HomeMy WebLinkAboutCC Minutes 2009-05-04SRCC Minutes (Regular) 05/04/2009 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, MAY 4, 2009 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Robert F. Epstein, City Attorney
Esther C. Beirne, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 6:40 PM
Mayor Boro announced Closed Session items:
CLOSED SESSION — CONFERENCE ROOM 201 — 6:40 PM
Present: Albert J. Boro, Mayor
Barbara Heller, Vice -Mayor
Greg Brockbank, Councilmember
Damon Connolly, Councilmember
Cyr N. Miller, Councilmember
Absent: None
1. a) Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing, et al. v. Citv of San Rafael, et al.
U.S. District Court, Northern Dist. of CA, Case # C003785
b) Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing, et al. v. Citv of San Rafael, et al. (MHC ll)
U.S. District Court, Northern Dist. of CA, Case # C043325
City Attorney Robert Epstein announced that no reportable action was taken.
CLOSED SESSION — CONFERENCE ROOM 201 — 8:50 PM
C) Conference with Labor Negotiators— Government Code Section 54957.6(a)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Rob Epstein,
Ken Nordhoff
Employee Organization(s):
San Rafael Fire Chief Officers' Assn.
San Rafael Firefighters' Assn.
San Rafael Police Mid -Management Assn.
San Rafael Police Association
Western Council of Engineers
Assn. of Confidential Employees
SElU Miscellaneous & Supervisory
SEIU Child Care Unit
Unrepresented Management
Unrepresented Mid -Management
Elected City Clerk and Elected Part -Time City Attorney
Mayor Boro announced at 9:09 PM that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
8:16 PM
Massaqe Parlors: - File 9-1
Noting the growing number of massage parlors in San Rafael, Brad Sears stated that more needed to be done to keep San
Rafael from becoming another anonymous mid-size city with big city problems. He noted the latest full body massage parlor
sits twenty feet from the Head Start Daycare at the Presbyterian Church on Fifth Avenue and steps from Marin Academy
High School.
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SRCC Minutes (Regular) 05/04/2009 Page 2
Carolvn Svenson, San Rafael resident and income -property owner, expressed concern about the risk to tenants and
homeowners living in multi -use zoned neighborhoods. Reporting that a six-year old girl resides in one of her rental units,
which is directly across the street from a massage parlor, she noted that a neon sign remains lit until midnight at this location.
She reported that there was a great deal of traffic as a result of the massage parlor being open at these late hours, together
with an influx of strangers to a neighborhood with a preponderance of residential. Ms. Svenson hoped the zoning laws could
be refined to prohibit these establishments in residential and multi -use neighborhoods, limiting them to within business use
areas.
Mr. Nordhoff, City Manager, noted the speakers were specifically referring to a recent application on Fifth Avenue. He stated
that currently, there were no zoning restrictions in any areas throughout the City relating to massage use.
Mr. Brown explained that massage therapists were considered personal service uses, similar to a long laundry list, which
includes beauty shops, nail salons, travel agents, diet center, etc., which were permitted uses in all commercial districts. He
reported that a number of years ago, the San Rafael Municipal Code was changed to create a police licensing provision in
the belief that zoning was not a good tool to determine which massage therapists were legitimate. He indicated that a police
licensing process is currently in operation that involves background checks, fingerprinting, monitoring, etc.
Responding to Councilmember Brockbank's question regarding legal requirements, noting a recent change in the law
concerning state licensing for massage therapists, City Attorney Robert Epstein stated that the City Attorney's Office, when
directed by the City Manager, would be happy to report at a future City Council meeting on legal developments.
Mr. Nordhoff believed the best approach would be to gather information and recent findings on a cross -departmental basis
and provide a comprehensive report to the City Council, keeping Mr. Sears and Ms. Svenson apprised of when this would
be.
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Connolly seconded, to approve the Consent Calendar as follows.
ITEM
Call for Applications for Appointments to Fill Two Four -Year
Terms on the Design Review Board, to the end of June
2013, due to Expiration of Terms of Jeff Kent and Viktoriya
Wise (CC) — File 9-2-39
Call for Applications for Appointments to Fill Two Four -
Year Terms on the Planning Commission, to the end of
June, 2013, due to Expiration of Terms of Kate Colin
and Charles Pick (CC) — File 9-2-6
RECOMMENDED ACTION
a) Called for applications to fill two -four-
year terms on the Design Review
Board, with terms to expire the end of
June, 2013;
b) Set deadline for receipt of applications
for Tuesday, May 26, 2009 at 12 -Noon
in the City Clerk's Office, Room 209,
City Hall; and
c) Set date for interviews of applicants at
a Special City Council meeting to be
held on Monday, June 1, 2009.
a) Called for applications to fill two -four-
year terms on the Planning
Commission, with terms to expire the
end of June, 2013;
b) Set deadline for receipt of applications
for Tuesday, June 9, 2009 at 12 -Noon
in the City Clerk's Office, Room 209,
City Hall; and
c) Set date for interviews of applicants at
a Special City Council meeting to be
held on Monday, July 6, 2009.
SRCC Minutes (Regular) 05/04/2009 Page 2
4. Resolution Denying Appeal and Approving a Modified
Project Application re 721-737 Francisco Boulevard
East ("Litchfield's") (CD) — File 273
Resolution Authorizing Execution of Agreements for
Assessing the Feasibility of Public Facilities Ballot
Measure Options, Plus a Facilities Bond Measure
Survey, with Sidewalk Strategies and Godbe Research
(CM) — File 4-3-434 x 4-3-435
Resolution Approving an Agreement Between the City of
San Rafael and Marinwood Community Services District
for Fire Protection and Emergency Response Services
for 2009-2010 (FD) — File 4-10-130 x 9-3-31
Resolution Amending Resolution No. 11498
and Authorizing Amendment of the
Declaration of Trust for the ICMA-RC
Vantagecare Retirement Health Savings
(RHS) Plan to Allow New Contributions to
Such Plan (MS) — File 7-4-5
Resolution Accepting a Proposal from Ghirardelli &
Associates, Inc. for Professional Services to Provide
Project Administration and Inspection Services for the
Third Street and Union Street Improvement Project, No.
11025, and Authorizing the City Manager to Execute the
Agreement in an Amount of $125,000.00 (PW) —
File 4-3-501 x 9-3-40
SRCC Minutes (Regular) 05/04/2009 Page 3
RESOLUTION NO. 12726
RESOLUTION:
A) DENYING AN APPEAL (AP09-001) OF
THE PLANNING COMMISSION'S DENIAL
OF THE INITIAL PROJECT; AND B)
APPROVING MODIFICATIONS TO THE
PROJECT (SIGN PROGRAM AMENDMENT
[SR08-070], SIGN EXCEPTION [EX09-002],
AND ENVIRONMENTAL AND DESIGN
REVIEW PERMIT AMENDMENT [ED08-110]
TO ALLOW: 1) AN INCREASE IN THE
NUMBER AND SIZE OF SIGNAGE; 2) AN
INCREASE IN THE HEIGHT OF AN
EXISTING FREESTANDING PYLON SIGN
FROM 21' TO 28'; AND 3) NEW SIGN AND
BUILDING COLORS FOR AN EXISTING
MOTEL/BULK COMMERCIAL RETAIL
COMPLEX LOCATED AT 721-737
FRANCISCO BOULEVARD EAST
("LITCHFIELD'S") APN: 014-204-11
RESOLUTION NO. 12727
RESOLUTION AUTHORIZING EXECUTION
OF AGREEMENTS FOR ASSESSING THE
FEASIBILITY OF PUBLIC FACILITIES
BALLOT MEASURE OPTIONS PLUS A
FACILITIES BOND MEASURE SURVEY,
WITH SIDEWALK STRATEGIES AND
GODBE RESEARCH
RESOLUTION NO. 12728
RESOLUTION APPROVING AN
AGREEMENT BETWEEN THE CITY OF
SAN RAFAEL AND MARINWOOD
COMMUNITY SERVICES DISTRICT FOR
FIRE PROTECTION AND EMERGENCY
RESPONSE SERVICES FOR 2009-2010
RESOLUTION NO. 12729
RESOLUTION AMENDING RESOLUTION
NO. 11498 AND AUTHORIZING
AMENDMENT OF THE DECLARATION OF
TRUST FOR THE ICMA-RC
VANTAGECARE RETIREMENT HEALTH
SAVINGS (RHS) PLAN TO ALLOW NEW
CONTRIBUTIONS TO SUCH PLAN
RESOLUTION NO. 12730
RESOLUTION ACCEPTING A PROPOSAL
FROM GHIRARDELLI ASSOCIATES, INC.
FOR PROFESSIONAL SERVICES TO
PROVIDE PROJECT ADMINISTRATION
AND INSPECTION SERVICES FOR THE
THIRD STREET AND UNION STREET
IMPROVEMENT PROJECT, PROJECT NO.
11025, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE
AGREEMENT IN AN AMOUNT OF
$125,000.00
SRCC Minutes (Regular) 05/04/2009 Page 3
Resolution Approving and Authorizing the City Manager
to Execute an Amendment to the June 16, 2003
Agreement With Kimley-Horn And Associates, Inc. to
Expand the Scope of Work for the Third Street And
Union Street Improvements Project in the Amount of
$14,500, for a Total Amount not to Exceed $137,064
(PW) — File 4-10-336 x 11-10 x 11-11
10. Resolution Designating the Week of May 10 - 16, 2009
as Small Business Week (RA) — File 102
11. Resolution Authorizing Closure of Downtown City
Streets in Connection with the San Rafael Twilight
Criterium on Saturday, July 11, 2009 from 12 Noon to
10:00 p.m. (RA) — File 11-19
12. Resolution Approving the Redevelopment Agency
Purchase of a Below Market Rate Unit for $244,000,
Approving Up to $31,000 for Costs Associated with the
Resale and Making Findings and Approvals Pursuant to
the California Redevelopment Law in Connection with
the Utilization of Agency Low and Moderate Income
Housing Funds Outside the Central San Rafael
Redevelopment Project Area (APN 155-376-24) (RA) —
File 229 x R-173
SRCC Minutes (Regular) 05/04/2009 Page 4
RESOLUTION NO. 12731
RESOLUTION APPROVING AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE JUNE
16, 2003 AGREEMENT WITH KIMLEY-
HORN AND ASSOCIATES, INC. TO
EXPAND THE SCOPE OF WORK FOR THE
THIRD STREET AND UNION STREET
IMPROVEMENTS PROJECT IN THE
AMOUNT OF $14,500 FOR A TOTAL
AMOUNT NOT TO EXCEED $137,064
RESOLUTION NO. 12732
RESOLUTION OF APPRECIATION TO ALL
SMALL BUSINESSES IN SAN RAFAEL
AND DESIGNATION OF MAY 10-16,2009
AS SMALL BUSINESS WEEK
RESOLUTION NO. 12733
RESOLUTION AUTHORIZING THE
TEMPORATY CLOSURE OF CITY
STREETS FOR THE SAN RAFAEL
TWILIGHT CRITERIUM ON SATURDAY,
JULY 11, 2009 FROM 12 -NOON TO 10:00
PM
RESOLUTION NO. 12734
RESOLUTION APPROVING THE
REDEVELOPMENT AGENCY PURCHASE
OF A BELOW MARKET RATE UNIT FOR
$244,000, APPROVING UP TO $31,000 FOR
COSTS ASSOCIATED WITH THE RESALE
AND MAKING FINDINGS AND APPROVALS
PURSUANT TO THE CALIFORNIA
REDEVELOPMENT LAW IN CONNECTION
WITH THE UTILIZATION OF AGENCY LOW
AND MODERATE INCOME HOUSING
FUNDS OUTSIDE THE CENTRAL SAN
RAFAEL REDEVELOPMENT PROJECT
AREA (APN: 155-376-24)
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SPECIAL PRESENTATION:
13. PRESENTATION OF RESOLUTION OF APPRECIATION FOR SMALL BUSINESS WEEK (RA) — FILE 102
Mayor Boro stated this was a Resolution of Appreciation to all small businesses in San Rafael, designating
the week of May 10 — 16, 2009 as Small Business Week in San Rafael.
Mayor Boro stated the resolution indicated that Small Businesses make up an essential part of the economic
health of the City of San Rafael. The City supports the San Rafael Chamber of Commerce Business
Showcase, which functions as a highly successful resource for small businesses and small businesses create
a strong local economy, provide employment opportunities and the products and services necessary to
residents and other businesses. Small Businesses generate vitality and add life to all San Rafael business
centers and Small Businesses, the City of San Rafael and San Rafael Chamber of Commerce work together
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to promote and strengthen the community.
Mayor Boro quoted from the Resolution: "Now, therefore, be it resolved that the Mayor and City Council of
the City of San Rafael designate May 10 — 16, 2009 as Small Business Week, support the Business
Showcase on May 13, 2009 and express sincere appreciation for the contributions of all Small Businesses in
the City of San Rafael."
On behalf of the San Rafael Chamber of Commerce and all Small Businesses in San Rafael, Jerry Tallman,
San Rafael Chamber of Commerce, thanked the City Council and all involved for designating the week of
May 10 — 16, 2009 as Small Business Week and for their support of the Business Showcase.
OTHER AGENDA ITEMS:
14. DISCUSSION RE CITY'S BUDGET FOR 2009- 2011 (CM) — FILE 8-5
City Manager Ken Nordhoff reported that on Wednesday last, April 29, 2009, the City Council and staff spent
a substantial amount of time working through a Service Prioritization worksheet, the tallied results of which he
submitted to the City Council this evening.
Referring to these results, Mr. Nordhoff indicated that the first two pages related to a variety of police
services, noting there appeared to be strong support around priorities such as:
• Maintaining the assignment of police beats on a 24/7 basis
• Maintaining staffing and resources in the Directed Patrol Unit - supports intervention with regard to
prostitution, gangs, etc.
• Mental Health program
With regard to the COPE program, which interrelates to the Major Crimes Task Force, Mr. Nordhoff stated he
called this out because everything in the table discusses ways of reducing service, whereas this would
actually be getting back into the program.
Mr. Nordhoff noted a number of items in the center column (Mid Level Priority — May Consider Service
Reduction) where Councilmembers requested further information before supporting a final decision.
Pausing for questions, Mr. Nordhoff stated it was staff's expectation that more specific information would be
brought forward over the next month.
With regard to the Major Crimes Task Force, Councilmember Brockbank stated that since San Rafael was
not currently a member he was unsure what a Lesser Priority, Willing to Reduce, Services would mean in that
context.
Mr. Nordhoff stated that the context did not fit, as it was the only item that would incur an additional cost. He
inferred from the Council responses that two members would like San Rafael to be reinstated and three were
satisfied at not returning to the Major Crimes Task Force in its reformed condition.
Referring to pages 3 and 4 of the worksheet, Mr. Nordhoff noted rankings around Emergency Services
programs, Fire Services and Library. On page 4, he noted strong support to hold on to the Volunteer
Program. Pages 4 and 5 listed a number of Public Works services. Items of note dealt with strong support
for ensuring traffic signals were operating effectively and efficiently and for storm water maintenance. Page 5
also listed some Community Development related items, some of which required additional response and
information.
Mr. Nordhoff stated he was using this worksheet as a gauge. The list included items, which Council
considered essentially non-negotiable at this point. Other items were in the lesser priority category, which
demonstrated some willingness to slow down, reduce or diminish the level of services and the mid-level
priority. He indicated he would be working with the departments, had commenced a series of budget
meetings and would return to the City Council in two weeks to provide a preview of Goals and Objectives for
the next two years. Mr. Nordhoff stated he would also be working with the departments to generate
recommendations rooted in how the various services had been ranked by the City Council. Noting a number
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of items were not listed, he reminded the City Council that should there be opportunities, administratively,
through some support services areas to save money or reduce costs, these would be evaluated. However,
the worksheet contained the primary services delivered by the various departments, which most directly
benefited the public and primarily came from General Fund taxes, which were in deep decline.
With regard to the rankings, Councilmember Brockbank stated that his quick initial count indicated five areas
Mr. Nordhoff considered to be in the Lesser Priority Category; however, in three of those no Councilmember
agreed. He indicated this could mean more information was needed as to why Mr. Nordhoff believed these
were areas that should be cut. With regard to the Mid -Level Category he confirmed with Mr. Nordhoff that
further information would be forthcoming.
The report was accepted by the City Council.
CITY MANAGER'S REPORT:
15. H1N1 Virus: - File 13-1
City Manager Ken Nordhoff stated that Steven Hancock, Emergency Services Manager, would provide an
update on the H1 N1 virus.
Steven Hancock provided a timeline of events and update on San Rafael's handling of this health emergency,
noting Marin County agencies worked really well together. He indicated that the City of San Rafael handled
the situation with a unified command, which included Fire, Police, Community Services, Library, etc.
Mr. Hancock reported that at this time cases in Marin County, and nationally, were decreasing. Bahia Vista
School would reopen tomorrow, Tuesday, May 5, 2009, and Pickleweed Park Community Center and Library
would reopen tomorrow to normal operations.
Mayor Boro congratulated Jim Schutz, Nancy Mackle, Carlene McCart, Steven Hancock and Angela Del
Ponte for their work on Thursday evening last, April 30th, 2009. He indicated that even more impressive was
the fact that when a call went out for volunteers from City staff to assist with screening at Pickleweed
Community Center and Library over the weekend, shifts were over -subscribed.
COUNCILMEMBER REPORTS: (Including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
16. Association of Bav Area Governments (ABAG): - File 111 x 9-1
Councilmember Brockbank reported on his attendance at the ABAG Spring General Assembly and Business
Meeting on Thursday, April 23, 2009 and shared some meeting material. He noted Nancy McFadden, PG&E,
had some interesting statistics concerning Greenhouse Gases:
• If the entire United States had taken the same steps as California, the Kyoto goals would already have
been met
• California's energy use had been flat, while the rest of the United States use was increasing
With regard to AB 811 — Legislation that allows groups to set up Assessment Districts, referred to as "Berkeley
First", Councilmember Brockbank noted that Sonoma had recently set one up, the Bay Area was considering
setting one up, as was Marin Clean Energy.
Councilmember Brockbank reported that the world's percentage of Greenhouse Gases from transportation
was 14%. In the Bay Area this was 41 % and 61 % in San Rafael.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:49 p.m. to
Closed Session item # 1c) — Labor Negotiations
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 12009
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 05/04/2009 Page 6