HomeMy WebLinkAboutCC Minutes 2006-03-06SRCC Minutes (Regular) 03/06/2006 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 6, 2006 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, Interim City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 6:30 PM
Mayor Boro announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 - 6:30 PM
Present: Albert J. Boro, Mayor
Gary O. Phillips, Vice -Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Absent: None
1. a) Conference with Real Property Negotiator
Government Code Section 54956.8
Property Address: 140 Convent Court, San Rafael
APN: 015-250-53
Agency Negotiators: Ken Nordhoff and Scott Schneider
Negotiating Parties: City of San Rafael and Dr. Marleen Smith
Under Negotiations: Terms and conditions of possible property exchange, including price
and terms of payment.
b) Conference with Labor Negotiators — Government Code Section 54957.6
Negotiators: Ken Nordhoff, Nancy Mackle, Lydia Romero
Employee Organization(s): San Rafael Firefighters' Association
San Rafael Fire Chief Officers' Association
San Rafael Police Association
San Rafael Police Mid -Management Association
Confidential Unit
Western Council of Engineers
SEIU Miscellaneous & Supervisory
Assistant City Attorney Gus Guinan announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None
CONSENT CALENDAR:
8:12 PM
Councilmember Cohen moved and Councilmember Heller seconded, to approve the Consent Calendar, as
follows:
ITEM
2. Approval of Minutes of Regular Meeting of
Tuesday, February 21, 2006 (CC)
4. Resolution Authorizing Interim City Manager to
Execute Agreement Between the City of San
Rafael and Liebert, Cassidy and Whitmore, LLP,
for the Provision of Labor Negotiations
Consulting Services (CM) —
File 4-3-450 x 7-4 x 9-3-11
5. Resolution Establishing an Expense and
Reimbursement Policy (CM) — File 9-3-20 x 7-2
RECOMMENDED ACTION
Minutes approved as submitted.
RESOLUTION NO. 11913 —
RESOLUTION APPROVING AND
AUTHORIZING THE INTERIM CITY
MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY
OF SAN RAFAEL AND LIEBERT,
CASSIDY AND WHITMORE, LLP, FOR
LEGAL AND LABOR NEGOTIATIONS
CONSULTING SERVICES (Beginning
March 6, 2006 and terminating
December 31, 2006)
RESOLUTION NO. 11914 —
RESOLUTION ESTABLISHING AN
EXPENSE AND REIMBURSEMENT
POLICY
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SRCC Minutes (Regular) 03/06/2006 Page 2
6.
Resolution Authorizing Temporary Closure of
RESOLUTION NO. 11915 —
Mission Avenue Between C Street and E Street
RESOLUTION AUTHORIZING THE
for the Annual Falkirk Egg Hunt on Falkirk Lawn
TEMPORARY CLOSURE OF MISSION
on April 15, 2006 (CS) — File 11-19 x 9-3-84
AVENUE BETWEEN C STREET AND
E STREET FOR THE ANNUAL
FALKIRK CULTURAL CENTER EGG
HUNT (on Saturday, 4/15/06, from
1:00 p.m. — 5:00 p.m.)
7.
SECOND READING AND FINAL ADOPTION OF
Approved final adoption of
ORDINANCE NO. 1840 — "An Ordinance of the
Ordinance No. 1840.
San Rafael City Council Repealing Chapter 4.20
of the City of San Rafael Municipal Code which
Established the Fire Department as a Certified
Unified Program Agency (CUPA) Responsible for
Enforcement of all Applicable Provisions of State
Law Relating to the Use and Storage of
Hazardous Materials" (FD) —
File 9-3-31 x 1-6-4 x 4-13-98
8.
Resolution Authorizing the Interim City Manager
RESOLUTION NO. 11916 —
to Execute an Agreement with the County of
RESOLUTION AUTHORIZING THE
Marin to Transfer the City's Federally
INTERIM CITY MANAGER TO
Copyrighted CUPA Data Management Software,
EXECUTE AN AGREEMENT WITH
Related to the Enforcement of California
THE COUNTY OF MARIN TO
Hazardous Materials Laws (FD) —
TRANSFER THE CITY'S FEDERALLY
File 9-3-31 x 1-6-4 x 4-13-98
COPYRIGHTED CUPA DATA
MANAGEMENT SOFTWARE
RELATED TO THE ENFORCEMENT
OF CALIFORNIA HAZARDOUS
MATERIALS LAWS
9.
Resolution Authorizing the Interim City Manager
RESOLUTION 11917 — RESOLUTION
to Execute a First Amendment to the Agreement
AUTHORIZING THE INTERIM CITY
for Professional Services with Richard Schmidt
MANAGER TO EXECUTE A FIRST
for Administrative Investigation Services (PD) —
AMENDMENT TO THE AGREEMENT
File 4-3-451 x 4-17-5 x 9-3-30
FOR PROFESSIONAL SERVICES
WITH RICHARD SCHMIDT FOR
ADMINISTRATIVE INVESTIGATION
SERVICES (Through 6/30/07)
10.
Resolution Approving Use of State of California
RESOLUTION NO. 11918 —
Office of Traffic Grant Funds in the Amount of
RESOLUTION APPROVING USE OF
$24,916.00 for "Click it or Ticket" Seatbelt
STATE OF CALIFORNIA OFFICE OF
Compliance Enforcement Campaign, February
TRAFFIC GRANT FUNDS IN THE
through August, 2006 (PD) — File 9-3-30
AMOUNT OF $24,916 FOR "CLICK IT
OR TICKET" SEATBELT
COMPLIANCE ENFORCEMENT
CAMPAIGN FEBRUARY THROUGH
AUGUST, 2006
11.
Resolution Approving Summary Vacation of
RESOLUTION NO. 11919 —
Existing 5' wide Public Utilities Easement on the
RESOLUTION APPROVING
Easterly Line of Lot 1, as Shown in Book 5 of
SUMMARY VACATION OF AN
Survey Map at Page 48, Entitled "Record of
EXISTING 5' PUBLIC UTILITIES
Survey, Map of Portion of Reversion to Acreage
EASEMENT ON THE EASTERLY LINE
Map and Portion of Bellam Subdivision
OF LOT 1, AS SHOWN IN BOOK 5 OF
No. 1" (PW) — File 2-12
SURVEY AT PAGE 48, ENTITLED
"RECORD OF SURVEY, MAP OF
PORTION OF REVERSION TO
ACREAGE MAP AND PORTION OF
BELLAM SUBDIVISION, No. 1"
12.
Resolution Authorizing the Temporary Closure of
RESOLUTION NO. 11920 —
City Streets for the Weekly Downtown Farmers'
RESOLUTION AUTHORIZING THE
Market Festival on Thursday Evenings from April
TEMPORARY CLOSURE OF CITY
6 to September 28, 2006 (RA) —
STREETS FOR THE WEEKLY
File 11-19
DOWNTOWN FARMERS' MARKET
FESTIVAL ON THURSDAY EVENINGS
FROM APRIL 6 — SEPTEMER 28, 2006
SRCC Minutes (Regular) 03/06/2006 Page 2
13. Resolution Authorizing Temporary Street
Closures for 19th Annual May Madness Classic
Car Parade on May 20, 2006 (RA) — File 11-19
14. Resolution Authorizing Temporary Street
Closures for the Italian Street Painting Festival
2006 on June 10 and 11, 2006 (RA) — File 11-19
SRCC Minutes (Regular) 03/06/2006 Page 3
RESOLUTION NO. 11921 —
RESOLUTION AUTHORIZING THE
TEMPORARY CLOSURE OF CITY
STREETS FOR THE 19TH ANNUAL
GREG BORRELLI'S MAY MADNESS
CLASSIC CAR PARADE ON MAY 20,
2006
RESOLUTION NO. 11922 —
RESOLUTION AUTHORIZING THE
TEMPORARY CLOSURE OF CITY
STREETS FOR THE YOUTH IN ARTS
ITALIAN STREET PAINTING
FESTIVAL 2006 ON JUNE 10-11, 2006
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Heller and Miller (from items #2 and #7, due to
absence from meeting of February 21, 2006)
The following item was removed from the Consent Calendar for discussion, at the request of
Councilmember Cohen:
3. SUMMARY OF LEGISLATION AFFECTING SAN RAFAEL (CM) — FILE 116 x 9-1
Councilmember Cohen believed this item merited more than Consent Calendar consideration
and he wished to voice his personal strong support. He explained the item concerned
Proposition 42 which was passed by the voters some years ago to put the sales tax on gasoline
towards transportation. He noted gas tax now goes to transportation; however, voters voted to
put sales tax on gasoline towards transportation funding. Councilmember Cohen stated that the
legislators and the last two Administrations had found a way to take this money for General
Fund purposes, continuing the infrastructure decline. They had kept bad faith with the voters,
and although the Governor in his current budget proposed to fully fund Proposition 42 monies,
there was no guarantee it would continue without some protection to close the back door.
Together with voting for this, Councilmember Cohen indicated he would like to see the City do
something public in support of it, such as a Press Release or letter from Mayor Boro to the local
newspaper, etc., as he believed it deserved some attention.
Lydia Romero, Assistant to the City Manager, stated that the Marin Independent Journal could
be requested to run a Marin Voice piece from the City Council regarding Proposition 42. She
indicated there was a campaign underway to collect signatures which was seeking volunteers.
Councilmember Heller stated she was in possession of some of these petitions and explained
that the group putting it together would appreciate everyone signing up because signatures
were going for approximately $3.00 each, making it an in-kind contribution at this point.
Mayor Boro invited Lydia Romero to draft an opinion piece and Councilmember Heller to
provide petitions.
Councilmember Cohen moved and Councilmember Phillips seconded, to approve the staff
recommendation.
Approved staff recommendation:
Transportation Funding Act of 2006. Ballot Initiative — SUPPORT
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following item was removed from the Consent Calendar for discussion, at the request of Mayor Boro:
15. RESOLUTION AUTHORIZING TEMPORARY CLOSURE OF DOWNTOWN CITY STREETS
IN CONNECTION WITH THE CARRERA DE SAN RAFAEL ON SATURDAY, SEPTEMBER 9,
2006 FROM 7:30 A.M. TO 5:00 P.M. (RA) — FILE 11-19
Mayor Boro stated he removed this item from the Consent Calendar in order to obtain a brief
overview on the return of bicycle racing to downtown San Rafael.
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Economic Development Director Nancy Mackle stated Wil Matthews, who was accompanied
this evening by members of his powerful committee, Brian Auger, Haden Ongaro and Ron
Bolds, would make a presentation.
Wil Matthews, San Rafael, stated that since the last time he addressed the City Council he had
proudly become a San Rafael homeowner and business owner; therefore, he had a vested
interest in bringing a good event to San Rafael to help the community, be of interest to residents
and a benefit to merchants.
Explaining that just a few members of Grupo Carrera (a California not for profit corporation)
were in attendance this evening, Mr. Matthews stated that Eric Rosendahl, Greater Bay Bank,
and Scott Phillips, Phillips Law Firm, were also on the committee. He indicated that the
resources these people brought to bear were exactly what he could not provide in the past, and
they now were looking forward to a much brighter future for the bike race, with more ability to
help merchants leverage off of the event and drive store traffic. Mr. Matthews believed that if
5,000 or more people could be enticed to downtown San Rafael, it should be "fish in a barrel"
for the merchants, especially since they would be on the sidewalks and not in the street.
Mayor Boro stated that when he read about the event he was pleased that a bike race was
returning. Comparing this to the recent successful bike race to Southern California, he stated it
would be different and thrilling seeing the cyclists circling around repeatedly, which was quite a
spectacle and a great family event. He was glad that bicycle racing had returned to San
Rafael, with sponsors, and he looked forward to it.
Mr. Matthews stated they still needed sponsors and agreed it was a great spectator event.
Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution.
RESOLUTION NO. 11923— RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE
OF CITY STREETS FOR THE CARRERA DE SAN RAFAEL
ON SATURDAY, SEPTEMBER 9, 2006 FROM 7:30 A.M. —
5:00 P.M.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCIL CONSIDERATION:
NEW BUSINESS:
16. RECOMMENDATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROPOSALS FUNDING YEAR 2006-2007 (RA) — FILE 147
Economic Development Coordinator Katie Korzun stated this was the seventh year the City has
done Community Development Block Grant (CDBG) proposals and this year there was less
money than ever before — 10% down from last year and 16% from the previous year — which
was actually good news in comparison to what may be ahead. Noting discussion at the federal
level that there could be a 27% cut again next year, she explained that the County, and
particularly Roy Bateman, were looking at the overall County program to ascertain what would
happen should there be a reduction of that magnitude and plan accordingly. Ms. Korzun stated
that City staff would participate in those discussions.
Ms. Korzun reported that an allocation of $53,000, after administrative and other costs, was
received this year. Indicating that she and Mr. Bateman took a look at projects in a slightly
different way this year, she explained that previously they tried to fund an entire project;
however, there were insufficient funds this year to do that. Projects were coming in bigger and
bigger - one time fixes - and as prices rose and funds decreased, there was some trouble
covering them. Ms. Korzun stated they, therefore, put together a variety of funding sources —
Redevelopment Agency, County Rehabilitation Loan Program and CDBG — to generate funds to
cover entire projects, albeit, none exclusively CDBG.
Ms. Korzun listed the projects they proposed to fund this year:
Countywide Housing Programs: Fair Housing Program and Residential Rehabilitation Loan
Program. Noting the Rehabilitation Loan Program was one of the major leveraging sources,
Ms. Korzun explained that the City provides administration money to them and in return they
provide loan money to the City. The City receives more back in loan money than it gives in
administration costs which turned out to be a good trade as far as the City was concerned.
Local Housing Projects: Buckelew D Street House, Lifehouse Laurel Place, Mill Street Shelter
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She explained that Mill Street Shelter had been trying to replace the roof for a number of years
and while they would get a roof, it would be paid for by the state; therefore, this application was
for a heating and ventilation system.
Explaining that there was a little money left over for Big Brothers Big Sisters rehabilitation, Ms.
Korzun stated that Big Brothers Big Sisters was looking for funds from all the allocation areas in
the County; however, as there were insufficient funds to go around, the City was able to fund
them in the amount of $19,000, which at least would provide a new roof.
Ms. Korzun noted the other large allocation was the City's projects for ADA (Americans with
Disabilities), $300,000, and indicating that they hoped to continue this in the future, she stated
this would be their first draw on any future funds.
Complimenting Katie Korzun and Roy Bateman, Councilmember Miller stated they had taken
whatever money was available and directed it to the best benefit of the public. He believed that
working in cooperation with each other and with each applicant, paid off, which was exemplary
of how local government should work, with employees going far beyond the standard.
Councilmember Miller stated this took a lot of work and thought and the package was excellent.
Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution.
RESOLUTION NO. 11924 — RESOLUTION RECOMMENDING COMMUNITY
DEVELOPMENT BLOCK GRANT PROJECT FUNDING FOR
THE YEAR 2006-07 TO THE MARIN COUNTY BOARD OF
SUPERVISORS
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCILMEMBER REPORTS:
17. Governor's Infrastructure Plan and Bond Proposals: - File 9-1
Councilmember Cohen reported that he had attended a briefing given by the Office of the
Governor in San Francisco on Friday last concerning the Governor's Infrastructure Plan and
Bond Proposals. Although the plan was ambitious, he expressed dissatisfaction with the level
of detail presented in the discussion. Councilmember Cohen noted the deadline set by the
Secretary of State for obtaining a deal to place something on the ballot for June was Friday,
March 10, 2006. Having spoken with Senator Perata over the weekend concerning this issue,
Councilmember Cohen reported that Senator Perata was working hard to get something done
in the range of $30 billion; however, it was not as clear on the Assembly side in terms of the
priorities.
In terms of what was being proposed in the Legislature, Councilmember Cohen reported that
something on the order of $13 billion, as proposed by Senator Perata, would include some
money for levees and primarily, transportation; another $3 billion for transit improvements;
approximately $2 billion for hospital seismic retrofits for community hospitals; and $9 billion -
$10 billion school construction bond, with the remainder for either some water and parkland
dedication or based on the Governor's comments, the levee repair portion could be bumped
from $3 billion to $6 billion. He confirmed for Councilmember Heller that something
approaching $1 billion was included for transit oriented development, i.e., housing close to
transit.
Councilmember Cohen favored this being placed on the June ballot, as in November, it could
get caught up in the politics of the Governor's race.
Dil Kazzaz — Redwood Village Grading: - File 100 x 5-1-347
Interim City Manager Ken Nordhoff reported that Mr. Kazzaz received an offer on Friday last
from Signature Properties for his consideration. He expressed the hope that Mr. Kazzaz would
take advantage of this very generous solution.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:34 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12006
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 03/06/2006 Page 5