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HomeMy WebLinkAboutCC Minutes 2009-05-04SRCC Minutes (Regular) 05/04/2009 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, MAY 4, 2009 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, City Manager Robert F. Epstein, City Attorney Esther C. Beirne, City Clerk OPEN SESSION — COUNCIL CHAMBER — 6:40 PM Mayor Boro announced Closed Session items: CLOSED SESSION — CONFERENCE ROOM 201 — 6:40 PM Present: Albert J. Boro, Mayor Barbara Heller, Vice -Mayor Greg Brockbank, Councilmember Damon Connolly, Councilmember Cyr N. Miller, Councilmember Absent: None 1. a) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. Citv of San Rafael, et al. U.S. District Court, Northern Dist. of CA, Case # C003785 b) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. Citv of San Rafael, et al. (MHC ll) U.S. District Court, Northern Dist. of CA, Case # C043325 City Attorney Robert Epstein announced that no reportable action was taken. CLOSED SESSION — CONFERENCE ROOM 201 — 8:50 PM C) 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. San Rafael Firefighters' Assn. San Rafael Police Mid -Management Assn. San Rafael Police Association Western Council of Engineers Assn. of Confidential Employees SElU Miscellaneous & Supervisory SEIU Child Care Unit Unrepresented Management Unrepresented Mid -Management Elected City Clerk and Elected Part -Time City Attorney Mayor Boro announced at 9:09 PM that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:16 PM Massaqe Parlors: - File 9-1 Noting the growing number of massage parlors in San Rafael, Brad Sears stated that more needed to be done to keep San Rafael from becoming another anonymous mid-size city with big city problems. He noted the latest full body massage parlor sits twenty feet from the Head Start Daycare at the Presbyterian Church on Fifth Avenue and steps from Marin Academy High School. SRCC Minutes (Regular) 05/04/2009 Page 1 SRCC Minutes (Regular) 05/04/2009 Page 2 Carolvn Svenson, San Rafael resident and income -property owner, expressed concern about the risk to tenants and homeowners living in multi -use zoned neighborhoods. Reporting that a six-year old girl resides in one of her rental units, which is directly across the street from a massage parlor, she noted that a neon sign remains lit until midnight at this location. She reported that there was a great deal of traffic as a result of the massage parlor being open at these late hours, together with an influx of strangers to a neighborhood with a preponderance of residential. Ms. Svenson hoped the zoning laws could be refined to prohibit these establishments in residential and multi -use neighborhoods, limiting them to within business use areas. Mr. Nordhoff, City Manager, noted the speakers were specifically referring to a recent application on Fifth Avenue. He stated that currently, there were no zoning restrictions in any areas throughout the City relating to massage use. Mr. Brown explained that massage therapists were considered personal service uses, similar to a long laundry list, which includes beauty shops, nail salons, travel agents, diet center, etc., which were permitted uses in all commercial districts. He reported that a number of years ago, the San Rafael Municipal Code was changed to create a police licensing provision in the belief that zoning was not a good tool to determine which massage therapists were legitimate. He indicated that a police licensing process is currently in operation that involves background checks, fingerprinting, monitoring, etc. Responding to Councilmember Brockbank's question regarding legal requirements, noting a recent change in the law concerning state licensing for massage therapists, City Attorney Robert Epstein stated that the City Attorney's Office, when directed by the City Manager, would be happy to report at a future City Council meeting on legal developments. Mr. Nordhoff believed the best approach would be to gather information and recent findings on a cross -departmental basis and provide a comprehensive report to the City Council, keeping Mr. Sears and Ms. Svenson apprised of when this would be. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Connolly seconded, to approve the Consent Calendar as follows. ITEM Call for Applications for Appointments to Fill Two Four -Year Terms on the Design Review Board, to the end of June 2013, due to Expiration of Terms of Jeff Kent and Viktoriya Wise (CC) — File 9-2-39 Call for Applications for Appointments to Fill Two Four - Year Terms on the Planning Commission, to the end of June, 2013, due to Expiration of Terms of Kate Colin and Charles Pick (CC) — File 9-2-6 RECOMMENDED ACTION a) Called for applications to fill two -four- year terms on the Design Review Board, with terms to expire the end of June, 2013; b) Set deadline for receipt of applications for Tuesday, May 26, 2009 at 12 -Noon in the City Clerk's Office, Room 209, City Hall; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, June 1, 2009. a) Called for applications to fill two -four- year terms on the Planning Commission, with terms to expire the end of June, 2013; b) Set deadline for receipt of applications for Tuesday, June 9, 2009 at 12 -Noon in the City Clerk's Office, Room 209, City Hall; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, July 6, 2009. SRCC Minutes (Regular) 05/04/2009 Page 2 4. Resolution Denying Appeal and Approving a Modified Project Application re 721-737 Francisco Boulevard East ("Litchfield's") (CD) — File 273 Resolution Authorizing Execution of Agreements for Assessing the Feasibility of Public Facilities Ballot Measure Options, Plus a Facilities Bond Measure Survey, with Sidewalk Strategies and Godbe Research (CM) — File 4-3-434 x 4-3-435 Resolution Approving an Agreement Between the City of San Rafael and Marinwood Community Services District for Fire Protection and Emergency Response Services for 2009-2010 (FD) — File 4-10-130 x 9-3-31 Resolution Amending Resolution No. 11498 and Authorizing Amendment of the Declaration of Trust for the ICMA-RC Vantagecare Retirement Health Savings (RHS) Plan to Allow New Contributions to Such Plan (MS) — File 7-4-5 Resolution Accepting a Proposal from Ghirardelli & Associates, Inc. for Professional Services to Provide Project Administration and Inspection Services for the Third Street and Union Street Improvement Project, No. 11025, and Authorizing the City Manager to Execute the Agreement in an Amount of $125,000.00 (PW) — File 4-3-501 x 9-3-40 SRCC Minutes (Regular) 05/04/2009 Page 3 RESOLUTION NO. 12726 RESOLUTION: A) DENYING AN APPEAL (AP09-001) OF THE PLANNING COMMISSION'S DENIAL OF THE INITIAL PROJECT; AND B) APPROVING MODIFICATIONS TO THE PROJECT (SIGN PROGRAM AMENDMENT [SR08-070], SIGN EXCEPTION [EX09-002], AND ENVIRONMENTAL AND DESIGN REVIEW PERMIT AMENDMENT [ED08-110] TO ALLOW: 1) AN INCREASE IN THE NUMBER AND SIZE OF SIGNAGE; 2) AN INCREASE IN THE HEIGHT OF AN EXISTING FREESTANDING PYLON SIGN FROM 21' TO 28'; AND 3) NEW SIGN AND BUILDING COLORS FOR AN EXISTING MOTEL/BULK COMMERCIAL RETAIL COMPLEX LOCATED AT 721-737 FRANCISCO BOULEVARD EAST ("LITCHFIELD'S") APN: 014-204-11 RESOLUTION NO. 12727 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS FOR ASSESSING THE FEASIBILITY OF PUBLIC FACILITIES BALLOT MEASURE OPTIONS PLUS A FACILITIES BOND MEASURE SURVEY, WITH SIDEWALK STRATEGIES AND GODBE RESEARCH RESOLUTION NO. 12728 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION AND EMERGENCY RESPONSE SERVICES FOR 2009-2010 RESOLUTION NO. 12729 RESOLUTION AMENDING RESOLUTION NO. 11498 AND AUTHORIZING AMENDMENT OF THE DECLARATION OF TRUST FOR THE ICMA-RC VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN TO ALLOW NEW CONTRIBUTIONS TO SUCH PLAN RESOLUTION NO. 12730 RESOLUTION ACCEPTING A PROPOSAL FROM GHIRARDELLI ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO PROVIDE PROJECT ADMINISTRATION AND INSPECTION SERVICES FOR THE THIRD STREET AND UNION STREET IMPROVEMENT PROJECT, PROJECT NO. 11025, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT IN AN AMOUNT OF $125,000.00 SRCC Minutes (Regular) 05/04/2009 Page 3 Resolution Approving and Authorizing the City Manager to Execute an Amendment to the June 16, 2003 Agreement With Kimley-Horn And Associates, Inc. to Expand the Scope of Work for the Third Street And Union Street Improvements Project in the Amount of $14,500, for a Total Amount not to Exceed $137,064 (PW) — File 4-10-336 x 11-10 x 11-11 10. Resolution Designating the Week of May 10 - 16, 2009 as Small Business Week (RA) — File 102 11. Resolution Authorizing Closure of Downtown City Streets in Connection with the San Rafael Twilight Criterium on Saturday, July 11, 2009 from 12 Noon to 10:00 p.m. (RA) — File 11-19 12. Resolution Approving the Redevelopment Agency Purchase of a Below Market Rate Unit for $244,000, Approving Up to $31,000 for Costs Associated with the Resale and Making Findings and Approvals Pursuant to the California Redevelopment Law in Connection with the Utilization of Agency Low and Moderate Income Housing Funds Outside the Central San Rafael Redevelopment Project Area (APN 155-376-24) (RA) — File 229 x R-173 SRCC Minutes (Regular) 05/04/2009 Page 4 RESOLUTION NO. 12731 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE JUNE 16, 2003 AGREEMENT WITH KIMLEY- HORN AND ASSOCIATES, INC. TO EXPAND THE SCOPE OF WORK FOR THE THIRD STREET AND UNION STREET IMPROVEMENTS PROJECT IN THE AMOUNT OF $14,500 FOR A TOTAL AMOUNT NOT TO EXCEED $137,064 RESOLUTION NO. 12732 RESOLUTION OF APPRECIATION TO ALL SMALL BUSINESSES IN SAN RAFAEL AND DESIGNATION OF MAY 10-16,2009 AS SMALL BUSINESS WEEK RESOLUTION NO. 12733 RESOLUTION AUTHORIZING THE TEMPORATY CLOSURE OF CITY STREETS FOR THE SAN RAFAEL TWILIGHT CRITERIUM ON SATURDAY, JULY 11, 2009 FROM 12 -NOON TO 10:00 PM RESOLUTION NO. 12734 RESOLUTION APPROVING THE REDEVELOPMENT AGENCY PURCHASE OF A BELOW MARKET RATE UNIT FOR $244,000, APPROVING UP TO $31,000 FOR COSTS ASSOCIATED WITH THE RESALE AND MAKING FINDINGS AND APPROVALS PURSUANT TO THE CALIFORNIA REDEVELOPMENT LAW IN CONNECTION WITH THE UTILIZATION OF AGENCY LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA (APN: 155-376-24) AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION: 13. PRESENTATION OF RESOLUTION OF APPRECIATION FOR SMALL BUSINESS WEEK (RA) — FILE 102 Mayor Boro stated this was a Resolution of Appreciation to all small businesses in San Rafael, designating the week of May 10 — 16, 2009 as Small Business Week in San Rafael. Mayor Boro stated the resolution indicated that Small Businesses make up an essential part of the economic health of the City of San Rafael. The City supports the San Rafael Chamber of Commerce Business Showcase, which functions as a highly successful resource for small businesses and small businesses create a strong local economy, provide employment opportunities and the products and services necessary to residents and other businesses. Small Businesses generate vitality and add life to all San Rafael business centers and Small Businesses, the City of San Rafael and San Rafael Chamber of Commerce work together SRCC Minutes (Regular) 05/04/2009 Page 4 SRCC Minutes (Regular) 05/04/2009 Page 5 to promote and strengthen the community. Mayor Boro quoted from the Resolution: "Now, therefore, be it resolved that the Mayor and City Council of the City of San Rafael designate May 10 — 16, 2009 as Small Business Week, support the Business Showcase on May 13, 2009 and express sincere appreciation for the contributions of all Small Businesses in the City of San Rafael." On behalf of the San Rafael Chamber of Commerce and all Small Businesses in San Rafael, Jerry Tallman, San Rafael Chamber of Commerce, thanked the City Council and all involved for designating the week of May 10 — 16, 2009 as Small Business Week and for their support of the Business Showcase. OTHER AGENDA ITEMS: 14. DISCUSSION RE CITY'S BUDGET FOR 2009- 2011 (CM) — FILE 8-5 City Manager Ken Nordhoff reported that on Wednesday last, April 29, 2009, the City Council and staff spent a substantial amount of time working through a Service Prioritization worksheet, the tallied results of which he submitted to the City Council this evening. Referring to these results, Mr. Nordhoff indicated that the first two pages related to a variety of police services, noting there appeared to be strong support around priorities such as: • Maintaining the assignment of police beats on a 24/7 basis • Maintaining staffing and resources in the Directed Patrol Unit - supports intervention with regard to prostitution, gangs, etc. • Mental Health program With regard to the COPE program, which interrelates to the Major Crimes Task Force, Mr. Nordhoff stated he called this out because everything in the table discusses ways of reducing service, whereas this would actually be getting back into the program. Mr. Nordhoff noted a number of items in the center column (Mid Level Priority — May Consider Service Reduction) where Councilmembers requested further information before supporting a final decision. Pausing for questions, Mr. Nordhoff stated it was staff's expectation that more specific information would be brought forward over the next month. With regard to the Major Crimes Task Force, Councilmember Brockbank stated that since San Rafael was not currently a member he was unsure what a Lesser Priority, Willing to Reduce, Services would mean in that context. Mr. Nordhoff stated that the context did not fit, as it was the only item that would incur an additional cost. He inferred from the Council responses that two members would like San Rafael to be reinstated and three were satisfied at not returning to the Major Crimes Task Force in its reformed condition. Referring to pages 3 and 4 of the worksheet, Mr. Nordhoff noted rankings around Emergency Services programs, Fire Services and Library. On page 4, he noted strong support to hold on to the Volunteer Program. Pages 4 and 5 listed a number of Public Works services. Items of note dealt with strong support for ensuring traffic signals were operating effectively and efficiently and for storm water maintenance. Page 5 also listed some Community Development related items, some of which required additional response and information. Mr. Nordhoff stated he was using this worksheet as a gauge. The list included items, which Council considered essentially non-negotiable at this point. Other items were in the lesser priority category, which demonstrated some willingness to slow down, reduce or diminish the level of services and the mid-level priority. He indicated he would be working with the departments, had commenced a series of budget meetings and would return to the City Council in two weeks to provide a preview of Goals and Objectives for the next two years. Mr. Nordhoff stated he would also be working with the departments to generate recommendations rooted in how the various services had been ranked by the City Council. Noting a number SRCC Minutes (Regular) 05/04/2009 Page 5 SRCC Minutes (Regular) 05/04/2009 Page 6 of items were not listed, he reminded the City Council that should there be opportunities, administratively, through some support services areas to save money or reduce costs, these would be evaluated. However, the worksheet contained the primary services delivered by the various departments, which most directly benefited the public and primarily came from General Fund taxes, which were in deep decline. With regard to the rankings, Councilmember Brockbank stated that his quick initial count indicated five areas Mr. Nordhoff considered to be in the Lesser Priority Category; however, in three of those no Councilmember agreed. He indicated this could mean more information was needed as to why Mr. Nordhoff believed these were areas that should be cut. With regard to the Mid -Level Category he confirmed with Mr. Nordhoff that further information would be forthcoming. The report was accepted by the City Council. CITY MANAGER'S REPORT: 15. H1N1 Virus: - File 13-1 City Manager Ken Nordhoff stated that Steven Hancock, Emergency Services Manager, would provide an update on the H1 N1 virus. Steven Hancock provided a timeline of events and update on San Rafael's handling of this health emergency, noting Marin County agencies worked really well together. He indicated that the City of San Rafael handled the situation with a unified command, which included Fire, Police, Community Services, Library, etc. Mr. Hancock reported that at this time cases in Marin County, and nationally, were decreasing. Bahia Vista School would reopen tomorrow, Tuesday, May 5, 2009, and Pickleweed Park Community Center and Library would reopen tomorrow to normal operations. Mayor Boro congratulated Jim Schutz, Nancy Mackle, Carlene McCart, Steven Hancock and Angela Del Ponte for their work on Thursday evening last, April 30th, 2009. He indicated that even more impressive was the fact that when a call went out for volunteers from City staff to assist with screening at Pickleweed Community Center and Library over the weekend, shifts were over -subscribed. COUNCILMEMBER REPORTS: (Including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 16. Association of Bav Area Governments (ABAG): - File 111 x 9-1 Councilmember Brockbank reported on his attendance at the ABAG Spring General Assembly and Business Meeting on Thursday, April 23, 2009 and shared some meeting material. He noted Nancy McFadden, PG&E, had some interesting statistics concerning Greenhouse Gases: • If the entire United States had taken the same steps as California, the Kyoto goals would already have been met • California's energy use had been flat, while the rest of the United States use was increasing With regard to AB 811 — Legislation that allows groups to set up Assessment Districts, referred to as "Berkeley First", Councilmember Brockbank noted that Sonoma had recently set one up, the Bay Area was considering setting one up, as was Marin Clean Energy. Councilmember Brockbank reported that the world's percentage of Greenhouse Gases from transportation was 14%. In the Bay Area this was 41 % and 61 % in San Rafael. There being no further business, Mayor Boro adjourned the City Council meeting at 8:49 p.m. to Closed Session item # 1c) — Labor Negotiations ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12009 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 05/04/2009 Page 6