HomeMy WebLinkAboutCC Minutes 2005-05-16
SRCC Minutes (Regular) 05/16/2005 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MAY 16, 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
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 – 8:55 PM (Held at the conclusion of City Council meeting)
Mayor Boro announced Closed Session item.
CLOSED SESSION – CONFERENCE ROOM 201 – 8:55 PM
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 9:48 p.m. that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:15 PM
a) Conflict in Iraq: - File 9-1
John Jenkel expressed regret that on May 10, 2005, every U.S. Senator voted in favor of
expending $82 billion for undeclared war in Iraq.
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as
follows:
ITEM RECOMMENDED ACTION
2. Approval of Minutes of Regular Meeting of Minutes approved as submitted.
Monday, May 2, 2005 (CC)
3. Call for Applications for Appointments to Fill Two, Approved staff recommendation:
a) Called for applications for
Four-year Terms on the Design Review Board
appointments to fill two, four-
Due to Expiration of Terms of Ann Crew,
year terms on the Design
Architect, and Jeff Kent, Landscape Architect
Review Board;
(Terms to Expire End of June 2009) (CC) –
b) Set deadline for receipt of
File 9-2-39
applications for Tuesday,
June 7, 2005 at 12 noon in the
City Clerk’s Office, Room 209;
and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, June 20, 2005,
commencing at 6:00 p.m.
4. Call for Applications for Appointments to Fill Two, Approved staff recommendation:
a) Called for applications to fill
Four-year Terms on the Planning Commission
two, four-year terms on the
Due to Expiration of Terms of John Alden and
Planning Commission due to
Michael W. Whipple (Terms to Expire End of
expiration of terms of
June 2009) (CC) – File 9-2-6
Planning Commissioners
John Alden and Michael W.
Whipple, with terms to expire
end of June 2009;
b) Set deadline for receipt of
SRCC Minutes (Regular) 05/16/2005 Page
1
SRCC Minutes (Regular) 05/16/2005 Page 2
applications for Tuesday,
June 7, 2005 at 12:00 noon in
the City Clerk’s Office, Room
209, City Hall; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, June 20, 2005,
commencing at 6:00 p.m.
5. Summary of Legislation Affecting San Rafael Accepted report.
(CM) – File 116 x 9-1
7. Resolution of Appreciation to Richard Heine, RESOLUTION NO. 11760 –
RESOLUTION OF APPRECIATION TO
Former Fire Commissioner (FD) –
RICHARD HEINE, FORMER FIRE
File 102 x 9-2-5
COMMISSIONER
8. Monthly Investment Report for Month Ending Accepted Monthly Investment Report
for month ending April 2005, as
April 2005 (MS) – File 8-18 x 8-9
presented.
9. Resolution Approving Execution and RESOLUTION NO. 11761–
RESOLUTION APPROVING
Implementation by the City of San Rafael of a
EXECUTION AND IMPLEMENTATION
Consent and Agreement Relating to the
BY THE CITY OF SAN RAFAEL OF A
Development Agreement Between the City of
CONSENT AND AGREEMENT
San Rafael and Equity Office Properties (Re: San
RELATING TO THE DEVELOPMENT
Rafael Corporate Center) (RA) –
AGREEMENT BETWEEN THE CITY
File 140 x (SRRA) R-465 x R-405 x R-368
OF SAN RAFAEL AND EQUITY
OFFICE PROPERTIES (RE: HINES -
SAN RAFAEL CORPORATE CENTER)
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS Heller (from item #1 only, due to absence from
meeting)
The following item was removed from the Consent Calendar by Councilmember Cohen, for discussion:
6. RESOLUTION CALLING UPON THE GOVERNOR OF THE STATE OF CALIFORNIA TO
FULLY FUND EDUCATION ACCORDING TO THE REQUIREMENTS OF PROPOSITION 98
(CM) – FILE 116 x 9-1
Indicating he was fully in support of the resolution, Councilmember Cohen stated he also
believed that when someone does something right, even if at long last, it should be
acknowledged, and he would like to see the City follow this with recognition that the Governor’s
“May Revise” include fully funding Proposition 42, at least for this year, putting $1.3 billion back
into transportation. He stated it was recently likened to someone stealing a wallet, removing
$200, handing the owner back $100 and stating: “There, aren’t I a good person, I gave you
money.” Councilmember Cohen stated it should be acknowledged that the Governor did this,
encouraging the Legislature to leave the $1.3 billion of transportation funding in the state budget
for this year.
City Manager Rod Gould stated he would provide an update on the May Revise under the City
Manager’s Report, in which he would recommend exactly what Councilmember Cohen
suggested - that the City encourage the Legislature to support the Governor’s call to reinstate
Proposition 42 for one year.
Anticipating the state budget would not be formalized in the next two weeks, Councilmember
Cohen believed there was plenty of time to formalize the item on an agenda.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 11762 – RESOLUTION CALLING UPON THE GOVERNOR OF THE
STATE OF CALIFORNIA TO FULLY FUND EDUCATION
ACCORDING TO THE REQUIREMENTS OF PROPOSITION
98
SRCC Minutes (Regular) 05/16/2005 Page
2
SRCC Minutes (Regular) 05/16/2005 Page 3
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SPECIAL PRESENTATION:
10. PRESENTATION OF RESOLUTION OF APPRECIATION TO RICHARD HEINE, FORMER
FIRE COMMISSIONER (TO BE ACCEPTED BY CHARLES DANIELS, FIRE COMMISSION
CHAIRMAN(FD – FILE 102 x 9-2-5
) )
Mayor Boro invited Commissioners Charles Daniels and Mary Ellen Irwin to join the Council at
the podium and thanked them for being present to accept the Resolution of Appreciation on
behalf of Dick Heine, who was unable to be in attendance due to illness.
Mayor Boro reported that the Resolution addressed the fact that Dick had been a Fire
Commissioner since 1989. He had worked on many new programs, including development of
the Disaster Area Response Team (DART), the Urban Search and Rescue Team (USAR) and
the Emergency Operations Center (EOC) in the Fire Department. He indicated that Mr. Heine
also worked on the adoption of the 1992 Residential Commercial Sprinkler and Class A Roofing
Ordinance, the creation of the Household Hazardous Waste Facility, and had served the City by
supporting renewals of the Paramedic Tax through several elections.
On behalf of the City Council and citizens of San Rafael, Mayor Boro requested that Mr. Daniels
express their thanks to Mr. Heine and wish him well.
Mr. Daniels stated it was a shame that Mr. Heine could not be present this evening, as he was
ill. Having spoken with him this morning, Mr. Daniels indicated that Mr. Heine was aware of the
presentation of the Resolution and that he would take it to Mr. Heine’s home later in the week.
On behalf of the Fire Commission, Mr. Daniels thanked Mayor Boro and Councilmembers for
their support of the Fire Department, the Fire Commission and new Fire Chief, which they
appreciated tremendously, and he acknowledged the presence of Commissioner Mary Ellen
Irwin.
Mayor Boro acknowledged the presence of Jeff Buscher, newly appointed Fire Department
Battalion Chief, offering congratulations.
PUBLIC HEARING:
11. Public Hearing – RE: PARKING MATTERS: (MS) – FILE 9-10-2 x 9-3-20 x 9-3-87 x 11-18
a) CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE MASTER
FEE SCHEDULE TO ESTABLISH A NEW SCHEDULE OF FEES FOR OFF-STREET
PARKING AREAS
b) CONSIDERATION OF ADOPTION OF A RESOLUTION ESTABLISHING A NEW
SCHEDULE OF PARKING PENALTIES AND LATE PAYMENT PENALTIES FOR
NOTICES OF PARKING VIOLATIONS, AND RESCINDING RESOLUTION NO. 11671
Mayor Boro declared the Pubic Hearing opened.
Regarding the newly opened parking garage on Third and C Streets, Parking Services Manager
Chad Lynn reported there were 100 daily parkers as of 6:15 p.m. today, and 20 monthly
parkers.
Reporting that a new Exhibit A was distributed this evening, Mr. Lynn stated that tonight’s action
included off-street parking rates. He noted that an Ordinance would be before Council for
consideration at the June 6, 2005 City Council Meeting, dealing with on-street meter rates and
on-street times for enforcement.
Referring to Exhibit “A” - off-street - Mr. Lynn explained:
30-minute free period – Monday through Saturday – approximately 1,000 patrons take
advantage of that monthly. The first hour (including the 30-minute period) would cost
$1.00, and 50-cents per hour thereafter, which is the current incremental rate;
Vehicles entering after 6:00 p.m. would be charged a $2.00 flat rate for the duration of
their stay;
All vehicles exiting after 10:00 p.m. would be charged $2.00, which encouraged people
to stay downtown later;
SRCC Minutes (Regular) 05/16/2005 Page
3
SRCC Minutes (Regular) 05/16/2005 Page 4
Daily Maximum would be raised from $6.00 to $8.00, with the Saturday Daily Maximum
$2.00. Mr. Lynn explained that it was decided to keep the incremental rate in process
and cap the maximum at $2.00 over the course of the day on Saturdays; therefore,
someone using the parking lot for a short period on a Saturday would not incur the $2.00
fee up front, rather it would incrementally go up, similar to weekdays; however, stopping
at $2.00;
The $68.00 monthly charge equates to approximately 14-15 days of daily parking.
Going down the list Mr. Lynn stated staff was requesting a range of reduced rate parking:
Recurring Credit Card payments - allowing monthly charges without sending out an
invoice. This eliminated the invoicing and accounting process and permitted savings to
be passed on. At the estimated rates this would equate to 12 days of daily parking -
approximately $60 - $68 – rate to be finalized.
Multi-card, Multiple People - $35 - $68 Monthly – with an agreement on the maximum
number of people. Mr. Lynn explained that ten cards could be purchased; however, only
five patrons could enter the garage at any one time. A violation of this would cost $2 -
$10, i.e., a sixth person would not be prevented from entering, rather charged.
Per Card fees - This was a $10 one-time charge, with a $10 charge for a replacement.
Regarding Special Operations, Mr. Lynn stated this was requested by the Redevelopment
Agency to take advantage of special events, and in some cases the fees could actually be
lowered;
Early Bird Specials would be for staff to monitor operations in the garage to ascertain the
activity and should it be necessary to promote or encourage, these rates could be used to
encourage people to arrive earlier or stay longer;
Surface/Deck Lot Monthly Parking – Mr. Lynn explained there were areas where people
sometimes requested monthly parking, which was not currently sold; however, should space be
available, a rate would be considered and set based on availability in that lot. He indicated that
staff endeavors not to sell any lot that is fully occupied; therefore, this applied to areas with
capacity.
To understand Surface/Deck Lots, Mayor Boro inquired whether the lot on D Street was an
example of a surface lot. Mr. Lynn confirmed this was a surface lot; however, it was pretty well
occupied and selling monthly there would not be considered. He indicated that the lot between
D and E Streets on Second did not have a lot of demand; therefore, should requests be
received from adjacent businesses, reduced monthly parking rates would be offered to
encourage usage of the lot. Mr. Lynn reported that the PG&E lot at 999 Third Street was the
largest surface lot operated, currently $50, which would rise along with the monthly parking
rates in the garages. This would be approximately $58, discounted back down for those who
use recurring credit cards and other options.
Regarding the $25 - $95 range, Mayor Boro inquired how this worked.
Mr. Lynn explained this was based on several issues, most likely the lot required. He indicated
that the PG&E lot was high demand; therefore, a little more was charged, while the D Street lot
did not have high demand and the least amount possible was charged to encourage usage. He
confirmed that the rate was based on location and demand.
With regard to item b) – Parking Penalties and Late Payment Penalties - Mr. Lynn confirmed
this was the same as discussed at the Study Session. He identified the most common
violations - meters, moving from $20 to $25, overtime violation from $22 to $25 and a meter
and overtime violation combined was moving from $25 to $35. Late payment was the other
most common violation and it was proposed to go from the current $20 to two times the
violation amount, which encouraged those with larger violations, such as disabled parking @
$275, and disabled parking abuse, @ $500, to respond and either pay or contest the penalty.
Mayor Boro confirmed that approximately 20 fees were being raised, with no change to 40 plus
at this point.
With reference to the proposed fee structure, and particularly the new parking structure,
Councilmember Phillips requested confirmation that this was adequate to provide for full bond
service. Mr. Lynn stated that in staff’s projections it did provide for full bond service; however, it
was close. He noted from the staff report that it yielded approximately $83,000 towards
reserves, which he considered tight. He believed staff was attempting to be sensitive to the
market and trying to capture rates that accomplished the goals while weighing the public’s
SRCC Minutes (Regular) 05/16/2005 Page
4
SRCC Minutes (Regular) 05/16/2005 Page 5
interest. Commenting that this was an excellent place to start, Mr. Lynn was unsure whether
these could be maintained for three, four or five years; however, the proposal did cover the
service, and the past indicated that under the current rate structure, without the additional cost,
the bond obligation was met in about the tenth period.
Councilmember Phillips expressed the hope that staff would return to Council if the assumption
and projection did not prove to be valid, as it had been clearly stated that it would pay for itself.
Mr. Lynn stated he believed the projections to be fairly conservative. Staff estimated the new
garage would produce a small increase in revenue in comparison to what was being done
,
presently, i.e., perhaps 10% more, hopefully growing over time. In addition, at the current rate
structure, with the absence of the debt service, it had been possible to create a healthy reserve
which was factored into the rate structure in looking at how long it could be maintained without
having to consider anything not paying for itself. Mr. Lynn stated he watches this very closely
period to period.
There being no comment from the audience, Mayor Boro closed the public hearing.
Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 11763 – RESOLUTION AMENDING THE MASTER FEE SCHEDULE
TO ESTABLISH A NEW SCHEDULE OF FEES FOR OFF-
STREET PARKING AREAS
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution.
RESOLUTION NO. 11764 – RESOLUTION ESTABLISHING A NEW SCHEDULE OF
PARKING PENALTIES AND LATE PAYMENT PENALTIES
FOR NOTICES OF PARKING VIOLATIONS, AND
RESCINDING RESOLUTION NO. 11671
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER’S REPORT:
12. a) State Budget May Revise: - File 8-5
As indicated by Councilmember Cohen, Mr. Gould reported that on Friday, the Governor
released the so-called “May Revise” – the updated plan for the Budget for 2005-2006 - and
included in it was some good news concerning revenues, particularly income tax revenues
to the State of California. He stated the real surprise was that the Governor had chosen to
take $1.3 billion of the new revenues and apply them to streets and roads, honoring the
promise made under Proposition 42 approved by the voters in 2002. Mr. Gould reported
this breaks out at $678 million for traffic congestion relief funds, $254 million for state
transportation investment programs (STIP projects) and $127 million apiece for cities and
counties. To San Rafael, this would mean $242,394 the City was slated to get since 2002,
but never received.
Mr. Gould stated that although Mayor Boro indicated this needed to be brought back for
future Council consideration, he recalled Council taking a position in favor of Proposition 42
in 2002, and this was simply calling for its full funding. With Council’s permission, he stated
staff would draft letters calling upon the City’s legislative representatives to support the
Governor’s proposal for the additional road monies.
Also in the Governor’s budget, Mr. Gould noted a little mandate relief for Police Officer Bill of
Rights issues, which otherwise the state was not going to fund this year; however, there was
no mention of booking fees. Noting the schools were not fully funded, he believed a Council
resolution was appropriate.
Mayor Boro confirmed Council could reaffirm its support, also drafting a letter to the
Governor expressing thanks. Mr. Gould stated Council was already on record as being in
favor of Proposition 42.
Public Pensions in Marin County: - File 7-1-26
b)
SRCC Minutes (Regular) 05/16/2005 Page
5
SRCC Minutes (Regular) 05/16/2005 Page 6
Mr. Gould reported staff learned over the weekend that the Grand Jury had been
investigating the issues of public pensions in Marin County and today released a fairly
comprehensive and scathing report entitled “The Bloated Retirement Plans of Marin County,
its Cities and Towns.” Noting San Rafael was never contacted by anyone from the Grand
Jury as the report was being prepared, Mr. Gould reported that a copy was received from
another city by midday, and staff was astonished to read and see in the graphs and charts
that San Rafael was shown to have higher pension programs, particularly for the Fire
Department, than is the case. The Fire Department was shown as having 3% at 50, while in
actual fact this is 2% at 50, and this skewed how San Rafael played in the report.
Reporting that he called the Grand Jury office, Mr. Gould stated he spoke to the foreman
who had agreed to reissue the report tomorrow with the correction. He indicated he also
called Keri Brenner at the Marin Independent Journal who was writing about the issue,
requesting that she call out this correction also.
Nonetheless, Mr. Gould stated it was a very strong report and a lot of its conclusions and
recommendations he believed to be unassailable and needed to be taken seriously. He
requested Council permission to schedule a Special Study Session in the near future to
discuss pension reform in the board sense, statewide, and bring back a white paper
developed some months ago by the City Manager’s Department with a League Task Force,
as well as the Grand Jury report, for Council to consider and discuss. From that, Mr. Gould
stated staff could obtain some direction as to what, if anything, Council would like to do.
Mr. Gould confirmed for Mayor Boro that the Grand Jury foreman immediately recognized
the error and was very apologetic, indicating that a lot of people had worked on the project,
and he offered to correct it. Mr. Gould stated the foreman did not explain why the City was
not contacted.
Mr. Gould expressed thanks to Ken Nordhoff and Lydia Romero who assisted him in
correcting the record on this issue.
COUNCILMEMBERS REPORTS:
13. a) Marin Telecommunications Agency (MTA):- File 4-13-101
Councilmember Miller reported that at the MTA meeting of May 11, the Agency received the
proposed FY 2005-2006 budget and scheduled a Special Meeting for its discussion for May
25, 2005, before the MCCMC (Marin County Council of Mayors and Councilmembers)
gathering. Councilmember Miller noted that the proposed budget had serious increases in
the general expenditures and even more serious and costly increases due to policy options.
Councilmember Miller noted that the SBC franchise challenge increased legal services costs
from $38,000 to $140,000, the City’s portion being $41,000. The municipalization study,
which includes a workshop and feasibility study, would cost $100,000, the City’s contribution
being $29,480, with the cost of the formal process for negotiation being $450,000, of which
the City would have to pay $132,660. He noted also an expenditure of $13,000 for meeting
recording equipment, at a cost to the City of $3,826.
Noting the total cost to the City would increase from $59,000 to $227,814, Councilmember
Miller stated that in discussions he intended to be very stringent in terms of the SBC
franchise challenge and the municipalization study, and he considered the cost of the formal
process to be prohibitive.
Mayor Boro stated he had not recused himself from this item because no Council action was
being taken.
Association of Bay Area Governments (ABAG): - File 111
b)
Councilmember Heller reported that she attended the ABAG Spring General Assembly at
which a lot of information was provided on casinos, which she would pass on to the City
Manager.
League of California Cities: - File 9-11-1
c)
Regarding the Legislative Action Days from the League of California Cities, Councilmember
Heller stated there was a background page on pension reform, which again, she would
make available to the City Manager.
Bike Path – Mission to Puerto Suello Hill: - File 261 x 9-3-40
d)
Regarding the bike path from Mission Avenue to Puerto Suello Hill, and noting much
discussion had taken place between the many agencies – Marin County, SMART
(Sonoma/Marin Area Rail Transit), Bicycle Coalition, Caltrans – Mayor Boro stated that at
the last meeting of the Transportation Authority of Marin, Supervisor Kinsey was quite
SRCC Minutes (Regular) 05/16/2005 Page
6
SRCC Minutes (Regular) 05/16/2005 Page 7
emphatic that this would be included. Having had discussions with a SMART director and
subsequently a TAM director, Mayor Boro indicated there appeared to be a lot of
misunderstanding as to the attempted goal; however, in speaking with Supervisor Kinsey
today he believed the issue was back on track. He noted there were issues regarding
funding which would have to be resolved; however, he had requested all parties to work
towards the goal of having the rail line relocated, and install a bicycle trail and a sound wall.
Indicating that the term “relocate the sound wall” was constantly being used, Mayor Boro
explained that Caltrans designed a sound wall approximately seven years ago that was not
applicable today, considering the proposed train and bike path. He noted the issue with the
train was that the community had already indicated they wished to erect only one sound
wall, doing it once and doing it correctly.
Mayor Boro stated it was important that San Rafael pursue this as it was an important bike
link and it made sense to do it all at once. Noting there would be some issues with the
community, he indicated that Supervisor Adams and he were committed to discussing,
especially with Patrick Murphy and his organization, the issue of the sound wall as
potentially, it could be somewhat higher than expected in certain locations, affecting some
adjacent properties. He indicated the option would be not to do it and not mitigate the noise
and he would keep Council posted.
There being no further business, Mayor Boro adjourned the meeting at 8:55 p.m. to a Closed Session
in the City Manager’s Conference Room.
____________________________
JEANNE M. LEONCINI, City Clerk
APPROVED THIS ______ DAY OF __________, 2005
___________________________________
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 05/16/2005 Page
7