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HomeMy WebLinkAboutCC Minutes 2008-10-20SRCC Minutes (Regular) 10/20/2008 Page 513 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 20, 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 — 7:00 PM Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM Present: Albert J. Boro, Mayor Cyr N. Miller, Vice -Mayor Greg Brockbank, Councilmember Damon Connolly, Councilmember Barbara Heller, Councilmember Absent: None Conference with Labor Negotiators — Government Code Section 54957.6(a) Negotiators: Ken Nordhoff, Jim Schutz, Leslie Loomis, Cindy Mosser, Nancy Mackle, Chris Gray Employee Organization(s): San Rafael Fire Chief Officers' Association San Rafael Firefighters' Association City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: CONSENT CALENDAR: 8:00 PM Regarding item #13, Mayor Boro noted minor revisions to pages five and six of both the Mid -Management Employees Resolution (13.a) and Management Employees Resolution (13.b). Councilmember Miller moved and Councilmember Brockbank seconded, to approve the Consent Calendar as follows. ITEM 2. Approval of Minutes of Regular City Council Meeting of October 6, 2008 and Special City Council Meeting of October 7, 2008 (CC) 3. Resolution Regarding Proposed 2009 Bail Schedule for Violations of the San Rafael Municipal Code (CA) — File 13-8 x 9-3-16 x 9-3-30 x 9-10-2 4. Call for Applications to Fill Four, 3 -Year Terms on the Bicycle & Pedestrian Advisory Committee Through the End of November 2011, Due to the Expiration of Terms of Noble `Rocky' Birdsey, Tim Gilbert, Preston McCoy, Chair, and Richard Schneider (CC) — File 9-2-55 RECOMMENDED ACTION Minutes approved as submitted. RESOLUTION NO. 12606 RESOLUTION REGARDING PROPOSED 2009 BAIL SCHEDULE FOR VIOLATIONS OF THE SAN RAFAEL MUNICIPAL CODE Approved staff recommendation. 5. Resolution Authorizing the Submittal of an Application to RESOLUTION NO. 12607 Designate Downtown San Rafael as a Priority RESOLUTION AUTHORIZING THE Development Area as Part of the Association of Bay SUBMITTAL OF AN APPLICATION TO Area Governments FOCUS Program (CD) — DESIGNATE DOWNTOWN SAN RAFAEL File 111 x 9-3-85 AS A PRIORITY DEVELOPMENT AREA AS SRCC Minutes (Regular) 10/20/2008 6. Resolutions of Appreciation for Judy Coy and Jocelyn Moss, Authors of "Early San Rafael" (CM) — File 102 Contract for Services with the Partnership Resources Group for Fund Development Strategy Services (CS) — File 4-3-499 x 9-3-65 Monthly Investment Report for September, 2008 (Fin) File 8-18 x 8-9 Resolution Authorizing the Mayor and City Clerk to Execute an Agreement Between the County of Marin and the City of San Rafael Regarding the Marin Literacy Program / F. L.A. G. SHIP Services (from 7/1/08 — 6/30/09) (Lib) — File 4-13-86 x 9-3-61 SRCC Minutes (Regular) 10/20/2008 Page 514 PART OF THE ASSOCIATION OF BAY AREA GOVERNMENTS FOCUS PROGRAM RESOLUTION NO. 12608 RESOLUTION OF APPRECIATION FOR JUDY COY, CO-AUTHOR OF "EARLY SAN RAFAEL" RESOLUTION NO. 12609 RESOLUTION OF APPRECIATION FOR JOCELYN MOSS, CO-AUTHOR OF "EARLY SAN RAFAEL" Approved staff recommendation. ACCEPTED MONTHLY INVESTMENT REPORT FOR SEPTEMBER, 2008, AS PRESENTED. RESOLUTION NO. 12610 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING THE MARIN LITERACY PROGRAM I F.L.A.G.SHIP SERVICES (FROM 7/1/08 — 6/30/09) 10. Resolution Authorizing the Mayor and City Clerk to RESOLUTION NO. 12611 Execute an Agreement Between the County of Marin RESOLUTION AUTHORIZING THE MAYOR and the City of San Rafael Regarding the Marin Literacy AND CITY CLERK TO EXECUTE AN Program / General Services (from 7/1/08 — 6/30/09) AGREEMENT BETWEEN THE COUNTY OF (Lib) — File 4-13-86 x 9-3-61 MARIN AND THE CITY OF SAN RAFAEL REGARDING THE MARIN LITERACY PROGRAM / GENERAL SERVICES (FROM 7/1/08 — 6/30/09) 11. Resolution Pertaining to the Compensation and Working RESOLUTION NO. 12612 Conditions for the San Rafael Firefighters' Association RESOLUTION PERTAINING TO THE (MS) — File 7-8-2 COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL FIREFIGHTERS' ASSOCIATION 12. Resolution Pertaining to the Compensation and Working RESOLUTION NO. 12613 Conditions for the San Rafael Fire Chief Officers' RESOLUTION PERTAINING TO THE Association (MS) — File 7-8-5 (b) COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION 13. a) Resolution Repealing Resolution No. 12196 and a) RESOLUTION NO. 12614 Adopting new Resolution Establishing the RESOLUTION REPEALING Compensation and Working Conditions for RESOLUTION NO. 12196 AND Unrepresented Mid -Management Employees ("Mid- ADOPTING NEW RESOLUTION Managers") (MS) — ESTABLISHING THE COMPENSATION File 7-3 x 7-3-2 x 9-3-14 x 9-3-16 AND WORKING CONDITIONS FOR UNREPRESENTED MID -MANAGEMENT SRCC Minutes (Regular) 10/20/2008 b) Resolution Repealing Resolution No. 12208 and Adopting new Resolution Establishing the Compensation and Working Conditions for Unrepresented Management Employees ("Managers") (MS) — c) Resolution Repealing Resolution No. 12209 and Adopting new Resolution Establishing the Compensation and Working Conditions for the Elected City Clerk and Elected Part Time City Attorney (MS) - 14. Resolution Approving the Amended and Restated Section 125 Plan Document for Managers, Mid - Managers, and Elected City Clerk and Elected Part Time City Attorney (MS) — File 7-1-37 15. Resolution Approving Use of State of California Department of Boating and Waterway Grant Funds in the Amount of $25,000 for Police Department Patrol Boat Equipment Purchase by September 30, 2009 and Authorizing the Mayor to Execute Grant Contract (PD) — File 9-3-30 SRCC Minutes (Regular) 10/20/2008 Page 515 EMPLOYEES ("MID -MANAGERS") (as amended) b) RESOLUTION NO. 12615 RESOLUTION REPEALING RESOLUTION NO. 12208 AND ADOPTING NEW RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT EMPLOYEES ("MANAGERS") (as amended) c) RESOLUTION NO. 12616 RESOLUTION REPEALING RESOLUTION NO. 12209 AND ADOPTING NEW RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND ELECTED PART TIME CITY ATTORNEY RESOLUTION NO. 12617 RESOLUTION APPROVING THE AMENDED AND RESTATED SECTION 125 PLAN DOCUMENT FOR MANAGERS, MID - MANAGERS, AND ELECTED CITY CLERK AND ELECTED PART TIME CITY ATTORNEY RESOLUTION NO. 12618 RESOLUTION APPROVING USE OF STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS GRANT FUNDS IN THE AMOUNT OF $25,000 FOR POLICE DEPARTMENT PATROL BOAT EQUIPMENT PURCHASE BY SEPTEMBER 30, 2009 AND AUTHORIZING THE MAYOR TO EXECUTE GRANT CONTRACT 16. Resolution Approving Use of State COPS Program RESOLUTION NO. 12619 Supplemental Services Funds During 2008/2009 in the RESOLUTION APPROVING USE OF STATE Amount of $100,000 for Community Oriented Policing COPS PROGRAM SUPPLEMENTAL (PD) — File 9-3-30 SERVICES FUNDS DURING 2008/2009 IN THE AMOUNT OF $100,000 FOR COMMUNITY ORIENTED POLICING 17. Resolution Authorizing the Temporary Closure of Fourth Street from F Street to G Street and Ida Street from Third Street to Fourth Street for the West End Village Celebration on Sunday, November 16, 2008 from 8:00 AM — 9:00 PM (RA) — File 11-19 RESOLUTION NO. 12620 RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF FOURTH STREET FROM F STREET TO G STREET AND IDA STREET FROM THIRD STREET TO FOURTH STREET FOR THE WEST END VILLAGE CELEBRATION ON SUNDAY, NOVEMBER 16, 2008 FROM 8:00 AM — 9:00 PM SRCC Minutes (Regular) 10/20/2008 SRCC Minutes (Regular) 10/20/2008 Page 516 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATIONS: 18. PRESENTATIONS TO MAYOR BORO AND FIRE CHIEF GRAY FROM THE EMPLOYER SUPPORT FOR THE GUARD AND RESERVE NATIONAL COMMITTEE (FD) — File 102 x 9-3-31 Mayor Boro invited Councilmembers and the members of the Employer Support for the Guard and Reserve National Committee (ESGR) to join him and Fire Chief Gray at the podium. Explaining ESGR, John Woolley stated this meant "Employer Support for the Guard and Reserve", an agency of the Department of Defense, and they were in attendance this evening to honor Mayor Boro and Fire Chief Gray for stepping up and honoring City employees who serve in the National Guard or Reserve. With 4,000 volunteers throughout the United States and the four territories, they work with employers, and they also work closely with local Congresswoman Lynn Woolsey. In honoring both Mayor Albert J. Boro and Fire Chief Christopher Gray, Rob Petersen quoted from the Statement of Support for the Guard and Reserve: "San Rafael, California — Mayor Albert J. Boro — San Rafael, California - Fire Chief Christopher Gray" We recognize the National Guard and Reserve are essential to the strength of our nation and the well-being of our communities. In the highest American tradition, the patriotic men and women of the Guard and Reserve serve voluntarily in an honorable and vital profession. They train to respond to their community and their country in time of need. They deserve the support of every segment of our society. If these volunteer forces are to continue to serve our nation, increased public understanding is required of the essential role of the Guard and Reserve in preserving our national security. Therefore, we join other employers in pledging that we fully recognize, honor and enforce the Uniform Services Employment and Reemployment Rights Act. Our managers and supervisors will have the tools they need to effectively manage those employees who serve in the Guard and Reserve and we will continually recognize and support our country's service members and their families in peace, in crisis and in war." Mayor Boro thanked the four members of the ESGR for recognizing them and noted that over the past seven years, a number of employees had served in the Armed Services and in combat, and the City always welcomed and was very pleased to have them back. Fire Chief Gray stated it was a pleasure and honor to assist in any way possible. David Cornell, firefighter - paramedic, serving on active duty, was recently deployed to Afghanistan to serve on the Medevac Unit. The City was very proud of his service and Fire Chief Gray's parting words to him were: "You have a job here son, come back safe." He also thanked the ESGR for the service they provide. Mayor Boro and Chief Gray were also presented with pins. 19. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO JUDY COY AND JOCELYN MOSS, AUTHORS OF "EARLY SAN RAFAEL" (CM) — File 102 Mayor Boro invited Judy Coy and Jocelyn Moss, authors of "Early San Rafael" to the podium. Having received their book from his daughter this weekend, he stated he was very pleased that the two authors had collaborated in writing it. Quoting from the Resolution, Mayor Boro stated: "Judy Coy volunteered her time and efforts to conduct research of photographs, documents, journals, and reference books on the history of San Rafael; and Judy Coy, Chairperson of the San Anselmo Historical Commission, collaborated with the Marin History Museum to co-author the book, Early San Rafael. SRCC Minutes (Regular) 10/20/2008 SRCC Minutes (Regular) 10/20/2008 Page 517 Judy Coy provided technical expertise on the historic photos in Early San Rafael, which demonstrate the diverse and distinct history of our town; and Judy Coy has prepared an educational slideshow on the history of San Rafael for students and community members; and Judy Coy's dedication and work on Early San Rafael has resulted in an engaging and informative book that connects us to our local history." On behalf of the City Council and the citizens of San Rafael, Mayor Boro expressed thanks to Ms. Coy. Presenting Jocelyn Moss with her Resolution of Appreciation, Mayor Boro quoted: "Jocelyn Moss has served the community for 25 years through her services as a curator, reference librarian, volunteer coordinator, and exhibit coordinator at the Marin History Museum, the Anne Kent California Room at the Marin County Library, and the California Genealogical Society; and Jocelyn Moss has also volunteered her time to carefully research the history of San Rafael, including its people, buildings, and historic events; and Jocelyn Moss has developed and nurtured an educational walking tour of downtown San Rafael for the Marin History Museum" (a walk he had taken); and "Jocelyn Moss has volunteered her time to co-author the book, Early San Rafael, which celebrates the diverse and distinct history of our town; and Jocelyn Moss' dedication and work on Early San Rafael has resulted in an engaging and informative book that connects us to our local history." On behalf of the City Council and community of San Rafael, Mayor Boro thanked Ms. Moss for her great effort. Expressing gratitude to the City Council, Ms. Coy stated the project was enjoyable and fun, and she was very happy to contribute to the residents of San Rafael. She was privileged to have worked with Ms. Moss, who knew everything about San Rafael. Ms. Moss thanked all who contributed to the Marin History Museum over the many years since its existence, noting that all of the photos used in the book were from the museum's rich collection. She also thanked Ms. Coy, because without her the book would never have happened. Ms.Coy and Ms. Moss were presented with bouquets of flowers. CITY MANAGER'S REPORT: 20. MARIN CLEAN ENERGY: — File 271 Noting the Marin Clean Energy community meetings had been completed, Mr. Nordhoff reported that over the last month some fairly significant modifications to the ordinance and agreement had taken place, which delayed agendizing the first staff report on this item. As the final drafts of the documents had been received late last week, he would generate another schedule as quickly as possible and inform the City Council and the community regarding the final meetings and formal public hearing. Councilmember Brockbank confirmed with Mr. Nordhoff that the delay was due to changes in the JPA (Joint Powers Authority) language, broadening its scope, and that this information had not been publicized. Mr. Nordhoff stated there had been a lot of work between Marin County staff and others, he being one of the parties involved, and the formal documents had now been finalized and submitted to all agencies. Cities and Towns were evaluating the final documents and would be scheduling formal hearings. Although he could not be date specific at this time, Mr. Nordhoff confirmed for Councilmember Brockbank that staff would make the dates known shortly. SRCC Minutes (Regular) 10/20/2008 SRCC Minutes (Regular) 10/20/2008 Page 518 Recalling discussions that the vote would take place in December, Councilmember Brockbank stated he could certainly understand if it were delayed because of JPA proposal changes; however, it appeared that the "drum beats" to do it by the end of the year had increased also, and he inquired if there were any reasons why it would go beyond December. Responding, Mr. Nordhoff stated he had no reason to believe it would at this point. The City Council had received letters from the Board of Supervisors encouraging them to take action; extensive public outreach had taken place, and a further meeting was scheduled in Corte Madera this week. Mr. Nordhoff pointed out that all of the cities and towns, including San Rafael, were aware of this and were trying to schedule something as quickly as possible. COUNCILMEMBER REPORTS: (includinq AB 1234 Reports on Meetings and Conferences Attended at Citv Expense) 21. Marin Builders Association: — File 9-1 Councilmember Miller reported that he and Mayor Boro attended the Marin Builders Association 50th Anniversary celebration on October 10, 2008 on behalf of the City. Communitv Council Meetinq with the San Rafael Police Department: — File 9-1 Vice -Mayor Miller stated he would report on the Community Council meeting with the San Rafael Police Department and Redevelopment Agency on Friday, October 17, 2008. Vice -Mayor Miller stated he found this to be an outstanding meeting, demonstrating how all do work and should work together. He explained that the Concilio was a development from the old healthy and safe communities, picked up through the Steward Foundation, and was a gathering of the real residents of the Canal neighborhood. Vice -Mayor Miller reported that approximately 20 members of the Concillio attended the meeting, together with Chief of Police Matt Odetto, Lieutenant David Stearns, Community Policing, Katie Korzun, Economic Development Coordinator, and himself. Noting these meetings were usually conducted in Spanish and translated into English, he indicated that those who could, spoke in Spanish, even though they could also speak English, in deference to those members of the community whose first language was Spanish. Explaining the format of the meeting, Vice -Mayor Miller reported that Katie Korzun gave a presentation on the expansion of the sidewalks and bicycle path along Francisco Boulevard, which was interesting for the community and provided good feedback. He noted the reason such meetings go so well was that in meeting with the Concillio every quarter, they raise whatever topic they want to discuss, i.e., their community wish list - issues such as ICE (Immigration and Customs Enforcement) operations, consular identification cards, sensitivity cases of misdemeanor arrest, and friendlier patrols on bicycles, etc. On the question of consular identification cards, Vice -Mayor Miller stated the group was delighted, as this would afford them a means of identification. He indicated that Chief of Police Odetto answered very forthrightly in the affirmative; however, staff would need to meet with both the Mexican and Guatemalan Consulates, they being the parties involved, to ensure validation of how these cards were issued, and whether they satisfied what the City needed to know to be authentic. Councilmember Miller indicated that at the next meeting Chief Odetto would have met with the Consulates and would be able to give the community a full answer. He considered this type of basic grassroots dialogue so invigorating and as was mentioned at the meeting, it was the community's chance to train and teach staff. Vice -Mayor Miller reported that additionally, San Rafael Connects had met out in the neighborhood a couple of times thus far. He indicated that he and City Manager Nordhoff were meeting with members of the community: Canal Alliance representative, Douglas Mundo, Welcome Center, and representatives from the Advisory Committee, to establish a methodology for a continued, constant communication process. This was community-based governance, keeping in constant contact, a process that was so rich and meaningful. Quoting from a response from Mike Duran, Chair of the Canal Waterfront Project, Vice -Mayor Miller stated: "Concilio members are really excited about the information you shared with us, and I'm sure they will have good ideas to bring up for discussion at our next forum." Vice -Mayor Miller stated this was such a positive and exciting process. The City was marching forward with a community-based governance - by, for and with the people - represented, served and empowered by the government. SRCC Minutes (Regular) 10/20/2008 SRCC Minutes (Regular) 10/20/2008 Page 519 Mayor Boro inquired whether Vice -Mayor Miller expected discussion from the City Council, noting he had not seen the list prior to this evening's meeting. Responding negatively, Vice -Mayor Miller indicated this report was simply for Council's edification. Mayor Boro stated that if Vice -Mayor Miller and Chief Odetto were going to start negotiating such issues there needed to be an understanding of what they could and could not do, pointing out that he took exception to some of the issues listed. Vice -Mayor Miller stated that many of Mayor Boro's concerns had been expressed in dialogue with the Concilio's wish list. Rob Epstein, City Attorney, suggested that should there be something on the list that warranted discussion, it should be agendized. Mayor Boro confirmed he was more concerned with providing a written response. Vice -Mayor Miller stated that there would not be a written response. Mayor Boro stated he supported the work of Vice -Mayor Miller and Chief Odetto in meeting with the community. Active dialogue was required with all members of the community, especially those newly arrived to this country who had concerns about their position, and who should not be living in fear in San Rafael. He believed a lot of the items on the list were great; however, cautioned that shifting anything from what was currently being done would need to be discussed prior to it happening, and he looked to Vice -Mayor Miller and Chief Odetto to keep the City Council posted. Vice -Mayor Miller confirmed that the wishes expressed came from the community San Rafael Canal: — File 12-10 X 9-1 Mayor Boro reported that on October 8, 2008, he and Richard Landis, Administrative Manager, Public Works, together with Police Officers Harry Barbier and Mark Hadeen took four members of the Army Corps of Engineers on a tour of the San Rafael Canal in the Police Rescue boat to highlight the various problems associated with it. Mayor Boro recalled that last year the City was successful in getting a congressional appropriation of $1.1 million towards the dredging of the canal; however, dredging the canal would take approximately $5 million. He noted this year's legislation from the House contained approximately $3 million. It would now go to Conference Committee, which normally split it; however, there was uncertainty as to what would happen on this occasion. Mayor Boro explained the purpose of inviting the Corps was not for them to agree to give San Rafael the money, as they had no opportunity to do that, rather the intent was to show them the canal and its problems. The Colonel and Chief of Administrative Staff of the Corps could observe certain points in the canal and channel where at low tide boats could not get in or out. Mayor Boro reported that police boat rescue and recreational use in the area were discussed, together with the fact that this was a revenue generator for the City, providing a lot of jobs along the canal - boat repair work and marine related. Mayor Boro looked forward to working with the Corps in the future, and would also continue to work closely with Congresswoman Woolsey on this issue. He indicated that at the appropriate time, staff would contact the two U.S. Senators to enlist their support. There being no further business, Mayor Boro adjourned the City Council meeting at 8:28 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12008 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 10/20/2008