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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 4 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. SRCC Minutes (Regular) 02/19/2008 Page 3 SRCC Minutes (Regular) 02/19/2008 Page 4 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 SRCC Minutes (Regular) 02/19/2008 Page 5 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