HomeMy WebLinkAboutCC Minutes 2002-08-19SRCC Minutes (Regular) 08/19/2002 Pagel
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 19, 2002 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM:
Mayor Boro announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM:
Present: Albert J. Boro, Mayor
Paul M. Cohen, Vice -Mayor
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
a) Conference with Legal Counsel — Anticipated Litigation
Government Code Section 54956.9 (c)
One case.
b) Conference with Labor Negotiator (Government Code Section 54957.6)
Negotiators' Names: Ken Nordhoff, Lydia Romero, Daryl Chandler
Employee Organizations:
San Rafael Fire Chief Officers' Association
San Rafael Fire Association
San Rafael Police Mid -Management Association
San Rafael Police Association
Marin Association of Public Employees, Supervisory Unit, SEIU Local 949
Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949
Marin Association of Public Employees, Childcare Unit, SEIU Local 949
Mayor Boro announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None
8:12 PM
Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar as
follows:
ITEM
2. Approval of Minutes of Special and Regular
Meetings of Monday, August 5, 2002 (CC)
3. Request for Amicus Participation: (CA) —
File 9-3-16
a) Report to Council. Chevron, USA v. Cayetano
(Federal 91" Circuit Court of Appeal, 2000)
b) Report to Council. Richmond v. Shasta
Community Services District
(California Supreme Court of Appeal)
c) Report to Council:
Eastburn v. Regional Fire Protection District
(California Supreme Court Case No. S107792)
4. Impartial Analysis of Measure P Re: Paramedic
Services Special Tax for Residential and Non-
residential Structures, as Amended (CA) —
File 9-4 x 9-12-1 x 9-3-31 x 9-3-16
RECOMMENDED ACTION
Minutes approved as submitted.
Approved amicus participation for 3a),
3b) and 3c).
Accepted City Attorney's amended
Impartial Analysis.
SRCC Minutes (Regular) 08/19/2002 Page 1
SRCC Minutes (Regular) 08/19/2002 Page 2
5.
Resolution of Appreciation to Mark Rinkel, Systems
RESOLUTION NO. 11154 —
Manager, Employee of the Quarter Ending June
RESOLUTION OF APPRECIATION TO
2002 (CM) — File 102 x 9-3-20 x 9-3-30 x 7-4
MARK RINKEL, EMPLOYEE OF THE
QUARTER ENDING JUNE 2002
6.
Summary of Legislation Affecting San Rafael (CM)-
Approved staff recommendation.
File 116 x 9-1
Senate Bill 1828 Historical Resources:
Affected Native American Sacred
Sites: CEQA.
Senator Burton - OPPOSE
7.
Resolution Approving the Temporary Closure of
RESOLUTION NO. 11155—
Mission Avenue Between "C" and "E" Streets on
RESOLUTION AUTHORIZING THE
Sunday, August 25 from 9 a.m. to 7 p.m. to
TEMPORARY CLOSURE OF MISSION
Accommodate Pedestrian Traffic to the Free
AVENUE BETWEEN C STREET AND E
Summer Concert at Falkirk Cultural Center
STREET FOR THE ANNUAL FALKIRK
(Cult. Aff.) — File 11-19
CONCERT ON SUNDAY, AUGUST 25,
2002 FROM 9:00 A.M. — 7:00 P.M.
8.
Agreement with Group 4 Architects to Conduct a
RESOLUTION NO. 11156—
Feasibility Study for the Possible Expansion of the
RESOLUTION AUTHORIZING THE
San Rafael Public Library (Lib.) —
MAYOR TO EXECUTE AN
File 4-3-414 x 9-3-61
AGREEMENT WITH GROUP 4
ARCHITECTURE, RESEARCH AND
PLANNING, INC., IN AN AMOUNT NOT
TO EXCEED $22,000, FOR A
FEASIBILITY STUDY FOR THE
POSSIBLE EXPANSION OF THE SAN
RAFAEL PUBLIC LIBRARY
9.
Resolution to Commend the Marin Literacy Program
RESOLUTION NO. 11157 —
and Declare Marin Literacy Week, September 1 — 7,
RESOLUTION OF APPRECIATION
2002 (Lib.) — File 102 x 9-3-61
COMMENDING THE MARIN LITERACY
PROGRAM AND PROCLAIMING
SEPTEMBER 1 — 7, 2002 AS MARIN
LITERACY WEEK
10.
Resolution Authorizing the City Manager to Contract
RESOLUTION NO. 11158 —
for the Purchase of Multi -space Parking Meter
RESOLUTION AUTHORIZING THE
Equipment and Services by Use of Competitive
CITY MANAGER, PURSUANT TO
Negotiation (MS) — File 9-3-87 x 12-14 x 9-1-2
SRMC SECTIONS 2.55.190 AND
2.55.200, TO CONTRACT FOR THE
PURCHASE OF MULTI -SPACE
PARKING METER EQUIPMENT AND
SERVICES BY USE OF COMPETITIVE
NEGOTIATION
11.
SECOND READING AND FINAL ADOPTION OF
Approved final adoption of Ordinance
ORDINANCE NO. 1786 "An Ordinance of the City
No. 1786.
Council of the City of San Rafael Approving and
Adopting the Third Amended and Restated Central
San Rafael Redevelopment Plan ("Amended Plan"),
Approving the Environmental Documentation
Prepared for the Amended Plan, and Making Certain
Findings Pursuant to the Community Redevelopment
Law of the State of California" (RA) —
File (SRRA) R-140 XIX x (SRCC) 140
12.
SECOND READING AND FINAL ADOPTION OF
Approved final adoption of Ordinance
ORDINANCE NO. 1787 "An Ordinance of the City of
No. 1787.
San Rafael Amending San Rafael Municipal Code
Title 15 —Subdivisions (Subdivision Ordinance) (P02-
02)" (CD) — File 10-3 x 10-2 x 5-1
SRCC Minutes (Regular) 08/19/2002 Page 2
13. Resolution Authorizing the City Manager, Pursuant
to San Rafael Municipal Code Sections 2.55.190 and
2.55.200, to Contract for the Purchase of a Timecard
System and Services by Use of Competitive
Negotiation (PD) — File 9-3-30 x 9-1-2
14. Resolution Authorizing the Mayor to Sign a
Memorandum of Agreement Between the
Department of the Army and the City of San Rafael
for Disposal of Dredged Materials from the
Maintenance Dredging of San Rafael Creek Channel
(PW) —File 4-10-332 x 12-10
SRCC Minutes (Regular) 08/19/2002 Page 3
RESOLUTION NO. 11159 —
RESOLUTION AUTHORIZING THE
CITY MANAGER, PURSUANT TO
SRMC SECTIONS 2.55.190 AND
2.55.200, TO CONTRACT FOR THE
PURCHASE OF A TIMECARD SYSTEM
AND SERVICES BY USE OF
COMPETITIVE NEGOTIATION
RESOLUTION NO. 11160 —
RESOLUTION AUTHORIZING THE
MAYOR TO SIGN A MEMORANDUM
OF AGREEMENT BETWEEN THE
DEPARTMENT OF THE ARMY AND
THE CITY OF SAN RAFAEL FOR
DISPOSAL OF DREDGED MATERIALS
FROM THE MAINTENANCE
DREDGING OF SAN RAFAEL CREEK
CHANNEL
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SPECIAL PRESENTATIONS:
15. PRESENTATION OF RESOLUTION OF APPRECIATION TO MARK RINKEL, SYSTEMS
MANAGER, EMPLOYEE OF THE QUARTER ENDING JUNE 2002 (CM) —
FILE 102 x 9-3-20 x 9-3-30 x 7-4
Mayor Boro stated that Mark Rinkel had been selected Employee of the Quarter for the period
ending June, 2002. He explained that each quarter the employees of the City choose one member
as Employee of the Quarter, rewarding the recipient with a star paperweight and a $100 bill. Mayor
Boro stated that at the end of the year, from all four quarter recipients, an Employee of the Year is
chosen and receives an award of $500.
Mayor Boro congratulated Mark Rinkel on his great work since becoming a member of Management
Services in 1999, noting he had worked with all City Departments on improving, integrating and
enhancing their computer systems.
Noting the last phrase in the Resolution of Appreciation states that he is intelligent, has a good
sense of humor, is courteous, has a high level of tolerance, is patient and flexible, all of which
equate to an outstanding employee, Mayor Boro stated this epitomizes Mark, and he congratulated
him on behalf of the City Council and the citizens of San Rafael.
Mr. Rinkel stated it is a pleasure to work in San Rafael and with all the City employees.
16. INTRODUCTION OF SEVEN FIRE DEPARTMENT EMPLOYEES: (FD) — FILE 9-3-31 x 7-4
Engineers: Paul Kopfstein, David Shubin, Daniel Sutherlin
Captains: Terrence Barday, Robert Parr, Jeffrey Rowan, Robert Wendt
Fire Chief Marcucci stated it was a great pleasure to introduce six of the seven candidates recently
promoted to the ranks of Engineer and Captain.
Introducing Daniel Sutherlin, Chief Marcucci stated he joined the Fire Department in March, 2000
and is a real asset to the organization. He indicated his pride at being in a position to promote Daniel
to the rank of Engineer in such a short period of time.
Chief Marcucci stated Paul Kopfstein was promoted to the rank of Engineer, having joined the Fire
Department in March of 2000 also. He reported Paul is a real asset to the Department, reiterating
his pride at the rate of progression, and indicating his belief that these Engineers are the future of
the Fire Department.
Chief Marcucci stated David Shubin, promoted to Engineer, initiated the Fire Camp Program, and
after three years the program has become a model for other Fire Departments in Marin County. He
indicated that Novato recently started their Fire Squirt Program, which was due to David supplying
the expertise for its implementation.
Fire Chief Marcucci commented that Robert Wendt, promoted to Captain, was unfortunately, unable
to be in attendance. He explained that Robert was hired in 1972 and was promoted to Engineer in
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1979. Chief Marcucci stated that he had been a tremendous asset to the organization
Introducing Jeffrey Rowan, Chief Marcucci stated he was hired in 1991; in 1998 he became a
Paramedic and has worked diligently for the Fire Department over the years. He congratulated Jeff
on being promoted to Captain, noting his father is a retired Fire Chief of the Marin County Fire
Department.
Fire Chief Marcucci stated that Terrence Barday holds the distinction of being one of the first
paramedics to be hired back in 1979, noting he also holds the distinction of being in the back of the
ambulance on its first trip with the Fire Chief and being hit broadside. Chief Marcucci explained that
Terry had been a paramedic for many years, loves his job, is a great paramedic, teaches EMT skills
and will be an outstanding Captain. He stated it was a pleasure and honor to promote Terrence
Barday to the rank of Captain.
Introducing Robert Parr, Fire Chief Marcucci explained that he was hired in 1975 and was promoted
to Engineer in 1977. He indicated that Bob had worked hard for the organization, attending every
meeting of the Budget Oversight Committee, and would be a great asset at the rank of Captain.
Mayor Boro congratulated all recipients, thanking them and their families for the wonderful job they
do for the City of San Rafael.
17. PRESENTATION OF RESOLUTION OF APPRECIATION FOR MARIN LITERACY PROGRAM
AND DECLARING SEPTEMBER 1 — 7, 2002 MARIN LITERACY WEEK (LIB.) —
FILE 102 x 9-3-61
Mayor Boro stated the Resolution of Appreciation on behalf of the City Council and citizens of San
Rafael honored Barbara Barwood and Robin Levy, and in particular, the organization they
represent, The Marin Literacy Program.
For the benefit of those in the audience, Mayor Boro explained that this organization, through the
library, and working with the County of Marin, has done great outreach to those in the community
who are new to the country and who wish to learn to speak and read English. He stated that
students are matched with tutors, which has resulted in a tremendous record, indicating he had
occasion to attend some graduations and hear some wonderful stories.
On behalf of all, Mayor Boro stated this resolution commends the Marin Literacy Program, its staff,
tutors and affiliates for their work on behalf of the residents of the County of Marin and declares the
week of September 1 — 7, 2002 as Marin Literacy Week.
Robin Levy thanked Mayor Boro and the City Council for the resolution. She explained they had
been in business since 1985 and have served over 7,000 adult students with approximately 5,000
volunteer tutors. She indicated they were very proud of the work done and appreciated the support
received.
Barbara Barwood presented Mayor Boro with a plaque in recognition of that support.
PUBLIC HEARINGS:
18 Public Hearing —
BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: (PW)
RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT
FOR FISCAL YEAR 2002-2003 (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF
1972)- FILE 6-48
Mayor Boro declared the public hearing opened.
Public Works Director Dave Bernardi reported this was a recommendation to levy an assessment by
adopting a resolution confirming the assessment diagram and the amount of the assessment. He
explained that on August 5, 2002, Council received and filed the Engineer's Annual Report for this
particular landscaping and lighting district and the Resolution of Intention was also adopted to order
the improvements and set the date for the public hearing for this evening, August 19, 2002. Mr.
Bernardi indicated that the purpose of this public hearing was to receive comment on the Annual
Report.
Mr. Bernardi explained that a description of work is contained in the Annual Report, and is basically
the same as it has been for the last number of years, i.e., to continue with the incremental selective
removal of cattails in the Spinnaker Point Lagoon. He stated that the funds are used solely for this
purpose and the amount of the assessment does not change; therefore, staff recommends adoption
of the resolution ordering the assessment to be levied and the improvements completed.
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He indicated that Al Cornwell, the Engineer of Work for the project, was present and available to
answer questions.
Noting this work has been carried out for a few years, Councilmember Heller inquired whether the
cattails were being kept under control. Responding, Mr. Bernardi indicated that most likely it would
be a continuing process. He explained that presently there is equilibrium in terms of the original
report that recommended removal of certain cattails and a balance has to be struck between the
habitat value of the cattails and them taking over the lagoon. He indicated that a balance has beer
achieved which needs to be maintained .
There being no comment from the audience, Mayor Boro closed the public hearing.
Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution
RESOLUTION NO. 11161 - RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT
AND LEVYING ASSESSMENT FOR FISCAL YEAR 2002-2003
BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
19. Public Hearing —
CONSIDERATION OF A RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO
INCREASE THE ANNUAL HOUSING INSPECTION PROGRAM FEES FOR APARTMENTS (3 OR
MORE UNITS) AND HOTEL/MOTEL ROOMS (CD) — FILE 9-10-2 x 9-3-85 x 240
Mayor Boro declared the public hearing opened
Community Development Director Bob Brown reported that last year the Community Development
Department assumed responsibility for the Apartment and Hotel Inspection Program from the
County and inspection fees were set based on the cost of two new additional inspectors and their
supplies. He stated that staff also indicated the fee would be revisited subsequent to completion of
a detailed Cost of Service Study; this study has been authorized by the Council and is soon to
begin; however, he explained that any fee adjustment to appear on the annual tax rolls must be
submitted to the County in August.
Mr. Brown stated that last Spring, Council reviewed a list of proposed budget cuts and revenue
enhancements intended to close a $1.5 million shortfall, and included on that list was a proposed
increase in the Apartment and Hotel Inspection fee. He indicated that the proposal is to include the
cost of the third inspector who is fully devoted to and supervises this inspection program and who is
currently paid for by the General Fund. To shift this cost from the General Fund to the Apartment
and Hotel Inspection program results in an increase of approximately 65%, as indicated in the staff
report.
Mr. Brown displayed an overhead chart depicting the fee increases for three typical properties, and
also a comparison of San Rafael's program with that of Los Angeles. He explained there are very
few comparison cities that do both Apartment and Hotel inspections, Los Angeles being one.
Explaining the chart, Mr. Brown stated the top portion identifies what the impact of the fee increase
would be for both large hotels and two different apartment size projects.
Underneath is a comparison with Los Angeles' program. Mr. Brown explained that Los Angeles has
a flat fee of $12 per unit or hotel room; therefore, in their fee calculations, small apartments and
motels pay very little, with the real impact being borne by larger facilities.
Mr. Brown reported that the opposite is the case in San Rafael in that staff spends more time on the
very small units.
Regarding the letter submitted (by Elissa Giambastiani, President, San Rafael Chamber of
Commerce), Councilmember Cohen stated his concern was not with the increase, rather whether
there was a glitch in the notification process.
Responding, Mr. Brown stated the same list utilized last year was used for notification, which
included a number of apartment owners, tenants organizations and the Chamber of Commerce. He
indicated that hotels were not directly noticed by the Community Development Department, either
this year or last year, nor was every single property owner.
Based on the staff report, Councilmember Cohen confirmed that action was required on this item
this evening for it to take effect. Community Development Director Brown indicated it was his
SRCC Minutes (Regular) 08/19/2002 Page 5
SRCC Minutes (Regular) 08/19/2002 Page 6
understanding this needed to be forwarded to the Tax Assessor promptly.
There being no comment from the audience, Mayor Boro closed the public hearing.
Councilmember Phillips inquired whether the proposed fee schedule is being adjusted primarily to
cover the related costs. Community Development Director Brown explained it would cover the full
staffing costs of the Code Enforcement Division, i.e., three Code Enforcement Officers assigned one
hundred percent to this program. He indicated it still does not cover the time spent by the Fire
Inspector and Building Inspector assigned to the program, which are part-time costs; however, not
reflected in this fee.
As to the reason for this, Mr. Brown stated staff favored waiting until the entire fee study for all
service fees was completed and then evaluate the costs of other departments and the City's
overhead. He indicated it was not possible at this point to calculate these, and experience with the
program is still being gained in terms of the number of hours per inspection. He reiterated that there
are three inspectors devoted entirely to this program.
Councilmember Phillips inquired whether it was staff's intention to return at a later date to consider
whether or not the fees should cover the cost of the program. Mr. Brown confirmed that at that point
it would be a policy decision by Council as to whether or not to fully fund the program through fees.
When using the comparison of Los Angeles, Councilmember Phillips inquired whether staff was
comfortable that their fees relating to the units are somewhat in proportion to the actual cost. Mr.
Brown indicated that staff would be more enlightened on completion of the fee study which would
further justify San Rafael's specific fees.
Responding to an inquiry from Councilmember Phillips, Community Development Director Brown
reported there were two in the 300 -room hotel category.
Councilmember Cohen confirmed there was no suggestion this would recover more than the
program costs. He noted there could be other fees should cost recovery on this program be
implemented; however, this would be evaluated in a more comprehensive way later.
Mr. Brown indicated that no doubt, legally justifiable fees could be higher; however, from the
Community Development Department's perspective, this fee increase would pay for three Code
Enforcement Officers.
Mayor Boro stated that when it was decided to embark on this effort with fulltime people, taking over
some of these responsibilities from the County of Marin, it was done in an effort to provide a high
level of service to the people who live in and visit these units, together with those owning the
properties. He believed it to have been a productive program and agreed it was right to recover our
costs.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the resolution.
RESOLUTION NO. 11162 — RESOLUTION AMENDING THE MASTER FEE SCHEDULE
TO INCREASE THE ANNUAL HOUSING INSPECTION
PROGRAM FEES FOR APARTMENTS (3 OR MORE UNITS) AND
HOTEL/MOTEL ROOMS
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCILMEMBER REPORTS:
20. a) League of California Cities: - File 9-11-1
Having attended a Transportation Policy Committee meeting for the League of California Cities,
Councilmember Heller reported there were two resolutions, i.e., Undergrounding of Overhead
Utility Lines and Speed Limits on Urban Arterial Roadways. She commented that the latter are
becoming more problematic with the speed limits set by the State.
b) PG&E: - File 9-7-3
Councilmember Heller reported having given City Manager Gould a letter to the effect that PG&E
is assembling new franchises for everyone to sign. This is in relation to their bankruptcy, and the
two plans: The PG&E Plan and the Public Utilities Commission Plan. She indicated they are not
waiting for either one to be adopted, rather are simply attempting to get everyone to come on
board and sign ahead of time. Councilmember Heller reported the League of California Cities
has quite a few questions which are being worked on, and the League will be issuing a report
and meeting with PG&E in the next month or so.
SRCC Minutes (Regular) 08/19/2002 Page 6
SRCC Minutes (Regular) 08/19/2002 Page 7
c) Water Transit Authority: - File 9-1
Councilmember Heller stated she and Mayor Boro attended a meeting of the Community
Advisory Committee for the Water Transit Authority, noting this is becoming more interesting,
discussing issues such as vessel specifications, safety and emergency preparedness, etc.
Mayor Boro reported that the Water Transit Authority held two meetings to discuss a draft of an
Implementation Plan which it is obligated to present to the Legislature and Governor of the State
of California by year-end. He stated the program had been an ambitious one and will be going
out on time. Mayor Boro stated a series of public meetings would be held in each County of the
entire Bay Area; the Marin meeting will be held in San Rafael on Tuesday, October 8, 2002 at
7:00 p.m. in the City of San Rafael Council Chamber. He indicated that Environmental Impact
Report hearings would be held in Oakland and San Francisco in September, and although the
schedule is ambitious, Mayor Boro stated they had done an excellent job in dealing with sitings,
prioritizing of those locations first in line for funding and working on generating a clean boat. He
indicated that with respect to emissions, this should be the cleanest fleet anywhere in operation.
Mayor Boro reported the work had been done in collaboration with Bluewater Network. They are
evaluating specifications for ships and should funding be received from the Legislature to
continue, there will be more to come.
d) Marin Economic Commission: - File 9-1
Councilmember Cohen reported that the Marin Economic Commission will host its Annual
Awards Luncheon on October 25, 2002 at the Embassy Suites, and requested Council give
consideration to sponsorship of this event once again. Mayor Boro thanked Councilmember
Cohen for issuing a reminder of the date, indicating that City Manager Gould would attend to this
issue.
e) Local Government Commission: - File — 9-1
Councilmember Cohen commented that Councilmembers may have received notice of a
conference hosted by the Local Government Commission discussing Investing for Sustainability,
to be held on September 13, 14 and 15, 2002, in Monterey. Councilmember Cohen stated he
had served on the Governor's Commission on State Infrastructure and invited Councilmembers
to attend to hear his presentation of the portion of the report dealing with Technology Investment
for the State of California.
f) St. Mark's School: - File 11-1 x 10-5
Councilmember Phillips reported having received a draft of the Traffic Study prepared by St.
Mark's School, which they will be submitting to Community Development Director Bob Brown
shortly.
There being no further business, the City Council meeting was adjourned at 8:40 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12002
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 08/19/2002 Page 7