HomeMy WebLinkAboutCC Minutes 2010-03-15SRCC Minutes (Regular) 03/15/2010 Page 355
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 15, 2010 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
Members of the public may speak on Agenda items.
OPEN SESSION — COUNCIL CHAMBERS — 7:00 PM
Mayor Boro announced Closed Session item.
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM
Present: Albert J. Boro, Mayor
Damon Connolly, Vice -Mayor
Greg Brockbank, Councilmember
Barbara Heller, Councilmember
Marc Levine, Councilmember
Absent: None
Conference with Labor Negotiators— Government Code Section 54957.6(a)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Robert Epstein,
Ken Nordhoff
Employee Organization(s):
San Rafael Fire Chief Officers' Assn. Western Council of Engineers
San Rafael Firefighters' Assn. Local 1 - Confidential
San Rafael Police Mid -Management Assn. SEIU Miscellaneous & Supervisory
San Rafael Police Association SEIU Child Care Unit
Unrepresented Management
Unrepresented Mid -Management
Elected City Clerk and Elected Part -Time City Attorney
City Attorney, Robert Epstein announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:07 PM
None.
Councilmember Connolly moved and Councilmember Levine seconded, to approve the Consent Calendar as
follows:
CONSENT CALENDAR:
ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE
APPROVED BY ONE MOTION, UNLESS SEPARATE ACTION IS
REQUIRED ON A PARTICULAR ITEM:
2. Approval of Minutes of Regular City Council Meetings of February
16 and March 1, 2010 (CC)
3. Call for Applications for Appointments to Fill Four Four -Year
Terms on the Measure 'S' Citizens Oversight Advisory Committee
to the end of April, 2014, due to the Expiration of Terms of Clifford
Detz, Paula Kamena, Lawrence Luckham and Jack Nixon (CC)
File 9-2-58
RECOMMENDED ACTION:
APPROVAL OF THE FOLLOWING
ACTION:
Minutes approved as submitted.
Approved staff recommendation:
a) Called for applications to fill four,
four-year terms on the Measure S
Citizens Oversight Advisory
Committee, to expire the end of April,
2014; and
SRCC Minutes (Regular) 03/15/2010
4. City Attorney's Impartial Analysis of the Special Library Services
Parcel Tax (CA) — File 9-4 x 9-3-16
SRCC Minutes (Regular) 03/15/2010 Page 356
b) Set deadline for receipt of
applications for Tuesday, April 6,
2010 at 12:00 noon in the City Clerk's
Office, City Hall, Room 209; and
c) Set date for interviews of
applicants at a Special City Council
meeting to be held on Monday, April
19, 2010, commencing at 6:00 p.m.
Accepted report.
5. Resolution of Appreciation to Recipient of the Richard P. O'Brien RESOLUTION NO. 12929
and Mary Ferrario O'Brien Citizen of the Year Award (CD) RESOLUTION OF APPRECIATION TO
File 262 x 102 MARGIE BELROSE, RECIPIENT OF
THE RICHARD P. O'BRIEN AND
MARY FERRARIO O'BRIEN 2010
CITIZEN OF THE YEAR AWARD
6. Monthly Investment Report for Month Ending February, 2010
(Fin) — File 8-18 x 8-9
7. FY 2008/09 Annual Financial Audit Report; The Gann
Appropriation Limit Report, and the Memorandum on Internal
Control Structure (Fin) — File 8-9 x 9-3-20
8. Resolution of Appreciation to Peggy Heath, Parking Enforcement
Officer, Employee of the Quarter Ending December, 2009 (MS)
File 102 x 9-3-87
Accepted Monthly Investment Report
for month ending February, 2010, as
presented.
Accepted reports.
RESOLUTION NO. 12930
RESOLUTION OF APPRECIATION TO
PEGGY HEATH, EMPLOYEE OF THE
FOURTH QUARTER 2009
9. Resolutions Authorizing the City Manager to Enter Into Two Joint RESOLUTION NO. 12931
Powers Agreements and Further Authorizing the City Manager to RESOLUTION JOINING THE JOINT
Serve on the Board of Directors of Both Joint Services Authorities POWERS AGREEMENT WHICH
(MS) — File 4-13-126 and 4-13-127 ESTABLISHED THE REGIONAL
GOVERNMENT SERVICES
AUTHORITY
10. Resolution Accepting Proposal from Lefler Engineering to
Develop Plans, Specifications and Construction Documents
for the Upgrade of the City Hall Heat, Ventilation and Air
Conditioning (HVAC) System, in an Amount not to Exceed
$55,000, and Authorizing the Director of Public Works to
Execute a Professional Services Agreement (PSA) with Lefler
Engineering, Inc. (PW) — File 4-3-506
RESOLUTION NO. 12932
RESOLUTION JOINING THE JOINT
POWERS AGREEMENT WHICH
ESTABLISHED THE LOCAL
GOVERNMENT SERVICES
AUTHORITY
RESOLUTION NO. 12933
RESOLUTION ACCEPTING
PROPOSAL FROM LEFLER
ENGINEERING TO DEVELOP PLANS,
SPECIFICATIONS AND
CONSTRUCTION DOCUMENTS FOR
THE UPGRADE OF THE CITY HALL
HEAT, VENTILATION AND AIR
CONDITIONING (HVAC) SYSTEM, IN
AN AMOUNT NOT TO EXCEED
$55,000, AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO
EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (PSA) WITH
SRCC Minutes (Regular) 03/15/2010
11. Resolution Authorizing Temporary Closure of Point San Pedro
Road from Riviera Drive to Biscayne Drive for Marin County
Marathon April 25, 2010 from 7:00 a.m. — 12:00 p.m. (RA)
File 11-19
12. Resolution Authorizing the Temporary Closure of City Streets
for the Marin Concours d'Elegance Drive on May 15, 2010 on
A Street, between Third and Fourth Streets, from 1:00 p.m. —
5:00 p.m. (RA) — File 11-19
SRCC Minutes (Regular) 03/15/2010 Page 357
LEFLER ENGINEERING, INC.
RESOLUTION NO. 12934
RESOLUTION AUTHORIZING
TEMPORARY CLOSURE OF PT. SAN
PEDRO ROAD FROM RIVIERA DRIVE
TO BISCAYNE DRIVE FOR MARIN
COUNTY MARATHON APRIL 25, 2010
FROM 7AM TO 12PM
RESOLUTION NO. 12935
RESOLUTION AUTHORIZING THE
TEMPORARY CLOSURE OF CITY
STREETS FOR THE MARIN
CONCOURS D'ELEGANCE DRIVE ON
MAY 15T", 2010 ON A STREET
BETWEEN 3RD & 4T" STREETS FROM
1 PM — 5PM
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
SPECIAL PRESENTATIONS;
13. PRESENTATION OF RESOLUTION OF APPRECIATION TO PEGGY HEATH. EMPLOYEE OF THE
QUARTER ENDING DECEMBER, 2009 (MS) — FILE 102 x 9-3-87
Inviting Peggy Heath to the podium, Mayor Boro explained that each quarter, employees of the City select an
Employee of the Quarter and as Employee of the fourth quarter for 2009, Peggy Heath received an award of
$100 and a gold star and would be eligible to compete for the Employee of the Year Award in April.
Indicating Peggy had worked in traffic enforcement in the Parking Services Division since 1990, specializing
in the abatement of abandoned vehicles, Mayor Boro commented that she makes customer service her top
priority. She did an excellent job recently replacing her supervisor who was on medical leave.
On behalf of the City Council, San Rafael community and City employees, Mayor Boro congratulated Ms.
Heath and presented her with the Resolution of Appreciation.
Expressing thanks, Peggy Heath stated she had enjoyed working for the City of San Rafael for twenty-two
years.
14. PRESENTATION OF RESOLUTION OF APPRECIATION TO RECIPIENT OF THE 2010 RICHARD P.
O'BRIEN AND MARY FERRARIO O'BRIEN CITIZEN OF THE YEAR AWARD (CD) — FILE 262 x 102
Noting two former recipients of the Citizen of the Year Award in attendance tonight, Sue Beittel — 2002
recipient and Phyllis and Max Thelan — recipients in 2009, Mayor Boro invited Margie Belrose to join the City
Council at the podium, together with Mary O'Brien and her son.
Mayor Boro explained that this annual award is given in honor of Richard P. O'Brien, former Planning
Commissioner, and his wife, Mary Ferrario O'Brien and the recipient(s) would be presented with a check at
the Annual State of the City Dinner on April 9, 2010.
Quoting from the Resolution of Appreciation Mayor Boro stated:
"Margie Belrose has been selected as the recipient of the Richard P. O'Brien and Mary Ferrario O'Brien
Citizen of the Year award due to her lifelong accomplishments in promoting a vibrant presence of the theatre,
entertainment and education in Downtown San Rafael;
Margie's community contributions began in 1954 when she and her husband David opened their business to
teach students the art of acting, singing and dancing;
SRCC Minutes (Regular) 03/15/2010
SRCC Minutes (Regular) 03/15/2010 Page 358
In 1962, Margie and David purchased and redesigned the former Trinity Lutheran Church at 1415 Fifth
Avenue to create the Belrose where students could study and perform as well as learn the crafts of set
design, producing, directing and writing;
Over the years Margie expanded the performing arts center to include a costume shop (today renowned for
its Renaissance festival costumes), live dinner entertainment, Thursday Night Open Mic;
At the Belrose, Margie has offered three generations of San Rafael residents, both experienced and novice,
an opportunity for self-expression and growth as local performers;
In addition to the time-honored musicals such as `Oliver' and `Peter Pan' to classics such as 'Miracle Worker'
and `The Lion in Winter,' Margie presented original delightful spoofs such as 'Hello Marin Hello;'
Margie's legacy is characterized by the lasting imprint of the Belrose in the hearts of San Rafael residents
and visitors, and by her generosity in opening the doors of Belrose for fundraising events and granting
countless scholarships to deserving and underprivileged students of all ages and backgrounds.
Now, therefore, be it resolved that the San Rafael Mayor and the City Council express their appreciation of
Margie Belrose's efforts on behalf of her community and hereby award her the Richard P. O'Brien and Mary
Ferrario O'Brien Citizen of the Year Award."
Mayor Boro congratulated Ms. Belrose and presented her with the Richard P. O'Brien and Mary Ferrario
O'Brien 2010 Citizen of the Year Award.
Expressing thanks to Mayor Boro and the City Council and noting this was their fifty-sixth year at the
Belrose, Ms. Belrose reported that in three years, the building would be one hundred years old.
Stating it was a privilege to see Ms. Belrose this evening, Mary Ferrario O'Brien recalled her husband's
remarking after a meeting one evening that Ms. Belrose had contributed so much to the City of San Rafael;
she was pleased it had now been recognized.
Mary O'Brien introduced third generation Melanie O'Brien.
Mayor Boro paused the City Council meeting at 8:17 p.m. to honor the recipients at a reception in the lobby.
The City Council meeting resumed at 8:40 p.m.
OTHER AGENDA ITEMS:
15. RESOLUTION RECOMMENDING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT
FUNDING FOR THE YEAR 2010-2011 TO THE MARIN COUNTY BOARD OF SUPERVISORS (RA) — FILE
147
Katie Korzun, Economic Development Coordinator, explained that with regard to Community Development
Block Grant (CDBG) moneys:
• Public service moneys are allocated through the County of Marin with review and recommendations
made by a local area committee, of which Councilmember Brockbank is a member.
• Capital moneys go through the City Council where a recommendation is made to the Marin County
Board of Supervisors, with the County making the final allocation
Ms. Korzun noted that this is set up in the Memorandum of Understanding (MOU) between the City of San
Rafael and Marin County.
Mr. Korzun reported that last year larger than usual grants were awarded because of the availability of
stimulus funds; therefore, absent such funds this year the grant was smaller. Although the total amount of
the grant was not confirmed, staff estimated it to be approximately the same as 2008-2009. Ms. Korzun
explained that a grant of $1.6 million goes to Marin County, of which San Rafael would hopefully receive
$505,000 (85% Housing and Capital = $429,000). This included some Reprogrammed Funds - moneys not
used by other projects and returned, together with Out of Cycle Reprogramming — the result of some very
SRCC Minutes (Regular) 03/15/2010
SRCC Minutes (Regular) 03/15/2010 Page 359
creative project funding and development by the Public Works Department. She commented on how
wonderful this project and working with Roy Bateman from the County was, noting Marin County fronted the
money temporarily to expedite the process.
Mr. Korzun reported that from a total of fifteen projects nine were recommended for funding:
1) Public facilities Accessibility Improvements (ADA) — City of San Rafael
2) Fair Housing Program
3) Rehabilitation Loan Program
4) Residential Accessibility Modifications — Marin Center for Independent Living (MCIL)
5) Sunrise II — Lifehouse Inc. — Exterior Siding
6) Sunrise II — Lifehouse Inc. — Roof
7) Sunrise II — Lifehouse Inc. —Windows
8) Montecillo House — Lifehouse Inc. — Roof
9) Horizon House — Buckelew (partial)
Mr. Korzun reported that since the amount of money available was so limited on this occasion, in discussions
with Roy Bateman it was decided to focus on projects facing structural problems.
Regarding projects not recommended for funding, Ms. Korzun explained:
• Laurel Place had requested window replacements; however, this was deemed not to be structural
• Neighborhood Revitalization Program - Habitat for Humanity — City of San Rafael provided allocation,
not CDBG
• St. Vincent de Paul withdrew their application
• Marin Abused Women's Facility had requested an elevator, which was not considered structural
• Alano Club — in comparing the project to priorities, it was found that, while it was a capital project this
was the first step in a long process which included plans to begin fundraising for the project. The total
scope of the project and process were unclear, and it was not found to be consistent with current
policies. Also, it was not a housing project and housing was the first priority.
Councilmember Brockbank stated it appeared as though efforts were made to give money to virtually all
applicants who qualified and he inquired whether funds were allocated to those qualifying according to a
percentage of their request, past history or Roy Bateman's recommendation, etc.
Ms. Korzun explained that subsequent to comparisons with priorities — City projects, followed by capital, etc. -
efforts are made to spread the funds as far as possible, giving preference to funding an entire project. Since
funds were so limited this year, allocations were made to items structural in nature. With regard to Lifehouse,
money was pending from other projects and CDBG funds filled the gap enabling them to complete their entire
$44,000 project. Funds were contributed to Montecillo for their roof problem and, although there was
insufficient money to fund the entire Horizon House project, $12,000 was provided towards their structural
issues.
Rob Simon stated he appreciated the hard work done by staff, noting decisions could be difficult. He
indicated he had been approached by the Marin Alano Club for assistance with this project as a volunteer
and unpaid consultant. Mr. Simon explained that the Marin Alano Club was founded in 1965 and moved to its
present location at 1360 Lincoln Avenue in 1974. It was founded to provide a location for twelve -step
meetings, and was an unaffiliated and separate 501(c) (3). The Alano Club owns the 101 year-old building,
holds approximately 50 12 -step meetings weekly with over 1,000 attendees, and throughout the remainder of
the month a further dozen different types of meetings are held, all in the area of recovery, etc.
Mr. Simon stated that the Alano Club had never received funding from any public entity other than $10,000
allocated by Marin County Supervisor Adams some years ago to assist with much needed front porch repairs.
Explaining this was an accessibility project, he noted the Alano Club qualifies in the same way as CDBG
funds used for ADA Department of Justice projects. Mr. Simon indicated he was informed by the Alano Club
manager recently that a lady in a wheelchair had to be carried up the stairs into the facility.
Mr. Simon reported that Fred Divine, architect, had agreed to generate a set of plans for the project at a cost
of $12,000, which he believed was inexpensive. He requested the City Council to reconsider funding the
Alano Club project and indicated he would attend the Countywide Priority Setting meeting to request
reconsideration of the project. Explaining that the project could not go out to bid until plans were available he
SRCC Minutes (Regular) 03/15/2010
SRCC Minutes (Regular) 03/15/2010 Page 360
expressed the hope that CDBG funds could be used for this. Mr. Simon reported that the Board of Directors
was ready to assist in raising money — $9,500 was requested from CDBG funds and the remainder could be
found to generate the plans.
Noting the City Council had difficult decisions to make, Mr. Simon reported that having approached Mr.
Nordhoff last year requesting some assistance, Mr. Nordhoff suggested applying for CDBG funds; however,
he made no guarantees. Requesting reconsideration be given to this project, Mr. Simon stated it was an
amazing place offering considerable help in the community.
Councilmember Heller inquired whether this was a long-term project.
Mr. Simon confirmed that the project commenced in the fall of 2009. Completion of plans would provide a
more accurate figure; however, the ballpark estimate was $225,000.
Mayor Boro inquired whether the Alano Club currently had some money towards the plans.
Mr. Simon responded in the negative.
Councilmember Brockbank inquired whether it was common, subsequent to recommendations being made,
for an applicant to question why they did not qualify and invite suggestions on improving their application in
future years.
Ms. Korzun stated the approach taken to CDBG was to provide funds to make projects happen; more
requests were received than funds available. Housing projects were those that would be constructed rather
than being the first step in a multi -phase process and she confirmed that in the past funds had not been
allocated for architects' plans.
Noting the other part of the program was for Public Service projects going to 501 (c) (3) organizations,
Councilmember Brockbank suggested that this could be a better avenue for the Alano Club for applying in
future years.
Mr. Simon explained that Public Service money would not be applicable to plans. Despite the fact that the
City of San Rafael had never given moneys for plans, plans were not excluded from this funding.
Ms. Korzun explained that the proposed project would come under capital whereas housing was first with
CDBG priorities, and it was rare to deviate to non -housing projects.
Councilmember Brockbank inquired whether applicants were sometimes advised of other sources of funding.
Ms. Korzun stated that in the event staff was aware of any, applicants would be informed; however, she was
unaware of any other funds currently.
Expressing appreciation for Councilmember Brockbank's time and effort, Mr. Simon stated that if the Alano
Club was not reconsidered for project funding this year and did not seek funding elsewhere, they might apply
for CDBG funding next year.
Mayor Boro believed the idea of applying again and applying elsewhere was good for the Alano Club.
Councilmember Heller moved and Councilmember Levine seconded, to adopt the resolution.
RESOLUTION NO. 12936 — RESOLUTION RECOMMENDING COMMUNITY DEVELOPMENT BLOCK
GRANT PROJECT FUNDING FOR THE YEAR 2010-11 TO THE
MARIN COUNTY BOARD OF SUPERVISORS
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
16. None.
SRCC Minutes (Regular) 03/15/2010
SRCC Minutes (Regular) 03/15/2010 Page 361
COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetings and Conferences Attended at City
Expense)
17. Marin Enerav Authoritv: - File 271 x 9-1
Councilmember Connolly reported that at the Marin Energy Authority meeting on Thursday, March 11, 2010,
final agreements were approved for the various financing pieces for the program. Three individuals had
agreed to finance $750,000 and River City Bank, Sacramento, would finance the next two pieces: $950,000
which would be backed by a guarantee from Marin County, and a Working Cap loan for $500,000. Fairfax
had guaranteed an amount of $100,000, leaving an additional $400,000 guarantor pending. Marin Energy
Authority was moving forward with the Shell contract and he noted PG&E had not filed suit under CEQA
(California Environmental Quality Act) by today's deadline. Public outreach being important to both sides, he
reported that MEA was marshalling its resources to inform the public about the program, which would include
a series of workshops and forums. Councilmember Connolly stated that locally he would be working on
outreach to local businesses to ensure questions were answered which hopefully would prevent them from
opting out, and he had invited Councilmember Levine to assist with this effort.
On the question of anticipated legal fees, Councilmember Connolly confirmed that the amount of $600,000
remained the same.
Business Incubation: - File 9-1
Councilmember Connolly reported that he had been working with Ken Nordhoff, Nancy Mackle, Stephanie
Lovette and Katie Korzun on an idea to foster an environment in San Rafael where small start-up companies
could locate, potentially grow and generate tax revenue. He, Ms. Lovette and Ms. Korzun visited the Sonoma
Mountain Business cluster in Rohnert Park, a program which rents space at reduced rates and which was
successful in attracting primarily a green technology focus. They were working with Robert Eyler, Sonoma
State Professor and Interim CEO of the Marin Economic Forum, who appeared to be a conduit between
Marin and Sonoma on these issues. He believed the first step would be to reach out to the commercial real
estate brokerage community in San Rafael.
Marin Transit Authoritv: - File 143
Councilmember Heller reported that Marin Transit Authority was showing a decrease in ridership from 2009;
however, routes 35 and 36 serving the Canal area continued to do very well. Noting service reductions,
effective Sunday, March 14, 2010, Councilmember Heller hoped that in future years, services could be
increased as more resources became available.
Possible Chanaes to Rule re Aaendizina Items: - File 9-1
Councilmember Brockbank invited a motion and second to place an item on a future City Council meeting
agenda to discuss and possibly make changes to the three votes rule.
After discussion, there was Council consensus to schedule a study session on the issue.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:10 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 12010
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 03/15/2010