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Home My WebLink AboutCC Minutes 2005-07-05 SRCC Minutes (Regular) 07/05/2005 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JULY 5, 2005 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Vice-Mayor Paul M. Cohen, Councilmember Cyr N. Miller, Councilmember Absent: Gary O. Phillips, Councilmember Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION – COUNCIL CHAMBER – 6:00 PM Mayor Boro announced Closed Session items. CLOSED SESSION – CONFERENCE ROOM 201 – 6:00PM 1. a) Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern Dist. Of CA., Case No. C003785 b) Conference with Legal Counsel – Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. (MHC II) U.S. District Court, Northern Dist. Of CA., Case No. C043325 City Attorney Gary Ragghianti announced that no reportable action was taken. At the conclusion of City Council meeting () ) c) Public Employee Performance Evaluation (Government Code Section 54957 Title: City Manager Mayor Boro announced at 10:20 p.m. that no reportable action was taken on item 1. c). ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:12 PM None CONSENT CALENDAR: Councilmember Miller moved and Councilmember Heller seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular meeting of Minutes approved as submitted. Monday, June 6, 2005 and Special Meeting of Monday, June 20, 2005 (CC) 3. Resolutions of Appreciation for John Alden 1) RESOLUTION NO. 11796 – RESOLUTION OF and Michael Whipple, Former Planning APPRECIATION FOR JOHN Commissioners (CD) – File 102 x 9-2-6 ALDEN, FORMER PLANNING COMMISSIONER 2) RESOLUTION NO. 11797 - RESOLUTION OF APPRECIATION FOR MICHAEL WHIPPLE, FORMER PLANNING COMMISSIONER 4. Summary of Legislation Affecting San Rafael Approved staff recommendation: SBX1-2. Public Employees’ (CM) – File 116 x 9-1 Retirement Employer Contribution Rates. – Dunn – SUPPORT ABX1-4. Public Employees’ SRCC Minutes (Regular) 07/05/2005 Page 1 SRCC Minutes (Regular) 07/05/2005 Page 2 Retirement Employer Contribution Rates. Torrico – SUPPORT ABX1-6. Public Employees’ Retirement: Pension Spiking and Disability Retirement Abuse – Evans and Torrico – OPPOSE SBX 1-5. Public Employees’ Retirement. – Ducheny – SUPPORT ABX 1-5. Public Employees’ Retirement: Fraud. – Torrico – SUPPORT 5. Resolution Rejecting all Bids for the Traffic Signal RESOLUTION NO. 11798– RESOLUTION REJECTING ALL BIDS Installations 2005 at Nova Albion Way / Arias FOR THE TRAFFIC SIGNAL Street, Nova Albion Way / Las Gallinas Ave., Los INSTALLATIONS 2005 AT NOVA Ranchitos Rd. / Northgate Dr., and Lincoln ALBION WAY/ARIAS STREET, NOVA Avenue / Linden Lane, and Rebid the Project ALBION WAY/LAS GALLINAS AVE., (PW) – File 11-10 x 9-3-40 LOS RANCHITOS RD/NORTHGATE DR., AND LINCOLN AVE./LINDEN LANE, AND REBID THE PROJECT 6. Baypoint Lagoons Landscaping and Lighting a) RESOLUTION NO. 11799 – RESOLUTION DIRECTING District: (PW)- File 6-48 FILING OF ENGINEER’S a) Resolution Directing Filing of ANNUAL REPORT – Engineer’s Annual Report BAYPOINT LAGOONS b) Engineer’s Annual Report 2005-2006: LANDSCAPING AND This to be Filed LIGHTING DISTRICT (Pursuant c) Resolution Approving Engineer’s to the Landscaping and Annual Report Lighting Act of 1972) d) Resolution of Intention to Order Improvements (and Setting Public b) Engineer’s Annual Report Hearing for Meeting of July 18, 2005) 2005-2006: Filed c) RESOLUTION NO. 11800 – RESOLUTION APPROVING ENGINEER’S ANNUAL REPORT – BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972 ) d) RESOLUTION NO. 11801 – RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) (and setting public hearing for Monday, July 18, 2005) SPECIAL PRESENTATION: 7. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO JOHN ALDEN AND MICHAEL WHIPPLE, FORMER PLANNING COMMISSIONERS (CD) – FILE 102 x 9-2-6 Mayor Boro reported that Michael Whipple served on the Planning Commission since 1999, noting all current Councilmembers had served on the Planning Commission and therefore, understood the many issues going before it. He noted the Resolution discussed the many projects reviewed during Mr. Whipple’s tenure, and his legacy as a member of the Planning Commission covered very positive issues, including numerous ordinance upgrades, Noise Ordinance, the Alma Via and Merrydale projects, etc. Mayor Boro noted Mr. Whipple’s participation on the Planning Commission was characterized by his expertise and perspective as a developer and business owner and his great attention to detail. SRCC Minutes (Regular) 07/05/2005 Page 2 SRCC Minutes (Regular) 07/05/2005 Page 3 On behalf of the City Council and citizens of San Rafael, Mayor Boro thanked Mr. Whipple for his service to the City. Mr. Whipple expressed gratitude to the City Council for the way in which they brought the community together, which was a rewarding reason for being a member of the Planning Commission. Mayor Boro stated John Alden had been a member of the Planning Commission for one term and noting he had some expectations, he assumed he would be devoting his efforts in that direction over the next several months. Indicating that Mr. Alden also shared in the processing of many applications, Mayor Boro noted that both Mr. Whipple and Mr. Alden both served as Chairman of the Planning Commission, which was a challenge from fellow commissioners and the public. He understood Mr. Alden had this opportunity during the General Plan hearings and both Mr. Alden and Mr. Whipple, together with their fellow commissioners, had quite a lot of input and provided a forum for the public to comment during that time, for which he thanked them both. Mr. Alden stated he very much enjoyed being a member of the Planning Commission. It was a pleasure and privilege and he appreciated the City Council giving him the opportunity. Mr. Alden stated he enjoyed serving the people of San Rafael also. Mayor Boro announced a pause in the City Council meeting to partake of cake and coffee in the lobby honoring the recipients of Resolutions of Appreciation. The meeting resumed at 8:45 p.m. PUBLIC HEARING: 8. Public Hearing: CONSIDERATION TO ADOPT AN ORDINANCE TO ESTABLISH A TAX RATE FOR FISCAL YEAR 2005-2006 FOR PARAMEDIC SERVICES FOR BOTH RESIDENTIAL AND NON- RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, CSA19, CSA13 AND MARINWOOD CSD AS PROVIDED FOR IN THE VOTER APPROVED PARAMEDIC SERVICES SPECIAL TAX (MS) – FILE 9-12-1 x 9-3-31 Mayor Boro declared the public hearing opened. Cindy Mosser, Finance Manager, stated that the adoption of this ordinance would establish the paramedic tax rate for Fiscal Year 2005-2006 for the City of San Rafael, County Service Area #19, County Service Area #13, and Marinwood Community Services District. Ms. Mosser reported that in 1979, the City voters approved the paramedic program allowing the City Council to approve tax rates based upon the cost of operating the paramedic program. Changes in tax law and voter authority modified how this process had worked over the last few years. Reporting that in November 2002 the citizens of San Rafael passed Measure P, Ms. Mosser explained that this measure established a $61 ceiling on the residential tax rate and $.08 cents per square foot ceiling for non-residential units. This measure is valid from July 2003 through June 2007, and the other three jurisdictions adopted similar tax ceilings and time periods. Ms. Mosser reported that for Fiscal Year 2005-2006, the cost of running the paramedic program was approximately $4.3 million ($4,301,470). This sum was approved as part of the overall City budget adopted on June 20, 2005. She indicated that the program cost increased $192,160, or 4.7%, from Fiscal Year 2004-2005, and some of the major factors included: A decline in salaries of approximately $134,000 due to reduced staffing for the constant  staffing model and realigning some of the cost distribution of the paramedic staff to the General Fund; Overtime increased $238,000 due to the constant staffing model; and  Operating expenses increased by a CPI factor of 1.4%, plus approximately $13,000 for  an EMS coordinator function. Indicating that staff was proposing a residential rate of $61 to be levied in the City as well as the three other jurisdictions, Ms. Mosser explained this represented a $2.00 increase from the 2004-2005 rate. The residential sector made up approximately 62% of the total paramedic tax resources and if approved, this increase would amount to $59,400 of new tax dollars. She stated that the proposed rate put all entities at the cap of $61. SRCC Minutes (Regular) 07/05/2005 Page 3 SRCC Minutes (Regular) 07/05/2005 Page 4 Ms. Mosser reported staff was also proposing that non-residential units be billed at $.08 cents per square foot. Commercial customers comprised 38% of total tax revenue and raising this tax rate from $.0740 cents per square foot in the prior year to $.08 cents per square foot would provide $77,690 in added tax dollars. She indicated that this proposed rate would put all non- residential customers at the cap of $.08 cents per square foot. Noting the recommended rates were not sufficient to cover the operating expenses of the paramedic program for 2005-2006, Ms. Mosser indicated that a General Fund subsidy in the amount of $180,500 was required to sustain this program at the current service level. Ms. Mosser stated that she and Interim Fire Chief Montenero met with the County, Marinwood, CSA #19 and CSA #13 representatives last week to discuss these rates. Fire Chief Montenero stated that the City had worked very hard to bring this about and the $2 rate increase was very modest and fair considering the City was still subsidizing the paramedic program from the General Fund. Mayor Boro inquired as to how the other three jurisdictions reacted. Responding, Chief Montenero stated there was concern at the beginning; however, by the end of the meeting, he believed they understood. Ms. Mosser confirmed for Mayor Boro that the City sets the rates for all. There being no comment from the audience, Mayor Boro closed the public hearing. a) The title of the Ordinance was read: “AN ORDINANCE OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX RATE, COMMENCING WITH FISCAL YEAR 2005-2006, AT THE RATES ALLOWED IN ORDINANCE NO. 1793 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL; AND FURTHER CONFIRMING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2005-2006 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. ($61.00 FOR RESIDENTIAL AND $.08 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTY)” Councilmember Miller moved and Councilmember Cohen seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1836 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Phillips COUNCILMEMBERS REPORTS: 9. None There being no further business, Mayor Boro adjourned the City Council meeting at 8:50 p.m. to resume the Closed Session in the City Manager’s Conference Room - Item 1. c). ____________________________ JEANNE M. LEONCINI, City Clerk APPROVED THIS ______ DAY OF __________, 2005 ___________________________________ MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 07/05/2005 Page 4