HomeMy WebLinkAboutCC Minutes 2001-02-05SRCC Minutes (Regular) 02/05/2001 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 5, 2001 AT 8:00 P.M.
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Cyr N. Miller, Vice -Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Gary 0. Phillips, Councilmember
Absent: None
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 6:30 PM:
Mayor Boro announced the Closed Session items.
CLOSED SESSION - CONFERENCE ROOM 201 - 6:30 PM:
a) Conference with Real Property Negotiator
Government Code Section 54956.8
Property Address: Menzies Parking Lot (Mission Ave. at "E" Street); APN 11-162-017
Negotiating Parties: City of San Rafael, a California municipal corporation and
MCF Property Holdings, Inc., a California public benefit corporation
Under Negotiation: Instructions to negotiator with respect to terms and conditions
City Attorney Ragghianti announced that no reportable action was taken. 8:05 p.m
Mayor Boro announced the Council would go back into Closed Session at the conclusion of this meeting to
discuss the second agendized Closed Session item.
b) Conference with Legal Counsel — Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(c)
One (1) case
Continued at end of City Council Meeting.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None
CONSENT CALENDAR:
8:05 PM
Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as
follows:
ITEM
RECOMMENDED ACTION
2. Approval of Minutes of Regular Meeting of Tuesday, Minutes approved as submitted.
January 16, 2001 (CC)
Request for Amicus Participation: (CA) Approved amicus participation.
Report to Council. Chevron USA, Inc. v. Cayetano
(Petition for Certiorari in the United States Supreme
Court) - File 9-3-16
SRCC Minutes (Regular) 02/05/2001 Page 1
CONSENT CALENDAR (Cont.):
4. Resolution Authorizing Execution of License
Agreement with Marin Radio Emergency Authority
for Installation of Telecommunication Facilities on the
City Property Known as Mountain Park Reservation
Located on San Rafael/Dollar Hill (CM) —
File 4-13-102.1 x 9-3-30 X 9-3-31 X 9-3-40
Resolution of Appreciation to Ross Morrison,
Community Services Department Custodian, as
Employee of the Quarter for Quarter Ending
December 31, 2000 (CS) —
File 102 x 7-4 x 9-3-65
6. Monthly Investment Report for Month Ending
December, 2000 (MS) — File 8-18 x 8-9
SRCC Minutes (Regular) 02/05/2001 Page 2
RECOMMENDED ACTION
RESOLUTION NO. 10764 —
RESOLUTION AUTHORIZING
EXECUTION OF LICENSE AGREEMENT
WITH MARIN EMERGENCY RADIO
AUTHORITY FOR INSTALLATION OF
TELECOMMUNICATION FACILITIES ON
THE CITY PROPERTY KNOWN AS
MOUNTAIN PARK RESERVATION
LOCATED ON SAN RAFAEL/DOLLAR
HILL (Mayor Boro disqualified himself
due to potential conflict of interest.)
RESOLUTION NO. 10765 —
RESOLUTION OF APPRECIATION TO
ROSS MORRISON, COMMUNITY
SERVICES DEPARTMENT CUSTODIAN,
AS EMPLOYEE OF THE QUARTER FOR
QUARTER ENDING DECEMBER 31, 2000
Accepted Monthly Investment Report for
month ending December, 2000, as
presented.
7. Resolution Accepting a Proposal From Jones &
RESOLUTION NO. 10766 —
Madhavan for the Re -design of Terra Linda Pool
RESOLUTION ACCEPTING A PROPOSAL
Rebuild in an Amount Not to Exceed $55,000 and
FROM JONES & MADHAVAN FOR THE
Authorizing the Mayor to Execute the Agreement
"TERRA LINDA POOL REBUILD" IN AN
(PW) — File 4-10-320 x 12-15 x 9-3-65 x 9-3-66
AMOUNT NOT TO EXCEED $55,000.00
AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
8. Resolution Appropriating $225,000 to Fully Fund the
RESOLUTION NO. 10767 —
Conversion of the Traffic Signal Lighting From
RESOLUTION APPROPRIATING $225,000
Incandescent to Light Emitting Diode (PW) —
TO FULLY FUND THE CONVERSION OF
File 4-1-528 x 11-10
TRAFFIC SIGNAL LIGHTING FROM
INCANDESCENT TO LIGHT EMITTING
DIODE
9. Resolution Authorizing the Replacement and
RESOLUTION NO. 10768 —
Purchase of Miscellaneous Vehicles and Equipment
RESOLUTION AUTHORIZING THE
(PW) — File 4-2-308 x 9-3-80
REPLACEMENT AND PURCHASE OF
MISCELLANEOUS VEHICLES AND
EQUIPMENT
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS None
DISQUALIFIED: COUNCILMEMBERS: Mayor Boro — Item No. 4 only (Due to potential conflict of
interest.)
SPECIAL PRESENTATION:
10. PRESENTATION OF RESOLUTION OF APPRECIATION TO ROSS MORRISON, CUSTODIAN,
AS EMPLOYEE OF THE QUARTER FOR QUARTER ENDING DECEMBER 31, 2000 (CS) —
FILE 102 x 7-4 x 9-3-65
Community Services Director, Carlene McCart in introducing Ross Morrison, Head Custodian at the
San Rafael Community Center, stated that in his short tenure with the City, Ross has willingly and
enthusiastically taken on the responsibility, not only for the maintenance of the building, but for
improving the facilities; he is a leader amongst the custodial staff, is the front person on weekends and
evenings representing the department and the City to customers and renters, a task he carries out
flawlessly. Many commendations have been received regarding Ross, stated Ms. McCart, adding he is
hard working and anticipates needs, which is a valuable asset in a public employee.
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Mayor Boro thanked Ms. McCart, and for the benefit of the audience, explained each quarter there is a
selection process where employees of the City recognize the "Employee of the Quarter" and Ross
Morrison was being recognized this evening as "Employee of the Quarter" for the 4t" quarter of 2000.
The Resolution, noted Mayor Boro, speaks to his accomplishments, but he felt Ross's biggest
accomplishment was that he had only been with the City for little over a year, yet the employee body
had recognized him for his wonderful efforts. Mayor Boro stated Ross should be very proud, as was
Community Services Director McCart, and on behalf of the City Council, presented him with the
Resolution of Appreciation, together with a Gold Star, stating he understood Ross had already received
his $100 award. On behalf of the City Council, Mayor Boro congratulated Ross on his achievement.
Responding, Ross thanked the Council, stating it was a big honor
PUBLIC HEARING:
11. HIGHLAND AVENUE AND DEER PARK AVENUE - REQUEST FOR RE -ZONING OF 5.41
ACRES FROM PLANNED DEVELOPMENT — HILLSIDE OVERLAY (PD -H) ZONING DISTRICT AND
PRE -ZONING OF 1.28 ACRES TO PLANNED DEVELOPMENT — HILLSIDE OVERLAY (PD -H)
ZONING DISTRICT WITH ADOPTED RESIDENTIAL ZONING REGULATIONS, A MASTER USE
PERMIT, ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND TENTATIVE PARCEL MAP FOR
SUBDIVISION OF A 6.69 ACRE SITE AND DEVELOPMENT WITH SINGLE-FAMILY RESIDENCES
ON EACH PARCEL, LOCATED IN THE DOMINICAN -BLACK CANYON NEIGHBORHOOD, APNS
015-163-02 AND 04 (DOMINICAN HEIGHTS) (CD) — FILE 10-3 x 10-5 x 10-7
Kraig Tambornini, Associate Planner, stated the project was reviewed by the Design Review Board and
Planning Commission. At the Planning Commission meeting, he reported, the home sizes and
construction logistics were discussed; the issues with the home sizes primarily focused on Lot 2, where
there was concern regarding the color and landscaping. Public comment and Planning Commission
comment basically resulted in a recommendation which concurred with the Design Review Board, to
the effect that the building material colors of Lot 2 be darkened and landscape treatments included,
subject to final Design Review Board evaluation.
Regarding construction logistics and staging, Mr. Tambornini stated concern was expressed by the
neighbors regarding parking and construction traffic in general. Staff expanded on an existing condition
requiring a construction logistics plan to be prepared which would include a requirement that signs be
posted on the site, identifying a contact on site and within the City, should an issue arise, together with
a requirement that additional noticing be done to the neighbors prior to soils export off the site, as well
as other major activities.
Mr. Tambornini stated this briefly summarized any changes since the Planning Commission meeting,
and confirmed the project is for a 3 -Lot subdivision; it is being proposed at the lowest density range
allowed by the General Plan, includes a planned development district with single family residential
zoning standards and is consistent with the policies of the General Plan, as well as the regulations in
the zoning ordinance. He stated he was in a position to answer questions and the applicant was also
present to address the Council.
Mayor Boro declared the Public Hearing opened, and invited the Applicant to address the Council.
Applicant, Michael Smith, Waterford Associates, stated that accompanying him were Civil Engineer,
Lee Oberkamper, Greg Barton, Hunt Hale Jones, Architects and Pete Peterson, Peterson Associates,
Landscape Architects, who were present to answer any questions.
As there was no further public comment, Mayor Boro closed the Public Hearing.
Mayor Boro stated the report speaks of the visibility of the site and slope but he was curious about the
appearance of the homes from a distance and understood that with the existing vegetation, with
minimal being taken away, the homes would be well screened. Responding, Mr. Tambornini stated that
was the conclusion based on the Planning Commission hearing where there was a visual presentation
depicting distant views; the primary concern, however, seemed to be with regard to views from the
adjacent residences; the offsite views were found to be distant and filtered by mature tree growth.
Regarding Lot No. 2, Councilmember Heller inquired if it has been possible to appease the neighbors by
turning the residence a little, as early on there had been questions regarding how much it would impact on
the neighbors close to the loop. Mr. Tambornini stated the result from the first Design Review Board
Hearing indicated the solution was to break the front elevation with an additional roof element and save
two trees along the driveway, which provide significant screening; also to require additional screening and
darkening of the colors. He noted the neighbors who spoke at the meetings appeared satisfied with this
solution.
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Councilmember Heller confirmed the homes were beautiful.
Councilmember Phillips stated he had some concern in reading Planning Commissioner Jeff Kirchmann's
letter, noting he was a pretty astute Planning Commissioner, where Mr. Kirchmann had expressed
reservations he deemed to be significant, including in paragraph 2, Page 2, - "Even if the walls are `only'
20 feet high and the rooftops are under the 30 foot maximum height limit allowed for `flatland' single-family
dwellings, our regulations prohibit two story houses on ridgeline lots."— and asked Mr. Tambornini to
address this issue.
Mr. Tambornini reported that Mr. Kirchmann's concern centered primarily on the fact that his interpretation
of the hillside guidelines is that it contains language stating two-story homes should not be permitted on
ridgelines; this language, he noted, is in the guidelines and is an indication that, in general, it is not
acceptable. However, when considering the entire context of hillside guidelines, there are always
alternatives to hillside development, one of which is to push it down and step it along the hillside; the
conclusion by the Design Review Board, Planning Commission and Staff was that this results in impacts
which appear to be far greater than a two-story home, which is minimized by wall height and the use of
colors, materials and appropriate design.
Rather than moving it down the hill with the ensuing impact, and noting this was not the chosen direction,
Councilmember Phillips inquired if an alternative would be to require just one story, not two. Mr.
Tambornini stated there are alternatives with ridgeline development should it be deemed appropriate,
given visual impacts, which include reduction in the size or mass, or confining it to a one-story home.
This, stated Mr. Tambornini, was discussed by the Planning Commission, with the conclusion that given
the fact that the views are distant filtered, modification would not dramatically result in an improvement of
the project. He stated the footprint could be spread out which would involve more grading or smaller
homes but was not deemed necessary in the present case.
Councilmember Phillips stated he was aware that this was the conclusion, appreciating Mr. Tambornini's
amplification, and although slightly concerned regarding this issue, he would let it go at that.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution
a) RESOLUTION NO. 10769 - RESOLUTION ADOPTING A MITIGATED NEGATIVE
DECLARATION FOR A PLANNED DEVELOPMENT (PD) ZONING
ORDINANCE AMENDMENT (ZC 00-7), MASTER USE PERMIT (UP
00-30), ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 00-
85) AND TENTATIVE PARCEL MAP (S 00-4) FOR A THREE LOT,
SINGLE-FAMILY RESIDENTIAL SUBDIVISION DEVELOPMENT
LOCATED AT HIGHLAND AVENUE AND DEER PARK AVENUE
(Dominican Estates) (Located at the intersection of Highland
Avenue and Deer Park Avenue) (APNs 015-163-02 AND 04)
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS None
b) The title of the Ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE ZONING MAP OF THE
CITY OF SAN RAFAEL, CALIFORNIA, ADOPTED BY REFERENCE BY SECTION 14.01.020 OF
THE MUNICIPAL CODE OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN
REAL PROPERTY FROM PLANNED DEVELOPMENT - HILLSIDE OVERLAY (PD -H) DISTRICT
TO PLANNED DEVELOPMENT — HILLSIDE OVERLAY DISTRICT AND PREZONING (PD
ORDINANCE NO. 1759) TO ALLOW FOR THREE SINGLE FAMILY RESIDENTIAL LOTS
LOCATED AT HIGHLAND AVENUE AND DEER PARK AVENUE (DOMINICAN ESTATES)" (RE:
ZC99-7, Intersection of Highland Avenue and Deer Park Avenue) (AP NO. 015-163-02 AND 04)
Councilmember Phillips moved and Councilmember Miller seconded, to dispense with the reading
of the Ordinance in its entirety and to refer to it by title only, and pass Charter Ordinance No. 1759
to print, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT COUNCILMEMBERS None
SRCC Minutes (Regular) 02/05/2001 Page 4
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Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution.
c) RESOLUTION NO. 10770 - RESOLUTION APPROVING A TENTATIVE PARCEL MAP
(S 00-4), MASTER USE PERMIT (UP 00-30), AND
ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED 00-85)
FOR A THREE LOT, SINGLE-FAMILY RESIDENTIAL
SUBDIVISION DEVELOPMENT LOCATED AT HIGHLAND
AVENUE AND DEER PARK AVENUE (DOMINICAN ESTATES)
(Intersection of Highland Avenue and Deer Park Avenue) (APN:
015-163-02 and 04)
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT COUNCILMEMBERS None
12. 18 -MONTH CITY WORK PLAN REVIEW (CM)- FILE 237
City Manager Gould reported that in June 1999 the City's first two-year performance based expenditure
control budget was adopted, and besides setting forth the spending plan for the two-year period, the
budget included some 460 individual goals, objectives and key performance areas for directing the
outputs of spending - the services and projects to be provided in that two-year period. Mr. Gould stated at
that time, staff promised to return every 6 months, not only to report on the financial condition of the City,
in both revenues and expenditures to allow for mid course corrections, but also to report on collective
progress toward the goals and objectives, priorities and indicators set in June 1999.
Mr. Gould stated this would be the third occasion in the budget period that such a report had been
provided, noting Mr. Nordhoff, Assistant City Manager, would report the financials.
Continuing, Mr. Gould stated he was pleased to confirm that, based on meetings with the departments
and offices, great strides had been made toward meeting the objectives for this period, and used the
analogy of the forest to illustrate the changes which had occurred in the City over this period of time. He
explained that to examine the changes in the forest at the root level, Councilmembers should refer to the
1" thick document, forwarded under separate cover, which listed every goal and objective and their
current status, based on the performance and actions of all of the departments and offices.
Mr. Gould noted that since 1996, the Council had adopted a series of priorities, indicating where it wished
to see additional emphasis placed, beyond the normal services provided. For the two-year budget, some
40 priorities were adopted and a report was provided, comparable to midway up the tree trunk, to give a
sense of the status.
From an aerial view, to look at the canopy or tree roof line, Mr. Gould stated that in evaluating the five-
year report card, attached to the staff report, it attempts to take a look back to the spring of 1996, through
spring 2001, to gauge what has been achieved against the major goals set by Council.
Therefore, Mr. Gould explained, that by using these three documents, he felt a very good picture could be
obtained on progress, at whatever level of specificity required, and confirmed he was very satisfied with
accomplishments to date, hoping Council felt likewise.
Mayor Boro complimented Mr. Gould on his leadership and great work personally, and for the work that
his department managers and each employee of the City had put out over the past several years. He
noted the accomplishments were many and great, stating everyone was very proud of Mr. Gould,
including the people of San Rafael, who are very pleased with what they see happening here; he thanked
Mr. Gould.
Councilmember Heller noted specific areas she would be interested in learning more about:
The Mercado for this year and what was happening with it;
Medians - all over the City;
Safe routes to School, as she felt there would be more money available to tap into at the State level;
she felt it should be a high priority to secure some money for the Canal routes to Davidson, as this is a
problematic school.
Commenting, Mr. Gould stated it is expected a report will be presented to Council on March 19, 2001
regarding civic events to be run, and offer options for increased events, one of which would be to consider
whether support of the Mercado should be continued, furnishing the first two years' experiences.
Regarding median landscaping, Mr. Gould stated the Freitas Landscaping would be out to bid in March or
April and hopefully, in place this summer; Point San Pedro would be out to bid before the end of this
SRCC Minutes (Regular) 02/05/2001 Page 5
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fiscal year, and two other neighborhood partnership efforts are currently being proposed. Mr. Gould
stated that should more median landscaping be required, it should be addressed in the next two-year
budget.
Concerning Safe Rides to School, Mr. Gould agreed there are a lot of schools in this category and it would
be necessary to get direction from Council as to where the greatest emphasis should be placed. On this
subject, Mayor Boro stated that some weeks ago Congressman Jim Oberstar, ranking Democrat on the
Transportation Committee, was in Marin, and according to Mr. Oberstar he was the person who offered
the Bill "Safe Routes to School". Mayor Boro reported that Debbie Hubsmith, Marin Bicycle Coalition
Group, was present at the meeting he attended, where the success achieved in Mill Valley was reported.
He, Mayor Boro, commented at that meeting that there was a real challenge in San Rafael, albeit the
needs being somewhat different; it was not a case of getting the mothers out of the SUVs, rather a matter
of ensuring the children had safe routes to walk and ride their bicycles to school. He stated Debbie
Hubsmith assured him she would work with Dave Bernardi, Public Works Director, adding Ms. Hubsmith
had a good relationship with Congressman Oberstar, who would be pleased with this particular activity.
Councilmember Heller noted there would also be additional State funding. Dave Bernardi, Public Works
Director, stated it was a reconstituted Bill from last year, where the standards for applications were
revamped; these standards had not been received from Caltrans as yet. Councilmember Heller inquired
as to the status of Sun Valley, to which Mr. Bernardi replied they had not qualified, as fortunately no child
had been killed. Mr. Bernardi stated the standards had been revised to be more receptive to real issues.
Commenting on the "canopy", Councilmember Cohen stated that the City Manager, in his report, had
referred Council back to the process of recruitment, and he was reminded of something Mr. Gould had
shared with him when commencing his employment with San Rafael; part of the process was to be placed
in front of a video camera and requested to speak on accomplishments, one of which was the addition of
the Paramedic ambulance based in Terra Linda, noting that at that time the bragging list was not long.
One of Mr. Gould's responses was "I have got to give this guy a longer list of things to brag about".
Councilmember Cohen stated Mr. Gould had certainly done this and he thanked him.
Confirming that Mr. Gould had brought so much to the City, Councilmember Phillips stated that when
asked what is going on in the City he can provide a lot of positive responses, which is driven by Mr.
Gould's leadership and a terrific staff. He stated he could not be more proud; it was pretty amazing as he
had no realization when he first got involved that he would be so profoundly impacted by the staff and
professionalism, so hats off to each and everyone.
On the question of Code Enforcement, in the "root section", Councilmember Phillips commented on the
consequences and wondered if there was need to review or perhaps develop a philosophical statement
as to what it is and at what level it will be enforced. This may be intuitively known, or perhaps it is in
writing, but he felt as a Council it ought to be revisited.
Responding, City Manager Gould stated there would be an opportunity sooner rather than later, and
reported that Community Development Director, Bob Brown had a meeting with his counterparts at the
County on Friday last, to explore whether or not the County would relinquish responsibility to the City for
Code Enforcement in the City's housing, transferring the fees also, to give full responsibility for inspection
and enforcement throughout the City of San Rafael. Mr. Gould noted Mr. Brown had a positive meeting,
with the County recognizing that the City of San Rafael would provide a higher level of service. Mr. Gould
stated this would be a policy decision for the City Council; there would be a review of what the stepped up
Code Enforcement meant to San Rafael and what the next step would be. He confirmed with Mr. Brown
this could be presented, hopefully, at the City Council Meeting on March 19, 2001.
Councilmember Phillips agreed this would be fine and he thanked City Manager Gould for his efforts.
Expressing appreciation, Councilmember Miller stated City Manager Gould had brought the City to the
time where the City Council, City Management, City employees and workers all engage the City
communities throughout, with everyone growing together. He commented that Mr. Gould had contributed
mightily in enabling the City to go in that direction, and thanked him.
In response, Mr. Gould stated he deeply appreciated the City Council's compliments and trust, confirming
that the City of San Rafael had an extraordinary management team, being bright, committed, innovative
and team players, which made it such a pleasure. He noted it all starts and ends with the five City Council
Members because of the way they treat each other, the way they treat staff and the way they listen to the
community, with great things being accomplished.
SRCC Minutes (Regular) 02/05/2001 Page 6
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Councilmember Phillips moved and Councilmember Heller seconded, to accept the 18 -Month City Work
Plan Review.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT COUNCILMEMBERS None
13. RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF SAN RAFAEL TWO-YEAR BUDGET
FOR 1999/2001 (MS) — FILE 8-5
Assistant City Manager Nordhoff stated he would comment on a few highlights of the report and
would then be happy to answer questions.
Referring to the Background, Mr. Nordhoff stated he had included several items in the staff report, which
were before Council last October, and on which action was taken; therefore, they were not new items. In
terms of revenues, Mr. Nordhoff stated it was being requested that the budget be amended by
$10.6 -million, the key factor having to do with the economy in terms of ongoing revenues. Sales tax is up
$7 -million per annum, or 60% higher than on an annual basis five years ago, which is very significant.
Also, the majority of these revenues emanated from donations, grants and outside sources, which
covered a series of capital projects listed in the report.
On the expense side, Mr. Nordhoff alluded to the Study Session on January 16th where 75 capital projects
were discussed. He stated that a number of these actions were incorporated this evening:
Action was taken recently on the full funding for the rebuild of the Terra Linda Pool, the dollars for
which are committed as part of the staff report;
Action was taken this evening on LED Traffic Light Conversion, the funds for which are included
and committed in the report.
Mr. Nordhoff stated that smaller items not seen before had been incorporated, including funding for an
update of the public opinion poll which was carried out in the last two-year budget process and folding in
costs of $24,000 to run the outreach meetings, San Rafael Choices; a study and Initial analysis was done
of grant capabilities for various departments at a cost of $16,000, and there are some obligations to
entities which were involved with MTA (Marin Telecommunications Agency) and LAFCO (Local Agency
Formation Commission), a new state mandate which needs to be funded.
Regarding the City's Vehicle Replacement Fund, Mr. Nordhoff recalled that a study was carried out with
the Public Works Department where a series of issues were evaluated concerning best management
practices, size of the fleet and life cycle of the vehicles. He reported that the Fleet Advisory Board had
been working on the results of this study for several months and were recommending a fleet size of 185
units; a breakdown schedule was contained in the staff report. He stated staff was suggesting a two-
tiered approach to ensure that the replacement of those assets be continued as in the past, and would be
requesting this evening a one time infusion of $171,000 to account for vehicles that are identified in the
study as having been re -deployed for services such as Code Enforcement; staff was also evaluating
adjusting the rates as part of the two-year budget, which was not an action for this evening, but the rates
proposed in the report would be used as a matter of building the budget for the next two years.
Mr. Nordhoff stated that when the available resources of the City were evaluated, and in particular the
General Fund, there was a total of approximately $3 -million at the close of this fiscal year, which he broke
into two portions.
A little over $700,000 remained of all of the Fair, Isaac funds received, and a schedule included in the
staff report depicted where the monies were committed to date; this money remains for future one-time
actions, it was not being recommended that anything be done with it this evening, but there were some
capital projects considered on January 16, 2001, which may warrant some additional financial
consideration at a later date.
The General Fund overall surplus is approximately $2.3 -million; there were some items listed in the report,
the vehicle replacement infusion and funding for the skatepark and to take these two actions would mean
approximately $2.1 -million of the General Fund money, and approximately $700,000 of the Fair, Isaac
money would remain, for a total of $2.8 -million.
Mr. Nordhoff stated the budget, as amended, would be a total of $67.2 -million, broken down as:
$48.3 -million operating budget, with the balance of approximately $19 -million for capital projects.
SRCC Minutes (Regular) 02/05/2001 Page 7
SRCC Minutes (Regular) 02/05/2001 Page 8
Councilmember Phillips inquired as to the status of funding for the Radio System. Mr. Nordhoff stated
that the Radio System was fully funded and explained that when the two-year budget was presented last
time, four options were brought forth:
A surplus of approximately $1.2 -million had been built up and as there was some concern that the project
would span a long period of time because of the financing. Council took an action to infuse an additional
$180,000 into the fund for two years, to obtain a balance of approximately $1.5 -million which would mean
the lease payments would begin on August 1; however, if the interest earnings are included in the funds
set aside, the financing period should be reduced to ten or eleven years, although it goes on for 20 years.
Mr. Nordhoff reported there would be an increase seen, however, in the coming budget because of the
lease obligations due. He confirmed adequate funding currently and the budget would be presented next
year to be adequately funded also.
Addressing the growth in sales tax and the possibility that the economy might slow slightly, with the
potential for sales tax revenue to decrease at somewhat the rate it increased, 60% over 5 years,
Councilmember Cohen inquired if the figures could be broken down to consider a baseline of businesses
which existed 5 years ago, presently selling more product and therefore, generating more sales tax and
those coming into existence since then, whose revenues might decrease in a slower economy, resulting in
decreased but not entirely evaporated sales tax. He instanced BMW, which was not here five years ago,
but which even with slower sales would continue to have an impact in a slower economy.
Responding, Mr. Nordhoff stated that using perhaps the top 25 major sales tax producers, the data could
be broken down to give a sense of how much revenue emanated from new development versus existing
businesses, which have gone through an economic boom.
Councilmember Cohen commented that it would be prudent, in terms of allocating money, to ensure
commitment to operational expenses to leave a cushion, as the current economy would not continue at
the present rate.
Mr. Gould stated the point was well taken, reporting he and Mayor Boro had a conversation this morning
regarding how much of the increase was permanent and how much was subject to fluctuation with the
economy, and the need to ensure that the City's ongoing commitments to salaries, staffing and
programming did not outstrip the ability to maintain the new revenues. He confirmed the City Council had
adopted financial principles which err on the side of conservatism, both on spending and on one-time
versus ongoing obligations. He stated funds are being reserved in various accounts, such as pensions
etc., where it is known there can be fluctuations in rates.
Referring to the staff report, City Manager Gould stated Mr. Nordhoff was not suggesting immediately
programming $2.9 -million worth of new spending; rather the intention was to hold it aside as there would
be new obligations coming up in the next year which would need to be met. He, therefore, concurred with
the concern, noting it was the prudent way to manage.
Mr. Gould commented that as sales tax had grown so rapidly in recent years he did not foresee a return to
the 1966 figure because there had been such dramatic growth in sales tax producers in San Rafael; the
City had been very successful in economic development efforts and he reported that this afternoon he had
welcomed the latest auto dealer to town - Lincoln of Marin had set up business in what used to be the
Jaguar dealership - the Jaguar dealership moving into the Lexus dealership, who moved across the
street to its new headquarters. He noted San Rafael had the only Lincoln dealership between Burlingame
and Santa Rosa, and with the arrival of G.M., was beginning to get a corner on the market for upscale
luxury cars, which would do well in Marin, noting that while it was not recession -proof, the base was
being built.
Councilmember Phillips stated that perhaps rather than looking back five years at what the base was, it
would be more germane to analyze current revenue sources, some of which are more elastic than others.
He stated the principle outlined by Councilmember Cohen is correct but to analyze the existing was more
relevant.
City Manager Gould concurred, and reported that although frequently the City is heavily dependent on
sales tax for the revenue base, it is well balanced, encompassing all the major industries:
• home improvement and construction;
• autos and auto related uses;
• general merchandise;
• restaurants;
• hotels.
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He stated there is a good mix, which is getting even broader, and agreed that some of these industries
are more subject to change than others. Mr. Gould reported that this type of discussion takes place when
meeting with Hinderliter, De Llamas, who audits the sales tax every quarter.
Mayor Boro thanked Mr. Nordhoff for an excellent report and stated they had a discussion this afternoon
regarding the reserve, which he explained, is a sliding reserve, in that when the budget goes up likewise
the reserve. Mayor Boro stated that since there is a good surplus and two good years coming with the
current strong economy, perhaps a strategy should be put in place to raise the reserve to 12 '/2%, not
making it policy but an informal reserve. He noted that "some of us have been around when times have
gotten tough and some issues had to be dealt with regarding staffing and how to pay employees", which,
he concluded, should be avoided in the future, if possible.
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 10771 - RESOLUTION AMENDING THE 2000/2001 BUDGET
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT COUNCILMEMBERS None
CITY MANAGER'S REPORT:
14. City Manager Reported —File 9-3-11 (Verbal)
a) New San Rafael Corporate Center:
Economic Development Director Mackle, Public Works Director Bernardi and he visited the site of the
San Rafael Corporate Center this afternoon and found the pad had been poured for the first of the
two buildings, the second to be poured in the next few days and the project is on schedule.
b) Marin Emergency Radio Authority (MERA):
Having met this afternoon, The Marin Emergency Radio Authority approved the lease agreement,
approved this evening by the City Council, stating the application for the building permit would be
submitted on Tuesday, February 6, 2001; Bob Brown, Community Development Director, would
ensure expeditious processing and hopefully, it would be under construction soon.
c) Town Discussion on Rising Rents:
City Manager Gould thanked Mayor Boro and all Councilmembers for attending the Town Discussion
on Rising Rents, noting it made a powerful statement that all five took time out of their schedules to
attend and listen to the discussion.
d) Chief of Police Interviews:
Mr. Gould stated he wished to schedule a half-day or afternoon session to conduct interviews of
candidates for Chief of Police. Having met with the recruiter, the field had been narrowed to 4
candidates whom it is believed are the most highly qualified, including Michael Cronin, Acting Police
Chief. Mr. Gould recommended 50 -minute interviews; therefore, approximately 3'/2 hours would be
needed. He suggested the following dates and requested Councilmembers to respond with their
preferences, to enable him to schedule the candidates within an appropriate time frame:
Friday, February 23, 2001
Saturday, February 24, 2001
Monday, February 26, 2001
COUNCILMEMBER REPORTS:
15. a) Demand for Office Space — File 253 x 9-1 x (SRRA) R-368 (Verbal)
Councilember Cohen noted that the dot com demand for office space in San Francisco had imploded,
with more space on the market currently, and inquired if there was any indication this was affecting
the thinking of Wilson/Equity Office in terms of their schedule in Marin. City Manager Gould
responded in the negative, stating that having discussed this with Tom Sullivan, Vice -President, this
afternoon, his response was that Marin is such a specialty market, all of the major employers are
aware this is one opportunity to obtain Class AA office space, which will not recur, and although Mr.
Sullivan is not in a position to sign a lease with anyone yet, there is plenty of interest. Mr. Sullivan
does not foresee a problem and in fact, inquired how quickly the City could move into its new
Corporation Yard to enable him to schedule phase II of his construction.
Mr. Gould added that Ms. Mackle, Economic Development Director, had reported that discussions
with Jim Schafer, Samuelson Schafer, (San Rafael Town Center) indicated he could have leased the
40,000 square feet of office space three times over, with the prevailing interest.
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Councilmember Cohen inquired as to the status on the retail. City Manager Gould stated the Council
had the sign -off for the approval rights on the retail and when ready to sign, Mr. Schafer would be
before Council, but he did not wish to signal prospective tenants early as there is a lot of competition
in the downtown for such tenants.
b) Air Quality Grants — File 13-4 (Verbal)
Mayor Boro reported he had received a letter from the County regarding Air Quality Grants, noting
there is approximately $600,000 available for competition, some of which, hopefully, the City could
secure.
Public Works Director Bernardi, stated they had received a copy of this paperwork which staff was
currently evaluating.
There being no further business, the City Council meeting was adjourned at 8:50 p.m.
OPEN SESSION — COUNCIL CHAMBER — 8:50 PM:
Mayor Boro announced the City Council would resume Closed Session.
CLOSED SESSION — CONFERENCE ROOM 201 (Cont.): 8:50 PM
b) Conference with Legal Counsel — Anticipated Litigation
Initiation of litigation pursuant to Government Code Section 54956.9(c)
One (1) case.
Mayor Boro stated that no reportable action was taken.
ADJOURNMENT: 10:00 PM
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12001
MAYOR OF THE CITY OF SAN RAFAEL
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