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HomeMy WebLinkAboutCC Minutes 2007-03-05SRCC Minutes (Regular) 03/05/2007 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, MARCH 5, 2007 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk SPECIAL PRESENTATIONS — Present: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None a) 6:30 PM - Demonstration re Computerization of Building Permits (CD) (Third Floor Conference Room, Citv Hall) — File 9-3-85 Chief Building Official Thomas Ahrens conducted demonstration. b) 7:00 PM - Presentation of Newly Purchased Police Mobile Command Trailer (PD) (City Hall Rear Parking Lot) — File 9-3-30 Police Captain Jeff Franzini and Traffic Sergeant Glenn McElderry made presentations. OPEN SESSION — COUNCIL CHAMBER — 7:15 PM Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 - 7:15 PM — File 1-4-1a Conference with Labor Negotiators — Government Code Section 54957.6 Negotiators: Ken Nordhoff, Jim Schutz, Nancy Mackle, Lydia Romero, Donna Williamson, Richard Whitmore Employee Organization(s): San Rafael Fire Chief Officers' Association San Rafael Police Mid -Management Association Western Council of Engineers Unrepresented Management Elected City Clerk and Elected Part-time City Attorney City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: Quezada Market, corner Belvedere and Alto Streets: - File 9-1 x 9-3-85 x 10-1 Indicating that his family owned the Quezada Market, Fernando Quezada stated that due to a recent accidental fire which started at a neighboring business, they were in the planning, designing and rebuilding phase of their property and had the opportunity to integrate the adjacent (previously Taco) space. He stated their vision of the redesign was somewhat similar to the Loch Lomond Market, with a delicatessen and hot foods inside the store with both premises integrated into one, as opposed to having two separate establishments. Mr. Quezada stated this integration would make the business more vibrant and sustainable whereas separately, would result in double the overhead, business license fees and employees. He indicated that the expansion was not to get more people into the store, rather to open it up and make it a nicer and more pleasant shopping experience for their current customers. Mr. Quezada stated that the market had always helped the community and they would like to continue this tradition by not selling liquor, etc. He invited the City to support their efforts to have just one establishment and provide a valuable community asset. Mayor Boro stated that Community Development Director Bob Brown would review the issue and communicate with Mr. Quezada and the City Council. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Cohen seconded, to approve the Consent Calendar, as follows: 1111=1LTA 2. Approval of Minutes of Regular Meeting of Tuesday, February 20, 2007 (CC) RECOMMENDED ACTION Minutes approved as submitted. SRCC Minutes (Regular) 03/05/2007 Page 1 SRCC Minutes (Regular) 03/05/2007 Page 2 3. Resolution Authorizing the City Manager to RESOLUTION NO. 12201 — Execute an Amendment to the Agreement for RESOLUTION AUTHORIZING THE Professional Planning Services with Paul A. CITY MANAGER TO EXECUTE A Jensen for Assistance as Project Planner for THIRD AMENDMENT TO THE "The Village at Loch Lomond Marina" Project, AGREEMENT FOR PROFESSIONAL Extending the Term of the Agreement from PLANNING SERVICES WITH PAUL A. March 21, 2007 through December 31, 2007, JENSEN FOR SERVICES AS with no Change in the Contract Budget PROJECT PLANNER FOR "THE ($134,007.50) (CD) — VILLAGE AT LOCH LOMOND File 4-3-370 x 9-3-85 x 10-2 MARINA" PROJECT, EXTENDING THE TERM OF THE AGREEMENT THROUGH DECEMBER 31, 2007, WITH NO CHANGE IN THE CONTRACT BUDGET (Agreement Term: March 22, 2005 through December 31, 2007, with a budget not to exceed $134,007.50) 4. SECOND READING AND FINAL ADOPTION OF Approved final adoption of Ordinance ORDINANCE NO. 1848 — "An Ordinance of the No. 1848. City Council of the City of San Rafael Approving an Amendment to the Zoning Map (ZC06-007) to Reclassify Certain Real Property from Planned Development (PD 1497) District to Francisco Blvd. West Commercial (FBWC) District at 540 Francisco Blvd. West (APN: 013-051-33)" (CD) — File 10-3 x 10-5 x 10-7 5. Resolution of Appreciation in Memory of RESOLUTION NO. 12202 — Coleman Persily, who Passed Away on RESOLUTION OF APPRECIATION IN Wednesday, February 7, 2007 (CM) — MEMORY OF COLEMAN PERSILY, File 102 x 109 WHO PASSED AWAY ON WEDNESDAY, FEBRUARY 7, 2007 6. Resolution of Appreciation to Dianne Mitchell, RESOLUTION NO. 12203 — Administrative Assistant II, Community Services RESOLUTION OF APPRECIATION TO Department, Employee of the Quarter Ending DIANNE MITCHELL, December, 2006 (CS) — File 102 x 7-4 x 9-3-65 ADMINISTRATIVE ASSISTANT II, COMMUNITY SERVICES DEPARTMENT, EMPLOYEE OF THE QUARTER ENDING DECEMBER, 2006 7. Resolution Authorizing the 2007 Agreement with RESOLUTION NO. 12204 — the Orca Swim Club for Use of the Terra Linda RESOLUTION AUTHORIZING THE Community Center and Pool (CS) — SIGNING OF THE 2007 AGREEMENT File 4-10-172 x 9-3-65 WITH THE ORCA SWIM CLUB 8. Update to the City's Investment Policy (Fin) — Item removed from Aqenda at File 8-9 x 8-18 request of staff. 9. Resolution Approving and Authorizing the City RESOLUTION NO. 12205 — Manager to Execute an Agreement Between the RESOLUTION APPROVING AND City of San Rafael and Maze and Associates to AUTHORIZING THE CITY MANAGER Provide Auditing Services for the Fiscal Years TO EXECUTE AN AGREEMENT WITH Ending June 30, 2007 Through June 30, 2010, MAZE AND ASSOCIATES, TO with Options for the Fiscal Years Ending June 30, PROVIDE AUDITING SERVICES FOR 2011 and June 30, 2012 (Fin) — THE FISCAL YEARS ENDING JUNE File 4-3-463 x 8-9 30, 2007 THROUGH JUNE 30, 2010, WITH OPTIONS FOR THE FISCAL YEARS ENDING JUNE 30, 2011 AND JUNE 30, 2012 10. Resolution Amending Resolution No. 11190 RESOLUTION NO. 12206— Pertaining to the Compensation and Working RESOLUTION AMENDING Conditions for the San Rafael Police Mid- RESOLUTION NO. 11190 Management Association (effective July 1, 2006 - PERTAINING TO THE June 30, 2009) (MS) — File 7-8-5 COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL POLICE MID -MANAGEMENT SRCC Minutes (Regular) 03/05/2007 Page 2 11. Resolution Pertaining to the Compensation and Working Conditions for the Western Council of Engineers, Representing the Association of Professional Employees (effective July 1, 2006 - June 30, 2009) (MS) — File 7-8-8 12. Resolution Establishing the Compensation and Working Conditions for Unrepresented Management Employees ("Managers") (effective July 1, 2006 - June 30, 2009) (MS) — File 7-3 13. Resolution Establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part -Time City Attorney (effective July 1, 2006 through June 30, 2009) (MS) — File 7-3-2 x 9-3-14 x 9-3-16 14. Report on Bid Opening and Adoption of Resolution Awarding Contract for Lindenwood Court # 10 Drainage Improvements, Project No. 91011, to Maggiora & Ghilotti, Inc., in the Amount of $48,884.00 (Bid Opening Held on Tuesday, February 20, 2007) (PW) — File 4-1-592 x 9-3-40 x 12-9 SRCC Minutes (Regular) 03/05/2007 Page 3 ASSOCIATION (3 year MOU from July 1, 2006 through June 30, 2009) RESOLUTION NO. 12207 — RESOLUTION PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR THE WESTERN COUNCIL OF ENGINEERS, REPRESENTING THE ASSOCIATION OF PROFESSIONAL EMPLOYEES (3 year agreement from July 1, 2006 through June 30, 2009) RESOLUTION NO. 12208 — RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT EMPLOYEES ("MANAGERS") (effective July 1, 2006 through June 30, 2009) RESOLUTION NO. 12209 — RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND ELECTED PART- TIME CITY ATTORNEY (effective July 1, 2006 through June 30, 2009) RESOLUTION NO. 12210 — RESOLUTION AWARDING CONTRACT FOR LINDENWOOD COURT #10 DRAINAGE IMPROVEMENTS, PROJECT NO. 91011, TO MAGGIORA & GHILOTTI, INC., IN THE AMOUNT OF $48,884.00 (Lowest responsible bidder) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Heller and Phillips (from item #s 2 and 4 only, due to absence from meeting of 2/20/07) SPECIAL PRESENTATION: 15. PRESENTATION OF RESOLUTION OF APPRECIATION TO DIANNE MITCHELL, ADMINISTRATIVE ASSISTANT II, COMMUNITY SERVICES DEPARTMENT, EMPLOYEE OF THE QUARTER ENDING DECEMBER, 2006 (CS) — FILE 102 x 7-4 x 9-3-65 For the benefit of the audience, Mayor Boro explained that each quarter San Rafael employees select an Employee of the Quarter and Dianne Mitchell was the recipient of this award for the fourth quarter of 2006. He noted Dianne had received a star and a $100 bill and she would be a contestant for the Employee of the Year award which would be announced at the Employee Luncheon on March 29, 2007. Stating the resolution indicated that Dianne had been with the City of San Rafael since 2003, Mayor Boro quoted: "Dianne works her magic at the Terra Linda Community Center creating community through people, parks and programs and Dianne can turn a dissatisfied customer into a happy `repeat' customer in under five minutes. Dianne can register a family for a pool pass, complete a facility rental, help a senior citizen to their car, move an operable wall, work with the duplicate bridge instructor, accept a 300 gallon chlorine delivery for the pool, handle all phone calls and assist a Councilmember in registering for strength training class all before 10:00 a.m.," all of which demonstrated her work ethic. On behalf of the City Council, Mayor Boro thanked and congratulated Dianne Mitchell. Expressing thanks for the honor, Dianne Mitchell stated it was a privilege to work for the City of San Rafael and with all City employees. SRCC Minutes (Regular) 03/05/2007 Page 3 SRCC Minutes (Regular) 03/05/2007 Page 4 COUNCIL CONSIDERATION: NEW BUSINESS: 16. RECOMMENDATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROPOSALS FUNDING YEAR 2007-08 (RA) — FILE 147 Economic Development Coordinator Katie Korzun reported that this was the eighth time the Block Grant Program had been done with the City's Cooperation Agreement with Marin County, and once again it had worked very well. Noting the federal government had not yet advised as to the amount of money available, she stated the expectation was that approximately the same amount as last year would be received. All the numbers she had presented were approximations and a reduction or increase would be balanced out in a pro rata fashion. Ms. Korzun outlined the four suggested proposals for funding this year: • ADA Accessible Sidewalks • Fair Housing Program • County Housing Authority Rehabilitation Loan Program • Buckelew Mission Avenue House Noting insufficient money in the budget to handle all of these, she indicated that a partial payment would be given to Buckelew, who ranked fourth. Having requested $80,000, it was anticipated giving them approximately $56,000. Reporting that the other item related to a reallocation of funds, Ms. Korzun explained that the County was in a situation where not enough of the funds had been drawn down by the allocating parties; therefore, there was a danger of having the federal government take some of the money back. To assist both keeping City funding and helping the County out in the overall project, Ms. Korzun stated staff suggested reallocating past funds set aside for the ADA project to Pickleweed to facilitate money being drawn down quickly. Ms. Korzun stated Roy Bateman, Marin County Community Development Coordinator, was available should there be questions. Mr. Bateman expressed appreciation to City and Redevelopment Agency staff. Councilmember Miller expressed thanks to Katie Korzun for all her work on the project, which made it an easier partnership with Mr. Bateman and the County. He stated Mr. Bateman's staff was extraordinary — people of great value, understanding and real concern — who understood when there were difficult choices, they made them to the best advantage of those who needed the money most. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 12211 — RESOLUTION RECOMMENDING COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT FUNDING FOR THE YEAR 2007-08 TO THE MARIN COUNTY BOARD OF SUPERVISORS AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCILMEMBER REPORTS: 17. a) Marin Countv Transit District — Shuttle: - File 9-1 x 143 Councilmember Heller stated that consideration was being given to changing the route of the Shuttle service which operates in the Terra Linda area to allow passengers to get closer to the hospital. She announced that two public meetings would take place: 1) Tuesday, March 27, 2007 — 7:00 — 8:00 p.m. at Drake's Terrace, 275 Los Ranchitos Rd. San Rafael; and 2) Thursday, April 5, 2008 — 2:30 — 3:30 p.m. at the County Training Room, 2 Jeannette Prandi Way, Terra Linda. Councilmember Heller stated that flyers were available in the lobby. Mayor Boro suggested the flyer be posted at the Terra Linda Recreation Center. b) Pickleweed Park Communitv Center and Librarv: - File 9-1 x 267 Councilmember Miller reported on a meeting he had with Nancy Rosa, who recently retired from Canal Alliance, regarding the history and future of Pickleweed Park Community Center SRCC Minutes (Regular) 03/05/2007 Page 4 SRCC Minutes (Regular) 03/05/2007 Page 5 and Library. Indicating that the issue of the community base of Pickleweed Park came out strongly and clearly in the discussions, Councilmember Miller stated at the beginning the project funding came from the Redevelopment Agency and the San Francisco Foundation. This funding was given directly to the Canal Community Alliance because the Foundation at that time wished to ensure that this was a community center and not just a park and recreation departmental center; however, subsequently, management was taken over by the City as the Canal Community Alliance did not have the capacity to co -manage. Councilmember Miller stated that ten years ago the City embraced the concept of Pickleweed being a community directed center as follows: • Canal Neighborhood as a Council Priority; • Conversations — Staff visiting homes to listen; • Pickleweed Development team — a group of mid -managers; • Tremendous presence in the community with staff, including Lieutenant Jim Kelly (retired), Police Department, Code Enforcement, Fire Department, and most importantly the Community Services Department, which truly interacted with the citizenship. Councilmember Miller commented that the relationship of the City of San Rafael to the Canal neighborhood had never been exercised so well as with David Donery, Supervisor, Pickleweed and Jeanette Sotomayer, Office Assistant, Pickleweed. He recalled Jeanette spoke in Sacramento on behalf of the library. Councilmember Miller stated that in his judgment and that of a lot of others, David Donery was perhaps the most trusted person from the City of San Rafael. The relationships he had built up in working with people and bringing people together was truly wonderful, and this was the spirit of the Community Services Department. • Fee Schedule to enable more community gatherings; • Advisory Board Ordinance; • People's Survey for the Use of Pickleweed, which qualitatively was probably the best in the City; • Basic fundraising principle — Pickleweed was a tool of the community. Noting Pickleweed's success for the last ten years came via the great interaction with the community, Councilmember Miller believed that successful path should be continued with the primacy of community, that is also the founding principle, and place Pickleweed at the center of community capacity building, community social and economic development. Councilmember Miller shared a statement of purpose and values of Pickleweed Community Center that he had written to serve him as a framework to evaluate the action and decisions of the City and Pickleweed staff and in the measurement of individual and collective actions for the self development of the communities of the Canal Neighborhood: "PICKLEWEED — Opportunities for Community" Commitment to Community. Pickleweed Park Community Center strives to strengthen the ever changing web of social, ecological and economic relationships that are the fabric of the Canal Neighborhood. Councilmember Miller stated he defined community as a web of relationships — the African phrase — "I am because you are because we are" — and not as a group of individuals with common purpose. He commented that the relationships called out were those of sustainability. Commitment to Diversity. Pickleweed Park Community Center uses diversity well by stimulating spirited dialogue among various viewpoints and by nurturing a respectful interplay among the distinct, different ways of life in the Canal Neighborhood. Commitment to Neighborhood. Pickleweed Park Community Center creates a special place where the residents and stakeholders of East San Rafael's Canal Neighborhood can gather to recreate, socialize, learn, dialogue and celebrate their lives. Councilmember Miller stated that he learned early on from the Canal Community that the Canal Neighborhood was not just the densely populated apartments, rather the two square - mile area of the old East San Rafael plan with its own demographics, types of housing, businesses, buildings, uses, social traditions, politics and economics. SRCC Minutes (Regular) 03/05/2007 Page 5 SRCC Minutes (Regular) 03/05/2007 Page 6 Commitment to Collaboration. Pickleweed Park Community Center will actively collaborate with public, private and non-profit sectors to deliver services and foster action - oriented dialogue that enhances both the Neighborhood and the Center. Commitment to Operations. Pickleweed Park Community Center's core staff will manage effectively and efficiently the Center, offer desired, acceptable programs, events, and learning opportunities to the patrons, and continually connect the Center to the communities of the Canal Neighborhood. Councilmember Miller stated that the management function of continually connecting the center to the community was essential to the purpose of Pickleweed Park Community Center and the development of the neighborhood and there was a wonderful ten-year track record in that. Commitment to Communication. Pickleweed Park Community Center embraces communication for social change, a process of public and private dialogue through which people define who they are, what they want and how they can get it. Councilmember Miller stated that the dynamic process of communication for social change emphasizes people as agents of their own change and empowers the members of the community to act individually and collectively for their advantage and that of the community This process was the most powerful form of connectivity of the center to the community. Mayor Boro confirmed with Councilmember Miller that this presentation was as a result of his meeting with Nancy Rosa. Councilmember Heller believed the presentation was well thought out and she appreciated the effort and work involved. Councilmember Phillips concurred. c) San Rafael School District: - File 9-1 x 9-2-1 Reporting on a meeting he had with the San Rafael School District, Councilmember Phillips stated that the possibility of developing school sites for housing, particularly for teachers, appeared to be a lower priority for them and something they did not actively plan to pursue. He suggested, therefore, that with approval, the issue should be removed from the City Council's active list of Goals and Objectives. Councilmember Phillips noted some concern was raised by the School District with regard to drainage issues and questioned whether these were issues that should be addressed by Public Works. d) Homeowner Coalitions: - File 9-1 Having met with Homeowner Coalitions, Councilmember Phillips stated there appeared to be deep concern regarding some of the traffic issues in the City, particularly speeding, and some solid suggestions were put forward. He complimented Chief of Police, Matt Odetto, for being receptive to these ideas and believed good things would result from the community coming together on that issue. e) Joint Liaison School Districts/City Council Meeting — March 14. 2007: - File 9-1 x 9-2-1 City Manager Ken Nordhoff believed the drainage issue would not be a topic for the Joint meeting of the School Boards and City Council, rather another forum. He noted that Chief of Police Odetto had agreed to attend and discuss the City's overall department goals and objectives and more specifically, the School Resource Officer program. He indicated that there also would be a presentation on Safe Routes to Schools. Councilmember Phillips stated there appeared to be quite a lot of appreciation for the Police Officers on site and some concern about the possibility of losing one in the absence of sufficient grant subsidies. f) Canal Dredqinq: - File 9-1 x 12-10 Mayor Boro reported on the issue of dredging the canal and the fact that the budget request was due last week for the 2008 fiscal year. He had the opportunity of discussing this with Congresswoman Woolsey in Washington, D.C. last week when he presented her with a copy of the letter received from residents. Lobbyist, Paul Schlesinger, would be discussing some type of arrangement going forward with Mr. Nordhoff. Noting quite a lot of constituency groups were interested in dredging, Mayor Boro stated that the estimated cost of dredging both the outer and inner channels was approximately $4.5 million. He confirmed that the outer channel was dredged approximately ten years ago and the inner channel three years ago. Noting the outer channel should be on a seven year cycle (now three years past), Mayor Boro stated the inner channel was a three-year cycle which has SRCC Minutes (Regular) 03/05/2007 Page 6 SRCC Minutes (Regular) 03/05/2007 Page 7 now been reached. Going forward, he suggested a plan be put in place to generate funding as the City would have to contribute at some point. Councilmember Heller noted it was becoming more difficult to locate places to dump the dredge spoils. Mayor Boro stated there was a possibility of going to Hamilton with the material. g) School Resource Officer: - File 9-1 x 9-3-30 x 9-2-1 Councilmember Cohen reported having had the opportunity of serving as guest principal at Madrone High School recently and observing Police Officer Harry Barbier assisting the school administration in dealing with a matter that arose that morning. Noting Officer Barbier was extremely impressive, he stated he could understand the school district's concern about any thought of losing part of that resource. Councilmember Cohen indicated that Officer Barbier was extremely competent and clearly knew the students involved, and that relationship helped in resolving the situation. h) Communitv Choice Aqqreqation: - File 9-1 x 271 x 13-1 Councilmember Cohen reported that he, Councilmember Miller and City Manager Nordhoff attended a meeting of the task force on the topic of Community Choice Aggregation (CCA), i.e., the possibility of Marin County essentially going into the power business. He believed it continues to be fraught with risk and so far, each meeting had raised more questions than answers, yet there appeared to be tremendous potential. While the issue could not be solved in this community, action could be taken locally, and probably the most significant thing San Rafael could do would be to get renewable power source above 50%. A further meeting of staff was scheduled for March 19, 2007 to strategize how to persuade the County to engage the community in conversation, answering questions and listening honestly to the feedback. He believed this should happen early in the decision-making process. Councilmember Cohen believed one option seemed to suggest they felt confident that for an average increase of $5 - $7 monthly, greener power could be purchased and while he believed people would be willing to make that tradeoff, he indicated it would be a simple question to ask. Councilmember Heller stated there were a great many people in the community for whom this was a lot of money to have to pay in addition to all the other charges placed on them. Councilmember Cohen stated the other option could provide an opportunity to do it without that type of increase; however, it also had a greater downside risk, i.e., buying power generation facilities or part of a facility. Noting challenging decisions needed to be made, he believed the community needed to be part of the decision-making process. Mr. Nordhoff stated the members of CCA wished to form a technical advisory group and a stakeholders group and were inviting input, and he believed this needed to be given some thought. There being no further business, Mayor Boro adjourned the City Council meeting at 9:20 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 2007 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 03/05/2007 Page 7