Loading...
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 SRCC Minutes (Regular) 06/19/2006 Page 2 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 SRCC Minutes (Regular) 06/19/2006 Page 8 SRCC Minutes (Regular) 06/19/2006 Page 9 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 SRCC Minutes (Regular) 06/19/2006 Page 9 SRCC Minutes (Regular) 06/19/2006 Page 10 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. SRCC Minutes (Regular) 06/19/2006 Page 10 SRCC Minutes (Regular) 06/19/2006 Page 11 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. SRCC Minutes (Regular) 06/19/2006 Page 11 SRCC Minutes (Regular) 06/19/2006 Page 12 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 SRCC Minutes (Regular) 06/19/2006 Page 12