HomeMy WebLinkAboutCC Minutes 2009-07-06SRCC Minutes (Regular) 07/06/2009 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 6, 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 CHAMBERS — 4:00 PM
Mayor Boro announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 — 4:00 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 II)
U.S. District Court, Northern Dist. of CA, Case # C043325
City Attorney, Robert Epstein, reported that the City Council unanimously directed its Attorneys to seek appellate
review of the judgment entered on June 30, 2009, in the case of MHC Financing Limited Partnership, et al. v. Citv of
San Rafael, et al. Mr. Epstein stated that the appellate review would be sought in the 9" Circuit Court.
CLOSED SESSION — CONFERENCE ROOM 201 — 9:30 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. Western Council of Engineers
San Rafael Firefighters' Assn. Assn. of Confidential Employees (Local 1)
San Rafael Police Mid -Management Assn. SEW Miscellaneous & Supervisory
San Rafael Police Association SEIU Child Care Unit
Unrepresented Management
Unrepresented Mid -Management
Elected City Clerk and Elected Part -Time City Attorney
Mayor Boro announced at 10:03 p.m. that no reportable action was taken.
SRCC Minutes (Regular) 07/06/2009 Page 1
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
SRCC Minutes (Regular) 07/06/2009 Page 2
8:15 PM
Vice -Mayor Heller thanked the Police Department for their assistance in procuring a new State of California flag for the
Council Chambers.
Contempo Marin: - File 9-1
Dick Heine, President of the Contempo Marin Homeowners' Association, invited all in attendance from Contempo Marin to
stand. Mr. Heine expressed appreciation and thanks on behalf of all Contempo Marin residents for the City's support during
the lengthy lawsuit. He noted the Rent Stabilization Ordinance was originally intended to provide a measure of protection for
residents and they were very grateful for the City's sustained support in fighting this challenge. Mr. Heine offered their
support to the City at any time in this action.
Jerry Frate, resident of Contempo Marin, expressed thanks to the Council for the appeal. He felt the City had "done the right
thing" for the past 8 years and
offered support going forward. Hoping to go through the entire appeal process, Mr. Frate stated however, that, should
there be settlement discussions with MHC, they would like to be at the table to voice their concerns.
Jude Briscoe, Contempo Marin, applauded the decision made by the City Council.
Keith Melonev, Contempo Marin, expressed thanks to the City Council for to -day's decision. He indicated that all
residents of Contempo Marin fully understood the enormous challenge the City had faced during this litigation. The
dedication and commitment shown towards protecting the welfare of not only residents, but towards affordable housing
in general was never taken for granted. Fortunate not to have a mortgage payment, he reported having taken
possession of his home in January, 2000, before the lawsuit existed, and according to the most recent demographic
study, approximately one-third of residents moved into Contempo Marin between the years the ordinance was
enacted and when the lawsuit was filed.
Noting they were not facing foreclosures, Mr. Meloney believed they were facing what they considered to be theft,
sanctioned by the Northern District Court. He questioned how Judge Walker could apply a free market ideology where
there was no competition and how the Court could remedy a taking by creating a new one. Since the constitutionality
of the ordinance was being argued, he suggested that perhaps ELS should pay the difference between the $18.9
million and the actual market value of the property plus interest.
Mr. Meloney noted that this case had been held hostage in the Northern District Court since its inception and there had
not been within their reach an opportunity for a judge, other than Judge Walker, to consider the facts and interpret the
evidence. Although frightened, he indicated that residents still held out the hope that the 9th Circuit Court would see
what Judge Walker did not.
Noting the City of San Rafael was not alone, Mr. Meloney stated they would do everything possible to promote this
cause amongst the constituents who also faced this risk and would benefit from the victory. He indicated that his
attorney would forward to San Rafael's City Attorney a list of 91 California cities that also had rent control ordinances
which were being actively enforced.
Mr. Meloney stated they had been meeting with and gathering prospective amicus brief contributors - Bank of Marin,
Hamilton Credit Union, Golden State Mobile Homeowners' League, Marin Housing Authority and others. They planned
to consult with the League of California Cities and/or correspond directly with the City Attorneys of the other 91 cities,
with possible fundraising from various demographic groups. Realizing there was a political and financial component to
be considered at all times, they also hoped that whatever the City Council decided to do, a path would be followed
which would lead to mutual victory.
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Connolly seconded, to approve the Consent Calendar as follows:
ITEM
RECOMMENDED ACTION
Approval of Minutes of Regular City Council Meetings of June Minutes approved as submitted.
1, and June 15, 2009 (CC)
SRCC Minutes (Regular) 07/06/2009 Page 2
SRCC Minutes (Regular) 07/06/2009 Page 3
Resolution in Supporting Continued Research on Utilizing RESOLUTION NO. 12771
Methane Capture -Food Waste to Energy Technology at the RESOLUTION SUPPORTING CONTINUED
Central Marin Sanitation Agency Facility (CM) — File 4-3-492 RESEARCH ON UTILIZING METHANE
CAPTURE -FOOD WASTE TO ENERGY
TECHNOLOGY AT THE CENTRAL MARIN
SANITATION AGENCY FACILITY
4. Resolution Approving the Application for Grant Funds for the
Assistance to Firefighters Fire Station Construction Grant
Program Under the American Recovery and Reinvestment Act
of 2009 for Fire Station #4 Upgrade (CM) — File 279 X 9-3-31
Resolution Authorizing the City Manager to Execute a
Professional Services Agreement with Russ Hamel for
Pickleweed Advancement Team Fundraising Services (From
July 1, 2009 to June 30, 2010) (CM) — File 4-3-502 x 9-3-65
Resolution Approving a Contract Amendment (CLTK-9038)
with the Department of Education which Provides $123,410 in
Future Funds for Fiscal Year 2009-2010 for Extended Day
Child Care Services and Authorizing the City Manager to Sign
Contract Documents (CS) — File 4-10-238 x 9-3-65
Resolution Approving a Contract Amendment (CSPP-9295)
with the Department of Education which Provides $179,275 in
Funds for Fiscal Year 2009-2010 for Child Development
Services and Authorizing the City Manager to Sign Contract
Documents (CS) — File 4-10-238 x 9-3-65
San Rafael Ridge Access Committee Report (CS) —
File 9-3-65
a) Resolution Appropriating Unappropriated Revenues for
Fiscal Year 2008-2009
b) Resolution Approving Fiscal Year 2009-2010 GANN
Appropriation Limit (Fin) — File 8-5 x 8-9
RESOLUTION NO. 12772
RESOLUTION APPROVING THE
APPLICATION FOR GRANT FUNDS FOR
THE ASSISTANCE TO FIREFIGHTERS
FIRE STATION CONSTRUCTION GRANT
PROGRAM UNDER THE AMERICAN
RECOVERY AND REINVESTMENT ACT
OF 2009 FOR FIRE STATION #4
UPGRADE
RESOLUTION NO. 12773
RESOLUTION TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT
WITH RUSS HAMEL FOR PICKLEWEED
ADVANCEMENT TEAM FUNDRAISING
SERVICES (FROM JULY 1, 2009 TO JUNE
30, 2010)
RESOLUTION NO. 12774
RESOLUTION APPROVING A CONTRACT
(CLTK-9038) FOR FISCAL YEAR 2009-
2010 WITH THE CALIFORNIA
DEPARTMENT OF EDUCATION FOR
EXTENDED DAY CHILD CARE SERVICES
AND AUTHORIZING THE CITY MANAGER
TO SIGN CONTRACT DOCUMENTS IN
THE AMOUNT OF $123,410
RESOLUTION NO. 12775
RESOLUTION APPROVING A CONTRACT
(CSPP-9295) FOR FISCAL YEAR 2009-
2010 WITH THE CALIFORNIA
DEPARTMENT OF EDUCATION FOR
STATE PRESCHOOL SERVICES AND
AUTHORIZING THE CITY MANAGER TO
SIGN CONTRACT DOCUMENTS IN THE
AMOUNT OF $179,275
Accepted Report.
RESOLUTION NO. 12776
RESOLUTION APPROPRIATING
UNAPPROPRIATED REVENUES FOR
FISCAL YEAR 2008-2009
RESOLUTION NO. 12777
RESOLUTION APPROVING FISCAL YEAR
2009-2010 GANN APPROPRIATIONS
LIMIT AT $66,617,708
SRCC Minutes (Regular) 07/06/2009 Page 3
10. Resolution Setting the Special Assessment District Tax Rates
on All Taxable Property Within the Community Facilities
District No. 1992-1 for Fiscal Year 2009-2010 (Loch Lomond
#10) (Fin) — File 6-50 x 9-12-1
SRCC Minutes (Regular) 07/06/2009 Page 4
RESOLUTION NO. 12778
RESOLUTION SETTING THE SPECIAL
ASSESSMENT DISTRICT TAX FOR LOCH
LOMOND #10 FOR FISCAL YEAR 2009-
2010 AT $554 PER PARCEL, EXCEPTING
EXEMPT ASSESSOR PARCEL NOS. 16-
330-12,13,14.
11. Resolution Rescinding Resolution Nos. 12456 and 12512 and RESOLUTION NO. 12779
Adopting a Revised Temporary, Seasonal, Retiree and Fixed- RESOLUTION RESCINDING RESOLUTION
Term Employees Salary and Benefit Plan (MS) — File 7-8-6 NOS. 12456 and 12512, AND ADOPTING A
REVISED TEMPORARY, SEASONAL,
RETIREE, AND FIXED -TERM EMPLOYEES
SALARY AND BENEFIT PLAN
12.
Resolution Adopting Memorandum of Understanding (MOU)
RESOLUTION NO. 12780
Pertaining to Compensation and Working Conditions for
RESOLUTION PERTAINING TO THE
Service Employee International Union, SEIU Local 1021 (July
COMPENSATION AND WORKING
1, 2009 through June 30, 2010) (MS)— File 7-8-1
CONDITIONS FOR EMPLOYEES
REPRESENTED BY SEIU LOCAL 1021
13.
Resolution Adopting Memorandum of Understanding (MOU)
RESOLUTION NO. 12781
Pertaining to Compensation and Working Conditions for
RESOLUTION PERTAINING TO THE
Western Council of Engineers (July 1, 2009 through June 30,
COMPENSATION AND WORKING
2010 (MS) — File 7-8-8
CONDITIONS FOR EMPLOYEES
REPRESENTED BY THE WESTERN
COUNCIL OF ENGINEERS (WCE)
14.
Second Reading and Final Adoption of Ordinance No. 1874 - (PD)
Approved final adoption of Ordinance No.
"AN ORDINANCE OF THE CITY OF SAN RAFAEL
1874.
AMENDING CHAPTER 8.19 OF THE SAN RAFAEL
MUNICIPAL CODE CHAPTER ENTITLED "SOCIAL HOST
ORDINANCE" CONCERNING COLLECTION OF
RESPONSE COSTS" — File 13-1 x 9-3-30
15.
Report on Bid Opening and Resolution Awarding Contract
RESOLUTION NO. 12782
for Traffic Signal Preventive Maintenance and Repair
RESOLUTION AWARDING A CONTRACT
Program 2009/2011; Project No. 001-44-3-30-010-9231 to
FOR TRAFFIC SIGNAL PREVENTATIVE
Republic ITS, Inc. in the Amount of $48,000 (Bid Opening
MAINTENANCE AND REPAIR PROGRAM
Held on Tuesday, June 23, 2009 (PW) — File 4-1-611
2009/2011, PROJECT NO. 001-44-33001-
9231, TO REPUBLIC INTELLIGENT
TRANSPORTATION SERVICES, INC., IN
THE AMOUNT OF $48,000.00 ANNUALLY
(BID OPENING HELD JUNE 23RD, 2009)
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINED: COUNCILMEMBERS: Mayor Boro from Minutes of 6/15/09 and Item #14 due to
absence from meeting of 6/15/09
With regard to Item #5, Mayor Boro introduced and welcomed Russ Hamel.
PUBLIC HEARING:
16. 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 2009-2010 FOR BOTH RESIDENTIAL AND NOW
RESIDENTIAL PROPERTIES (FIN) — FILE 9-12-1 x 9-3-31 x 8-5
SRCC Minutes (Regular) 07/06/2009 Page 4
SRCC Minutes (Regular) 07/06/2009 Page 5
Mayor Boro declared the public hearing opened.
Cindy Mosser, Finance Director, stated that the adoption of this ordinance would establish the paramedic tax
rate for Fiscal Year 2009/2010 for the City of San Rafael, County Service Areas #19 and #13 and the
Marinwood Community Services District. Ms. Mosser reported that in 1979, the City's voters approved the
Paramedic Program allowing the City Council to approve tax rates based upon the operating costs of this
program. In November, 2006, the citizens of San Rafael passed Measure P, which established an $85 ceiling
on the residential tax rate and $.11 cents per square foot ceiling for non-residential units.
For Fiscal Year 2009/2010, Ms. Mosser reported that the cost of running the paramedic program was
approximately $5.3 million; this sum was included in the overall City budget being presented this evening. As
noted in the report prepared by the Fire Department, they had implemented some changes to their operations
in the Paramedic Program for 2009-2010. Changes included transitioning to having all firefighter/paramedics,
transitioning the dispatch services to Marin County Communications Center and using San Rafael medic units
for all EMS response and transport.
Ms. Mosser stated staff proposed a residential rate increase of $4 for a total rate of $81 for the City and the
three other jurisdictions. She noted that the residential sector accounted for approximately 63.6% of the total
paramedic tax resources. Staff also proposed that non-residential units be increased to a rate of $.1030 cents
per square -foot — commercial/industrial customers comprised approximately 36.4% of total tax revenue.
Ms. Mosser reported that she and Administrative Chief Officer, Keith Schoenthal, met with the County,
Marinwood and CSA #19 & #13 representatives on June 29th, 2009 to discuss the rates. She noted that Chief
Gray was present to answer any questions regarding service.
Ivaldo Lenci, San Rafael resident, stated that as a result of his calculations, he found a staff level of 20.7 in the
paramedic department, at an average salary of $107,608.00. Overtime amounted to $31,070.50, with benefits
of $89,200 for each step, Expressing concern that City residents were paying too much, he urged the City
Council to enter into 5 -year contracts with labor unions. He also expressed concern regarding City investments
Mayor Boro clarified for Mr. Lenci that the City Manager had indicated on several occasions that the City has no
stock market investments. The stock discussed by Mr. Lenci was in the Pension Fund which was operated by
the County of Marin.
Ken Nordhoff stated that staff presents investment reports for the City and Redevelopment Agency monthly,
which were public record. With regard to stock, the City was not permitted under its investment policy, recently
reviewed and approved, to invest in the stock market -- State Government Code prohibited the City from doing
so. He also informed Mr. Lenci that the County Retirement System, PERS (Public Employee Retirement
System) or other systems had broader capabilities and set their own policies and parameters under which they
made these types of investments. The City of San Rafael never had or would purchase stocks
There being no further comment from the audience, Mayor Boro closed the public hearing.
The title of the ordinance was read:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX
RATE, COMMENCING WITH FISCAL YEAR 2009-2010, 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 2009-2010 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
($81.00 FOR RESIDENTIAL AND $.1030 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTY)
Councilmember Miller moved and Councilmember Brockbank seconded, to dispense with the reading of the
ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1875 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller, and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC Minutes (Regular) 07/06/2009 Page 5
SRCC Minutes (Regular) 07/06/2009 Page 6
OTHER AGENDA ITEMS:
17. Consideration of Resolutions re: Budqet Issues: (Fin) — File 8-5 x 9-2-58
a) RESOLUTION ADOPTING REPORT FROM MEASURE `S' COMMITTEE
b) RESOLUTION ADOPTING AMENDMENTS TO THE CITY BUDGET FOR FISCAL YEAR 2008-2009
c) RESOLUTION ADOPTING THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2009-2010
Finance Director Cindy Mosser stated she would present the City's Budget for Fiscal Year 2009/2010 and
amendments to the Fiscal Year 2008-2009 budget. As noted, proposed budget information was presented on
several occasions — April 29, May 18 and June 1, 2009. The budget for FY 2009-2010 included many one-time
items such as furloughs, deferral of vehicle replacements, and their related service charges, together with use
of Workers' Compensation and Liability reserves.
Referring to Exhibit II she noted:
Changes to revenues from June 1:
• Property Transfer Tax reduction of $200,000 — to $726,000
• Local Measure A funds for some street projects, with corresponding expenditure increase
• Increase in third -party billing by $225,000 for a total of $1.9 million for 2009-2010.
Revenue Projections included:
• Sales Tax projected to a have a 6.8% decline - $16.1 million
• Measure 'S' Transactions and Use Tax projected to decline 9.1 % to $6.1 million.
Total revenues noted on page 2 of the staff report in the amount of $81.4 million.
Expenditure Assumptions:
• Compensation changes made only for units with current contracts — no increases for units under
negotiation, no increases for Management or Mid -Management.
Authorized positions listed on Exhibit III
• No percentage increase for cost of living — held at 07/08 levels
New capital projects of $2.2 million listed on Exhibit IV -- $125,000 from the General Fund, with all others from
grants or specialized restricted funds.
Ms. Mosser reported that Public Works staff generated an exhibit that listed all capital projects for the next 2
years; this contained new and existing funds.
Total estimated appropriations of $82.1 million; General Fund appropriations of $58.4 million, with reserves for
the Fiscal Year of $3.19 million, 5.7%. As previously mentioned, Ms. Mosser stated that Fiscal Year 2009-2010
contained some one-time savings. It also did not include any state take-aways that could arise.
With regard to amendments to the 2008/2009 budget, Ms. Mosser stated these were listed on Exhibits B and C
— Appropriations: $88.4 million and revenues: $83.9 million. A report from the Measure S Committee was also
included. The Committee found that Transactions and Use Tax revenues were being properly used to support
critical services in the General Fund for the 2009-2010 budget; however, due to the economic times, the total
General Fund revenues decreased. Therefore, they noted with some concern that the Public Works and Police
Services levels were being reduced.
Ms. Mosser thanked Van Back, Carl Tregner and Helen Yu for their assistance in compiling this report.
Mr. Nordhoff stated that many of the budget -balancing items taken on over the past year were one-time
solutions. While presenting a balanced budget this evening, he indicated that issues could arise overnight that
would cause it to be unbalanced. He assured the Council that the City would have more financial challenges to
face in the future, especially considering that the State has not yet approved a budget. He emphasized that the
City would continue to take steps to cut costs, share services, grow existing business, etc.
Mr. Nordhoff thanked the Department Directors for their assistance, including explaining the service
consequences. Ms. Mosser noted on Exhibit III a listing of staffing — shrinking down approximately 30 positions.
SRCC Minutes (Regular) 07/06/2009 Page 6
SRCC Minutes (Regular) 07/06/2009 Page 7
The two—year Goals and Objectives would be updated this month and returned to the City Council for
ratification. A Budget in Brief document would be generated to summarize what could be done in the coming
year, given resources. Mr. Nordhoff believed it important that the City Council fully understood, and where
necessary, provide policy direction on pairing down or limiting some items.
Mr. Nordhoff expressed thanks to Cindy Mosser for her hard work, long hours and diligence preparing the
budget.
Councilmember Heller inquired about the Open Space Acquisition and noted that the Gold Hill account was
almost depleted. She wondered what, if any, process would be used to replenish funds for open space.
Mr. Nordhoff explained that this was one-time money that was voter -approved about 20-30 years prior that
helped buy down some segments of open space across the community. Most of it was spent over that period
of time.
With reference to the Radio Committee, Councilmember Heller inquired whether the radio system was being
replaced.
Mr. Nordhoff stated this was the cost of operating and maintaining the debt service associated with the MERA
(Marin Emergency Radio Authority) Radio System.
Michael Burke, resident of San Rafael indicated he was speaking on behalf of several families in the Coleman
Elementary School District. He noted a drastic reduction in the Public Works Parks budget line item,
particularly graffiti abatement, and believed this could be addressed with some strategic thinking. Having
spoken with some Public Works staff and Police Officers, he believed the issue of graffiti abatement was
important. He suggested this issue could be thought through again by the Director of Public Works.
Mr. Nordhoff stated that, although a designated position would be lost, Public Works Director, Parviz Mokhtari
would work with the Community Development Department and Code Enforcement to deal with graffiti. Mr.
Nordhoff stated that since the Coleman overpass falls under the jurisdiction of CALTRANS, the City would
continue to collaborate with them and other agencies to deal with graffiti.
Councilmember Heller suggested that a CALTRANS phone number be provided to the public.
Mr. Nordhoff stated that he would get the contact information for Mr. Burke. He understood there was a
maintenance crew in the North Bay with quite a span of responsibility.
Councilmember Brockbank suggested that the City use cameras to apprehend graffiti artists in the same
manner in which red-light cameras were implemented in intersections.
Councilmember Connolly moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 12783 — RESOLUTION ADOPTING AMENDMENTS TO THE 2008-2009 BUDGET
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Brockbank moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 12784 — RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR JULY 1,
2009 — JUNE 30, 2010 AND PROVIDING FOR THE APPROPRIATION AND
EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET IN THE
AMOUNT OF $82,140,110.
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SRCC Minutes (Regular) 07/06/2009 Page 7
SRCC Minutes (Regular) 07/06/2009 Page 8
Councilmember Heller mover and Councilmember Brockbank seconded, to adopt the Resolution.
RESOLUTION NO. 12785 — RESOLUTION ADOPTING THE MEASURE "S" COMMITTEE REPORT
COVERING THE PROPOSED FISCAL YEAR 2009-2010 GENERAL FUND
BUDGET
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Mayor Boro thanked Cindy Mosser, her staff and all of the Department Directors for their extensive work on the
budget over the past many months. He noted that former Mayor, Larry Mulryan, recently commented that in
the sixteen years he was on the City Council, he never saw a budget with as much distress as this one. He
also thanked the labor unions for their help with contracts, which was very much appreciated.
18. CONSIDERATION OF POLICY REGARDING LOW INCOME DISCOUNTS FOR COMCAST SUBSCRIBERS
(CM) — FILE 4-13-101
Mr. Nordhoff reported that he had summarized the work presented at the last meeting, at least in terms of the
idea. He met with Vice -Mayor Heller and had included additional information as attachments, including some
staff report work from MTA (Marin Telecommunications Agency), both recently and dating back to 2006. He
believed he had captured what was being considered by the MTA. There appeared to be a nominal impact to
the City's budget; however, sometimes nominal impacts became more significant. He believed some of the
work was in development or process; therefore, he could not state specifically what the cost would be to
administer this type of program, or exactly what the loss of revenue would be; however, this would be
forthcoming through Barbara Thornton, Executive Director, MTA. Mr. Nordhoff indicated that this item was
agendized for some policy discussion by the City Council to be directed to Vice -Mayor Heller, MTA
representative.
Vice -Mayor Heller stated she, as the MTA representative, brought this issue to the City Council for advice on
making a decision on spending City funds. Indicating she had concerns, she explained that it was an open-
ended project with no indication of what staff time would be involved, whether a new staff person would need to
be hired or whether an entirely new program would have to be generated. Therefore, she would appreciate any
assistance or advice.
Councilmember Miller stated that in his time as MTA representative, the issue had been and continued to be
evolving. He noted that during his term when this issue arose it concerned the fact that every franchise fee was
directed to the General Fund. At the time he found a middle ground to use funds developed by the agency
through fines, etc. — money not directed to the General Fund. He believed this was tantamount to a new
service and noted the City's Recession Action Plan called for no new services. The number of subscribers was
uncertain and it was also uncertain as to who would conduct the operations of the project. Although the idea
was good and compassion should be shown, as demonstrated by Larry Bragman, he believed at this time it
was not a good idea.
Mayor Boro confirmed with Vice -Mayor Heller that this program was not currently in place. Vice -Mayor Heller
clarified that Comcast was involved with part of such a program; however, they refused to add new subscribers
and the program would cease as subscribers dropped out.
Mr. Nordhoff explained that Comcast brought forward under the new franchise agreement those who fit the low-
income requirement at the time; however, they had not brought any new subscribers into any new program;
therefore, the program would gradually sunset away. He believed this was an attempt to reconstitute a new
program to address the subscribers lost in the past ten years who had not been eligible for such a program.
Councilmember Miller reported that during the negotiation of the franchise this was one of the elements brought
forward; albeit low on the list of priorities.
Vice -Mayor Heller noted that the Comcast Franchise Agreement approved in 2006 did not provide for a low
SRCC Minutes (Regular) 07/06/2009 Page 8
SRCC Minutes (Regular) 07/06/2009 Page 9
income discount. They did agree to continue with their existing low income discounts; however, going forward,
no additional customers would be given this discount. She noted that many low-income subscribers with
Comcast did not receive just basic services, but the full package. She believed it was an open-ended issue
with no knowledge of the staff time involved. Currently there was an executive director with a part-time staff
person and a clerk who handled comments and complaints about Comcast.
Mayor Boro noted that the memorandum from Larry Bragman dated June 10, 2009 addressed the fact that
there were 288 subscribers receiving the discount at a cost of $12,199 per year throughout the entire county.
The memo also stated that MTA had been left to its own resources if it were to continue its historic commitment
to the low-income discount. Refunding $12,000 to all the cities, excluding Novato, and then having to hire
someone at substantially more money to put the package together was a concern. He believed there had to be
some relationship between the cost of the program and the benefit.
Councilmember Connolly inquired whether this was a new program for San Rafael or whether the City was
being requested to chip in through the MTA.
Mayor Boro stated his understanding was that the program had been suspended. At one point, there were 288
subscribers system -wide, at a cost of approximately $1,400 annually to the City, which was deducted from the
franchise fee and apparently, there was a move to reinstate this. He noted the Comcast list was out of date
and a database needed to be created. The question was who would maintain this database and at what cost.
Councilmember Connolly noted the City's share would be $3,600 annually, which did not appear to be a lot of
money even if it were just the City's share to explore revitalizing the program jointly with other cities.
Mr. Nordhoff clarified that MTA ultimately would make a decision to do or not do this and should they choose to
move forward, everyone would share in the cost. He further clarified for Mayor Boro that there were 288 low-
income subscribers at one time, which had diminished to an unknown number. Should the program be
reconstituted he was unaware of what it could grow to or what the program parameters were for someone to be
eligible to qualify. Mr. Nordhoff tended to believe it would remain a small number of subscribers. The fairly
insignificant cost would have to be borne by the MTA and San Rafael would pay approximately 30% of
whatever that cost might be, together with the associated loss in franchise fees.
Mayor Boro noted the cost could include adding a staff person which could result in more than the $12,000 or
$20,000 under discussion. He believed more should be known about the new program and what it would cost.
Mr. Nordhoff stated the City Council as a matter of its own perspective on this issue could suggest that the
program, on a cost benefit basis, should not cost more than whatever it would create in terms of reducing the
rates. It did not make sense to implement something like that and this could be one of the criteria that would
help define how the program could come together. He suggested that perhaps MCIL (Marin Center for
Independent Living) and other groups would be willing to do some of the work; he did not know whether this
was at a cost or free; however, should the program cost $20,000 to save $12,000 it did not make a lot of sense
to move forward.
Mayor Boro noted that Vice -Mayor Heller was requesting a San Rafael City Council policy decision regarding
implementation of discounted cable subscription rates for eligible low-income residents. He believed more
information was needed as to what it would cost, its size, etc., before voting for it.
Councilmember Brockbank expressed thanks to Vice -Mayor Heller for bringing the issue forward. He indicated
it troubled him because the number of people affected was low, the amount of benefit was low, and potentially,
the bureaucracy to enact it was high and might not be worth it. He indicated it should not be seen necessarily
as a diminution of funds by several thousand dollars, as these dollars had always been lost during the past few
decades of having the program. He noted these lifeline programs had a long and honorable history, i.e., phone
company, etc. He agreed with the City Manager's assessment that, should it cost more than, for example,
$50,000 to implement, it would not be cost effective.
Councilmember Brockbank stated that initially he was frustrated that Comcast would not continue the program;
however, there could be a good reason for this as they did not have the capacity to evaluate incomes, while
MCIL and MHA (Marin Housing Authority) did. Should it be possible to run the program in this way he would be
in favor of it, as it would be a small price to pay and a good benefit for the City's lowest income citizens.
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Mayor Boro invited Vice -Mayor Heller to keep the City Council posted on this issue.
Accepted report.
CITY MANAGER'S REPORT:
19. City Clerk, Esther Beirne, introduced to the City Council the new Deputy City Clerk, Mary Ryan, formerly of the
Community Services Department.
COUNCILMEMBER REPORTS: (Including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
20. U.S. Conference of Mavors: - File 9-1
Mayor Boro reported on his attendance at the U.S. Conference of Mayors held in Providence, Rhode Island, from
June 12-16, 2009, He provided copies of a letter submitted to the White House by the US Conference of Mayors with
regard to the Obama Administration's withdrawal from this conference.
Mayor Boro also reported on the Conference President, Mayor Manuel A. Diaz's (Mayor of Miami) farewell address,
part of which he quoted: "...the cities have a lot of issues before them and they continue to work with these issues,
and unlike Washington, D.C., we do not talk about sacrifices, we make them every single day..."
Other speakers included the Mexican Ambassador to the United States, who addressed issues between the two
countries, and was very informative.
Mayor Boro reported on sessions on Climate Protection, noting San Rafael had applied for a grant of $575,000. He
also noted a second phase of a further $400 million of Block Grant funds — November, 2009,
Nixie:
Mayor Boro noted that the firm Nixle was offering free software. Already in use in Southern California, this was a
communications platform that allowed cities, local police and fire departments and municipal agencies to connect with
residents via text messaging and email.
SMART Sub -committee: - File 9-1 x 245
Mayor Boro invited Councilmember Brockbank to work with him, City Manager Nordhoff and staff on a sub -committee
regarding issues concerning SMART and its implementation in and through San Rafael.
Citv Pack Fundraiser: - File 9-1
Councilmember Brockbank reported on his attendance at the League of California Cities Water Task Force meeting in
Sacramento. He indicated that the July 301" quarterly dinner for the North Bay Division of the League of California
Cities would include a panel discussion on water and he encouraged all to attend. He noted this would be combined
with the Annual Citipak fundraiser.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:26 PM and returned to Closed
Session 1c).
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2009
MAYOR OF THE CITY OF SAN RAFAEL
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