HomeMy WebLinkAboutCC Minutes 2008-03-03SRCC Minutes (Regular 03/03/2008 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 3, 2008 AT 8:00 P.M.
Regular Meeting: Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
San Rafael City Council Greg Brockbank, Councilmember
Damon Connolly, Councilmember
Barbara Heller, Councilmember
Absent: None
Also Present: Ken Nordhoff, City Manager
Robert F. Epstein, City Attorney
Esther C. Beirne, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 4:00 PM
Mayor Boro announced Closed Session item.
CLOSED SESSION — CONFERENCE ROOM 201 - 4:00 PM
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:
8:OOPM
Material concerning the war in Iraq was submitted by Mr. John Jenkel, Graton, and distributed to the City Council.
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Brockbank seconded, to approve the Consent Calendar, as follows:
ITEM
2. Approval of Minutes of Regular Meeting of February 19,
2008 (CC)
3. Resolution Authorizing the City Manager to Execute
an Agreement for Fire Prevention Plan Review and
Field Inspection Services with Stuart Blakesley for: 1)
Temporary Infill for the Vacant Fire Inspector II
Position for Approximately 60 Days; and 2) Perform
Half-time Commercial Inspections as Established by
the City Council, for a Not -to -Exceed Budget of
$45,000 per Year for a Term of Two Years Ending
June 1, 2010 (CD) — File 4-3-462 x 9-3-85
RECOMMENDED ACTION
Minutes approved as submitted.
RESOLUTION NO. 12434 —
RESOLUTION AUTHORIZING AN
AGREEMENT WITH STUART
BLAKESLEY TO PROVIDE FIRE
PREVENTION PLAN CHECK AND FIELD
INSPECTION SERVICES
(Term: Two (2) years and three (3)
months commencing on March 3, 2008,
and ending on June 1, 2010)
SRCC Minutes (Regular) 03/03/2008 Page 1
SRCC Minutes (Regular 03/03/2008 Page 2
4. Call for Applications to Fill One Unexpired Term on
Approved staff recommendation:
the Design Review Board to the end of June, 2011,
a) Called for applications to fill one
due to the Resignation of Brent Dickens (CD) —
unexpired four-year term on the
File 9-2-39
Design Review Board, to expire the
end of June, 2011;
b) Set deadline for receipt of
applications for Tuesday, April 1,
2008 at 12:00 noon in the City Clerk's
Office, City Hall, Room 209;
c) Set date for interviews of applicants
at a Special City Council meeting to
be held on Monday, April 7, 2008,
commencing at 6:30 p.m.
5. Resolution Approving the Closure of Mission Avenue
RESOLUTION NO. 12435 —
between C and E Streets on Saturday, March 22,
RESOLUTION AUTHORIZING THE
2008 from 1:00 p.m. to 5:00 p.m. to Accommodate
TEMPORARY CLOSURE OF MISSION
Pedestrian Traffic to the Alice in Wonderland Spring
AVENUE BETWEEN C STREET AND E
Faire at Falkirk Cultural Center (CS) — File 11-19
STREET FOR THE FALKIRK SPRING
FAIRE
6. Resolution Approving the 2008 Agreement with the
Orca Swim Club for the Use of the Terra Linda
Community Pool (CS) — File 4-10-172 x 9-3-65
7. Resolution Authorizing the Director of Public Works to
Execute a Professional Services Agreement with
Jacobs/Carter Burgess When Specific Caltrans
Determined Funding Calendar Dates are Met for the
Non -Motorized Transportation Pilot Program (NTPP)
Project #2000 (Francisco Blvd. East Improvements) in
the Amount of $488,939.00 (PW) —
File 4-10-358 x 4-13-120
8. Resolution Authorizing the Director of Public Works to
Execute a Professional Services Agreement with
Kimley-Horn & Associates, Inc. When Specific
Caltrans Determined Funding Calendar Dates are Met
for the Non -Motorized Transportation Pilot Program
(NTPP) Project #2006 (Northgate Gap Closure) in the
Amount of $101,808 (PW) — File 4-10-359 x 4-13-120
RESOLUTION NO. 12436 —
RESOLUTION AUTHORIZING THE
EXECUTION OF THE 2008 AGREEMENT
WITH ORCA SWIM CLUB FOR USE OF
THE TERRA LINDA COMMUNITY
CENTER AND POOL
RESOLUTION NO. 12437 —
RESOLUTION AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO
EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH JACOBS / CARTER
BURGESS WHEN SPECIFIC CALTRANS
DETERMINED FUNDING CALENDAR
DATES ARE MET FOR THE NON -
MOTORIZED TRANSPORTATION PILOT
PROGRAM (NTPP) PROJECT #2000
(FRANCISCO BLVD. EAST
IMPROVEMENTS) IN THE AMOUNT OF
$488,939
RESOLUTION NO. 12438 —
RESOLUTION AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO
EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY-HORN &
ASSOCIATES, INC. WHEN SPECIFIC
CALTRANS DETERMINED FUNDING
CALENDAR DATES ARE MET FOR THE
NON -MOTORIZED TRANSPORTATION
PILOT PROGRAM (NTPP) PROJECT
#2006 (NORTHGATE GAP CLOSURE) IN
THE AMOUNT OF $101,808
SRCC Minutes (Regular) 03/03/2008 Page 2
9. Resolution Authorizing the Director of Public Works to
Execute a Professional Services Agreement with
Kimley-Horn & Associates, Inc. When Specific
Caltrans Determined Funding Calendar Dates are Met
for the Non -Motorized Transportation Pilot Program
(NTPP) Project #2004 (Terra Linda North San Rafael
Improvements) in the Amount of $102,079 (PW) —
File 4-10-360 x 4-13-120
SRCC Minutes (Regular 03/03/2008 Page 3
RESOLUTION NO. 12439 —
RESOLUTION AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO
EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY-HORN &
ASSOCIATES, INC. WHEN SPECIFIC
CALTRANS DETERMINED FUNDING
CALENDAR DATES ARE MET FOR THE
NON -MOTORIZED TRANSPORTATION
PILOT PROGRAM (NTPP) PROJECT
#2004 (TERRA LINDA NORTH SAN
RAFAEL IMPROVEMENTS) IN THE
AMOUNT OF $102,079
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Heller— from item #2 only, due to absence from meeting.
SPECIAL PRESENTATION:
10. INTRODUCTION OF SAN RAFAEL FIRE COMMISSION MEMBERS TO CITY COUNCIL (CC) —
FILE 9-2-5 x 9-1
On behalf of the City Council, Mayor Boro expressed thanks to Fire Commission Chair, Chuck Daniels,
and the Fire Commissioners present for the great job they do serving on the San Rafael Fire
Commission.
Mr. Daniels thanked Mayor Boro and the City Council for allowing the Fire Commission members to
appear before the City Council and he invited all Councilmembers to attend any or all Fire Commission
meetings.
Indicating that the purpose this evening was not only to introduce the City Council to the business and
professional people who serve on the Fire Commission, Mr. Daniels stated it was also to apprise the City
Council of their concern about the facilities of the San Rafael Fire Department. He noted that as first
responders, firefighters had to live in those facilities. He was aware of the many facilities in the City of
San Rafael that had to be taken care of; however, in none of those cases did first responders live in those
facilities. Mr. Daniels urged those Councilmembers who had not visited the fire stations to call and
receive a personal conducted tour. Expressing great satisfaction with Fire Chief Gray, Mr. Daniels
believed that Chief Gray would arrange to have personally conducted tours of each and every one of
those stations.
Reporting that he had been associated with the Police and Fire Departments in the City of San Rafael for
many years, Mr. Daniels noted that all of these facilities had deteriorated, were too old and not proper for
first responders.
Introducing Mary -Ellen Irwin, Mr. Daniels explained that she had been a Fire Commission member for
approximately fifteen years. Her assignment was to pay attention to neighborhood matters. She had
been very active in the neighborhood associations and had done a fantastic job. She lived in Fairhills
where she was also extremely active.
Introducing Dr. Stephen Mizroch, Mr. Daniels explained that Dr. Mizroch was on the staff of Kaiser
Permanente Hospital. He was a very important member of the Fire Commission because his
responsibility was to keep track of medical facilities, noting the preponderance of calls were medical.
Mr. Daniels reported that Fire Commissioner Peter Martin had to go to Oregon on family business and
was unsure whether he would be back in time for this evening's meeting. Noting Peter Martin was very
important on the Commission, Mr. Daniels reported that he was a former Captain of the Marin County
Fire Department and was most active in County fire affairs. He was also active in Sonoma County with
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their fire safe organizations, kept the Fire Commission apprised on issues and was a very hard working
member. He apologized on behalf of Peter Martin for his being unable to attend this evening.
Introducing Larry Luckham, the newest member of the Fire Commission, Mr. Daniels explained that Larry
was a developer, contractor, he understood buildings, served on the first Critical Facilities Committee and
was a member of the new Critical Facilities Committee. He invited Mr. Luckham to comment on the San
Rafael Fire Department's facilities.
Mr. Luckham emphasized the importance of keeping some of these issues to the fore on a daily basis
lest they fell by the wayside and ended up not receiving the attention they deserved. He believed that in
Chief of Police Odetto, Fire Chief Gray and their respective staffs, the City had absolutely first class, even
world class, public safety people. He noted that over the decades, the facilities and tools they worked
with had declined to second class status and believed something should be done about this because the
community depended on these people for health and safety and they deserved nothing less than first
class service. He believed all the citizens of San Rafael expected first class service from public safety
and public health personnel when the need arose; however, he realized that finances were always the
difficulty to be faced. He urged that a way be found to either raise the money or direct funds in the right
direction, to achieve not only first class staff but first class facilities also.
Mr. Daniels concurred with Mr. Luckham's comments on finding some way to improve facilities. He
stated that all members of the Fire Commission stood ready to help in any way Council directed.
Indicating that good government was making difficult choices, Dr. Mizroch stated he was aware the City
Council had difficult choices with a limited budget. He believed Fire and Police facilities, etc., had not
been maintained over the years and a commitment needed to be made to do something about it even if
not in the greatest budget times. Having visited a lot of fire stations throughout the state, Dr. Mizroch
believed San Rafael's were an embarrassment compared to many. He believed that in a large city such
as San Rafael with its population and tax base, it was not consistent to have this quality of fire stations.
Absent knowing where every dollar would come from today, he urged the City Council to make a
commitment and the Fire Commission was available to help find a way by whatever means necessary.
Mayor Boro thanked Mr. Daniels for his leadership and for bringing the Fire Commissioners to the City
Council meeting. Indicating it was great for the City Council also, he noted it was the first time a
Commission had appeared before the City Council.
Mayor Boro noted that the Critical Facilities Committee would reach the point soon of presenting some
recommendations and would be looking at potential funding mechanisms, etc. He indicated that from
surveys carried out, it was obvious the general public was not as aware of the conditions of the fire
stations as Fire Commission members. He suggested that tours of facilities, such as police, fire and
library, be offered to the community so they could see the situation first hand and meet the men and
women at the stations. Indicating that both the Police and Fire Departments were outstanding, Mayor
Boro stated they responded well, did their jobs extremely well and people were very satisfied; however,
the community was just not aware of how they lived currently. He suggested that perhaps the Fire
Commission could work with the City Council and Critical Facilities Committee on this issue going
forward. On receipt of the Critical Facilities report and prior to implementation, he believed community
support was necessary.
COUNCILMEMBER REPORTS:
11. a) Transportation Authoritv of Marin (TAM): - File 170
Councilmember Connolly reported that he attended the Transportation Authority of Marin meeting on
behalf of Mayor Boro on Thursday last, at which the list of priorities TAM would be submitting this
year was considered. Two notable projects - the Personal Rapid Transit (PRT) system, together with
a proposed Trolley system - while not on the list, were included as items of interest in a transmittal
letter. Consistent with what Mayor Boro had done in the past on behalf of San Rafael, he indicated
he opposed the inclusion of a flyover from 1 580 southbound to US 101, and noted the TAM Board
agreed to specifically include his opposition in the letter also.
SRCC Minutes (Regular) 03/03/2008 Page 4
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b) Leaque of California Cities: - File 9-11-1 x 9-1
Indicating that the League of California Cities had requested the City take a position on Propositions
98 and 99 on the June ballot, Councilmember Heller indicated she would request staff to prepare the
information for agendizing at the Council Meeting of March 17, 2008.
c) Potential Ballot Measure - Open Space. Clean Water and Fire Prevention: -
File 9-4 x 9-3-65 x 9-3-31
Mayor Boro reported that the County had compiled a team of people to evaluate a potential ballot
measure dealing with Open Space, Clean Water and Fire Prevention. He declined to join this
particular body because he believed the City Council had in no way reached any conclusion as to a
position on this issue; however, Carlene McCart had been attending to hear the proposal and she
would provide an update. While nothing formal was before the City Council this evening, he
indicated that at some point, a study session might be scheduled to present the County plan to the
City Council.
Ms. McCart explained this was a seventeen member group entitled -
"The Marin County Open Space and Parks Protection, Wildland Fire Prevention
and Farmland Preservation Expenditure Plan Working Group"
which was assembled to act as an advisory panel to county staff to develop recommendations on a
possible funding measure for open space, parks, wildland fire protection and farmland preservation.
The charge was to work collaboratively to determine the desired overall allocations for those
particular programs and begin to craft a message to the voters to solicit support, and finally to draft a
report to the County Board of Supervisors. Under consideration is a quarter -cent sales tax measure
for the November 2008 ballot.
Scheduled to meet seven times and having so far met twice, Ms. McCart reported that the group's
work would be finished in April with a recommendation to the Board of Supervisors at the end of April
or first part of May.
Ms. McCart stated that the work group included representatives from Novato, San Rafael, Mill Valley,
Fairfax and Corte Madera, consisting of staff, Councilmembers, and Council appointed members. It
included Fire Commissioners, former Fire Chiefs, Land Preservation activists, environmental
community representatives, bicycle community and equestrian groups' representatives, and Marin
County Supervisor Steve Kinsey.
Ms. McCart reported that to date the group had had an extensive review of the various masterplans
and planning strategies relating to parks and open space, county wildland fire prevention, together
with a separate one for agricultural land preservation.
Noting the needs for these programs were not very controversial, Ms. McCart reported that results of
polls taken in February and May of 2007 indicated a sizeable majority backing a combined fire
protection and open space sales tax measure; however, taken separately, would have a little less
support. She noted that the combined measures fell just short of the 66% approval rating needed to
go forward and Open Space Preservation and Clean Water fell just above 66%. In conducting these
polls it was found that anything that promoted clean water, preservation of habitat and water quality
rated high. Ms. McCart noted that none of the three programs ranked as an urgent public concern —
transportation was at the top of the list by a substantial margin.
Regarding revenue generating mechanisms, Ms. McCart noted that after that conversation the
assumption was that a ballot measure for a sales tax would be on the November ballot.
Reporting that the next meeting would be on Friday, March 7th, Ms. McCart stated that this would
focus on allocation, i.e., if successful, how would these moneys be allocated out to the three
programs, in what percentages and what, if any, direct allocations to local municipalities would be
part of the package. She indicated this would all be crafted together for what it was hoped would be
a successful campaign.
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Ms. McCart reported that the agricultural preservation programs indicated they needed approximately
$2.5 million annually to continue with their strategy of acquisition and conservation easement
projects. The County Fire Chief indicated approximately $3.5 million was needed to institute the
community wildlife protection plan approved last year, and Open Space and Parks had a need of
approximately $13 million annually to begin to work on the strategies that soon would be approved in
their new plan.
Noting the feeling was that even a quarter -cent sales tax measure would not cover all of these needs,
Ms. McCart stated there would have to be some back and forth resolution. The issues were worthy
ones for the County and no one was in disagreement over the plans and strategies. The measure
had the potential to have a countywide impact in a positive way on quality of life; however, it was
hoped that there would also be some specific allocations to cities to promote, for instance, San
Rafael's wildlife program, which complimented but was not the same as the County's, or park
development projects and strategies. She indicated it would take a few more meetings to understand
the will of the group or final recommendation.
City Manager Ken Nordhoff invited the City Council to consider how they would like staff to approach
this. While Carlene was glad to represent the City, there was also need for caution about the fact
that San Rafael was not necessarily advocating for or supporting something. Noting the necessity of
obtaining direction from the City Council regarding the extent of City involvement, Mr. Nordhoff
believed it was abundantly clear there was nothing currently in the discussions regarding any of
these programs sharing in money coming back to local agencies, which was a message to be
conveyed. He believed it was also abundantly clear that prior to the plan's completion the City
Council should have an opportunity to evaluate and react to it and provide some direction to staff on
how to proceed in the future.
Mr. Nordhoff noted that often with tax measures, particularly if they are countywide, the City Council,
as a body, is surveyed on whether they supported or opposed them. He believed Ms. McCart,
through her efforts, would keep the City Council up to speed, together with working with Fire Chief
Gray to ensure he was involved in the fire aspects.
Mr. Nordhoff confirmed for Councilmember Heller that separate, independent deliberations were
taking place regarding a sales tax measure to fund the County library systems. He noted a series of
tax measures could be queuing up for November, 2008.
Noting Mr. Nordhoff stated that as it appeared now, there would not be any money coming back to
local agencies, yet guessed people might ask Councilmembers for their endorsement,
Councilmember Brockbank inquired whether Mr. Nordhoff meant collectively, or as individual
Councilmembers.
Believing the answer to be yes to both questions, Mr. Nordhoff confirmed that often when measures
such as this come forward, particularly if countywide, in its official capacity, the City Council as the
seated body, could be invited to take a position; however, he believed it would depend on how input
over future meetings evolved and whether there was some local share revenue for the City. He
believed the next step was to understand the plan and should it have no direct impact to the City, the
answer was fairly simple.
Deferring to Mr. Nordhoff's experience as to whether or not these types of tax measures usually
came before City Councils to vote as a body even when not directly affecting City finances,
Councilmember Brockbank believed it was not necessarily a good idea. He reported that at a
SMART (Sonoma/Marin Area Rail Transit) meeting he attended last week, it was indicated that from
the few times they tried to ask City Councils for endorsements a couple of years ago, they decided it
was a mistake, as it became a media circus and they did not intend to repeat it this year, rather they
would request endorsement from individual Councilmembers.
Confirming that no Council action was required this evening, Mayor Boro stated that since this was a
countywide measure he believed the Board of Supervisors would want as many City/Town Councils
as possible to endorse it. It was important that Ms. McCart continue to represent the City, and should
the measure proceed to the ballot, it could be presented at a study session so that the City Council
could better understand it. He noted the library was a separate issue being pursued.
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Unaware of any SMART meeting last week, Mayor Boro stated he believed SMART would request
endorsements from towns and cities, noting two years ago, the San Rafael City Council did endorse
the SMART project. He noted each Councilmember would receive white papers containing a
compilation of frequently asked questions and answers concerning issues raised in prior campaigns,
to bring some clarity to some of the more contentious issues that had arisen.
d) Dovle Drive: - File 112-2 x 11-16
Mayor Boro noted he had provided the City Council with copies of a letter to San Francisco Mayor
Newsom, signed by Mike Kerns, Chair, Sonoma County Board of Supervisors, Charles McGlashan,
Chair, Marin County Board of Supervisors and himself (Mayor Boro, San Rafael) outlining the issues
discussed at their recent meeting. The letter stated the Golden Gate Bridge District was planning to
go forward — all three signatories were members — and that as part of the toll increase, the District
would evaluate a Congestion Pricing Fee. He noted that the $158 million of federal money needed to
have a plan in place to begin collecting a Congestion Pricing Toll by September, 2009, and this was
one of the reasons San Francisco wanted to obtain authority from the Legislature to implement a toll
plan.
Mayor Boro stated he received a response from Mayor Newsom today agreeing with all points,
except with respect to the money collected for the Congestion Pricing Fee. Mayor Boro explained
the Bridge District believed these funds should be used for additional public transit services in Marin
so that those choosing not to pay the toll had the option of additional bus, or perhaps ferry service.
Mayor Newsom had agreed to return with a delegation to Washington, D.C., to meet with the
appropriate Congressional representatives, as well as the Secretary of Transportation and the
representatives having oversight of the Presidio from the Department of the Interior.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:31 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2008
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 03/03/2008 Page 7