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HomeMy WebLinkAboutCC Minutes 2005-04-18 SRCC Minutes (Regular) 04/18/2005 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 18, 2005 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Vice-Mayor Paul M. Cohen, Councilmember Cyr N. Miller, Councilmember Absent: Gary O. Phillips, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION – COUNCIL CHAMBER – 8:55 PM Mayor Boro announced Closed Session item. CLOSED SESSION – CONFERENCE ROOM 201 – 9:30PM 1. Conference with Labor Negotiators (Government Code Section 54957.6) Negotiators: Ken Nordhoff, Lydia Romero Employee Organization:  San Rafael Firefighters’ Association Mayor Boro announced at 10:10 p.m. that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:17 PM a) Underage Drinking: - File 9-1 x 13-1 Doctor Thomas Dembski, Dentist, Terra Linda, and member of the Marin County Alcohol and Drug Advisory Board stated the urgency in speaking to Council was nothing less than preserving the quality of life enjoyed in Marin and San Rafael, aptly described in the outstanding Independent Journal article by Mayor Boro on the State of the City. Dr. Dembski announced that the Alcohol and Drug Advisory Board and the Marin County Health and Human Services Department were sponsoring a free policymakers conference on Thursday, May 26, 2005, from 8:30 a.m. – 3:00 p.m. at the Embassy Suites Hotel in San Rafael. He explained this was for all the municipalities in Marin to share and discuss proactive strategies for addressing the costly issues of underage drinking and community problems associated with alcohol abuse. Indicating it was not a brainstorming or gripe session, he stated it was an opportunity for teens from each of the cities and towns in Marin to discover what works in California communities and how it could work in Marin. Dr. Dembski encouraged a team from each municipality to attend, to include the Mayor, City Council, Planning Commissioners, Police Chief, City Attorney, etc. b) Conflict in Iraq: - File 9-1 John Jenkel, Sebastopol, invited Council support in helping to end the conflict in Iraq. CONSENT CALENDAR: Councilmember Cohen moved and Councilmember Heller seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Joint Meeting with Minutes approved as submitted. School Districts of March 9, 2005 and Special and Regular Meetings of Monday, April 4, 2005 (CC) 3. San Rafael Critical Facilities Strategy Committee: a) RESOLUTION NO. 11731 – RESOLUTION ACCEPTING (CM) – File 9-2-57 x 268 x 102 THE FINAL REPORT OF THE SAN RAFAEL CRITICAL a) Resolution Accepting the Final Report of FACILITIES STRATEGY the San Rafael Critical Facilities Strategy COMMITTEE AND Committee and Dissolving the DISSOLVING THE Committee; and COMMITTEE b) Resolutions of Appreciation to Committee SRCC Minutes (Regular) 04/18/2005 Page 1 SRCC Minutes (Regular) 04/18/2005 Page 2 Members b) RESOLUTION NO. 11732 – RESOLUTION OF APPRECIATION TO LIONEL ASHCROFT, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER RESOLUTION NO. 11733 – RESOLUTION OF APPRECIATION TO BILL BALLAS, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER RESOLUTION NO. 11734 – RESOLUTION OF APPRECIATION TO KATE COLIN, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER RESOLUTION NO. 11735 – RESOLUTION OF APPRECIATION TO JACK DEVLIN, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER RESOLUTION NO. 11736 – RESOLUTION OF APPRECIATION TO MARIE FISHER, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER RESOLUTION NO. 11737 – RESOLUTION OF APPRECIATION TO GLADYS GILLILAND, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER RESOLUTION NO. 11738 – RESOLUTION OF APPRECIATION TO LARRY LUCKHAM, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER RESOLUTION NO. 11739 – RESOLUTION OF APPRECIATION TO CHARLES PICK, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER RESOLUTION NO. 11740 – RESOLUTION OF APPRECIATION TO ALEXANDER VOLLMER, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER RESOLUTION NO. 11741 – RESOLUTION OF APPRECIATION TO ROBERT WARD, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER SRCC Minutes (Regular) 04/18/2005 Page 2 SRCC Minutes (Regular) 04/18/2005 Page 3 RESOLUTION NO. 11742 – RESOLUTION OF APPRECIATION TO PATRICK WEBB, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER RESOLUTION NO. 11743 – RESOLUTION OF APPRECIATION TO IRAJ ZOLNASR, CRITICAL FACILITIES STRATEGY COMMITTEE MEMBER 4. Summary of Legislation Affecting San Rafael SB 435 Housing: Density Bonuses. Senator Hollingsworth – OPPOSE (CM) – File 116 x 9-1 5. Monthly Investment Report for Month Ending Accepted Monthly Investment Report for month ending March 2005, as March 2005 (MS) – File 8-18 x 8-9 presented. 6. Update to City’s Investment Policy (MS) – Accepted report on Update to City’s . File 8-18 x 8-9 Investment Policy 7. Amendments to the Nationwide Deferred 1) RESOLUTION NO. 11744 – RESOLUTION AMENDING THE Compensation Plan: (MS) – File 7-4-5 NATIONWIDE RETIREMENT SOLUTIONS DEFERRED a) Resolution Authorizing Loans to COMPENSATION PLAN TO Participants with the San Rafael 457 Plan AUTHORIZE LOANS TO & Trust; and PARTICIPANTS b) Resolution Authorizing Adoption of a Nationwide Accumulated Benefit 2) RESOLUTION NO. 11745 – Conversion Program RESOLUTION AMENDING THE NATIONWIDE RETIREMENT SOLUTIONS DEFERRED COMPENSATION PLAN TO AUTHORIZE THE ADOPTION OF A NATIONWIDE ACCUMULATED BENEFIT CONVERSION PROGRAM 8. Resolution Approving and Authorizing the City RESOLUTION NO. 11746 – RESOLUTION APPROVING AND Manager to Execute an Amendment to an AUTHORIZING THE CITY MANAGER Agreement Between the City and Caporicci and TO EXECUTE AN AMENDMENT TO Larson, Certified Public Accountants, Extending AN AGREEMENT BETWEEN THE the Term of the Agreement for the Provision of CITY AHD CAPORICCI AND LARSON, Auditing Services (MS) – File 4-3-399 x 8-9 CERTIFIED PUBLIC ACCOUNTANTS, EXTENDING THE TERM OF THE AGREEMENT FOR THE PROVISION OF AUDITING SERVICES (FOR THE FISCAL YEARS ENDING JUNE 30, 2005 AND JUNE 30, 2006) 10. Resolution of Appreciation to Peacock Garden RESOLUTION NO. 11747 – RESOLUTION OF APPRECIATION TO Club Re Tree Planting for Arbor Day, to be Held PEACOCK GARDEN CLUB on Thursday, April 28, 2005 at Munson Park, Terra Linda @ 10:00 a.m. (PW) – File 102 x 109 12. Resolution Accepting Proposal from Harris & RESOLUTION NO. 11748 – RESOLUTION ACCEPTING Associates for Design and Preparation of Plans PROPOSAL FROM HARRIS & and Specifications for the 2005 ADA Curb Ramp ASSOCIATES FOR DESIGN AND Project and Authorizing the Public Works Director PREPARATION OF PLANS AND to Execute the Agreement (PW) – SPECIFICATIONS FOR THE 2005 File 4-3-439 x 13-1-1 ADA CURB RAMP PROJECT AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE THE AGREEMENT IN AN AMOUNT NOT TO EXCEED $45,000 SRCC Minutes (Regular) 04/18/2005 Page 3 SRCC Minutes (Regular) 04/18/2005 Page 4 13. Resolution Approving Final Map of Subdivision RESOLUTION NO. 11749 – RESOLUTION APPROVING “MAP OF entitled “Map of Capri Condominiums” (PW) – CAPRI CONDOMINIUMS” SAN File 5-1-357 RAFAEL AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips The following item was removed from the Consent Calendar for discussion at the request of Councilmember Cohen: 9. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TOWN OF SAN ANSELMO TO PROVIDE THE TOWN OF SAN ANSELMO WITH PARKING METER MAINTENANCE AND COLLECTION SERVICES (MS) – FILE 4-10-347 x 11-18 Councilmember Cohen invited Parking Services Manager Chad Lynn to explain the process further. Chad Lynn stated that San Anselmo installed parking meters on three of its off-street parking lots, piggybacking on San Rafael’s contract for meters for on-street areas. He indicated they contracted for the maintenance service and the actual collection of the coin, and having the infrastructure to do so (van with lift gate), San Rafael would process their coin and make the deposits. He explained that the coin is collected, brought back to San Rafael, counted and deposited for San Anselmo, and any maintenance needed is done on a weekly basis utilizing a full-service vehicle. Noting the exclusion of enforcement, Councilmember Cohen confirmed with Mr. Lynn that this entailed just keeping equipment functioning and collecting the coin. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 11750 – RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT, IN A FORM TO BE APPROVED BY THE CITY ATTORNEY, WITH THE TOWN OF SAN ANSELMO TO PROVIDE THE TOWN OF SAN ANSELMO WITH PARKING METER MAINTENANCE AND COLLECTION SERVICES AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips The following item was removed from the Consent Calendar for discussion at the request of Public Works Director Andrew Preston: 11. REPORT ON BID OPENING AND RESOLUTION AWARDING CONTRACT FOR SOUTH POND TRAIL IMPROVEMENTS, PROJECT NO. 11048, TO MCNABB CONSTRUCTION (BID OPENING HELD TUESDAY, APRIL 12, 2005) (PW) – FILE 4-1-573 x 9-3-40 Mr. Preston explained that he requested this item be pulled from the Consent Calendar because this afternoon at 3:30 p.m., a bid protest was received from Ghilotti Bros., Inc. Outlining the project, Mr. Preston stated this was the southerly section of the Shoreline pathway, at the end of Piombo Place, close to the San Rafael Public Works Corporation Yard. He indicated that it was a small amount of grading and paving to extend the pathway and a larger amount of landscaping around the sides of the pond itself. Mr. Preston reported that bids were opened on April 12, 2005, with nine bids submitted. The Engineer’s Estimate was $179,102 and the low bid came in from McNabb Construction, Inc. at $247,478, with the second low bidder, Ghilotti Bros., Inc., at $270,888. As the City had not previously done business with McNabb Construction, Mr. Preston stated staff first checked that he was a responsible bidder by checking on at least three references from past municipal or city projects of like size, all of which proved very positive. His licenses were also checked, both a General Engineering A License, which permitted him to do any type of engineering construction work, and a C-27 Specialty License allowing him to do landscape contracting work; therefore, he could bid as a sub-contractor on landscaping projects also. SRCC Minutes (Regular) 04/18/2005 Page 4 SRCC Minutes (Regular) 04/18/2005 Page 5 Mr. Preston stated that when the bids were opened it was noticed that the bid from McNabb Construction had a minor irregularity in that he did not note that he had received the one addendum issued on the project. He explained that as the plans did not call out the size of the irrigation main, which could vary in size from 1 ½ “ to 4”, a clarification was issued specifying that the irrigation main was 2” in diameter. Reporting that since that time a bid protest had been received from Ghilotti Bros., Mr. Preston explained the first of two reasons specified was that McNabb Construction’s not acknowledging the addendum gave them a bid advantage. Mr. Preston stated Ghilotti Bros. stated this in the context that McNabb Construction had an opportunity of withdrawing the bid because of not receiving the bid addendum. This was not the case and McNabb Construction had acknowledged in writing that they did receive the bid addendum and their bid included the clarification of using 2” diameter irrigation main. Mr. Preston stated that McNabb Construction confirmed they inadvertently wrote “none” instead of “one” when putting the bid package together. To also counter Ghilotti Bros. Inc.’s argument that it gave McNabb Construction the advantage of withdrawing their bid, Mr. Preston quoted from Section 2.01 of the contract documents,“It shall also be the bidder’s responsibility to make inquiry as to the contract document and all bidders shall be bound by such addenda whether or not received by them.” Should they not receive the addendum/addenda, Mr. Preston confirmed they still had to abide by what was included in the addendum/addenda. He indicated it was also their responsibility to ensure they (the bidders) contacted the City to confirm they were in possession of all addenda on the project. He noted this error had occurred previously and was the reason for adding this specific sentence to the contract documents. Mr. Preston confirmed that had McNabb Construction indicated they had not received the addendum, staff would have directed them to Section 2.01 which specified that the bid acknowledged it should have been included. Also, Section 6.09 states that the City has the right to waive or reject informality in bids and he quoted: “The City reserves the right to reject any and all proposals and/or to waive any irregularities therein.” In this case, Mr. Preston reported that the City Attorney’s office reviewed this minor irregularity, deemed it minor, and recommended that the City Council waive this irregularity in the bid. Regarding the second issue in the letter from Ghilotti Bros. Inc., Mr. Preston stated they indicated that McNabb Construction bid over $46,000 for specialty fence items, and in their bid proposal did not include any sub contractor listings at all, meaning they proposed to do all of the work themselves. Indicating this was perfectly permissible, Mr. Preston explained that under an Engineering A License, they could do whatever contracting work they wished and could do with their own resources; they did not have to hire a sub contractor. Also under the Specialty Landscape License, they could do ornamental ironwork and probably ornamental fencing as well. Mr. Preston stated they did have their own resources and the ability to perform whatever work they wished on that project, and it was up to the City to ensure they did that. He confirmed that his project management team and inspectors in the field ensure that whatever subcontractors the contractor proposed to use were used, and in the absence of subcontractors, that they did the work with their own forces. Mr. Preston stated staff recommended Council award the project to McNabb Construction, Inc. for the amount of $247,478.00. Regarding the specialty fence issue, Councilmember Cohen inquired whether Mr. Preston had discussed that item with McNabb Construction as to whether they intended to perform the work themselves. Responding, Mr. Preston stated he had not, due to the fact that the letter arrived at 3:30 p.m. this afternoon. Dave Mariani, Ghilotti Bros, stated that he and Casey Carlson, the estimator, were present on behalf of Mike Ghilotti, who was unable to attend this evening. Mr. Mariani noted it had not yet been confirmed with McNabb Construction whether or not they would be in a position to perform the fencing item. He stated that presently in California, should there be an A License job and building demolition was required, Ghilotti Bros. could not perform that demolition without a demolition rider, i.e., a classification to carry out demolition in addition to the A License. He believed this was also the case with C-13 fencing and suggested it could be imperative at this point not to go forward until it was confirmed with McNabb Construction that they had performed C-13 fencing, as it was a substantial portion of the contract. Concurring with Mr. Preston, Assistant City Attorney Gus Guinan stated Mr. Preston’s opinion was based upon one he (Mr. Guinan) provided. He indicated that on analyzing the bid, the only irregularity was the fact that the word “none” instead of “one” was written on a particular line on the bid sheet. He stated that the apparent low bidder did confirm in writing to the project engineer that he had, in fact, received the addendum, his writing of “none” rather than “one” was a clerical error and he bid the project based upon all of the information the other bidders had, including that in the addendum. Mr. Guinan stated all of this led him to conclude that it SRCC Minutes (Regular) 04/18/2005 Page 5 SRCC Minutes (Regular) 04/18/2005 Page 6 was a minor irregularity, there was no competitive advantage to the other bidders, and under the provisions of the contract documents, this minor irregularity could be waived and the contract awarded, should Council see fit. Mayor Boro inquired whether there was further comment on the issue regarding the fencing and the ability of the contractor to perform this. Mr. Preston stated that on perusing some of the other contractors’ proposals this evening, from his recollection, McNabb Construction was not the only contractor not to list a sub-contractor for the fencing. He believed ornamental, decorative and fencing work could be done under a landscape contractor’s license also. Mr. Preston suggested that Council could award the contract as recommended by staff subject to his checking with McNabb Construction tomorrow morning that they proposed to do all of the work on the project utilizing their own resources. Councilmember Heller requested clarification that with a landscape license, contractors were permitted to do C-13 fencing. Mr. Preston stated that a landscaper’s license was C-27 and was not the same as a C-13 license; however, on reading what could be done on a C-27 license, he indicated it did include landscape work that involved ornamental decorative treatments, and much of the fencing, as Ghilotti Bros. could advise, was not a standard type of chain-link fence. Although there also was some chain-link fencing on the job, Mr. Preston stated this was more of a specialty type decorative fence with gates. Indicating he was inclined to accept the recommendation concerning the clerical error of “none” versus “one”, Councilmember Cohen stated that the issue of being required to list all subcontractors above a certain very small percentage of the overall contract was a very clear requirement of state law and not a principle to be abandoned lightly. In evaluating the item numbers raised in the bid protest, he indicated that at the very least, 10(a) – 48” fence and the gate – 700 linear feet @ $34,000 - constituted a substantial percentage of their bid and was a significant amount over the threshold for being required to list a subcontractor; therefore, he believed it would be difficult to argue that this was ornamental. Councilmember Cohen stated he would need to know whether they were licensed to do the work and intended to do it themselves. Mr. Preston stated they were permitted to do the work themselves and it was a matter of clarifying that they intended to. He noted that in bidding jobs these days contractors are very careful when entering their subcontractors as they are aware that over a certain value, $10,000 in this case, they are required to note every subcontractor working on the project; therefore, he would be extremely surprised if they were not planning on doing this work with their own resources. City Manager Rod Gould stated that what was alleged was a potential breach of the contract and he believed the benefit of the doubt should be given to the proposer that he was aware of what he was proposing and intended to comply. Should he not, Mr. Gould indicated that through inspection, he would be held to the contract. Disagreeing, Councilmember Cohen stated that state law requires a specific license to do this work. He noted Mr. Preston stated “I think” rather than “I know” that a C-27 license qualified the contractor to install chain-link fencing for the $34,000, rather he stated that it qualified them to install ornamental and decorative features. Councilmember Cohen stated that the chain-link fencing – the $34,000 line item – was not ornamental and decorative features, but a fence, and there was testimony this evening that that required a specialty C-13 license. He believed it was a question of whether or not they were complying with the law, and failing to list a subcontractor whether or not they were properly licensed to do the work. Councilmember Cohen stated that in his view, the award of contract would either have to be rejected or another avenue found to clarify the issue before awarding the contract. Mayor Boro inquired about the approach of awarding the contract subject to verifying the fact that McNabb Construction had the ability to do this. Mr. Preston was in agreement with this and Councilmember Heller stated she also was in favor of proceeding this way. Addressing Contract Law, Dave Mariani stated that Ghilotti Bros., Inc. could no longer demolish a building without a rider to their A License. He explained this was as a result of the Oakland Hills fires where A License contractors were carrying out all types of demolition without any demolition experience. A lot of haphazard demolition was being done without Bay Area Air Quality Management notifications or the proper Cal Osha requirements. While he was not inferring this with regard to South Pond, he stated that a C-27 license did not permit a contractor to do C-13 work. Mr. Mariani suggested Council not award the contract to McNabb Construction at this time, SRCC Minutes (Regular) 04/18/2005 Page 6 SRCC Minutes (Regular) 04/18/2005 Page 7 rather it should be deferred pending clarification from the California Contract Code regarding a C-13 License, together with the designation of Specialty. City Attorney Gary Ragghianti believed Mr. Preston could address the issue. He concurred with Assistant City Attorney Gus Guinan’s recommendation that the City Council consider holding the matter over to the next meeting while the investigation is made. Mr. Guinan stated it was probably unwise to award the contract on a conditional basis. It should either be awarded, not awarded and all bids rejected, or continued for two weeks until the investigation could be concluded. Councilmember Heller moved and Councilmember Miller seconded, to continue the item to the City Council Meeting of May 2, 2005. On the motion, Councilmember Cohen stated he noted from the staff report that timing issues were critical. Having held the item over for two weeks, should all bids be rejected because McNabb Construction’s bid was not qualified, he inquired whether the City would be in the position of not being able to rebid the project in a timely fashion and still be able to retain the funding. Mr. Preston stated this could be a possibility, explaining that $108,000 of the funding had to be spent by June 30, 2005. If in his research he discovered that it was not possible to install chain- link fencing with a Class A License, Mr. Preston stated he would put the wheels in motion to re- advertise the project immediately. In the event the bid was not valid, Mayor Boro inquired why the original bid could not be rejected and proceed to the next lowest bidder. Mr. Preston stated that the budget on the project is extremely tight. He noted that in the staff report he recommended awarding the project with no contingencies whatsoever and any unforeseen circumstances requiring funding would have to be balanced out by either reducing or eliminating other items or work in the project. While he hoped all Mr. Preston was representing was accurate, Mayor Boro stated he did not favor going out to bid and losing the entire project; therefore, he suggested Mr. Preston consider what to do should the investigation turn out to be negative. Mayor Boro confirmed that the award of contract would be put on hold, pending an investigation by Mr. Preston on the ability of McNabb Construction, with their licensing, to install the fencing. For clarification, Councilmember Cohen stated that if that were the path taken Council would have the choice to either award the bid to the #2 bidder or throw it out and rebid; however, at that point, the timing would be such that the project funding would be lost. He requested clarification from Mr. Preston. Mr. Preston stated that extremely fine timelines would have to be put on the rebid to ensure the contractor was aware of the time constraints and also to ensure he was able to construct at least 50% of the project before June 30, 2005; however, he wished to give this more thought. Based on his findings, Mayor Boro suggested Mr. Preston consider these timelines. AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips Mayor Boro requested that item No. 14, Special Presentation, be taken up at the end of the meeting. PUBLIC HEARING: 15. Public Hearing – CONSIDERATION OF LEVYING AN ANNUAL ASSESSMENT FOR THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2005-06 (RA) – FILE 224 x 183 Economic Development Coordinator Katie Korzun stated this was a matter of how the assessment for the Downtown Parking and Business Improvement District for fiscal year 2005- 06 was to be levied. She indicated that since its inception fifteen years ago, the Business Improvement District (BID) has collected dues (half the business license fee) and this had not changed; however, how the fee was levied had changed in that state law now required that the fee be re-assessed and re-levied annually. Ms. Korzun stated the approximate $15,000 total fee would remain the same as it had been for the past fifteen years. This was not all of the BID budget which is augmented both by their revenues from a parking lot as well as contributions SRCC Minutes (Regular) 04/18/2005 Page 7 SRCC Minutes (Regular) 04/18/2005 Page 8 from the Redevelopment Agency and other sponsors. As to how the money would be spent, Ms. Korzun reported that this was shown to Council a month ago in the annual report. Primarily, it would be utilized for public events, together with advertising. Ms. Korzun recommended that Council levy the assessment in accordance with state law this time around. Mayor Boro declared the public hearing opened, and there being no comment from the audience, closed the public hearing. Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 11751 – RESOLUTION LEVYING AN ANNUAL ASSESSMENT FOR THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2005-06 AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips CITY MANAGER’S REPORT: 16. None : COUNCILMEMBER REPORTS 17. None SPECIAL PRESENTATION: 14. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO THE SAN RAFAEL CRITICAL FACILITIES STRATEGY COMMITTEE MEMBERS (12) (CM) – FILE 9-2-57 x 268 x 102 Mayor Boro invited those members of the San Rafael Critical Facilities Strategy Committee present to join the City Council at the podium. For the benefit of the audience, Mayor Boro reported that this committee had been working for many months assisting in evaluating City facilities, i.e., Police, Fire, etc., together with the financial situation, and whether or not something such as a sales tax should be considered in order to bolster income so that the City could continue to sustain the level of service in the community. He indicated their work had now been completed. Acknowledging Dominican University students in the audience, Mayor Boro invited them to remain and partake of cake in the lobby at the conclusion of the meeting. Mayor Boro stated that each member of the San Rafael Critical Facilities Strategy Committee would receive a Resolution of Appreciation which addressed the work they had done: Meeting 26 times in the past several months to address the critical facilities issues, examining the operating budget deficit of the City, displaying extraordinary understanding of community needs and recommending strategies to help the City Council address issues so important to safety and quality of life of the citizens of San Rafael. Noting each member had been thanked at the Study Session earlier this evening for their great work, Mayor Boro stated he believed they had shone the light on the issues and again expressing thanks, he presented Resolutions of Appreciation to the following San Rafael Critical Facilities Strategy Committee members: In Attendance Not In Attendance Lionel Ashcroft Larry Luckham Jack Devlin Bill Ballas Alexander Vollmer Charles Pick Kate Colin Robert Ward Marie Fisher Patrick Webb Gladys Gilliland Iraj Zolnasr There being no further business, Mayor Boro adjourned the meeting at 8:55 p.m. and announced that the Closed Session would take place following the reception in the lobby. ____________________________ JEANNE M. LEONCINI, City Clerk APPROVED THIS ______ DAY OF __________, 2005 ___________________________________ MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 04/18/2005 Page 8