HomeMy WebLinkAboutCC Minutes 2006-06-19SRCC Minutes (Regular) 06/19/2006 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 19, 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 — 7:00 PM
Mayor Boro announced Closed Session items.
Present: Albert J. Boro, Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Absent: Gary O. Phillips, Vice -Mayor
CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM — File 1-4-1a
1. a) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: Robert C. Wendt v. City of San Rafael
WCAB No.: SFO 465939 and SFO 465940
b) Conference with Labor Negotiators — Government Code Section 54957.6
Negotiators: Ken Nordhoff, Nancy Mackle, Lydia Romero, Donna Williamson,
Richard Whitmore
Employee Organization (s): San Rafael Firefighters' Association
San Rafael Fire Chief Officers' Association
San Rafael Police Association
San Rafael Police Mid -Management Association
Association of Confidential Employees
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:
8:27 PM
a) West End Village Project/Global Warming: - File 9-1 x 4-3-452 x 13-1
Sue Spofford, Sustainable San Rafael, voicing concern about the West End Street Improvement Project,
stated they believed that the removal of close to 100 healthy shade trees was not a sustainable thing to
do. She indicated that these large deciduous shade trees served to reduce the need for air conditioning
during the heat of summer and in winter, added the sun's warmth and light. As a result they significantly
reduced the burning of fossil fuels and the release of greenhouse gasses. Ms. Spofford applauded the
adoption two weeks ago of the Mayors' Climate Protection Agreement which pledged to "maintain
healthy urban forests, to increase shading and to absorb COZ." She noted that the trees along Fourth
Street were part of the City's healthy urban forest. The Liquidambars were 20 years old and if cut, those
twenty years of height, establishing roots and building canopy would be lost. She requested that during
the design phase of this project the City ensure that all sustainable alternatives are carefully considered.
She noted that sidewalks could be designed and fixed; however, it took decades to create a canopy.
Daniel Sonnet stated that having conducted a survey of trees in the West End Village, his group
concluded that the current sidewalks were not as bad as represented and in fact, the majority evaluated
was not in need of repair. Therefore, rather than clear -cutting up to 100 mature trees, they requested
that the City Council direct the Department of Public Works to honestly explore creative solutions that
preserve the trees. He recalled that when the downtown was improved along Fourth Street it appeared
that many Liquidambar trees behind the wall benches were preserved. Also, they had uncovered a
possible solution being used in a number of California cities, namely, rubber sidewalks, that had benefits
too numerous to discuss in a one minute format. Having talked with arborists from other California cities
to obtain their perspective, Mr. Sonnet stated he would be happy to share their ideas and other creative
solutions with staff. They were aware that portions of the sidewalks were cracked and while all the trees
could be removed and replanted, in twenty years from now, part of the replacement sidewalks would
also have cracked; therefore, he requested that a better solution be explored.
Sandra Sellinger, Marin Releaf, stated that to better understand the problems facing the City and
leading to the renovation of Fourth Street, they had been conducting a survey. As of today, 46% had
responded and the preponderance of sentiments could be stated in the following quote: "Figure out how
to keep our existing trees and install new sidewalks — at least explain why it is not feasible."
SRCC Minutes (Regular) 06/19/2006 Page 1
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On a scale of 1 — 5 (5 being the most important) Ms. Sellinger reported the following:
Parking
4.8
Tree Maintenance
4.4
Street Cleaning
4.4
Drainage
4.2
Tree Lights
3.4
Bike Bins
2.9
Benches
2.7
Dining Tables and Chairs
2.3
Noting other communities took the effort to preserve Liquidambars, Ms. Sellinger questioned why San
Rafael could not. She requested that the City examine its commitments to the health of the community
through trees and explained that trees helped resolve global warming, the heat-island build-up and
clean air and water. Quoting Malcolm X, she stated: "If you are not part of the solution, you are part of
the problem" and she distributed a handout.
b) Living Independently — Assistive Technology Fair: - File 13-1-1 x 13-1
Rocky Birdsey, Marin Center for Independent Living (MCIL), reported that the MCIL would hold a free
Assistive Technology Fair on Wednesday, June 21, 2006 from 2:00 p.m. — 5:00 p.m. at San Rafael
Community Center, covering subjects such as Transportation, Housing, Youth Employment, etc. Over
40 vendors would be in attendance featuring new innovative assistive technologies, and he invited all to
attend.
c) Marinwood Fire Services Contract: - File 9-1 x 4-10-130
Rocky Birdsey expressed thanks to the City Council and staff for working diligently to reach the
agreement which was on tonight's Consent Calendar for adoption.
d) Undeclared Wars: - File 9-1
To assist Sebastopol and 83 congressional patriots end undeclared wars, Rachel Bell and John Jenkel
invited San Rafael to agendize consideration of a petition to Congress to repeal public law 107243.
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Heller seconded, to approve the Consent Calendar, as
follows:
ITEM
RECOMMENDED ACTION
2. Approval of Minutes of Regular Meeting of
Minutes approved as submitted.
Monday, June 5, 2006 (CC)
3. Resolution Noticing Review of the City's Conflict
RESOLUTION NO. 11968 —
of Interest Code, Directing the City Clerk to
RESOLUTION NOTICING REVIEW OF
Advise City Departments to Review the List of
THE CITY'S CONFLICT OF INTEREST
Designated Positions and Disclosure Categories
CODE, DIRECTING THE CITY CLERK
and Directing the City Attorney to Prepare any
TO ADVISE CITY DEPARTMENTS TO
Necessary Revisions to Said Code (CA) —
REVIEW THE LIST OF DESIGNATED
File 9-4-3
POSITIONS AND DISCLOSURE
CATEGORIES AND DIRECTING THE
CITY ATTORNEY TO PREPARE ANY
NECESSARY REVISIONS TO SAID
CODE
4. Reappointment of Anne Laird -Blanton to Fill One,
Approved staff recommendation:
4 -Year Term on the Design Review Board (Term
Anne Laird -Blanton reappointed to
to Expire End of June, 2010) (CC) — File 9-2-39
fill one, four-year term on the Design
Review Board, with term to expire
end of June, 2010
5. Resolution Authorizing the City Manager to Enter
RESOLUTION NO. 11969 -
Into a Professional Services Agreement with
RESOLUTION AUTHORIZING AN
SoftFile to Digitize Building Permit Records (CD)
AGREEMENT WITH SOFTFILE TO
— File 4-3-455 x 9-3-85
DIGITIZE BUILDING PERMIT
RECORDS. (Term: One (1) year
commencing on July 1, 2006 and
ending on July 1, 2007. Upon mutual
agreement of both parties, and subject
to approval of City Manager, may be
extended one (1) additional year)
SRCC Minutes (Regular) 06/19/2006 Page 2
SRCC Minutes (Regular) 06/19/2006 Page 3
6.
Resolution Authorizing Amendment to
RESOLUTION NO. 11970—
Agreement for Professional Services with RBF
RESOLUTION AUTHORIZING THE
Consulting to Prepare an Environmental Impact
INTERIM CITY MANAGER TO
Report for the Village at Loch Lomond Marina
EXECUTE AMENDMENT NO. 3 TO AN
Project ZC04-02 (CD) — File 4-3-429 x 10-2
AGREEMENT FOR PROFESSIONAL
SERVICES WITH RBF CONSULTING
FOR ASSISTANCE NEEDED TO
PREPARE AN ENVIRONMENTAL
IMPACT REPORT FOR THE VILLAGE
AT LOCH LOMOND MARINA
PROJECT (Term of Agreement: from
March 1, 2004 to May 1, 2007, for an
amount not to exceed $548,082.00)
7.
Resolution Authorizing the Interim City Manager
RESOLUTION NO. 11971 —
to Execute a Budget Amendment to the
RESOLUTION AUTHORIZING THE
Agreement for Professional Planning Services
INTERIM CITY MANAGER TO
with Paul Jensen for Assistance as Project
EXECUTE A SECOND AMENDMENT
Planner for "The Village at Loch Lomond Marina"
TO THE AGREEMENT FOR
Project, Increasing the Budget by $53,257.50 to
PROFESSIONAL PLANNING
a Total of $134,007.50 (CD) —
SERVICES WITH PAUL A. JENSEN
File 4-3-370 x 9-3-85 x 10-2
FOR SERVICES AS PROJECT
PLANNER FOR "THE VILLAGE AT
LOCH LOMOND MARINA" PROJECT,
INCREASING THE BUDGET FOR
SERVICES (Original Agreement
Term: March 22, 2005 through March
21, 2007, with an amended budget
not to exceed $134,007.50)
8.
Resolution Authorizing the City Manager to
RESOLUTION NO. 11972 —
Execute an Amendment to the Agreement for
RESOLUTION APPROVING AND
Professional Services with CRW Associates for
AUTHORIZING THE INTERIM CITY
Augmentation of Permit Tracking Software to
MANAGER TO EXECUTE AN
Include an Internet -Access Component and an
AMENDMENT TO AN AGREEMENT
Interface to a Voice Recognition Phone System
BETWEEN THE CITY OF SAN
(CD) — File 4-2-298 x 9-3-85
RAFAEL AND CHRISTOPHER R.
WUERZ, DBA CRW ASSOCIATES,
FOR PROVISION OF ADDITIONAL
SOFTWARE COMPONENTS AND
MAINTENANCE SERVICES
9.
Summary of Legislation Affecting San Rafael
Accepted report.
(CM) — File 116 x 9-1
10.
Resolution Approving Fire Protection Services
RESOLUTION NO. 11973 —
Agreement with Marinwood Community Services
RESOLUTION ADOPTING AN
District (CM) — File 4-10-130 x 9-3-31
AGREEMENT BETWEEN THE CITY
OF SAN RAFAEL AND MARINWOOD
COMMUNITY SERVICES DISTRICT
FOR FIRE PROTECTION AND
EMERGENCY RESPONSE SERVICES
(Term of Agreement: Commencing
July 1, 2006 and terminating on June
30, 2009)
11.
Resolution Approving a Contract (CPKR-5331)
RESOLUTION NO. 11974 —
with the Department of Education to provide
RESOLUTION AUTHORIZING
Quality Improvements in the Pre -Kindergarten
ENTERING INTO A CONTRACT
Childcare Program in the Amount of $2,425 and
(CPKR-5331) WITH THE
Authorizing the Interim City Manager to Sign
DEPARTMENT OF EDUCATION FOR
Contract Documents (CS) —
THE PRE -KINDERGARTEN CHILD
File 4-10-238 x 9-3-65
CARE RESOURCE PROGRAM AND
AUTHORIZING THE INTERIM CITY
MANAGER TO SIGN CONTRACT
DOCUMENTS IN THE AMOUNT OF
$2,425.00
SRCC Minutes (Regular) 06/19/2006 Page 3
SRCC Minutes (Regular) 06/19/2006 Page 4
12. Fire Station #7 Lease and Related Fire
a) RESOLUTION NO. 11975 -
Protection Services Agreement for CSA #19 and
RESOLUTION AUTHORIZING
Adjoining Areas: (FD) - File 4-13-37 x 9-3-31
THE MAYOR TO EXECUTE
LEASE AGREEMENT FOR THE
a) Resolution Authorizing the Mayor to Execute
COUNTY OF MARIN PROPERTY
Lease Agreement for the County of Marin
CONTAINING FIRE STATION #7
Property Containing Fire Station #7, with the
WITH THE COUNTY OF MARIN
County of Marin.
(Term of Agreement shall
commence on July 1, 2006 and
b) Resolution Authorizing the Mayor to Execute
continue through June 30, 2016)
Fire Protection Services Agreement for CSA
#19 and Adjoining Areas, with the County of
b) RESOLUTION NO. 11976 -
Marin and County Service Area 19 of the
RESOLUTION AUTHORIZING
County of Marin.
THE MAYOR TO EXECUTE FIRE
PROTECTION SERVICES
AGREEMENT FOR CSA #19 AND
ADJOINING AREAS WITH THE
COUNTY OF MARIN SERVICE
AREA 19 OF THE COUNTY OF
MARIN (Term of Agreement shall
commence on July 1, 2006 and
continue through June 30, 2016)
13. Resolution of the San Rafael City Council
RESOLUTION NO. 11977 -
Thanking Kaiser Hospital for their Generosity in
RESOLUTION OF APPRECIATION
Granting $137,500 to Purchase Four 12 -Lead
TO KAISER HOSPITAL THANKING
Heart Monitors and for their Superb Leadership
THEM FOR THEIR GENEROSITY IN
and Training to the City of San Rafael Fire
GRANTING $137,500 TO PURCHASE
Department (FD) - File 102 x 9-3-31
FOUR 12 -LEAD HEART MONITORS
AND THEIR SUPERB LEADERSHIP
AND TRAINING TO THE CITY OF
SAN RAFAEL FIRE DEPARTMENT
14. Resolution of Appreciation to Barbara Barwood
RESOLUTION NO. 11978 -
for her 21 years of Service to the Marin Literacy
RESOLUTION OF APPRECIATION
Program (Lib) - File 102 x 9-3-61
FOR BARBARA BARWOOD FOR
HER 21 YEARS OF SERVICE TO THE
MARIN LITERACY PROGRAM
15. Monthly Investment Report for Month Ending
Accepted Monthly Investment
May, 2006 (MS) - File 8-18 x 8-9
Report for month ending May, 2006,
as presented.
16. Adoption of Resolutions: (MS) — File 8-5 x 8-9 x
a) RESOLUTION NO. 11979 —
9-3-20
RESOLUTION APPROPRIATING
a) Appropriating Unappropriated Revenues for
UNAPPROPRIATED REVENUES
Fiscal Year 2005/06;
FOR FISCAL YEAR 2005-2006
b) Approving Fiscal Year 2006-07 GANN
Appropriation Limit
b) RESOLUTION NO. 11980 —
RESOLUTION APPROVING
FISCAL YEAR 2006/2007 GANN
APPROPRIATIONS LIMIT at
$54,857,017
17. Resolution Setting the Special Assessment Tax
RESOLUTION NO. 11981 —
Rates for the Loch Lomond District for Fiscal
RESOLUTION SETTING THE
Year 2006-07 on All Taxable Property within the
SPECIAL ASSESSMENT DISTRICT
Community Facilities District No. 1992-1 (MS) —
TAX FOR LOCH LOMOND #10 FOR
File 6-50 x 9-12-1
FISCAL YEAR 2006-2007
18. Resolution Authorizing Renewal of License
RESOLUTION NO. 11982 -
Agreement with PG&E for Use of Property at 999
RESOLUTION AUTHORIZING THE
Third Street (MS) - File 4-10-335 x 9-7-3
NEGOTIATION AND EXECUTION OF A
THIRD AMENDMENT TO LICENSE
AGREEMENT BETWEEN THE CITY OF
SAN RAFAEL AND PACIFIC GAS AND
ELECTRIC COMPANY FOR USE OF THE
PARKING AREA LOCATED AT 999
THIRD STREET AND IN AN AMOUNT
NOT TO EXCEED $35,000 (for an
additional 12 -month period)
SRCC Minutes (Regular) 06/19/2006 Page 4
SRCC Minutes (Regular) 06/19/2006 Page 5
20. Baypoint Lagoons Landscaping and Lighting
a) RESOLUTION NO. 11983 —
District: (PW) — File 6-48
RESOLUTION DIRECTING FILING
a) Resolution Directing Filing of Engineer's
OF ENGINEER'S ANNUAL
Annual Report
REPORT — BAYPOINT LAGOONS
b) Engineer's Annual Report 2006-2007:
LANDSCAPING AND LIGHTING
This to be Filed
DISTRICT
c) Resolution Approving Engineer's Annual
(Pursuant to the Landscaping and
Report
Lighting Act of 1972)
d) Resolution of Intention to Order
Improvements (and Setting Public Hearing for
b) ENGINEER'S ANNUAL REPORT
Meeting of August 7, 2006)
2006-2007 FILED
c) RESOLUTION NO. 11984 —
RESOLUTION APPROVING
ENGINEER'S ANNUAL REPORT —
BAYPOINT LAGOONS
LANDSCAPING AND LIGHTING
DISTRICT
(Pursuant to the Landscaping and
Lighting Act of 1972)
d) RESOLUTION NO. 11985 —
RESOLUTION OF INTENTION TO
ORDER IMPROVEMENTS —
BAYPOINT LAGOONS
LANDSCAPING AND LIGHTING
DISTRICT (AND SETTING PUBLIC
HEARING FOR MEETING OF
AUGUST 7, 2006) (Pursuant to the
Landscaping and Lighting Act of
1972)
21. Resolution Authorizing Temporary Closure of
RESOLUTION NO. 11986 —
Alto Street from Larkspur Street to Belvedere
RESOLUTION AUTHORIZING THE
Street to Allow for the International Festival on
TEMPORARY CLOSURE OF ALTO
July 30, 2006 from 7:00 a.m. to 6:00 p.m. (RA) —
STREET FROM LARKSPUR STREET
File 11-19
TO BELVEDERE STREET FROM 7:00
A.M. TO 7:00 P.M. FOR THE
INTERNATIONAL FESTIVAL ON
JULY 30, 2006
22. Resolution Authorizing Temporary Closure of
RESOLUTION NO. 11987 —
Fourth Street from Lootens Place to A Street for
RESOLUTION AUTHORIZING THE
the Great American Blues & Barbeque Festival
TEMPORARY CLOSURE OF
Event on Saturday, August 19, 2006 from 7:00
FOURTH STREET FROM LOOTENS
a.m. until 9:00 p.m. (RA) — File 11-19
PLACE TO A STREET FOR 1sT
ANNUAL GREAT AMERICAN BLUES
& BBQ ON SATURDAY, AUGUST 19,
2006 FROM 7:00 A.M. TO 9:00 P.M.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
ABSTAINING: COUNCILMEMBERS: Heller (from item #2 only due to absence from
meeting)
Noting Mr. Birdsey commented on the fine job done by San Rafael's negotiating team with
Marinwood, Mayor Boro personally thanked Councilmembers Cohen and Phillips, Interim City
Manager Ken Nordhoff and Fire Chief John Montenero for getting this accomplished on behalf
of the City. Councilmember Cohen expressed thanks to Mayor Boro for the support.
The following item was removed from the Consent Calendar for discussion, at the request of Mayor Boro:
19. RESOLUTION AUTHORIZING USE OF FUNDING IN AN AMOUNT NOT TO EXCEED
$175,000 FROM THE CALIFORNIA STATE 9-1-1 EMERGENCY COMMUNICATIONS
OFFICE AND AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH AT&T TO
UPGRADE POLICE DEPARTMENT CUSTOMER PREMISE EQUIPMENT IN FISCAL YEAR
2006-2007 (PD) — FILE 9-3-30
As there could be a conflict of interest, Assistant City Attorney Gus Guinan suggested that
Mayor Boro recuse himself from this matter and if so, he had alternative wording for the
SRCC Minutes (Regular) 06/19/2006 Page 5
SRCC Minutes (Regular) 06/19/2006 Page 6
Resolution.
As he owns stock in AT&T, Mayor Boro recused himself from this item, due to potential conflict
of interest.
Mr. Guinan stated the Resolution should now read:
"NOW, THEREFORE BE IT RESOLVED, that the City Council hereby approves the use of
funding in an amount not to exceed $175,000 from the California State 9-1-1 Emergency
Communications Office and authorizes the Interim Chief of Police of the City of San Rafael to
execute a contract with AT&T to upgrade Police Department customer premise equipment in
Fiscal Year 2006-2007, in a form to be approved by the City Attorney."
Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution as
amended.
RESOLUTION NO. 11988 — RESOLUTION APPROVING THE USE OF FUNDING IN AN
AMOUNT NOT EXCEED $175,000 FROM THE CALIFORNIA
STATE 9-1-1 EMERGENCY COMMUNICATIONS OFFICE
AND AUTHORIZING THE INTERIM CHIEF OF POLICE OF
THE CITY OF SAN RAFAEL TO EXECUTE A CONTRACT
WITH AT&T TO UPGRADE POLICE DEPARTMENT
CUSTOMER PREMISE EQUIPMENT IN FISCAL YEAR 2006-
2007 (as amended to read):
"NOW, THEREFORE BE IT RESOLVED, that the City
Council hereby approves the use of funding in an amount
not to exceed $175,000 from the California State 9-1-1
Emergency Communications Office and authorizes the
Interim Chief of Police of the City of San Rafael to execute a
contract with AT&T to upgrade Police Department customer
premise equipment in Fiscal Year 2006-2007, in a form to be
approved by the City Attorney."
AYES: COUNCILMEMBERS: Cohen, Heller and Miller
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
DISQUALIFIED: COUNCILMEMBERS: Mayor Boro (due to potential conflict of interest)
SPECIAL PRESENTATIONS:
23. PRESENTATION OF RESOLUTION OF APPRECIATION THANKING KAISER HOSPITAL
FOR THEIR GENEROSITY IN GRANTING $137,500 TO PURCHASE FOUR 12 -LEAD HEART
MONITORS AND FOR THEIR SUPERB LEADERSHIP AND TRAINING TO THE CITY OF
SAN RAFAEL FIRE DEPARTMENT (FD) — FILE 102 x 9-3-31
Fire Chief John Montenero reported that in January 2006, the City of San Rafael thanked Kaiser
Hospital for a grant of approximately $137,000. Explaining the reason for the grant, he stated
that Dr. Vicki Martinez, Fire Department Medical Director, saw a need to improve the Fire
Department's heart monitors in order to save lives of patients out in the field, and more
specifically, to improve the chances of a patient going into the hospital having a procedure
known as angioplasty and avoiding open heart surgery. Fire Chief Montenero stated that since
then, Dr. Martinez also worked with Liz Froneberger, Kaiser Senior Nurse Trainer, who spent
over 40 hours training firefighters on how to read heart monitors in order to assist the hospital
when angioplasty was necessary. For that reason he and staff could not thank Dr. Martinez,
Nurse Froneberger and Pat Kendall, Medical Group Administrator, who authorizes all of this,
enough for their strong support and assistance and for the grant which had been used to
purchase all of the monitors, which would be in operation by the end of the week. With a great
deal of pride, Fire Chief Montenero presented the Kaiser representatives to the Mayor and City
Council.
Pat Kendall, Medical Group Administrator, introduced Dr. Vicki Martinez and Nurse Liz
Froneberger.
On behalf of the City Council and citizens of San Rafael, Mayor Boro expressed thanks for what
Kaiser had done for the City. He noted the Resolution addressed most of the sentiments
expressed by Fire Chief Montenero; however, he believed of utmost importance was that it
stated the Fire Department and Kaiser had had a long-standing and positive working
relationship. Indicating the City was very grateful for that, Mayor Boro stated Kaiser had made
a great contribution to the community, not only with the Paramedic program but in general. The
City was very proud of the work the paramedics do, some of whom were present this evening,
and he understood Fire Chief Montenero wished to demonstrate one of the units.
SRCC Minutes (Regular) 06/19/2006 Page 6
SRCC Minutes (Regular) 06/19/2006 Page 7
Fire Chief Montenero invited firefighter/paramedics Jason Hatfield and Matt Windrem to join the
City Council at the podium with the unit, and with assistance from Dr. Martinez explain how it
works.
Indicating that all of the paramedic units would be outfitted with a machine, Dr. Martinez
explained that it enables paramedics to identify patients having heart attacks in the field. Being
able to identify such patients, it is possible to call ahead to the two hospitals in Marin who have
on -staff cardiologists able to open the arteries. To the community, this means patients would
have much better outcomes because their heart muscles would be saved and they would
continue to live productive lives without being "cardiac cripples." Dr. Martinez stated that all of
the paramedics were trained and ready to go on line. The firefighter EMTs (Emergency Medical
Technicians) and Paramedics all were trained to acquire these 12 -lead EKGs and the
Paramedics were trained to read them and identify heart attacks. Indicating it was exciting,
cutting-edge stuff, Dr. Martinez stated she was really happy to be working with the paramedics.
Mayor Boro presented the Resolution of Appreciation to Pat Kendall, representing Kaiser,
together with bouquets of flowers to all three Kaiser representatives.
24. PRESENTATION OF RESOLUTION OF APPRECIATION TO BARBARA BARWOOD FOR
HER 21 YEARS OF SERVICE TO THE MARIN LITERACY PROGRAM (LIB) —
FILE 102 x 9-3-61
Mayor Boro reported that Barbara Barwood was being recognized for much service with the
Marin Literacy Program. The resolution indicated that since 1985, she had been a dynamic and
passionate advocate for the cause of adult literacy in Marin County, and her initial commitment
as a volunteer tutor led her to even more responsible positions within the Marin Literacy
Program. In 1988, she became the Literacy Coordinator for the San Rafael office and in 1990
brought a Families for Literacy grant to the Marin Literacy Program. Mayor Boro stated that
most importantly, the resolution indicated that Barbara had nurtured the program over the next
fourteen years, adding essential components in order to make the Marin Literacy Program a
well-rounded and multi -faceted, comprehensive effort to address the cause of literacy. She
leaves a Marin Literary Program that, while indebted to her for its youth, adolescence and
growth to maturity, is at the same time prepared to continue as a strong and healthy program.
On behalf of all, Mayor Boro thanked Barbara Barwood for her great work, personal dedication
and for bringing to life a program well known and appreciated.
Barbara Barwood stated that the Marin Literacy Program had been around since 1985, starting
with 51 students and increasing to over 900 currently. Indicating that she had a wonderful staff
and two very supportive library directors (Marin County and San Rafael libraries), Ms. Barwood
stated she was greatly appreciative of their support and that of the City Council.
COUNCIL CONSIDERATION:
OLD BUSINESS:
25. Consideration of Resolutions re Budget Issues: (MS) — File 8-5 x 9-2-58 x 9-1
a) RESOLUTION ADOPTING REPORT FROM MEASURE `S' COMMITTEE
b) RESOLUTION ADOPTING AMENDMENTS TO THE CITY BUDGET FOR FISCAL YEAR
2005-06
c) RESOLUTION ADOPTING THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR
2006-07
d) RESOLUTION ESTABLISHING CITY COUNCIL FIVE-YEAR GOALS FOR FISCAL
YEARS 2006-11
Indicating that Finance Manager Cindy Mosser would present most of the report, Interim City
Manager Ken Nordhoff stated that the two items not directly financially related were:
a) Memorializing the first Measure `S' report from the Committee established in April, 2006.
He noted the Citizens Advisory Committee on Measure `S' made a presentation two
weeks ago.
d) Establishing City Council Goals for the five-year period 2006-11. A report card was
provided two weeks ago on what had been achieved in the previous five-year goals;
Council suggested some refinements to the goals for Fiscal Years 2006-11 and these
were included.
Cindy Mosser, Finance Manager, stated that Management Services presented budget
information in the May and June 2006 budget hearings. Departments presented organizational
and service restoration requests and with direction from the City Council, these have been
SRCC Minutes (Regular) 06/19/2006 Page 7
SRCC Minutes (Regular) 06/19/2006 Page 8
incorporated in the Fiscal Year 2006-2007 budget.
Ms. Mosser explained that some of the highlights for the total revenue budget of $71.6 million
included:
• Transactions and Use Tax - $4.2 million — took effect on April 1, 2006; however,
revenues would not be received until September 2006.
• Court fine reductions due to State Court audit.
• Adjusted fees for the Master Fee Schedule adopted in December 2005.
Highlights for the total budget expenditure of $74.3 million included:
• Organizational and Service Restoration expenditures — Personnel costs for Grounds
Supervisor, Street Maintenance Supervisor and Police Officer were included for half a
year. Other personnel costs — Building Technician .75 FTE and Senior Associate
Engineer — were included for the full year as their costs are recovered by fees. Fire
Department's reorganization was also included.
• Fleet equipment replacement schedule (Exhibit 1) totaling $1.5 million for Fiscal Year
2006-2007.
• Capital projects for all funds amount to $2.6 million (Exhibit K). Funding sources vary
from Gas Tax, Impact Fees, General Fund Taxes, Storm Water Fees, Grants, etc.
• Contract changes and recent agreements such as the Marinwood contract for $225,000.
• Supplies and Services adjusted by 1.4% from Fiscal Year 2005-2006.
Ms. Mosser reported that for Fiscal Year 2006-2007, the General Fund reserve would be
approximately 5% of the 10% financial goal, or $2.4 million.
Indicating that the report was put together with the assistance of Van Bach, Accounting
Supervisor, Carl Tregner, Accountant and Sherry Mason, Accountant, Ms. Mosser thanked
them for their help.
Under Authorized Positions, Councilmember Heller noted the restoration of three positions, and
specifically a Police Officer position, starting in January 2007, and she inquired whether these
were locked into January or whether they could be brought on sooner.
Responding, Mr. Nordhoff explained that at the meeting of two weeks ago (Councilmember
Heller was not in attendance) the discussion centered around a cautious approach to some
service restoration ideas. While they could start ahead of these dates, the direction from the
City Council was that staff be a little cautious; therefore, should it be determined in the first part
of fiscal year 2006-2007 that something different needed to be done, the flexibility to adjust was
available before officially making these appointments.
Expanding on this issue, Councilmember Cohen stated that he was particularly looking at the
issue of the Measure `S' revenue not flowing until September, and he believed Council should
not be authorizing positions prior to any of those dollars being received by the City.
Functionally, in terms of staffing in the Police Department, he noted that this position would not
be filled before January anyway because there already were some unfilled positions being
worked on.
Councilmember Heller indicated her thought was that to begin working on this position now, it
could possibly be filled by January rather than stretching it out a further six months or so.
Councilmember Cohen stated it was his guess that unfortunately, in January 2007 several
unfilled positions would remain. He confirmed that this specific point was discussed with the
Chief of Police who believed it would not cause any undue delay.
Referring to page 2 of the staff report, Councilmember Cohen clarified that the tax took effect on
April 1, 2006 and not April 1, 2005.
Gary Ford, Marin United Taxpayers Association, stated his organization was confused that the
budget process was moving so quickly. He indicated that it was their understanding through
representations made by the San Rafael City Council to the Marin Grand Jury that there would
be some discussion concerning GASB 45, the computation of the future retiree medical
benefits. He noted in written correspondence to the Superior Court that this topic would be
discussed in public meetings prior to the adoption of the 2006-2007 budget; therefore, they
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believed that tonight there would be further, or any, discussion on this issue
Upon reading the audited financial statements, Mr. Ford stated they were looking at the budget
and putting it into the context of the Sarbanes-Oxley Act which would put in the reference -
"Would a San Rafael voter reading the audited financial statements for the City of San Rafael
for the twelve months ending June 30, 2005 arrive at an adverse assessment of the financial
solvency of the City because not less than $59 million of unfunded accrued actuarial liability has
not been recorded on the balance sheet?" Referring to page 80 of the audited financials, he
noted $59 million that had not been recorded, and he inquired as to how very few people in San
Rafael were aware of this liability that had not been funded.
Going further, Mr. Ford stated they wondered whether there was any kind of financial solvency
issue because the issue of GASB #45 had not been discussed for this budget. He stated they
encouraged the City Council to review the entire topic of why the City and its voters even
provide medical benefits for retirees.
Mr. Ford believed the City Council should seriously look at the California State Association of
Counties (CSAC) and their fourteen point pension reform act and review future retirement
medical benefits, spiking, moving the retirement age from 50 to 55. He invited the City Council
to consider the fact that for the projected budget of fiscal year 2006-2007 there is a combined
payroll cost, plus benefits, of $52 million, which constitutes not less than 70%. An 8% increase
in payroll costs would translate into $5.6 million, which exceeds even the $4.2 million projected
income from the Transactions and Use Tax measure.
Mr. Ford stated the bottom line was that the increase in payroll and fringe benefits for the City of
San Rafael was outstripping its ability to generate future tax revenue. He encouraged the City
Council to go back to the very members who contributed heavily to the Measure `S' campaign
and get their feedback on how to reduce payroll and fringe benefit costs. Considering $4.2
million was to be raised, he stated that should $3 million be allocated to the general expenses
and $1 million to reserves, this left very little wiggle room. Therefore, the City Council should
look at these topics and try to incorporate them in this year's budget. Cognizant of the fact that
this was rather late, Mr. Ford stated they believed there would be future discussion on this
matter.
Mr. Nordhoff explained that GASB (Governmental Accounting Standards Board) #45 just
happened to be the numerical sequencing of what is published and deals with post -employment
benefits for all municipalities across the country. San Rafael, like every other city across the
United States, is now required and obligated to actuarially value obligations outside of pension
obligations; therefore, this deals with the retiree health issue. He noted this work had to be
started over the next year as it would be necessary to report it at the end of the calendar year.
Depending upon the organization size, there was a three-year phase in and San Rafael fit the
middle tier. It would not only be necessary to report this but demonstrate that the city had a
work plan that could run up to a period of 30 years in order to be able to fund it. Mr. Nordhoff
confirmed that together with giving the value, it would be necessary to demonstrate how it
would be made to work. He explained that there were some monies on hand through
contributions for a number of years into the County Retirement System that were specifically
directed towards that liability. This would reduce the City's obligation in the future; however,
this would be included in the report.
Mr. Nordhoff apologized for not having had an opportunity of getting into this in more public
forums due to other priorities. Staff was aware of the mandate to do it for future financial
reporting and intended to meet that.
Noting Mr. Ford mentioned the CSAC pension reform, Mr. Nordhoff stated the League of
California Cities had also adopted reform and a year ago, the City Council adopted these
principles also. He indicated that staff continued to look at those opportunities where the City
could pursue statewide reforms related to disability retirements or other alternatives that help
mitigate future obligations and were consistent with good practices in Marin and throughout the
state.
Councilmember Heller inquired as to when the report on GASB #45 was due. Mr. Nordhoff
confirmed it was for audits ending after 2007. However, as San Rafael is in the County
Retirement System and they are obligated to value their retiree health a year before, the City
wanted to partner with them and work through doing all of this simultaneously. He believed San
Rafael would have its data earlier than required and he confirmed staff would be working on this
effort in the coming fiscal year.
Councilmember Cohen recalled that a notice had been mailed out to every resident in San
Rafael outlining the schedule of budget hearings up to and including tonight. Indicating that
tonight's meeting was not included, Mr. Nordhoff stated a notice of the meetings of May 15 and
June 5, 2006 were mailed to all residents within the City of San Rafael. Councilmember Cohen
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confirmed that notice of the dates of when the City Council would get into the "meat" of this
discussion was out in the community.
Noting this issue was raised during the Measure `S' discussion leading up to the 70% voter
support, Councilmember Cohen stated it should not be a surprise to anyone that the
preponderance of the City's costs had to do with people. The City was in the service business
with people providing those services. He indicated that some people had expressed surprise it
was as low as it was in terms of percentage of the budget and he commented it was a fact of
life that the cost of paying quality people a quality salary and decent benefits would constantly
and continually drive the budget.
Councilmember Miller moved and Councilmember Cohen seconded, to adopt the Resolution.
a) RESOLUTION NO. 11989 — RESOLUTION ADOPTING A REPORT FROM THE
MEASURE `S' COMMITTEE
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution.
b) RESOLUTION NO. 11990 — RESOLUTION AMENDING THE 2005-2006 BUDGET
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution.
c) RESOLUTION NO. 11991 — RESOLUTION APPROVING THE BUDGET FOR THE
FISCAL YEAR JULY 1, 2006 — JUNE 30, 2007 AND
PROVIDING FOR THE APPROPRIATIONS AND
EXPENDITURE OF ALL SUMS SET FORTH IN SAID
BUDGET IN THE AMOUNT OF $74,318,975
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Cohen, Heller, Miller and Mayor Boro
None
Phillips
Councilmember Miller moved and Councilmember Cohen seconded, to adopt the Resolution.
d) RESOLUTION NO. 11992 — RESOLUTION ADOPTING THE CITY COUNCIL'S
FIVE YEAR GOALS FOR FISCAL YEARS 2006-2011
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
CITY MANAGER'S REPORT:
26. None.
COUNCILMEMBER REPORTS:
27. a) LAFCO: - File 149
Councilmember Heller reported that at its last meeting, LAFCO adopted the San Rafael
Sphere of Influence study and the San Rafael Sanitation District Sphere of Influence, and
these will be reviewed every five years. Marinwood, Lucas Valley and the Lands of St.
Vincent's/Silveira were omitted from the San Rafael Sphere of Influence, and the upper
portion of Sun Valley (Tamalpais Cemetery) was added.
Regarding St. Vincent's/Silveira, Councilmember Heller stated LAFCO maintains that CEQA
(California Environmental Quality Act) does not apply, rather this action simply retains and
preserves the current conditions and therefore, cannot have an impact on the environment.
She noted there could be a lawsuit on this.
Councilmember Heller indicated that Supervisor Adams requested LAFCO become the
resting place for the Countywide Planning interested people and she (Supervisor Adams)
noted that the County of Napa had a wonderful model for ABAG (Association of Bay Area
Governments) and housing numbers.
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Mayor Boro reported that a discussion took place with the TAM (Transportation Authority of
Marin) Board about the local planning agency and all cities agreed it was something they did
not wish to get into. As LAFCO was not representing all cities, he assumed the City Council
would instruct Councilmember Heller to oppose this should it come to a vote. Indicating she
had been opposing it, Councilmember Heller stated she believed that at this point it could
just become workshops; however, she would report periodically.
b) Transit: - File 143
Councilmember Heller reported that the Golden Gate Transit District would officially
relinquish the local bus routes to the Marin County Transit District in September, 2006, and
the City needed to begin to look towards a policy for City streets, together with responsibility
for changes in bus stops, etc. She noted that the busses would have both Golden Gate
Bridge and local logos and names were being solicited for local transit.
Councilmember Cohen inquired as to the status of the route change in Terra Linda.
Councilmember Heller stated that the bus had been successfully moved off Lower Nova
Albion and routed through a commercial area.
Councilmember Heller noted there could be a potential new issue concerning a change in
parking lot bus service at Kaiser Hospital. She noted Kaiser would fund all their expenses
for changing the parking lot; however, there could be an ADA question on the bus stop on
Monticello as there was a large grade. Councilmember Heller stated the District had been
informed that the City had no intention of paying for any changes; however, a policy needed
to be looked at.
Interim City Manager Ken Nordhoff stated that a letter had been sent through the Traffic
Coordinating Committee to the District regarding some proposed routes. He would be
meeting with Farhad Mansourian, Marin County Public Works Director, and several of his
peers throughout the County, in July to discuss how the revived and reinvigorated Marin
County Transit District would operate, its impacts in terms of cities and to what extent their
requests would be responded to. He noted policy issues, such as ownership of bus shelters,
improvements around ADA access, responses to routes, etc., needed to be addressed.
Councilmember Heller requested that she be informed of such meetings so that she could
attend and observe.
Mayor Boro noted that transportation costs a lot of money and the County would be looking
at some point for cities to participate. In his opinion, when Marin County took over its own
transit responsibilities it was never intended that they would form a District with a Planning
Czar, District Coordinator, etc. The idea was to contract with the Golden Gate Bridge
District and run its busses. Mayor Boro commented that he was not speaking for the Golden
Gate Bridge District, rather he was mainly worried about San Rafael and the potential
liability the City would assume.
Mayor Boro suggested proceeding carefully before committing to anything.
c) MTA Meeting of June 14, 2006: - File 4-13-101
Reporting on the MTA meeting of Wednesday, June 14, 2006, with particular emphasis on
Agenda Item J2 — Funding a Media Center and Possible Amendment to MTA Agreement of
Formation Funding Provisions, Councilmember Miller stated that almost two years ago he
responded negatively to the idea of using franchise fees to fund operations of a Public
Access Center. However, the communications consultant put back into play the whole
notion of funding it through franchise fees. San Rafael's portion of 29.48% would mean
paying $157,531 in year 1, rising to $1,680,553 by year 10. As this caused him great
concern, Councilmember Miller stated he notified the MTA that he would receive instructions
from the San Rafael City Council and return to the MTA to request an amendment.
Providing background, Under Section 6 of the MTA Agreement of Formation - Payments (a)
Existing Franchises, Councilmember Miller explained that the franchise fee had been paid
directly to the City, the Agency billed the City for their portion, and the City controlled its own
funds.
Under the new Agreement, which should have been signed today, fees go directly to the
MTA. They return the net franchise fees to the City, which is minus their budget, thereby
retaining control of the funds.
Mayor Boro commented that a majority of cities did not have to pass a budget that funded a
public access center. Indicating that this would not solve the structural problem,
Councilmember Miller stated it could well be that the smaller jurisdictions, who had nothing
to lose but much to gain, could opt for the public access center.
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Councilmember Miller stated his request was to change Section 6. (b) — Agency Cable
Franchises - of the MTA Agreement of Formation - and to this end sought a resolution.
Councilmember Miller noted that Supervisor Susan Adams indicated the County would vote
against a withdrawing agency receiving back its gross share of franchise fees. He
concurred with Dan Hillmer, Larkspur, who considered it a basic principle that fees go
directly to cities.
With Section 6. (b) — Agency Cable Franchises - of the MTA Agreement of Formation in
effect, Councilmember Miller stated he could not in conscience forfeit the right of the City of
San Rafael to money owed to it, nor abdicate the responsibility of the City Council in its
judgment to use these funds to the best interest of the City. Therefore, until replaced as
representative to the Board of the MTA, or the Agreement was amended to allow the direct
deposit of all franchise revenues to the General Fund, by unanimous vote, or the dissolution
of the Agency, he would vote "No" on all budget expenditure resolutions or directions.
Councilmember Miller suggested that the Mayor and City Council work with the Mayor and
City Council of Larkspur in crafting ways to a timely solution of this most unfortunate,
untenable situation that denies the rights and responsibilities of constituent jurisdictions and
strikes at the heart of local governance. He believed that working together with the other
jurisdictions, an amendment could be achieved.
Mayor Boro stated he assumed that if all ten cities expressed their opposition to the County,
they would listen. He noted that ultimately, by the time the ten-year contract was up all
franchise fees would be supporting the public access station.
Interim City Manager Ken Nordhoff stated that the new legislation being explored at the
federal and state levels might include some type of percentage surcharge specifically to be
directed back to public access. If that were to occur, in this case where the MTA had acted
on and ratified the new COMCAST agreement, money would flow to the MTA to be
distributed specifically for that purpose. However, at this time, it was unclear whether this
would be sufficient. He clarified that the eleven person board did not include Novato, which
was not part of the agreement — ten cities and towns and the County.
Mr. Nordhoff stated the sense of City Managers was that home rule and local control over
revenues, including franchise fees, made a lot of sense and the JPA Agreement should be
amended to reflect that. Similar to the elected level, he believed there were varying degrees
of interest at the managers' level. He noted San Rafael, Larkspur, San Anselmo and
probably Mill Valley were very engaged and it ran the gamut from there. Mr. Nordhoff
agreed with Councilmember Miller's suggestion to start at the elected levels, work through
Larkspur and potentially other communities, to ascertain whether with like minds, something
could be presented to the County Board of Supervisors or the MTA Board indicating this
was an ethical principle issue that needed to be addressed before the MTA could move
forward and address other issues relating to the use of money. He noted the risk for the
County was fairly small relative to San Rafael, with a disproportionate risk across the rest of
the County.
Mr. Nordhoff stated he would be happy to work with Jean Bonander, Larkspur City Manager,
on this issue, and having already had discussions they were exploring the fact that perhaps
a resolution would be appropriate. Therefore, regardless of whether San Rafael's
representative was Councilmember Miller or someone else, he believed there should be
some clear direction and definition about what action and direction could be taken relating
to budget matters of MTA prior to this issue getting resolved.
Mayor Boro suggested that the MCCMC (Marin County Council of Mayors and
Councilmembers) could perhaps discuss this issue. Having discussed this question with
Ms. Bonander, Larkspur City Manager, they believed it could certainly be an item for the
agenda at the next meeting. He indicated that he and Ms. Bonander agreed it would be
good to have something to present to act on rather than merely discussing the issue.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:26 p.m
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12006
MAYOR OF THE CITY OF SAN RAFAEL
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