the Marin contingent, having decided it would be counter-productive to have the Sales Tax Measure and the SMART Measure on the ballot together, stuck with that position. He indicated there was much concern in Sonoma County because of the fact that the polls taken showed the measure to have some very positive support. He noted the bylaws stated that at least three of the five Marin representatives needed to vote for the Measure. SRCC Minutes (Regular) 06/21/2004 Page 14 SRCC Minutes (Regular) 06/21/2004 Page 15 Mayor Boro stated that approximately $7 million of TCRP (Transit Cooperative Research Program) money was available to SMART from the California Transportation Commission. The concern was that this money not be lost, and in order to sustain that, representatives from CalTrans were in attendance. He reported it was agreed to pass a resolution at the July meeting that would generate a work plan to get to a ballot point either in March or November, 2006 for SMART. He indicated the work plan would not only include doing the Environmental Impact Report, rather would also deal with all the issues regarding station planning, shuttle busses, financing, etc. It was also agreed to have wording for the SMART ballot measure available in August, 2004, for the 2006 election, as a show of commitment. Mayor Boro stated that Marin was very supportive of this. Sonoma would have preferred to go forward and they were pursuing a quarter-cent sales tax for their own streets, roads and some transportation; however, he was not aware of the outcome. There being no further business, Mayor Boro adjourned the City Council meeting at 10:23 p.m. ____________________________ JEANNE M. LEONCINI, City Clerk APPROVED THIS ______ DAY OF __________, 2004 ___________________________________ MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 06/21/2004 Page 15