HomeMy WebLinkAboutCC Minutes 2007-06-04SRCC Minutes (Regular) 06/04/2007 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JUNE 4, 2007 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Gary T. Ragghianti, City Attorney
Esther C. Beirne, City Clerk
OPEN SESSION — COUNCIL CHAMBER
None
CLOSED SESSION — CONFERENCE ROOM 201
None
INTRODUCTION OF NEW EMPLOYEE: - FILE 7-4
Present: Paul M. Cohen, Vice -Mayor
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: Albert J. Boro, Mayor
New employee Steven Hancock, Emergency Services Manager, was introduced to the City Council by Jim
Schutz, Assistant City Manager.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
War in Iraq: - File 9-1
Mary Morrison read part of a document expressing opposition to the war in Iraq.
John Jenkel requested Council to agendize an item in support of ending the war in Iraq.
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as
follows:
1111=lJil
2. Report on Bid Opening and Resolution Awarding the
Contract for the Slurry Seal 2006/2007, Project No.
11071, to Graham Contractors, Inc., in the Amount of
$69,728.00; Bid Opening Held on Thursday, May 17,
2007 (PW) — File 4-1-596 x 9-3-40
3. Report on Bid Opening and Resolution Awarding the
Contract to Team Ghilotti, Inc., in the Amount of
$1,077,060.83 for the Street Resurfacing 2006/2007
Revised Bid Project No. 11068 (Bid Opening Held on
Tuesday, May 22, 2007) and Approving the Streets
Designated for Resurfacing to be Partially Funded
Utilizing Local Measure A Funds (PW) —
File 4-1-597 x 9-3-40
4. Resolution Accepting a Proposal from Consolidated
Engineering Laboratories for Professional Engineering
Services for the Construction Inspection of the Street
Resurfacing 2006/2007 Revised Bid Project #11068 in
an Amount not to Exceed $46,500 (PW) —
File 4-3-470 x 4-1-597 x 9-3-40
RECOMMENDED ACTION
RESOLUTION NO. 12264 —
RESOLUTION AWARDING THE
CONTRACT FOR SLURRY SEAL
2006/2007, PROJECT NO. 11071, TO
GRAHAM CONTRACTORS, INC., IN
THE AMOUNT OF $69,728.00 (lowest
responsible bidder)
RESOLUTION NO. 12265 —
RESOLUTION AWARDING THE
CONTRACT FOR STREET
RESURFACING 2006/2007 REVISED
BID, PROJECT NO. 11068, TO TEAM
GHILOTTI, INC., IN THE AMOUNT OF
$1,077,060.83, AND APPROVING
THE STREETS DESIGNATED FOR
RESURFACING TO BE PARTIALLY
FUNDED UTILIZING LOCAL
MEASURE A FUNDS (lowest
responsible bidder)
RESOLUTION NO. 12266 —
RESOLUTION AUTHORIZING
EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH
CONSOLIDATED ENGINEERING
LABORATORIES FOR MATERIAL
TESTING AND SPECIAL
INSPECTION FOR THE
SRCC Minutes (Regular) 06/04/2007 Page 1
5. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1850 — "An Ordinance of the City
Council of the City of San Rafael Adopting an
Amendment to the Third Amended and Restated
Redevelopment Plan for the Central San Rafael
Redevelopment Project Area Pursuant to Health and
Safety Code Section 33333.6(e)(2)(D), and Amending
Related Ordinances in Connection Therewith" (RA) —
File 140 x (SRRA) R-140XIX
5.a. Resolution Approving the Use of Local Measure A
Funds for the Medway/Canal Rule 20B Underground
District Improvements, Project No. 11057 (PW) —
File 12-18-15 x 12-18 x 170 x (SRRA) R-140#8
AYES COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SRCC Minutes (Regular) 06/04/2007 Page 2
CONSTRUCTION INSPECTION OF
THE STREET RESURFACING
2006/2007 REVISED BID, PROJECT
NO. 11068, IN AN AMOUNT NOT TO
EXCEED $46,500.00
Approved final adoption of
Ordinance No. 1850.
RESOLUTION NO. 12267 —
RESOLUTION APPROVING THE USE
OF LOCAL MEASURE A FUNDS FOR
THE MEDWAY/CANAL RULE 20B
UNDERGROUND DISTRICT
IMPROVEMENTS, PROJECT NO.
11057
Heller, Miller, Phillips and Vice -Mayor Cohen
None
Mayor Boro
The following item was removed from the Consent Calendar for discussion:
RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS OF CHAPTER 2.55 OF THE
SAN RAFAEL MUNICIPAL CODE AND APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A THREE-YEAR LEASE WITH IKON OFFICE SOLUTIONS, INC. FOR A HIGH
VOLUME COPIER, IN AN AMOUNT NOT TO EXCEED $78,000 (MS) — FILE 2-9-29 x 9-3-87
Information Technology Manager Mark Rinkel stated this was a request to waive the competitive
bidding requirements for replacement of the City's offset press with a high-speed digital copier.
Explaining that the current offset press was at the end of its life, he indicated that critical plates were
needed in the operation of the press, current supplies of which would be depleted by mid-July.
Mr. Rinkel stated that the alternatives for replacement were to approve staff's recommendation to
waive competitive bidding and enter into a lease with Ikon Office Solutions or commence a new
bidding process which would take approximately three to four months, at an increased cost to the
City because of the necessity to farm out printing jobs to a local printer.
Sandra Sellinqer stated her son-in-law, a lumberman, had crooked teeth, and other health problems,
and made just barely enough money to keep his family of four going. She reported that on one
occasion he had been rolled over by logs, keeping him from working for six months, and another time
a log landed on his foot, again, keeping him from working for six months, just so paper could be
provided.
Ms. Sellinger stated she wished to ensure that all City departments in future used both sides of the
paper so that her son-in-law's family had sufficient money for his children to have straight teeth, had
health insurance and were taken care of when he was laid off or became unemployed for some other
reason.
Vice -Mayor Cohen confirmed with Mr. Rinkel that the proposed high-speed copier was capable of
producing dual sided printing and was easier to use than with the current offset press.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 12268 — RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS
OF CHAPTER 2.55 OF THE SAN RAFAEL MUNICIPAL CODE AND
APPROVING AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A THREE-YEAR LEASE WITH IKON OFFICE
SOLUTIONS, INC. FOR A HIGH VOLUME COPIER, IN AN AMOUNT
NOT TO EXCEED $78,000
SRCC Minutes (Regular) 06/04/2007 Page 2
SRCC Minutes (Regular) 06/04/2007 Page 3
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
PUBLIC HEARINGS:
6. Public Hearinq — CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 3.34 OF THE
SAN RAFAEL MUNICIPAL CODE, ESTABLISHING A FEE AND SERVICE CHARGE REVENUE /
COST COMPARISON SYSTEM, PROPOSED RESOLUTION ADOPTING MASTER FEE
SCHEDULE, AND PROPOSED RESOLUTION ADOPTING SCHEDULE OF FINES FOR
ADMINISTRATIVE AND PARKING CITATIONS (FIN) — FILE 9-10-2 x 9-3-85 x 9-3-87
Finance Director Cindy Mosser stated that the proposed ordinance would amend Chapter 3.34 of the
San Rafael Municipal Code to establish a fee and charge for services. The Resolution would
establish a new Master Fee Schedule for services provided by the various City departments. Ms.
Mosser noted that the public hearing notice included a proposed resolution establishing a new
schedule of fines for administrative citations; however, as no changes were being made to the
existing resolution, the proposed resolution had been withdrawn.
Providing background, Ms. Mosser explained that in late 1996, the City Council commissioned a
study to identify the full cost of services, and in September of 1997, approved an ordinance
establishing percentages. Two thorough updates to the business cost study had taken place since
that time (in 1999 and 2003).
Ms. Mosser reported that for this update, staff determined the cost of all municipal services by
starting with an approved budget. Allocation of staff time, personnel costs, operating expenses and
overhead charges were used to calculate the full cost of the fees. She indicated that numerous staff
hours were spent with City departments in determining the staff time involved in each service, as well
as the distribution of operating costs and overhead support. Table 1 and Exhibits A through J
represent fees for City services.
Ms. Mosser noted the following changes:
• Revised Exhibit E for changes received this weekend;
• Revised page 3 of the staff report to indicate Table 1 only;
• Table 2 changed to Table A for the Parking Penalties and Late Payment Penalties;
• Table 3 was eliminated since there were no changes to the schedule of fines and
administrative citations.
With regard to key changes noted on pages 3 and 4 of the staff report, Ms. Mosser reported:
Building Services — Exhibit A — Building Permits: The increase in fees was needed to maintain the
higher levels of inspection. An attached addendum prepared by Community Development was a
survey of building permit fees charged by other jurisdictions, which indicated that San Rafael was still
lower.
Code Enforcement — Due to the allocation of personnel costs, hotel and inspection fees would
increase by approximately 8%.
Planning Services — Many of the deposits increased due to the allocation of staff time and current
personnel costs; however, a few decreased with these allocations.
Noting little change to the proposed ordinance, Ms. Mosser stated that should there be limitations to
the recovery costs like State laws, these were noted in the footnotes. She estimated that the
changes to the proposed fees would increase total revenues between $80,000 and $100,000 per
year, and this was not incorporated in the budget figures discussed in the earlier meeting this
evening.
Ms. Mosser reported that staff met with the San Rafael Chamber of Commerce on May 4, 2007 and
presented the proposed fees to them. She indicated that the report was put together with the
assistance of all departments, especially with the help of Andrew Thompson, Revenue Supervisor.
With regard to building permit fees being less than neighboring communities, Councilmember Phillips
inquired whether San Rafael was more efficient, or by charging more, whether other jurisdictions
were recovering more than their cost.
Mr. Nordhoff stated staff would like to believe San Rafael was very efficient and costs reflected that
SRCC Minutes (Regular) 06/04/2007 Page 3
SRCC Minutes (Regular) 06/04/2007 Page 4
and the associated fees. He indicated that much of the building permit fees were tied into the
Uniform Building Code. A separate independent body sets the codes and evaluates the rates up and
down the state and since San Rafael had not adjusted its rates since 1991, the City was
incrementally working its way back to recovering that cost. Mr. Nordhoff stated that an increase was
made last year, with an additional increase this year and the City was competitive in the market
place. He was unaware of other communities' costs as they were dictated by how much or little
process they wished to undertake. He believed that in the City's entire development services
universe, San Rafael was a pretty process focused and process oriented agency, as demanded by
the community, and as costs reflected that, staff was trying to set fees to keep up with those costs of
service.
Councilmember Phillips inquired whether it was possible other communities provided more service.
Mr. Nordhoff stated comparable agencies such as the County and Novato would have to be
evaluated to ascertain this. Councilmember Phillips drew the conclusion that San Rafael was more
efficient.
Vice -Mayor Cohen declared the public hearing opened and as there was no comment from the
audience, he closed the public hearing.
a) The title of the ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 3.34 OF THE SAN RAFAEL MUNICIPAL CODE ESTABLISHING A FEE AND
SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM, BY REVISING SECTION
3.34.040"
Councilmember Heller moved and Councilmember Phillips seconded, to dispense with the
reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance
No. 1851 to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
b) Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 12269 — RESOLUTION ESTABLISHING A NEW MASTER FEE
SCHEDULE FOR SERVICES PROVIDED BY THE VARIOUS
CITY DEPARTMENTS AND FOR LICENSING AND SERVICES
BY THE ANIMAL SERVICES AGENCY, AND RESCINDING
RESOLUTION NO. 11871
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
c) Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 12270 — RESOLUTION ESTABLISHING A NEW SCHEDULE OF
PARKING PENALTIES AND LATE PAYMENT PENALTIES FOR
NOTICES OF PARKING VIOLATIONS, AND RESCINDING
RESOLUTION NO. 11764
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Heller, Miller, Phillips and Vice -Mayor Cohen
None
Mayor Boro
7. Public Hearing — CONSIDERATION OF ORDINANCE ADOPTING DESCRIPTION OF EMINENT
DOMAIN PROGRAM FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL
REDEVELOPMENT PROJECT AREA PURSUANT TO NEW HEALTH AND SAFETY CODE
SECTION 33342.7 (RA) — FILE 140 x (SRRA) R-140 XIX
Economic Development Coordinator Katie Korzun reported that in the last legislative session in
Sacramento, two bills were passed that regulate agencies ability to use eminent domain, and the
ordinance under consideration this evening addressed both of these. She explained that the first
indicated the Agency had to restate its processes and the second was the necessity to have them
recorded against all properties within the Redevelopment Agency boundaries. She noted this was
SRCC Minutes (Regular) 06/04/2007 Page 4
SRCC Minutes (Regular) 06/04/2007 Page 5
similar to what was done when the Agency was first formed. Ms. Korzun stated the ordinance
covered both of these; nothing was being changed with what was being done with eminent domain,
rather the Agency was complying with the law and publicly stating the Agency's program.
Vice -Mayor declared the public hearing opened and there being no comment from the audience, he
closed the public hearing.
The title of the ordinance was read:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, PURSUANT TO THE
RECENTLY ENACTED HEALTH AND SAFETY CODE SECTION 33342.7, ADOPTING A
DESCRIPTION OF THE PROGRAM FOR THE ACQUISITION OF REAL PROPERTY BY EMINENT
DOMAIN FOR THE REDEVELOPMENT PLAN FOR THE CENTRAL SAN RAFAEL
REDEVELOPMENT PROJECT AREA, AND APPROVING RELATED ACTIONS"
Councilmember Miller moved and Councilmember Phillips seconded, to dispense with the reading of
the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1852 to
print by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
COUNCILMEMBER REPORTS:
Heller, Miller, Phillips and Vice -Mayor Cohen
None
Mayor Boro
8. Leqislative Action Days: - File 9-1
Councilmember Heller reported having attended the Legislative Action Days in Sacramento on May
16 and 17, 2007 and meeting with State Senator Migden and Assemblyman Huffman. She noted
that in September, the Grassroots Regional Network was up for reauthorization and as she intended
to attend, she would probably require a directed vote on the program. Proposition 84, 1C- Housing
Bond, and Housing Mandates were also discussed.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:03 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
, 2007
SRCC Minutes (Regular) 06/04/2007 Page 5