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HomeMy WebLinkAboutCC Minutes 2008-07-07SRCC Minutes (Regular) 07/07/2008 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 07, 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 — 7:30 PM Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM ROOM 201 — 7:30 PM Conference with Labor Negotiators — Government Code Section 54957.6(a) Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Nancy Mackle, Ken Nordhoff, Chris Gray Employee Organization(s): San Rafael Fire Chief Officers' Association San Rafael Firefighters' Association Mayor Boro announced that the Closed Session would resume at the conclusion of the City Council meeting. Closed Session resumed at 9:45 p.m. Mayor Boro announced at 11:35 p.m. that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:15 PM a) Coastal Post Newspaper:- File 9-1 Mayor Boro noted the City Council had received a letter from Dr. Michael J. Franzblau and invited him to speak. Dr. Michael J. Franzblau, Terra Linda, requested that the Coastal Post Newspaper be prohibited from being distributed at City Hall, as its editorial policy was anti-Semitic, anti -Israel and anti -Zionist. He stated that in his written request there was no First Amendment issue, however he pointed out that in becoming an enabler one was guilty of racism. As a veteran of the Second World War, he stated he was outraged that 60 plus years after he fought in the United Sates Army Air Corps he would be facing the same type of denigration his brothers and sisters faced in Europe. Mayor Boro requested City Attorney Epstein take the matter under advisement and bring an opinion to the City Council at the next City Council meeting. Mayor Boro noted Councilmember Brockbank had indicated to him that possibly two people would like to address the City Council on the issue of Sobriety Checkpoints; however, he now understood ten people would like to speak. In fairness, therefore, he stated that he would enforce the stated time of one minute per speaker to this item. b) Citizens' Right to Speak: - File 9-1 John Orteaa invited the City Council to agendize an item dealing with a key legal precedent for restoring citizens' rights to be represented by local government. He cited the 1967 California Supreme Court case Farley v. Healey, which held "that representatives of local communities, community Boards of Supervisors and City Councils have traditionally made declarations of policy on matters of concern in the community, whether or not they have power to effectuate such declarations by the legislation. Indeed one of the purposes of local government is to represent its people before the congress, the legislature and administrative agencies in matters over which the local government has no power. Even in matters of foreign policy, it is not uncommon for local legislative bodies to make their positions known." He concluded that a great deal had been done already in terms of services but this was a very serious matter. SRCC Minutes (Regular) 07/07/2008 Page 1 SRCC Minutes (Regular) 07/07/2008 Page 2 c) Sobrietv Checkpoints: - File 9-1 x 9-3-30 Norman Carlin, Social Justice Center, expressed concern with the sobriety checkpoints conducted by the San Rafael Police Department on June 11, 2008, and submitted material for the City Council. Having read the article in the Marin Independent Journal he had some questions, i.e., of the 47 drivers arrested, only four were for suspicion of driving under the influence. 39, however, were arrested for driving without a license and 44 vehicles were impounded. He stated that the San Rafael Police's Legal Requirements document requires checkpoint locations be chosen carefully with discretion and with regard to effectiveness. He questioned whether the locations were chosen to reduce intrusiveness and to avoid the serious disruptions of lives of the people in the Canal district, many of whom were denied the chance of acquiring licenses. He also cited Item 7 of the Requirements of Sobriety Checkpoints, quoting: "Police operating sobriety checkpoints of roadblocks should detain each motorist only long enough for the officers to question the driver briefly and look for signs of intoxication such as alcohol on the breath, slurred speech and glassy or bloodshot eyes. If the driver does not display signs of impairment he/she should be permitted to drive on without further delay." He noted there was no requirement to request drivers' licenses, and in fact, it could even be contra-indicated. Laurie Schrvver, San Rafael, stated she went through the sobriety checkpoints and her eyes were not looked at nor was she asked for a license. Her main concern as a resident related to systemic racism and she would like to have this issue agendized for further discussion. Wendv Tanowitz suggested that the issue of sobriety checkpoints, targeting of certain racial groups, and certain areas where these racial groups were known to live be agendized for the next City Council meeting. Regarding Dr. Franzblau's comments, Ms. Tanowitz believed this country was fighting wars externally and doing an ethnic cleansing internally of those considered suspicious people, political dissidents, people of their own color, or people of their own economic class. David Rubinson stated that the police were legally bound to follow the Ingersoll v. Palmer decision in the California Supreme Court, which they were not following and must be made to do so. Quoting from the Ingersoll decision he stated: "The primary purpose of a sobriety checkpoint is not to detect evidence of crime or arrest drunk drivers but to promote public safety." People were not supposed to be frisked or asked for drivers' licenses or have IDs checked. Understanding that for the safety of the public, drunk drivers should be prevented; however, out of a thousand people stopped in the last two sobriety checkpoints, exactly eight were arrested for DUI, which was transparent and could not continue. He requested that the item be agendized for the next City Council meeting for public discussion. Jim Geraahtv, Canal Resident and Co -Chair of Marin Immigrant Rights Coalition, requested that the City cease locating checkpoints at the gateways to the Canal neighborhood. He reiterated the point about systemic racism; however, there also was institutionalized racism. Aware that undocumented people live in the Canal, he stated that these people are ravaged from the time they cross the border and this was adding to their suffering. He believed the way checkpoints were being set up in the Canal was similar to the tactics that ICE was using. It was known that devastation would be caused to families because of impounded cars, licenses, going to jail, and deportation. He stated that immigration laws in the United States needed to be fixed, and the City should stand and support the backbone of the people who work in local communities. Zhenva Spake stated he was concerned about what his taxes were being used for and questioned whether this was an appropriate use. He would like to discuss whether there were other ways of creating a safe community in terms of reducing drunk driving. He did not believe this was the way to do it, that it was a waste of money, and a violation of human rights. He requested that the item be agendized for discussion at the next City Council meeting. Emilv Svkes, Chair, Social Justice Center of Marin, stated that her group frequently partners with other community groups who were having an issue with social justice. She had been in contact with the Consilio Group in the Canal who informed her they presented a wish list to the San Rafael Police Department and wanted to know its status. They would like to begin a meaningful dialogue with the Police Department about the impact of the 30 -day car impound, in cases of driving without a license. They would like to investigate the possibility of not impounding these cars like the City of Bell Gardens in California. Secondly, as a sign of solidarity and in good faith with the community the Police Department should commit to speaking with City officials about no longer applying for funds that obligate the Department to conduct driver's license checkpoints. She requested that the issue of sobriety checkpoints be agendized for a future meeting. Scott Ahlf, Marin resident, stated that when the decision came down in Michigan Department of Police v. Sitz in 1986 that legalized checkpoints, they acknowledged that this did infringe on the Fourth Amendment, but that keeping drunk drivers off the road was very important. In the decision of Ingersoll v. Palmer rule #4 states: "this checkpoint location must be reasonable and based on higher incidences of drunk driving." Setting up checkpoints only in the Canal would obviously reinforce drunk driving convictions. Even at that in 2007 out of 471 people caught, only 4 were charged with a DUI. He inquired whether statistics on drunk driving were available to the public (he would be interested in seeing what Fourth Street had) and if not, he would like to see the issue agendized at the next meeting. SRCC Minutes (Regular) 07/07/2008 Page 2 SRCC Minutes (Regular) 07/07/2008 Page 3 Alan Barnett, Mill Valley resident and a member of the Marin Peace and Justice Coalition reported that many of the people who work in Mill Valley live in the Canal. He stated that all or most of the Council marched on May 1 st a year ago with the Canal Community. He felt it was important to remember that Marin County was one of only eight counties in California in 1994 that voted against the racist Proposition 187, which was finally overturned by the State Supreme Court. Requesting that this tradition be continued and sustained, he urged continuing dialogue about how to solve the problems of racism and immigration in the community and he supported agendizing this issue as soon as possible. Mayor Boro requested the City Attorney and Chief of Police to work together on a written report to the City Council within the timeframe of the next City Council meeting on the issues raised, procedures used and how they are implemented, etc. Subsequently, the City Council would decide on whether or not to conduct a hearing. d) Coastal Post: - File 9-1 Craia Slater, noting he did not hear the entire comments made by Dr. Franzblau, stated he had worked for the Coastal Post for the past ten — twelve years and did not believe it to be racist, as could be judged from copies he submitted to the City Clerk for the City Council. He challenged anyone who felt the newspaper was racist to present specific articles to prove their point. He saw the paper as a beacon of free speech in a time when free speech was very important. They have to confront many controversial issues and this paper was, of all papers in Marin, the one that did. It was very open to many different points of view and he did not believe it to be racist. Indicating he was wearing the button that supported zero tolerance for racism in the Canal, he stated he would like to see this apply to all issues. Mayor Boro confirmed for Mr. Slater that Dr. Franzblau requested that the paper not be distributed at City Hall, while recognizing and acknowledging their right to print whatever they wished. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Brockbank seconded, to approve the Consent Calendar as follows. 4 63 ITEM Approval of Minutes of Regular City Council Meeting of June 2, 2008, and Special and Regular Council Meetings of June 16, 2008 (CC) Resolution Noticing Review of the City's Conflict of Interest Code, Directing the City Clerk to Advise Departments to Review the List of Designated Positions and Disclosure Categories, and Directing the City Attorney to Prepare Any Necessary Revisions to Said Code (CA) — File 9-4-3 Resolution of Appreciation for Resigning Design Review Board Member Ann Crew (CD) — File 102 x 9-2-39 Consideration of a Resolution Authorizing the City Manager to Execute the Third Amendment to the Agreement with Bartel Associates, LLC, Extending the Term and Adding No Additional Funds for "Other Post Employment Benefits" (OPEB) Actuarial Services (CM) — File 4-3-476 Resolution Authorizing the City Manager to Execute an Agreement with Kennedy/Jenks Consultants in an Amount Not to Exceed $50,000, RECOMMENDED ACTION Minutes approved as submitted. RESOLUTION NO. 12522 — RESOLUTION NOTICING REVIEW OF THE CITY'S CONFLICT OF INTEREST CODE, DIRECTING THE CITY CLERK TO ADVISE CITY DEPARTMENTS TO REVIEW THE LIST OF DESIGNATED POSITIONS AND DISCLOSURE CATEGORIES AND DIRECTING THE CITY ATTORNEY TO PREPARE ANY NECESSARY REVISIONS TO SAID CODE RESOLUTION NO. 12523 — RESOLUTION OF APPRECIATION TO ANN CREW, RESIGNING SAN RAFAEL DESIGN REVIEW BOARD MEMBER RESOLUTION NO. 12524 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND BARTEL ASSOCIATES, LLC TO CONDUCT AN OPEB ACTUARIAL STUDY RESOLUTION NO. 12525 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT SRCC Minutes (Regular) 07/07/2008 Page 3 8. 10 for a Methane Capture Feasibility Study Within the City of San Rafael and Areas Served by the Central Marin Sanitation Agency (Grant from PG&E) (CM) — File 4-3-492 Resolution Authorizing Execution of Contract for Consultant Services with William Avery & Associates, Inc. for Executive Recruitment of Public Works Director (CM) — File 4-3-493 x 9-3-40 a) Resolution Appropriating Unappropriated Revenues for Fiscal Year 2007-2008 b) Resolution Approving Fiscal Year 2008-2009 GANN Appropriation Limit (Fin) — File 8-5 Resolution Setting the Loch Lomond Special Assessment District Tax Rates on All Taxable Property Within the Community Facilities District No. 1992-1 for Fiscal Year 2008-2009 (Fin) —File 6-50 x 9-12-1 Resolution Authorizing the Public Works Director to Purchase a Tymco 600 Street Sweeper from GCS Western Power & Equipment in the Amount of $177,368.00 (PW) — File 4-2-351 x 9-3-40 SRCC Minutes (Regular) 07/07/2008 Page 4 WITH KENNEDY/JENKS CONSULTANTS IN AN AMOUNT NOT TO EXCEED $50,000 FOR A METHANE CAPTURE FEASIBILITY STUDY WITHIN THE CITY OF SAN RAFAEL AND AREAS SERVED BY THE CENTRAL MARIN SANITATION AGENCY (GRANT FROM PG&E) RESOLUTION NO. 12526 — RESOLUTION AUTHORIZING EXECUTION OF CONTRACT FOR CONSULTANT SERVICES WITH WILLIAM AVERY & ASSOCIATES, INC. FOR EXECUTIVE RECRUITMENT FOR A PUBLIC WORKS DIRECTOR/CITY ENGINEER a) RESOLUTION NO. 12527. RESOLUTION APPROPRIATING UNAPPROPRIATED REVENUES FOR FISCAL YEAR 2007-2008 b) RESOLUTION NO. 12528 - RESOLUTION APPROVING FISCAL YEAR 2008/2009 GANN APPROPRIATIONS LIMIT AT $61,964,197 RESOLUTION NO. 12529 — RESOLUTION SETTING THE SPECIAL ASSESSMENT DISTRICT TAX FOR LOCH LOMOND #10 FOR FISCAL YEAR 2008-09 AT $548 PER PARCEL, EXCEPTING EXEMPT ASSESSOR PARCEL NOS. 16-330-12,13,14 RESOLUTION NO. 12530 — RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO PURCHASE A TYMCO 600 STREET SWEEPER FROM GCS WESTERN POWER & EQUIPMENT IN THE AMOUNT OF $177,368 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT ABSTAIN: COUNCILMEMBERS: Mayor Boro (from item #6 only, due to potential conflict of interest) SRCC Minutes (Regular) 07/07/2008 Page 4 SRCC Minutes (Regular) 07/07/2008 Page 5 SPECIAL PRESENTATION: 11. PRESENTATION OF RESOLUTION OF APPRECIATION TO RESIGNING DESIGN REVIEW BOARD MEMBER ANN CREW — FILE 102 x 9-3-39 For the benefit of the audience, Mayor Boro reported that Ms. Crew was retiring from the Design Review Board having served since September 8, 1988 and the service she had given the community was very much appreciated. Noting she had served as Chair of the Design Review Board on two occasions, Mayor Boro noted the Resolution of Appreciation included a list of the many projects she had overseen in these ten years. He noted she had worked on Vista Marin, the Lofts at Albert Park, Redwood Village, McInnis Apartments, Chapel Cove, Alma Via, Aldersley, Capri Condominiums, improvements at Dominican University Recreation Center and Science Building and recently on upgrades at Marin Academy, expansion of Pickleweed Community Center, Loch Lomond Marina Village, Target, Best Buy and many other applications, including several car dealerships. Mayor Bore noted that during her tenure on the Design Review Board Ann had provided insightful input on several long range planning projects, including a rewrite of the Sign Ordinance and the City's Design Guidelines, for which he expressed thanks. Ms. Crew's participation on the Design Review Board was characterized by her thoughtful preparation for meetings, her excellent ability to tactfully convey design directions to applicants and her interest in improving the physical qualities of the City of San Rafael. Mayor Boro congratulated and thanked Ann Crew for the great job she had done. Expressing thanks Ann Crew stated it had been a wonderful ride for ten years, albeit not always easy, as difficult problems were dealt with. She thanked Bob Brown, Raffi Boloyan, Kraig Tambornini, Linda Jackson and the entire staff. Having worked all over the Bay Area as an architect with Planning Departments, she believed San Rafael had the best. PUBLIC HEARINGS: 12. Public Hearinq—RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO REVISE THE COMMUNITY DEVELOPMENT DEPARTMENT HOTEL AND APARTMENT UNIT INSPECTION FEE — FILE 9-10-2 x 9-3-85 x 240 Mayor Boro declared the Public Hearing opened Cindy Mosser, Finance Director, stated that Council's consideration of this resolution would revise the Master Fee Schedule for the Hotel and Apartment Unit Inspection Fees. She reported that in late 1996, the City Council commissioned a study to identify the full cost of services provided to the community. Since that time there had been several updates with the last one being in June of 2007. Since the June 2007 update, several changes took place, mainly related to personnel costs and this update was required so that staff could submit these rates to the County to meet their tax roll deadline. Ms. Mosser stated staff estimated that these changes to the proposed fees would increase total revenue to about $27,000.00 per year. The report was developed with assistance from Eric Davis of the City Attorney's office, Bob Brown and Lynda LeVeque of Community Development, and Andrew Thompson, Revenue Supervisor. Councilmember Brockbank noted the study began in 1999 and was updated every four years thereafter, in 2003 and 2007, and inquired as to why it was being done now, one year later. Ms. Mosser explained there were several updates and those were the thorough updates. As it takes a lot of time it was not done every single year; however, there were updates almost every year, some of which were CPI indexed. Staff would try to do it again this year because of several changes with compensation, employee changes and reorganizations from last year which they wished to capture. Councilmember Brockbank stated that the 20 some -odd percent increase seemed high for a one year increase. Ms. Mosser stated this related to personnel costs and confirmed that a year ago it was a little low and this was bringing it back up to where it should be. There being no comment from the audience, Mayor Boro closed the public hearing. Councilmember Miller moved and Councilmember Connolly seconded, to adopt the Resolution SRCC Minutes (Regular) 07/07/2008 Page 5 SRCC Minutes (Regular) 07/07/2008 Page 6 RESOLUTION NO. 12531 — RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO REVISE THE COMMUNITY DEVELOPMENT DEPARTMENT FEES FOR HOTEL AND APARTMENT UNIT INSPECTION FEE AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. PUBLIC HEARING — CONSIDERATION OF SETTING THE VOTER -APPROVED PARAMEDIC SERVICES SPECIAL TAX IN THE CITY OF SAN RAFAEL. CSA 19, CSA 13, AND MARINWOOD CSD, AND ADOPTION OF AN ORDINANCE ESTABLISHING TAX RATES FOR FISCAL YEAR 2008-2009 FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES — FILE 9-12-1 x 9-3-31 x 8-5 Mayor Boro declared the public hearing opened Ms. Mosser stated that the adoption of this ordinance would establish the paramedic tax rate for the fiscal year 2008-2009 for the City of San Rafael, for County Service Area 19, County Service Area 13, and the Marinwood Community Service District. She reported that the Paramedic Program was approved by the voters In 1979, and this allowed the City Council to approve tax rates based upon the cost of operating the paramedic, and changes in law and voter authority modified how this process had worked over the last few years. In November 2006, the citizens of San Rafael passed Measure P which established a ceiling of $85.00 for the residential tax rate and $.11 per square foot ceiling for non-residential units. Measure P is valid from July 2007 to June 2011 and the three other jurisdictions adopted similar ceilings and time periods. For 2008-2009, the cost of running the paramedic program is $4.9 million with no significant changes to the operations of the paramedic program. She indicated that staff proposes a residential rate of $77.00, a $2.00 increase, which would be the rate for the three other jurisdictions. The residential sector makes up about 63.8% of the total paramedic resources. Also proposed was an increase to 9.6 -cents per square foot for non-residential units, and Ms. Mosser noted that commercial and industrial customers comprise approximately 36.2% of the total tax. Ms. Mosser reported that Fire Chief Chris Gray, Administrative Chief Officer, Keith Schoenthal, and she met with the County, Marinwood, and members of Associations 19 and 13 in June 2008 to notify them of the rate changes. Councilmember Brockbank inquired as to the location of Service Area 13. Mr. Nordhoff explained that the paramedic program is in an area called Zone B which covers the southern part of San Rafael, up through the hills just south of Novato, encompassing the two CSA areas and Marinwood. Councilmember Brockbank confirmed this to be the City limits plus the unincorporated areas. Councilmember Brockbank noted that the Paramedic Service next year could be tied in with the Fire Service and inquired how the Paramedic costs would be separated out. Ms. Mosser explained that the Fire Department had specific people tied to the program with a separate fund. Personnel Requisitions identify and point out that these are paramedics actually being paramedics with their paramedic pay. Mr. Nordhoff added that since the tax authority had increased over time from the inception of the program, as ambulances were added or services expanded, this had been folded into the program, fully funding the cost of 18 paramedics and ancillary costs of other staff, as well as operations. This had not changed in terms of service level in the last few years. Ron Marinoff, Chairman, Advisory Council for County Service Area 13, spoke in support of the ordinance and commended the City and Chief Gray for the professionalism of the paramedic staff. He had occasion some years ago to need their help and he had also talked to many residents who also had used the service and the acclaim was universal for the way in which they were treated. Mr. Marinoff that CSA 13 was the 538 homes to the west of the County farm (Juvenile Hall), on the north side of Lucas Valley Road. For CSD, the property included does not have to be contiguous, rather it jumps over CSA 13 and was annexed to the Marinwood Community Services District rather than CSA 13. CSA 13 purchased the 286 acres of open space behind their homes for $300,000. He thanked Chief Gray for the men and women of the Fire Service. There being no further comment from the audience, Mayor Boro closed the public hearing. The title of the ordinance was read: SRCC Minutes (Regular) 07/07/2008 Page 6 SRCC Minutes (Regular) 07/07/2008 Page 7 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX RATE, COMMENCING WITH FISCAL YEAR 2008-2009, AT THE RATES ALLOWED IN ORDINANCE NO. 1846 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL; AND FURTHER CONFIRMING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2008-2009 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, THE MARINWOOD COMMUNITY SERVICES DISTRICT, COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19 ($77.00 FOR RESIDENTIAL AND $.0960 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTY)" Councilmember Connolly moved and Councilmember Miller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1867 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OTHER AGENDA ITEMS: 14. CONSIDERATION OF RESOLUTIONS RE: BUDGET ISSUES: (FIN) —FILE 8-5x9-2-58 x9-1 a) RESOLUTION ADOPTING REPORT FROM MEASURE `S' COMMITTEE b) RESOLUTION ADOPTING AMENDMENTS TO THE CITY BUDGET FOR FISCAL YEAR 2007-2008 c) RESOLUTION ADOPTING THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2008-2009 Finance Director Cindy Mosser reported that she was presenting the City's budget for Fiscal Year 2008- 2009 and the amendments to the Fiscal Year 2007-2008. She stated that on June 4 and June 16 staff presented estimated budgets and guidance on several budget options to the City Council, listed as Exhibit 5 in the staff report. These included the freezing of six positions, reducing reserves in the liability in Workers' Compensation and the vehicle equipment fund, reducing police overtime, due to training and rescheduling changes. Also the library was using its transaction based reimbursement funds to partially offset some of their materials budget. Ms. Mosser estimated the total appropriations to be $83.1 million. Ms. Mosser stated that some of the highlights of the revenue predictions included a modest growth for the Transactions and Use Tax, to $6.95 million, a decrease in Sales Tax of 2.2%, and Paramedic Tax at $77.00. Some amendments were made to the City Budget since formally approved for the 2007-2008 year and Exhibits A and B illustrate the changes since February; therefore for Fiscal Year 2007-2008 appropriations were at $91.1 million and revenues at $88.96 million. Ms. Mosser referred to Exhibit C, the report from the Measure S Committee, and stated that Larry Luckham, Measure S Oversight Committee Chair, was present should there be questions. The Measure S Committee found that the Transactions & Use Tax revenues were being used to maintain critical services, especially for the General Fund for 2006-2007 and the 2007-2008 Budget. Ms. Mosser stated they expressed some concern about the three positions in Public Works and the one in the Police Department that were not being filled for 2008-2009, due to budgetary considerations; however they noted that the Measure S revenue increases were not appearing to keep up with projected increases and expenses. Ms. Mosser noted that the staff report did not address any of the unfunded needs presented to the Council on June 4t", and staff would like to be able to present these to the City Council later in the year after finalization of the State's budget and with true ending balances for 2007-2008. Ms. Mosser thanked all the departments for their assistance with the budget, and especially, Van Bach and Carl Tregner, Accountant. Mr. Nordhoff noted that quite a few unfunded service or project options were discussed at the last study session, and rather than try to pour through this evening again and obtain Council's prioritization, given the fact there was no funding to address any of these, staff would like to return with these items — building reserved, facility funding, technology improvements, Wildland Urban Interface funding, etc., in September when the books were basically closed and the State had done whatever it was going to do. Assuming there was discretionary money, Council could help prioritize this and put it to work as they saw fit. SRCC Minutes (Regular) 07/07/2008 Page 7 SRCC Minutes (Regular) 07/07/2008 Page 8 a) Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 12532 — RESOLUTION ADOPTING THE MEASURE `S' COMMITTEE REPORT COVERING THE ACTUAL FISCAL YEAR 2006-2007 GENERAL FUND FIGURES, REVISED FISCAL YEAR 2007-2008 GENERAL FUND BUDGET AND THE PROPOSED FISCAL YEAR 2008-2009 GENERAL FUND BUDGET AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b) Councilmember Brockbank moved and Councilmember Connolly seconded, to adopt the Resolution. RESOLUTION NO. 12533 — RESOLUTION ADOPTING AMENDMENTS TO THE 2007-2008 BUDGET AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None c) Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 12534 — RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR JULY 1, 2008 — JUNE 30, 2009 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET IN THE AMOUNT OF $83,124,103 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 15. CONSIDERATION OF RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE GRAND JURY REPORT ENTITLED "GANGS IN MARIN" (CA) — FILE 269 x 9-3-30 City Attorney Robert Epstein referred to a report dated May 14, 2008, "Gangs in Marin", where the currently comprised Marin Grand Jury made several findings and recommendations and submitted the report to the City and a number of other public agencies in Marin County for a formal response. The Grand Jury made numerous findings and recommendations regarding the existence and activities of gangs in Marin County and the responses of various law enforcement departments and agencies within the County. He noted that a copy of the Grand Jury Report Findings and Recommendations were attached to the staff report. Mr. Epstein stated that Chief of Police Matt Odetto reviewed the report and drafted a response which was reviewed by the City Attorney's office. The City was required by penal code to provide a response to the Grand Jury report and in compliance with the law, the Police Department had drafted for Council's consideration a proposed response, copy of which was also attached. Mr. Epstein reported that in essence, the response agreed with the findings and recommendations of the Grand Jury, and confirmed the Council's confidence in its Police Chief and Police Department and the work they are performing in the control of gang activity in San Rafael and in Marin County. Mr. Epstein stated it was staff's recommendation that the Council adopt the resolution approving the response to the Grand Jury report authorizing that the Mayor may execute it, and direct the Clerk to forward the response to the presiding judge of the Marin County Superior Court and the foreperson of the Grand Jury. Councilmember Connolly moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 12535 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2007-2008 MARIN COUNTY GRAND JURY REPORT ENTITLED "GANGS IN MARIN" AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 07/07/2008 Page 8 SRCC Minutes (Regular) 07/07/2008 Page 9 COUNCILMEMBER REPORTS: (includinq AB 1234 Reports on Meetinqs and Conferences Attended at Citv Expense) 16. a) History Tour of Downtown San Rafael: - File 9-1 Councilmember Brockbank reported on having taken a history tour of Downtown San Rafael by the Marin History Museum at the Boyd Gate House a few weeks ago, which he highly recommended. He indicated that it takes place on the third Saturday of each month at 10:00 a.m. for the next few months. b) CERT: - File 9-1 x 9-3-31 Councilmember Brockbank stated he had signed up for next month's CERT course, which he recommends. He inquired as to what courses Councilmembers had to take in order to give them a certain minimal level of certification in terms of disaster preparedness. Mr. Nordhoff confirmed that there is a required entry-level course for elected officials, and while CERT would go above and beyond that requirement, he was unsure whether it met that requirement as there are specific Federal and State requirements. Mr. Schutz stated that an item on this issue would be agendized for the second Council Meeting in August. c) California Civic Leadership Institute: - File 9-1 Councilmember Connolly reported that through the League of California Cities he was accepted into the California Civic Leadership Institute where 50 Councilmembers from around the State participate yearly. He and Councilmember Lee Pierce of Santa Rosa were participants from the North Bay. Recently he attended a session in Sacramento on Disaster Preparedness and would participate in the main program in August, which was a three- day multi -faceted session, with a follow-up session in the fall. d) Water Emergencv Transportation Authoritv (WETA): - File 9-1 Councilmember Heller reported having attended the Community Advisory Committee (CAC) of the Water Emergency Transportation Authority in June and received an update on the re-establishment of the CAC. She indicated that two ferry boats would be delivered in September — Oyster Point and South San Francisco — and noted that a new Executive Director had been selected. Councilmember Heller stated she did not believe San Rafael needed to be an active participant at this time; however, she advised that the Golden Gate Bridge District appoint a representative to the CAC. Mayor Boro stated that on behalf of the City Council he was appointing himself to represent the City and should anything arise with respect to the Golden Gate Bridge District, he would make that know to them. e) Marin Telecommunications Aaencv (MTA): - File 4-13-101 Councilmember Heller reported that the Marin Telecommunications Agency (MTA) had approved the contract between MTA and the Community Media Center and some revisions would be needed for final approval. The Community Media Center's purpose was to support the use of the Public, Educational and Government (PEG) channels. Comcast would initially provide three analog PEG channels; however, in the future there will be a total of six digital channels. An Executive Director was appointed and would be moving to Marin in mid-July. The Board also met in June and approved the Dedicated Access Provider (DAP) agreement, an agreement with MTA and CMCM, which outlines the service obligations, performance standards and funding. f) Transportation. Communications and Public Works Policv Committee: - File 9-1 Councilmember Heller reported having attended the Policy Committee meeting for the Transportation, Communications and Public Works. With regard to legislative updates, she reported that information was beginning on the Digital Transition Alert, which would require all television stations to stop analog broadcasts and switch to digital after February 17, 2009. g) Hands -Free Cell Phone Laws: - File 9-1 x 9-3-30 With regard to the Hands -Free Cell Phone Laws, Councilmember Heller stated she was interested to learn that while the fine would be $20 per incident, no points would accrue on one's license. The total amount with court costs could reach $70, and she noted that Public Safety was excluded from the law. h) Hi -Speed Trains Bond Act for the 21s` Centurv: - File 9-1 Councilmember Heller reported that the Hi -Speed Trains Bond Act for the 21St Century would be noted as Proposition 1 on the November Ballot - $9.95 billion in general obligation bonds to build the high-speed rail system. i) U.S. Conference of Mavors: - File 9-1 Mayor Boro reported on issues discussed at the U.S. Conference of Mayors which he attended in Miami on June 20-24, 2008. He reported that there were addresses from Senator Barack Obama , former President Bill Clinton, several Governors and two or three United States Senators. With regard to the issue of "Going Green" he was pleased to report that while San Rafael might not be in the complete forefront, the City was way ahead of others. SRCC Minutes (Regular) 07/07/2008 Page 9 SRCC Minutes (Regular) 07/07/2008 Page 10 • Infrastructure — was a big issue throughout all cities, as well as San Rafael - crumbling infrastructure, whether it be roads or streets, sewer lines, public buildings, etc., and hopefully with a new approach in Washington funds could be coming. • Home Foreclosures - The impact on people losing their homes and what the Federal government may or may not do to assist people who are losing their homes due to foreclosures was discussed. Trees - The Arbor Day Foundation, located in Lincoln, Nebraska, ironically suffered an horrific storm awhile back that knocked down many of their trees and there were no plans as to how to deal with the problem. The Foundation is issuing a recovery kit, which San Rafael will get a copy of, in the event of such devastation. Mayor Boro stated he had a high-tech flash card presentation on tree issues, which he would give to John Tune. He suggested looking into a program to work with neighbors and store owners to ascertain whether they would like to participate in the planting of trees when this takes place in the West End part of Fourth Street. Going Green - There was much discussion on going green, in particular on the issue of Climate Protection. EcoMedia formed an agreement with CBS Television with respect to revenue from the broadcasting industry with respect to advertising on CBS. CBS gave a considerable amount of money to the City of Miami to assist their efforts with respect to climate protection. The President of CBS TV said he would initiate this program throughout the U.S., including San Francisco. Mayor Boro indicated he had contact information for EcoMedia and KPIX, Channel 5, in San Francisco for Linda Jackson, and hoped the City can get involved and take advantage of any money opportunities. • Digital Literacy- A community in Tulsa, Oklahoma was actively working with parties that restore unwanted computers and provide them to families that cannot afford to buy them. Mayor Boro suggested that perhaps a partnership could be found for such a venture. • Home Depot Foundation - The Home Depot Foundation spends a great deal of money on trees and was planning to plant over 1 million trees over the next five years throughout the country. They had some active programs that would be worth looking into. Coastal Drilling: - Senator Bill Nelson, Florida Democrat, spoke about drilling off the coast of Florida. He found it interesting that the President and Governor of Florida were pushing to drill off the coast of Florida, when apparently there are now 31 million acres of land under lease to the oil companies in the Gulf of Mexico that are not being drilled. He commented that in December 2002, when the Senate was affirming the vote of the presidential election, an amendment was slipped in which deregulated the commodity field. The Senate prevailed and a new bill was enacted to begin looking at regulating the commodity industry, which was vetoed by the White House but overridden by the Senate. ■ CFL Light Bulbs - TCP, maker of the CFL light bulbs, now offers new 70% lead free dimmer bulbs. ■ Effects of Green in the Job Market - Senator Lautenberg, New Jersey, spoke about "Green" and the new industries and jobs that would be generated as a result of this movement. A bill was passed and signed by the President to create a CBDG type organization for energy efforts and the next Congress would be looking at appropriating $2 billion dollars towards this effort. Mayor Boro suggested that there could be money the City could avail itself of should this go forward. ■ Homeless Shelter- Mayor Boro toured a homeless shelter that was based on a good concept; people live there for 37-47 days on average and then are led into housing. The big issue was permanent housing once people got themselves together. ■ C40 - Bill Clinton spoke about climate change and has a foundation working on this. Mayor Boro got some information on an organization called C40 which was headquartered in Toronto. If money is lent that cannot be repaid, the foundation would make up the difference. ■ Senator Obama - Senator Obama spoke eloquently about the issues facing American cities, such as restoring cops funding, infrastructure, his plan for the war, etc., and he was very well received. ■ Governor Edward Rendell - Governor Edward Rendell, Pennsylvania, also President of the Association of Governors, spoke about his efforts in building America's future and the issue of building infrastructure and getting the governors to get behind this issue. SRCC Minutes (Regular) 07/07/2008 Page 10 SRCC Minutes (Regular) 07/07/2008 Page 11 • Ten Point Program: - Mayor Boro distributed the 2008 U.S. Conference of Mayors Ten Point Program. He reported that he participated in a three-hour workshop that focused on ways to strengthen the program. j) SMART (Sonoma/Marin Area Rail Transit): - File 245 Mayor Boro reported that the SMART Board would vote on July 16, 2008, to put the SMART Measure on the November ballot and as the City Council's representative, he intended to support it. The EIR (Environmental Impact Report) hopefully would be certified as well as an expenditure plan. Several issues were looked at, including the funding, and whether or not it would support the system. The funding plan that was put in place through the expenditure plan was reviewed and analyzed by a firm brought in by SMART to oversee it. It was also given to a third party to see and review. The Transportation Authority of Marin (TAM) for the last six weeks had been evaluating it and at a TAM Board Meeting last week, it was agreed to accept the report, and there did not appear to be any issues of concern. He noted the last issue of concern that came up was whether SMART would compete with TAM and the Golden Gate Bridge District for funds being received currently. It was determined that SMART would not take any moneys from existing funding going to those agencies, as they have their own separate funding stream. Noting Federal earmarks would be available Mayor Boro stated they already had $123 million set aside for SMART construction. The plan now was to go forward with a quarter -cent sales tax, and while he did not have the numbers, he was informed that the recent private poll was very strong for SMART in Sonoma County and surprisingly, stronger in Marin than on the last occasion. Larry Tramutola was running the campaign; they would definitely target Marin County differently than Sonoma County. Unless there was a strong objection from a Councilmember, Mayor Boro stated he planned to go forward and support putting the Measure on the Ballot. k) Introduction of Deputv Citv Clerk: - File 9-3-14 City Clerk Esther Beirne introduced new Deputy City Clerk Deirdre Morris. There being no further business, Mayor Boro adjourned the City Council meeting at 9:45 p.m. and resumed the Closed Session on Labor Negotiations. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12008 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 07/07/2008 Page 11