HomeMy WebLinkAboutCC Minutes 2008-02-19SRCC Minutes (Regular) 02/19/2008 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 19, 2008 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Robert F. Epstein, City Attorney
Esther C. Beirne, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 6:30 PM
Mayor Boro announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 - 6:30 PM
a) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: Timothv McGinlev v. Citv of San Rafael
WCAB Case #: SRO 121982, SRO 121987
Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
Greg Brockbank, Councilmember
Damon Connolly, Councilmember
Absent: Barbara Heller, Councilmember
b) Conference with Labor Negotiators — Government Code Section 54957.6(a)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Nancy Mackle, Ken Nordhoff
Employee Organization(s):
San Rafael Fire Chief Officers' Assn. Western Council of Engineers
San Rafael Firefighters' Assn. Assn. of Confidential Employees
San Rafael Police Mid -Management Assn. SEIU Miscellaneous & Supervisory
San Rafael Police Assn. SEIU Child Care Unit
Unrepresented Management Unrepresented Mid -Management
Elected City Clerk and Elected Part -Time City Attorney
City Attorney Robert Epstein announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None
CONSENT CALENDAR:
8:06PM
Councilmember Miller moved and Councilmember Brockbank seconded, to approve the Consent Calendar, as follows:
ITEM
2. Approval of Minutes of Regular Meeting of February 4,
2008 (CC)
Call for Applications for Appointment to Fill One, Four -Year
Term on the Fire Commission to the End of March, 2012, a)
Due to Expiration of Term of Charles Daniels, Jr. (CC) —
File 9-2-5
b)
C)
RECOMMENDED ACTION
Minutes approved as submitted.
Approved staff recommendation:
Called for applications for appointment to fill one,
four-year term on the Fire Commission to the end
of March, 2012;
Set deadline for receipt of applications for
Tuesday, March 11, 2008 at 12:00 Noon in the City
Clerk's Office, City Hall, Room 209; and
Set date for interviews of applicants at a Special
City Council meeting to be held on Monday, March
17, 2008, commencing at 6:00 p.m.
SRCC Minutes (Regular) 02/19/2008 Page 1
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Resolution Authorizing the City Manager to Execute an
Amendment to an Agreement for Professional Services
with RBF Consulting for Assistance Needed to Prepare an
Environmental Impact Report (EIR) for the San Rafael
Target Store Project at Shoreline Center, Increasing the
Maximum Contract Amount by $23,796 (from $285,806 to
$309,602), and Extending the Term of the Contract
Through December 31, 2008 (CD) — File 4-3-471
Resolution Authorizing the City Manager to Execute an
Agreement for Professional Planning Services with Paul A
Jensen, AICP, for Services as Project Planner During
Phase II of City Review of "The Village at Loch Lomond
Marina" Project, Establishing a Not -to -Exceed Budget of
$69,000 and a Term of Two Years Ending February 19,
2010 (CD) — File 4-3-370 x 9-3-85 x 10-2
6. Monthly Investment Report for January, 2008 (FIN) —
File 8-9
Resolution Awarding a Contract for Consultant Services in
an Amount of $110,000.00 Plus Reimbursement for
Independent Laboratory Testing Related to Construction
Document Preparation, Bidding, Contract Administration
and Further Assessment to Correct Structural Damage in
the A Street Parking Garage and Parking Facilities at 924
Third Street and 1299 Fifth Avenue to Walker Restoration
Consultants (MS) — File 4-3-474 x 9-3-87
SRCC Minutes (Regular) 02/19/2008 Page 2
RESOLUTION NO. 12426.
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
WITH RBF CONSULTING FOR ASSISTANCE
NEEDED TO PREPARE AN ENVIRONMENTAL
IMPACT REPORT FOR THE SAN RAFAEL TARGET
STORE PROJECT AT SHORELINE CENTER (Term
of Agreement: from June 20, 2007 to December 31,
2008, for an amount not to exceed $309,602.00)
RESOLUTION NO. 12427.
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT FOR
PROFESSIONAL PLANNING SERVICES WITH
PAUL A. JENSEN FOR SERVICES AS PROJECT
PLANNER FOR PHASE II OF "THE VILLAGE AT
LOCH LOMOND MARINA" PROJECT, WITH A NOT -
TO -EXCEED BUDGET OF $69,000 (Agreement
Term: February 19, 2008 through February 19,
2010, with a budget not to exceed $69,000.00)
Accepted Monthly Investment Report for month
ending January, 2008, as presented.
Removed from agenda at the request of staff.
8. Report on Bid Opening for Fourth Street West RESOLUTION NO. 12428 —
Rehabilitation / West End Village, Project No. 11056 (Bid RESOLUTION REJECTING ALL BIDS FOR THE
Opening Held Tuesday, February 5, 2008) and Resolution FOURTH STREET/WEST END VILLAGE
Rejecting all Bids and Authorizing Staff to Re -bid the REHABILITATION PROJECT (#11056), AND
Project (PW) — File 4-3-452 x 9-3-40 AUTHORIZING STAFF TO REBID THE PROJECT
9. Resolution Amending an Agreement with Harris &
Associates for Additional Design Services and
Construction Management Support Services for the Fourth
Street West End Village Project in an Amount Not to
Exceed $164,633 Total Contract Amount Not to Exceed
$602,932 (PW) — File 4-3-452 x 9-3-40
10. Resolution Approving a Funding Agreement Between the
Transportation Authority of Marin (TAM) and the City of
San Rafael for $4,500,000 in Regional Measure A Funding
for the Fourth Street / West End Village Rehabilitation
Project (#11056) and Authorizing the Director of Public
Works to Execute the Agreement (PW) — File 170 x 9-3-40
RESOLUTION NO. 12429 —
RESOLUTION AMENDING THE PROFESSIONAL
SERVICES AGREEMENT WITH HARRIS &
ASSOCIATES FOR ADDITIONAL DESIGN AND
CONSTRUCTION SUPPORT SERVICES FOR THE
FOURTH STREET/WEST END VILLAGE
REHABILITATION PROJECT (#11056) BY AN
AMOUNT NOT TO EXCEED $164,633, FOR A
TOTAL CONTRACT AMOUNT OF $602,932
RESOLUTION NO. 12430 —
RESOLUTION APPROVING A FUNDING
AGREEMENT BETWEEN THE TRANSPORTATION
AUTHORITY OF MARIN AND THE CITY OF SAN
RAFAEL FOR $4,500,000 IN REGIONAL MEASURE
A FUNDING FOR THE FOURTH STREET/WEST END
VILLAGE REHABILITATION PROJECT (#11056)
AND AUTHORIZING THE DIRECTOR OF PUBLIC
SRCC Minutes (Regular) 02/19/2008 Page 2
11. Resolution Approving a Funding Agreement for $250,000
with the Transportation Authority of Marin (TAM) for the
Safe Pathways Project for Laurel Dell Elementary School
and Authorizing the Director of Public Works to Execute
the Agreement (PW) — File 170 x 9-3-40
SRCC Minutes (Regular) 02/19/2008 Page 3
WORKS TO EXECUTE THE AGREEMENT
RESOLUTION NO. 12431 —
RESOLUTION APPROVING A FUNDING
AGREEMENT FOR $250,000 WITH THE
TRANSPORTATION AUTHORITY OF MARIN (TAM)
FOR THE SAFE PATHWAYS PROJECT FOR
LAUREL DELL ELEMENTARY SCHOOL AND
AUTHORIZING THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE THE AGREEMENT
AYES: COUNCILMEMBERS: Brockbank, Connolly, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
INTRODUCTION OF NEW EMPLOYEES:
12. INTRODUCTION OF NEW EMPLOYEES (PW): - File 7-5
Public Works Administrative Manager Richard Landis introduced the following new employees:
Leslie Morris, Associate Engineer — Traffic, and Stephen Castaldo, Senior Civil Engineer.
PUBLIC HEARING:
13. Public Hearinq —
CONSIDERATION OF A ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE SECTION 6.10.010 TO
ADOPT BY REFERENCE THE ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN
COUNTY CODE AS RECENTLY AMENDED. WITH APPROPRIATE LOCAL MODIFICATIONS, AND
AMENDING SECTION 6.10.050 TO PRESCRIBE PENALTIES FOR ANIMAL CONTROL REGULATION
VIOLATIONS (CM) — FILE 4-13-54 x 13-3
Mayor Boro declared the public hearing opened.
Deputy City Manager Nancy Mackie reported that the City had been part of a Joint Powers Agreement for many
years with Marin County and the other cities and towns to manage animal control services. The County had
made minimal changes to its ordinance and in turn, San Rafael was updating its ordinance to conform. This
was for ease of enforcement and administration.
Ms. Mackie explained that the Council packet contained redlined and executed copies of the County ordinance,
together with San Rafael's ordinance adopting the County ordinance by reference. She indicated that the
penalty amounts would be set by the Bail Schedule and the fees by the City's Master Fee Schedule to match
the County. She noted the County had a contract with Animal Services, which was part of the Marin
Humane Society, and the cities and towns join together to pay for that contract and have similar ordinances
for enforcement purposes.
Councilmember Brockbank confirmed with Ms. Mackle that the penalties, etc., were basically the same for all
cities and towns. As specified in the chart on page 2 of the staff report, Ms. Mackle stated this clarified that a
different part of San Rafael's Code addressed this.
Noting there was not a lot of call to fine people for barking dogs, Councilmember Brockbank requested
clarification on who responds to such calls.
Chief of Police Matt Odetto stated that the San Rafael Police Department does enforce animal control
regulations and responds to barking dog complaints, dealing with neighbors and the dog owners.
Councilmember Brockbank confirmed that the City contracted with the Humane Society to deal with removal of
dead animals, etc. Ms. Mackle added this also included dealing with wildlife that could be dangerous, leash
laws, etc.
In repetitive situations, Mayor Boro confirmed with Chief of Police Odetto that the Police Department calls in the
Humane Society.
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In terms of the Farmers' Market and other downtown gatherings, Councilmember Miller inquired as to how "no
animals" was enforced.
Chief Odetto reported that a graduated approach is taken through warnings, etc.
Regarding repeated barking dog violations, etc., Councilmember Brockbank suggested that rather than wasting
Police Officers' time or involving the Humane Society, referral to the Marin Mediation Services could be
helpful in resolving neighbor to neighbor disputes.
Being a quality of life issue, Chief Odetto stated that the Police Department wanted to be responsive to those
complaining also.
Ms. Mackle noted that the Humane Society also looks at the quality of care for the barking dog thereby bringing
a different expertise to the equation.
There being no comment from the audience, Mayor Boro closed the public hearing.
Ms. Mackle reported that this year San Rafael's annual payment to the Humane Society was $510,000. She
explained this was the City's portion for animal control and was not part of the ordinance. She indicated that
Marin County has a contract with the Marin Humane Society dealing with animal control services, which
expires at the end of June. Discussions were underway with Belvedere, Novato, San Rafael and County
representatives to negotiate a new contract for the next three years.
Councilmember Miller moved and Councilmember Connolly seconded, to approve final adoption of Ordinance
No. 1865.
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SAN RAFAEL MUNICIPAL CODE
SECTION 6.10.010 TO ADOPT BY REFERENCE, WITH APPROPRIATE MODIFICATIONS, THE
ANIMAL CONTROL REGULATIONS CONTAINED IN TITLE 8 OF THE MARIN COUNTY CODE
AS RECENTLY AMENDED, AND SECTION 6.10.050 PRESCRIBING THE APPLICABLE
PENALTIES FOR ANIMAL CONTROL REGULATION VIOLATIONS
AYES: COUNCILMEMBERS: Brockbank, Connolly, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
COUNCIL CONSIDERATION:
NEW BUSINESS:
14. CONSIDERATION OF RESOLUTIONS RE BUDGET ISSUES (FIN) — FILE 8-5 x 9-2-58 x 9-1
1) RESOLUTION ADOPTING AMENDMENTS TO THE CITY BUDGET FOR FISCAL YEAR 2007-2008
2) RESOLUTION ADOPTING REPORT FROM MEASURE `S' COMMITTEE
Indicating that Finance Director Cindy Mosser would present the bulk of the report, City Manager Ken Nordhoff
stated he would subsequently recant some of the information he shared at the City Council Retreat in terms
of some of the issues to be faced and options to be pursued.
Cindy Mosser reported that annually, the Finance Department conducts a mid -period review of the City's
financial status and because of the uncertainty of fiscal conditions due to flat revenues and lackluster
economic growth, a one-year budget was adopted in July 2007. Two-year performance measurements and
objectives were established through June 2009. These areas of priorities and emphasis were updated for
the six-month period ending December 31, 2007.
For the financial status part, Ms. Mosser stated that since July, several events occurred that require the City to
modify the adopted revenues and expenditures. This evening's staff report defines the changing budget
picture and presents a series of amendments necessary to meet obligations to keep the budget in balance.
As an overview of operating costs, Ms. Mosser reported that December's General Fund hit the 50 percent target
SRCC Minutes (Regular) 02/19/2008 Page 4
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with most departments at or below the 50 percent expenditure target.
Ms. Mosser reported that highlights of the revenue changes presented this evening included:
• Tax revenue increase of $1.4 million. This included $993,000 increase for ERAF (Education Revenue
Augmentation Fund) for current and past years' money held by the County until the state acted on SB418.
• Property tax triple flip back -fill increase of $324,000 due to monies received from the County and
estimates from HdL, Consultant.
• Police booking fee decrease of $100,000 based on new handling of booking fees from the state.
Vehicle Code fines increased by $330,000.
• Building Inspection Fee revenues increase of $149,000 due to the implementation of the commercial
inspection program. The City has a corresponding appropriation for this program.
Highlights of expenditures included:
• Police Department's overtime adjustment of $200,000 for extraordinary incident investigations and extra
court time.
• Personnel costs increase of approximately $760,000 for holiday pay, shift differentials, etc., required by
various labor agreements.
• Increase of $206,000 for the County property tax administrative fee.
Regarding Goals and Obiectives, Ms. Mosser reported that as part of the budget process, each department's
initiatives and key efforts were updated. These were presented at the January 29th Council Retreat.
With regard to the Measure `S' Committee, Ms. Mosser reported that in November, 2005, the citizens of San
Rafael approved a half cent Transactions and Use Tax, known as Measure `S' funds. This tax provided the
much needed relief to the City's structural deficit. She indicated that one of the requirements was the
appointment of an Oversight Committee, and in April, 2006, the City Council appointed a seven -member
committee to maintain oversight. With their established guidelines, the Committee found that revenues were
properly used to maintain funding for critical services. Ms. Mosser noted that the Measure `S' Committee's
report was attached for Council approval and members Gladys Gilliland and Larry Luckham were in
attendance this evening.
Councilmember Brockbank inquired as to why this was not a two-year budget.
In view of a flat economy, housing market, etc., Ms. Mosser indicated that projecting ahead was a little difficult
and she explained that there had not been a two-year budget for the past three years. Mr. Nordhoff added
that in actual fact, administratively, staff was preparing a two-year budget but not requesting Council to
formally act on the second year. Taking advantage of the efficiencies of two-year cycles, the Finance
Department had calculated the figures for this year and most of the projections for next year.
Noting increases in expenditures for items such as police overtime, uniforms, etc., Councilmember Brockbank
inquired whether these were approved in labor agreements last fall, retroactive to July 1, which could not
have been anticipated when the budget was adopted in July.
Ms. Mosser indicated that some of these items were missed in the Finance Department and sufficient funds
were not allocated. Police overtime, however, was truly unanticipated. Mr. Nordhoff added that some of the
overtime was tied into traffic fines where there was an associated cost in going to court, incurring police
overtime, etc.
Mr. Nordhoff stated that in light of the uncertainty of the economy, the state of the state's budget, housing
market, flat changes in sales tax, etc., he was working through a two-part process with the department
directors, the first of which was to ascertain whether there were voluntary opportunities to either save costs
or increase revenue through the balance of the fiscal year to maximize the opportunity of staying within the
SRCC Minutes (Regular) 02/19/2008 Page 5
SRCC Minutes (Regular) 02/19/2008 Page 6
budget. More importantly, should a number of these events line up, up to and including the state taking a
property tax grab, which they are allowed to do next year to the tune of approximately $800,000, staff
believed it prudent at this time to consider whether there could be some reductions in services or costs, or
possible revenue increases (not new taxes subject to a vote), items that could be passed through in terms of
fees, etc. Mr. Nordhoff reported that he would be working with staff to evaluate 5% options over the course
of the next three or four months, and these would be presented to the City Council. Should action be
required in the next fiscal year, the City Council would have choices on prioritizing revenues and deciding
what services mattered most, all in the context of keeping the budget balanced heading into next year.
Councilmember Connolly moved and Councilmember Brockbank seconded, to adopt the Resolution.
RESOLUTION NO. 12432 — RESOLUTION ADOPTING AMENDMENTS TO THE 2007-2008 BUDGET
AYES: COUNCILMEMBERS: Brockbank, Connolly, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
Councilmember Connolly moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 12433 — RESOLUTION ADOPTING THE MEASURE `S' COMMITTEE REPORT
COVERING THE ACTUAL FISCAL YEAR 2006-2007 GENERAL FUND EXPENDITURES AND THE PROPOSED
FISCAL YEAR 2007-2008 GENERAL FUND EXPENDITURES
AYES: COUNCILMEMBERS: Brockbank, Connolly, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
Mayor Boro expressed thanks to City Manager, Ken Nordhoff, Finance Director, Cindy Mosser, the members of
the Measure 'S' Committee and staff for their great work.
CITY MANAGER'S REPORT:
15. Critical Facilities Committee: - File 9-2-57
Indicating that the new Critical Facilities Committee was outstanding, City Manager, Ken Nordhoff, reported that on
Thursday, February 21, they would receive an update on the cost estimates from the Group 4 studies of
approximately four years ago that looked at space needs, seismic improvements and modernization of Police and
Fire stations, two community centers and library. He believed this would be an eye-opening exercise and to a
great degree, would help to influence how this group shaped its strategies going forward.
Mr. Nordhoff stated he had hoped to have a report in July; however, over the next couple of meetings he would
endeavor to ascertain from the committee whether this was sufficient time for them to accomplish their goal.
Mr. Nordhoff stated he would keep the City Council apprised of when a report would be forthcoming.
COUNCILMEMBER REPORTS:
16. "American Triaqe" — Pickleweed Park Communitv Center and Library: - File 9-1 x 267
Councilmember Miller announced that the play "American Triage" , dealing with the immigration raids of 2007, would
be performed at Pickleweed Park Community Center and Library on Friday and Saturday evenings, February 22
and 23, 2008, to be followed by a discussion with the playwright and the Youth Education Development Director,
Canal Alliance.
Commission on Children: - File 9-1
Councilmember Miller reported that he had been invited to join the Commission on Children which had assembled a
group to look into strategies for becoming strong advocates for young children.
Liaht Brown Apple Moth Eradication Proaram: - File 9-1
Councilmember Brockbank reported having attended very informative meetings last week on the Light Brown Apple
Moth Eradication Program. He expressed the hope that spraying would not be necessary in San Rafael as this
could become a major issue.
SRCC Minutes (Regular) 02/19/2008 Page 6
SRCC Minutes (Regular) 02/19/2008 Page 7
Joint Powers Authoritv Oversiaht Committee (MCCMC): - File 9-1
Councilmember Brockbank noted that because of a conflict he would be unable to attend the meetings of the Joint
Powers Authority Oversight Committee (MCCMC). Councilmember Connolly indicated he had agreed to be the
City's representative.
Grassroots Leadership Network: - File 9-1
Councilmember Connolly reported that on February 9, 2008 he had the pleasure of officiating at the swearing-in,
through the Grassroots Leadership Network, of a very enthused group of 25 tenants' rights advocates, at
Pickleweed Park Community Center and Library.
Solar Program: - File 9-1
Councilmember Connolly announced that he would present the introductory remarks at a program evaluating solar
financing options on March 6, 2008 at Pickleweed Community Center and Library, from 11:30 a.m. — 2:00 p.m.
Dovie Drive: - File 112-2 x 11-16
Regarding Doyle Drive funding, Mayor Boro reported that the Golden Gate Bridge District would in the next few days
issue a statement clarifying the status of the process and he would ensure Councilmembers received a copy. He
reported that the Bridge District had agreed to generate a plan to implement a Congestion Pricing Fee on the
Golden Gate Bridge for Doyle Drive to secure the $158 million. Hearings for the $5 and $6 toll would be held in
late February and in March, 2008.
Regarding the overrun, Mayor Boro was pleased to report that it had been substantially reduced from the $460 million;
however, a deficit still remained. He reported that San Francisco's Mayor Newsom received a letter from the
Secretary of Transportation indicating that the Congestion Pricing Fee should be used to find ways to fund public
transportation to offer alternatives to the car, and not to fund an overrun of the project.
Mayor Boro stated it was agreed to marshal all efforts to return to Washington D.C. in the next couple of months, using
the offices of the Mayor of San Francisco and his relationship with the Speaker, to try to find money at the federal
level, together with working with state representatives. Mayor Boro stated his personal goal was to not have a toll
on Doyle Drive, rather a Congestion Pricing Fee.
Mayor Boro confirmed for Councilmember Brockbank that the March 31St deadline for the grant would not be
extended.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:40 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2008
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 02/19/2008 Page 7