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HomeMy WebLinkAboutCC Minutes 2009-04-06SRCC Minutes (Regular) 04/06/2009 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 6, 2009 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Vice -Mayor Greg Brockbank, Councilmember Cyr N. Miller, Councilmember Absent: Damon Connolly, Councilmember Also Present: Ken Nordhoff, City Manager Robert F. Epstein, City Attorney Esther C. Beirne, City Clerk OPEN SESSION — COUNCIL CHAMBER — 6:00 PM Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 6:00 PM 1. Conference with Labor Negotiators— Government Code Section 54957.6(a) Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Rob Epstein, 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 Association 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: 8:05 PM AB 68 and AB 87 =- Single Use Carrvout Baq Leqislation: - File 116 x 9-1 Roger Roberts reported that AB 68 and AB 87, both of which address single use carryout bags, were before the State Assembly, and would impose a 25 -cent fee for the use of such bags. Noting the two bills would undoubtedly be merged, he stated that a hearing was scheduled before the Assembly Natural Resources Committee on April 13, at which the bills would be discussed. He indicated he had discussions regarding these bills with Mr. Nordhoff, City Manager, in his capacity as Executive Committee Member, as well as member of the JPA for Hazardous Waste and Solid Waste Management Board for the County. Mr. Roberts noted that the AB 939 Local Task Force, a committee of that JPA, passed a resolution in support of this legislation and was requesting the Executive Committee and JPA to write letters of support. The Board of Supervisors and Marin Conservation League had provided letters of support and a number of other entities throughout the state were in support of this legislation. Councilmember Brockbank stated he understood that when Fairfax tried to ban plastic bags they determined they could have legal exposure unless it was passed by a vote of the people, which it was. He commented that this was the first time he had heard of a state bill, which he assumed did not have that problem. Mr. Roberts confirmed it was not a ban rather a 25 -cent fee for the use of single use carryout bags and therefore, would not be subject to objections raised on bans. He noted that Fairfax passed an Initiative and Initiative led bans were not subject to review. Should this legislation pass and was executed into law, the bill would take effect, and the moneys would be used to deal with the litter problem caused by bags and also to pay for the collection and setting up of the program, etc. He commented that it was a comprehensive bill and deserved support. Councilmember Brockbank inquired as to City procedure in such a situation. SRCC Minutes (Regular) 04-06/2009 Page 1 SRCC Minutes (Regular) 04/06/2009 Page 2 Mr. Nordhoff stated that his office tracks bills on behalf of MCCMC (Marin County Council of Mayors and Councilmembers) and the City and a legislative report on bills of significance to the City is brought to the City Council. He noted the Executive Committee of the Solid Waste JPA would meet next week and would consider some action on this issue. He confirmed that staff would prepare a report for the City Council based on their findings. Mr. Roberts explained that the main difference between the bills was the extent of the retail establishments covered under the bills. AB 68 did not reach as far as AB 87 and AB 87 does a better job of describing what is meant by single -use carryout bags, which is done as a matter of definition in terms of the gauge of the plastic or paper used. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Brockbank seconded, to approve the Consent Calendar as follows. ITEM Approval of Minutes of Regular City Council Meetings of March 2 and 16, 2009 (CC) Resolution Authorizing the City Manager to Execute Amendment #2 to an Agreement for Professional Services with RBF Consulting to Complete the Preparation of An Environmental Impact Report (EIR) for the San Rafael Target Store Project at the Shoreline Center, Increasing the Maximum Contract Amount by $8,500 (From $309,602.00 to $318,102.00) and Extending the Term of the Agreement Through December 31, 2009 (CD) — File 4-3-471 4. FY 2007/2008 Annual Financial Audit Report; the Gann Appropriation Limit Report; the Single Audit Report and the Memorandum on Internal Control Structure (Fin) — File 8-1 x 8-9 x 9-3-21 Report on Information Technology Strategic Plan (MS) — File 9-3-88 x 9-3-87 10. Adopt Plans and Specifications for the Dominican/Black Canyon Neighborhood Landscaping Project, Project #11059, and Authorizing the City Clerk to call for Bids (PW) — File 4-1-609 11. Resolution Approving and Authorizing the City Manager to Execute an Amendment to the Cooperative Agreement Between the County of Marin and City of San Rafael to Add $300,000 in Community Development Block Grant (CDBG) Funds for ADA Improvements to Public Facilities within the City of San Rafael (PW) — File 4-13-38 x 147 RECOMMENDED ACTION Minutes approved as submitted. RESOLUTION NO. 12682 — RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 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 December 31, 2008 — December 31, 2009 for an amount not to exceed $318,102.00) Accepted Reports and Memorandum on Internal Control Structure. Accepted report. Approved staff recommendation. RESOLUTION NO. 12683 — RESOLUTION TO APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF MARIN AND CITY OF SAN RAFAEL TO ADD $300,000 IN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR ADA IMPROVEMENTS TO PUBLIC FACILITIES WITHIN THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 04-06/2009 Page 2 12. Resolution Authorizing the Temporary Closure of City Streets for the 22nd Annual Borrrelli's May Madness Classic Car Parade on Saturday, May 9, 2009 (RA) — File 11-19 SRCC Minutes (Regular) 04/06/2009 Page 3 RESOLUTION NO. 12684 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE 22ND ANNUAL GREG BORRELLI'S MAY MADNESS CLASSIC CAR PARADE ON MAY 9, 2009 13. Resolution Authorizing the Temporary Closure of City RESOLUTION NO. 12685 — Streets for the Youth in Arts Italian Street Painting RESOLUTION AUTHORIZING THE Festival on June 13-14, 2009 (RA) — File 11-19 TEMPORARY CLOSURE OF CITY STREETS FOR THE YOUTH IN ARTS ITALIAN STREET PAINTING FESTIVAL 2009 ON JUNE 13 — 14, 2009 AYES: COUNCILMEMBERS: Brockbank, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Connolly ABSTAINING: COUNCILMEMBERS: Heller, from minutes of 3/16/09 only, due to absence from meeting. The following items were removed from the Consent Calendar for discussion, at the request of Mr. Perry Litchfield: 5. RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT EMPLOYEES ("MANAGERS") (EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2010) (MS) 6. RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MID -MANAGEMENT EMPLOYEES ("MID -MANAGERS") (EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2010) (MS) 7. RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND ELECTED PART-TIME CITY ATTORNEY (EFFECTIVE JULY 1, 2009 THROUGH JUNE 30, 2010) (MS) 8. RESOLUTION DIRECTING THE CITY MANAGER AND THE CITY FINANCE DIRECTOR TO WITHHOLD FIVE PERCENT (5%) OF THE MONTHLY COMPENSATION OF THE MAYOR AND COUNCILMEMBERS DURING FISCAL YEAR 2009-2010 AND TO DONATE SAID FUNDS INTO THE CITY'S GENERAL FUND (MS) With regard to the 5% pay cut or work furlough for Management, Mid -Management, City Clerk and City Attorney and the Mayor and City Council Mr. Perry Litchfield respectfully suggested that this action was premature. Noting the City Council enacted a comprehensive Recession Action Plan and Economic Vitality Plan on March 16, 2009, Mr. Litchfield stated his impression was that more attention was being paid to the Recession Action Plan as opposed to the Economic Vitality Plan. He suggested that perhaps best efforts should be directed towards Economic Vitality before resorting to the Recession Action Plan that resulted in cutting the salaries of top level people across the board at the City. Noting the City had very good talent in its elected officials and those running departments, both at Management and Mid -Management levels, Mr. Litchfield believed this was a good time to reflect upon how departments were running and do what was necessary to reorganize and get them running more efficiently, rather than working less, which the furlough program suggested. He commented that in reality these dedicated employees would not work less. Indicating that these were deep recessionary times, Mr. Litchfield stated the storm would be over, and while the City was running into a deficit, it paled in comparison to the state and federally. When times did turn around the lesson to be learned was to take the opportunity to achieve higher reserves to weather through storms that came along, noting no one could predict a storm this violent. Mr. Litchfield expressed concern that sending the message now that staff time and salaries were being cut was not the correct one. He assumed this would trickle down the scale to other very good employees in the City. As a citizen and businessman of San Rafael, Mr. Litchfield stated he did not want to see citizens suffer lesser services from the City during a recessionary cycle when things could be turned around at a later date. SRCC Minutes (Regular) 04-06/2009 Page 3 SRCC Minutes (Regular) 04/06/2009 Page 4 He noted good suggestions set forth in the Economic Vitality Plan that when implemented could help make the City a more efficient operation. Mr. Litchfield requested trying other alternatives prior to cutting salaries. Expressing appreciation for Mr. Litchfield's comments, Mayor Boro stated that this issue had been looked at for quite a while -- there was a whole series of steps over the next month or two to be taken in order to achieve the anticipated $3 million cut. The items before the City Council this evening for approval had been discussed previously and he noted others would follow. With regard to the Economic Vitality Plan, staff would work with the Chamber of Commerce, Business Improvement District and private developers; however, this would take time. A lot of things would not come through in the next twelve months, starting this fiscal year; therefore, prudent steps would need to be taken to ensure getting through this coming fiscal year with a balanced budget. Commenting that the decisions were not easy to make, Mayor Boro believed staff had been working towards putting steps in place to present a balanced budget to vote on in July, 2009 and delaying this would not result in a balanced budget. Reserves were at 5% of the actual 10% goal and he did not believe it prudent to take any more funds from reserves to balance the budget. Mayor Boro believed therefore, that this was one of the steps necessary going forward. Noting the City Council had worked on this issue for a considerable period of time, Councilmember Brockbank stated that the steps being taken were in an appropriately determined sequence. He confirmed that if by some slim chance the economy did turn around in six or eight months nothing would prevent the City from cancelling this action. Mr. Nordhoff commented that bringing these items early on was borne out of leadership demonstrated by the City Manager, Department Directors, Mid -Managers and Elected Officials in recognizing the severity of the problem. The Recession Action Plan noted that twelve positions had been left vacant. He noted some creative service delivery, i.e., contracting out fire dispatching and sharing battalion chief services with Larkspur. He indicated it was felt at the management level that these items should be presented to the City Council to demonstrate the seriousness of the problem and that they wanted to be contributors and leaders in this effort. Reporting that more would come, Mr. Nordhoff stated there would be plenty of opportunities to re- examine this evening's actions and determine whether it would sunset early, continue longer or just last the scheduled year. He stated it was clear that the efforts under the Economic Vitality Plan would take a couple of years to show real tax revenues and changes; therefore, this was a good incentive to act on the resolutions before the City Council this evening. Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolutions. 5) RESOLUTION NO. 12687 — RESOLUTION REPEALING RESOLUTION NO. 12615 AND ADOPTING A NEW RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MANAGEMENT EMPLOYEES ("MANAGERS") (effective July 1, 2009 through June 30, 2010) — File 7-3 6) RESOLUTION NO. 12688 — RESOLUTION REPEALING RESOLUTION NO. 12614 AND ADOPTING A NEW RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR UNREPRESENTED MID -MANAGEMENT EMPLOYEES ("MID -MANAGERS") (effective July 1, 2009 through June 30, 2010) — File 7-3 7) RESOLUTION NO. 12689 — RESOLUTION REPEALING RESOLUTION NO. 12616 AND ADOPTING A NEW RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING CONDITIONS FOR THE ELECTED CITY CLERK AND ELECTED PART-TIME CITY ATTORNEY (effective July 1, 2009 through June 30, 2010) — File 9-3-14 x 9-3-16 x 7-3-2 SRCC Minutes (Regular) 04-06/2009 Page 4 SRCC Minutes (Regular) 04/06/2009 Page 5 8) RESOLUTION NO. 12690 — RESOLUTION DIRECTING THE CITY MANAGER AND CITY FINANCE DIRECTOR TO WITHHOLD FIVE (5%) PERCENT OF THE MONTHLY COMPENSATION OF THE MAYOR AND COUNCILMEMBERS DURING FISCAL YEAR 2009-10 AND TO DONATE SAID FUNDS INTO THE CITY'S GENERAL FUND — File 7-3-2 x 9-1 AYES: COUNCILMEMBERS: Brockbank, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Connolly SPECIAL PRESENTATION: 14. INTRODUCTION OF DEPUTY CITY ATTORNEY II, LISA GOLDFIEN (CA) - FILE City Attorney Robert Epstein introduced Lisa Goldfien, Deputy City Attorney II. — File 9-3-16 APPEAL HEARING: 15. Appeal Hearinq — 1050 CRESTA WAY (INCLUDES 1010-1065 CRESTA WAY; 122-150 CRESTA DRIVE; 1-6 CRESTA CIRCLE) — HIGHLANDS OF MARIN AND CREST MARIN APARTMENTS — APPEAL OF PLANNING COMMISSION DECISION TO DENY THE APPEAL AND UPHOLD THE ZONING ADMINISTRATOR APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT FOR EXTERIOR RENOVATION OF APARTMENT BUILDINGS, CARPORTS, A RECREATION BUILDING AND REPLACEMENT OF AN EXISTING TENNIS COURT WITH A NEW 2,785 SQ. FT. LEASING OFFICE BUILDING; APN: 155-251-20,21,24,25, AND 155-280- 01 THROUGH 16 AND 18; PLANNED DEVELOPMENT (PD) 1547 AND MULTI -FAMILY RESIDENTIAL (MR2.5) DISTRICT, NORTHBAY PROPERTIES II, LP, PROPERTY OWNER; JILL D. WILLIAMS, ARCHITECT, APPLICANT; DAVID THERIEN, DENNY MCGINNIS AND EUGENE DOUGHERTY, APPELLANTS; CASE NUMBER: AP08-004 (CD) (Continued from meeting of March 2, 2009) — File 10-7 x 10-2 x 273 Planning Manager Paul Jensen stated that he would present a summary of what had transpired since March 2, 2009. He reported that at that meeting, the City Council conducted a public hearing on the Highlands of Marin project, located north of Smith Ranch Road and consisting of two contiguous apartment complexes. The improvements included a renovation of the property and renovation of units. Following closure of the public hearing, the City Council discussed the project, primarily focusing on the tenant displacement issue, but concluded that the City's extent of discretion was limited to the current City Code provision for relocation assistance to qualifying low-income households. However, the City Council continued the project for 30 days, to this evening, providing a directive to the project sponsor to meet and work with the tenants of the complex in an effort to address issues, to complete a Resident Communication Plan, which was presented at the last meeting, and to consider possible additional relocation measures. Mr. Jensen stated that following the March 2, 2009 meeting, the project sponsor initiated outreach to both the tenants and the appellants and he summarized what had occurred in that timeframe as follows: The property owners distributed individual letters to all tenants of both apartment complexes providing information to address the conditions of their specific building and their unit. Copies of the sample letters were attached to the staff report. The letters included the construction schedule, project unit vacancy dates and projected rents for renovated units, as well as information on temporary relocation assistance on site. Mr. Jensen reported that the letters also offered individual meetings to be held with tenants and the property owner. 24 tenants had individual meetings with the property owner to discuss their personal conditions and needs. Mr. Jensen reported that two community meetings were held back to back, which collectively drew approximately nine tenants. The primary purpose of these meetings was to respond to questions concerning the construction schedule timing and relocation logistics. Several meetings were also held between the appellant and property owner to discuss potential relocation issues over and above those summarized in the staff report. • Indicating that there was no specific resolution to these meetings in terms of changes in conditions, Mr. Jensen stated, however, that some additional measures were offered by the property owner, as summarized in the staff report: SRCC Minutes (Regular) 04-06/2009 Page 5 SRCC Minutes (Regular) 04/06/2009 Page 6 o A refund of security deposit for units to be vacated, with an expeditious processing of the refund; o One month's free rent for tenants temporarily relocated within the project and who wished to sign a lease for a renovated unit —they also were placed on a priority list; o Offer to hire a full-time tenant coordinator, subsequent to action by the City. Mr. Jensen reported that the project sponsor did reject two proposals presented by the appellants: • A request for relocation assistance to all tenants in the complex; • Request to allow tenants to request relocation assistance prior to the 60 -day notice of vacation, which was the requirement of the City Code. Mr. Jensen reported that the Resident Communication Plan was updated per the request of the City Council using the April 6, 2009 date as a baseline or benchmark for their construction schedule. Mr. Jensen noted that the City Council received an email from the appellant last Friday, which responds to a number of points discussed in the meetings with the property owner. He indicated that the email responses did not present any new information or additional measures discussed among the parties. They were beyond the scope of the City's discretion, i.e., issues discussed among themselves; however, beyond what the City could require. Mr. Jensen reported that a letter was also received today through the City Clerk's office from one of the tenants, again requesting the City Council to reconsider the requirement for a pre 60 -day allowance for relocation assistance. Mr. Jensen stated that the project sponsor had responded to the directive of the City Council, and with the exception of the confirmation of the revised Resident Communication Plan, summarized in the staff report, there were no changes to the recommended conditions of approval. The draft resolution was ready for City Council consideration. Mayor Boro noted that the public hearing on this item had been closed; however, should anyone have a question for clarity it could be entertained, and as indicated at the last meeting, it was not intended to discuss conversations between the two parties in an attempt to arbitrate them. The staff report was clear in what could and could not be done and the final disposition. Dave Therien, appellant, stated that the idea of a moratorium on any aspect of the project that would displace residents had been mentioned at the last hearing. Mr. Brown articulated that this was within the City's purview and authority to implement and although it would need to be citywide, it could be stipulated by class or type of property. Noting that at the end of the hearing there were no deliberations on that topic, he requested that the City Council at its pleasure consider this once again. Mr. Therien stated that approximately 380 people would be displaced and in the current economic times, this was a hardship that was difficult to take. He commented that tenants were basically funding the owner's renovation plan and he again requested a moratorium. Mayor Boro thanked staff, the applicant and the neighbors for taking the time to air their issues privately as well as publicly and in going through the staff report it was obvious that all the City had the ability to do had been done. The question of a moratorium was a matter for the City Council should they choose to pursue the issue. While it was raised at the last meting there was no discussion, and although it would be a pretty severe issue to take on, should anyone wish to discuss the matter it could be done. Councilmember Brockbank stated that when the issue was continued a month ago it was hoped that the parties could arrive at a mutual agreement, although it was realized there was a distinct possibility they could not; it could have been that the tenants wanted more than the owners were willing to give. He noted Mr. Therien's email dated April 3, 2009 indicated that UDR had been unwilling to yield any additional monetary assistance or convenience to tenants beyond what was required by the law or City ordinance. Depending on how this was defined, Councilmember Brockbank stated it sounded as though UDR had granted some things, albeit not as many as the tenants would have liked. Recalling two items requested a month ago — more concessions and more clarity and communication, Councilmember Brockbank stated it sounded as though UDR focused on one and the tenants on the other. While complete agreement was not reached -- the tenants still requested more concessions and the applicants indicated they had complied and provided more communication — he indicated he was ready to state that the applicant had met his burden. Although it was difficult not to be sympathetic, people on a month-to-month tenancy lived with the risk of eviction, for whatever reason, and this was an unfortunate but legal reason. SRCC Minutes (Regular) 04-06/2009 Page 6 SRCC Minutes (Regular) 04/06/2009 Page 7 Councilmember Brockbank moved and Councilmember Miller seconded to adopt the Resolution. RESOLUTION NO. 12686 — RESOLUTION DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION'S ACTION AFFIRMING THE ZONING ADMINISTRATOR'S CONDITIONAL APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED08-011) FOR EXTERIOR RENOVATION OF APARTMENT BUILDINGS, CARPORTS, A RECREATION BUILDING AND REPLACEMENT OF AN EXISTING TENNIS COURT WITH A NEW 2,785 SQ. FT. LEASING OFFICE BUILDING AT THE HIGHLANDS OF MARIN APARTMENT COMPLEX (HOM I AND 11) LOCATED AT 1050 CRESTA WAY (APN: 155-251-20, 21, 24, 25 AND 155-280-01 THROUGH 16 AND 18) AYES: COUNCILMEMBERS: Brockbank, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Connolly OTHER AGENDA ITEMS: 16. REPORT AND RECOMMENDATION REGARDING FEDERAL AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDS FOR SAN RAFAEL (CM) — FILE 279 Deputy City Manager Nancy Mackle reported that a staff team had been assembled to evaluate all sources of revenue in the Federal American Recovery and Reinvestment Act (ARRA), which were listed in the back of the staff report. As not all applied to the City, she would focus on those the City could apply for i.e., those items the City could manage, build and directly implement. Public Safetv Grant — The City was allocated $109,195 subject to submission of an application to complete the process. Ms. Mackle reported that Captain Franzini was in attendance because attached to the staff report was an explanation of the potential use of funds, which he could explain. The grant required requesting public comment on the use of the funds, and would take place this evening. She noted the focus was the Citizens Police Academy, which was discontinued due to financial constraints. This was a great way to provide information to the citizens concerning a broad range of topics, including gangs, drug abuse, etc., and she anticipated that the Academy would be conducted in Spanish also. Captain Franzini was available to answer questions. Public Safetv Competitive Grant — To cover salary and benefits for civilian personnel in the Police Department. Staff would present a proposal on this grant on April 20, 2009. Clean Cities Grant to help pav for hvbrid vehicles - Fleet Advisory Board to evaluate the schedule for replacement and what replacement would mean with a City match paying half the additional cost for a hybrid. Enerav Efficiencv and Conservation Block Grants - $575,400 allocated with broad uses. With an application deadline of June 25, 2009, staff would move fast to get something ready. Discussions would take place with the Public Works Department to ascertain what could be done for energy efficiencies in buildings and possibly, traffic signals. Consolidated Omnibus Budget Reconciliation Act (COBRA) — For employees laid off, 65% of the COBRA premiums could be paid for nine months. Human Resources following up. Fire Station Funds — Funding for approximately two or three stations in the entire State of California. While staff would evaluate, it would be a balancing act between how much work it would entail and how competitive the City could be. Ms. Mackle noted that it could be for a station remodel, station #4, or station #7, with Marin County, should the project be proceeded with. Surface Transportation Proqram — In this case, again, the project would need to be "shovel -ready." Staff would work with the Transportation Authority of Marin to ascertain whether funding could be obtained for the 1-580/101 Connector Project. Ms. Mackle noted that these funding sources were one-time only. They would not help with the deficit; however, they were ways to generate jobs locally. Staff would consider how much time could be spent on SRCC Minutes (Regular) 04-06/2009 Page 7 SRCC Minutes (Regular) 04/06/2009 Page 8 applying for, monitoring and following up on the grants, versus the amounts of moneys that could be obtained. They had met with the other cities, towns and the County of Marin to ascertain whether there were things that could be done cooperatively. Staff would return to the City Council with updates as issues arose. Ms. Mackle stated that staff recommended acceptance of the report and that the City Council take public comment on Captain Franzini's grant. Mayor Boro requested clarification on his understanding that approximately $980,000 had been awarded for street improvements. Ms. Mackle referred to the last page of Attachment "A" which identified $989,000 for Street Resurfacing STP 2009 Funds. She commented that the chart would be updated and maintained on the Internet so that people could see the moneys being received by San Rafael. With regard to the 1-580/Highway 101 connector, Mayor Boro stated it was his understanding that Caltrans would go forward with temporary re -striping to eliminate part of the bottleneck. He noted there was approval for $15 million - $20 million to redo that work as well as road improvements on Bellam Boulevard itself, and inquired as to what the funds mentioned had to do with the anticipated $15 million - $20 million. Mr. Nordhoff explained that a couple of months ago the Stimulus Bill had not been passed, the State was broke and no funding was currently earmarked through the State, CTC, MTC or anyone else that would put dollars into the 1-580/Highway 101 connector project, estimated at approximately $20 million. At the time, the Transportation Authority of Marin (TAM) was working to look at alternative funding which would include the stimulus dollars. With the Stimulus Bill in place, together with the sale of approximately $6.5 billion in bonds, some of these funds would be directed not only to Caltrans projects that were underway and falling short of cash, but funds would be available to fund some items ready to go. Mr. Nordhoff reported that the design for this project was ready and he understood from Dianne Steinhauser, Transportation Authority of Marin, that MTC would this month be deciding to allocate the necessary construction money for 1-580/Highway 101. The project would go out to bid this spring and be awarded, and the work would commence in the summer. He suspected that a placeholder would be left so that should something come in short relative to the scope of work, this tool would be used to plug that gap; however, this would not be known until the bid came forward. San Rafael would be working with TAM to do this on the City's behalf as they were coordinating with Caltrans. Referring to page 2 of Attachment A — New Starts for Rail, Bus, etc. — Councilmember Heller inquired whether any of these funds could be obtained to help fund bus stops and bus shelters that needed to be brought up to ADA requirements. Ms. Mackle stated staff would evaluate this and consult with the other agencies. With regard to Broadband Technoloav Opportunities Program — Councilmember Heller inquired whether it would be possible to tie any of this into Emergency Services, etc. Mr. Nordhoff stated that the meeting mentioned by Ms. Mackle was an all city and town meeting on Wednesday last. He invited Barbara Thornton, Marin Telecommunications Agency (MTA), to attend as she was spearheading evaluating many of the Broadband grants, and he was pleased to report that the "Council Chamber Upgrade" would be included in the pile, as it was "shovel ready." Mr. Nordhoff indicated that information would be provided to Ms. Thornton in the next couple of weeks. Investment in the technology of San Rafael's, and other cities' and towns' Council Chambers, had multiple uses, including access, evaluating grant requirements, together with emergency operations components. MTA would be the coordinating agency and they felt it would be better to compete on a broader base, rather than on a city by city or town by town basis. Speaking of the Council Chambers Media Upgrade, Councilmember Brockbank commented that he had a brief thought earlier to -day that perhaps the Council's pay cut could be traded off for funding of this project; however, having done his calculations he realized it would not go very far. Based on an experience he had recently in the Santa Rosa Council Chambers, Mayor Boro noted that the monitors in front of each Councilmember's position were so high it was not possible to see the public; SRCC Minutes (Regular) 04-06/2009 Page 8 SRCC Minutes (Regular) 04/06/2009 Page 9 therefore, he suggested recessed screens be considered. Noting Ms. Mackle indicated the City had no "Brown Field" sites that qualified, Mayor Boro inquired about the PG&E site that had yet to be completely cleaned. Responding, Ms. Mackle stated that the definition of "Brown Field" was not that it was dirty soil, rather it had no economic value and could not be developed. Mr. Nordhoff stated that to comply with the grant requirements he wished to ensure that, should anyone wish to comment with respect to Captain Franzini's grant application, they should do so, including the City Council. Councilmember Miller moved and Councilmember Brockbank seconded, to accept the report. AYES: COUNCILMEMBERS: Brockbank, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Connolly CITY MANAGER'S REPORT: 17. None COUNCILMEMBER REPORTS: (Including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 18. Planning Academv: - File 9-3-85 x 9-1 Councilmember Heller reported having successfully completed the 2009 San Rafael Planning Academy and shared her Certificate of Completion. She stated the six-week program was excellent. Buckelew: - File 13-16 x 9-1 Councilmember Heller reported that Steven Ramsland, Buckelew Programs, informed her that they had opened a Cafe in their Wellness Center and he invited all to attend for coffee, meetings, etc. Councilmember Brockbank reported having attended the opening of the cafe at the Health and Wellness Campus, run by Buckelew House, and he inquired whether it was appropriate to present, for example, a proclamation, in such situations. Mayor Boro stated it depended on the format. Marin Enerqv Authoritv: - File 271 x 9-1 Councilmember Heller reported having attended the Marin Energy Authority meeting on behalf of Councilmember Connolly last week. They were beginning to look very seriously at the Request for Bid, which would probably be passed at the next meeting. She noted a monthly memo on what the committee was doing would be circulated. College of Marin Event: - File 9-1 On behalf of Jim Geraghty, Councilmember Brockbank announced that Amy Goodman, Democracy Now, would be speaking at College of Marin on Sunday, April 12, 2009 at 6:00 p.m. This event is co-sponsored by the Community Media Center of Marin, Marin Telecommunications Agency. Homelessness: - File 13-16 x 9-1 Mayor Boro reported having attended a meeting at the County of Marin recently where the head of the Federal Government's Campaign to Eliminate Homelessness was in attendance to present a check to Marin County and to discuss an increase in the basic aid they receive for the homeless. He noted that an approximate $550,000 one- time grant was available to assist primarily in keeping people from becoming homeless. He noted the comment that it was hoped the cities, towns and County would get serious about working on a program to end homelessness. Mayor Boro believed the focus needed to be changed somewhat to provide the needed help upfront. There being no further business, Mayor Boro adjourned the City Council meeting at 8:51 p.m ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2009 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 04-06/2009 Page 9