HomeMy WebLinkAboutCC Minutes 2010-07-06SRCC Minutes (Regular) 07/06/2010 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. TUESDAY, JULY 6, 2010 AT 8:00 P.M.
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Damon Connolly, Vice -Mayor
Greg Brockbank, Councilmember
Marc Levine, Councilmember
Absent: Barbara Heller, Councilmember
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 — 9:00 PM
Mayor Boro announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 — 9:00 PM
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 II)
U.S. District Court, Northern Dist. of CA, Case # C043325
Mayor Boro announced at 9:38 p.m. that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
8:17 PM
Bicvcle Race: - 9-1
Barry Taranto commented that he hoped the very successful Twilight Criterium Bicycle Race to be held on Saturday, July
10, 2010 in downtown San Rafael would be marketed outside of San Rafael to attract crowds. He noted that last year's
event was handled very well and he hoped to attend again this year.
Sutter / Marin Square: - File 9-1
Barry Taranto indicated he did not favor medical office buildings being developed in Marin Square, rather opportunities
should be provided to businesses to create employment for Canal residents. He believed that locating medical offices in
Marin Square would create huge traffic problems.
Councilmember Levine moved and Councilmember Brockbank seconded, to approve the Consent Calendar as follows:
CONSENT CALENDAR:
RECOMMENDED ACTION:
ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED APPROVAL OF THE FOLLOWING ACTION:
BY ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A
PARTICULAR ITEM:
Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be
available for inspection in the City Clerk's Office, Room 209, 1400 Fifth Avenue, and placed with other agenda -related materials on the
table in front of the Council Chamber prior to the meeting.
American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485-
3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation is available through Golden Gate Transit, Line 22 or 23. Paratransit is available by calling Whistlestop Wheels at
(415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested
to refrain from wearing scented products.
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2. Approval of Minutes of Regular City Council Meeting of June
7 and Special City Council Meeting of June 21, 2010 —
3. Special Library Services Parcel Tax — Measure C: (CC)
— File 9-4 x 9-3-61
a) Resolution Declaring Canvass of Returns and Results of
Consolidated Special Municipal Election held on June 8,
2010, Re: Measure C — Special Library Services Parcel
Tax
b) ORDINANCE NO. 1883 — An Ordinance of the City
Council of the City of San Rafael Adding Chapter 3.36 to
the San Rafael Municipal Code Entitled "Special Library
Services Parcel Tax."
4. Designation of Voting Delegate and Voting Alternate to the
League of California Cities Annual Conference - September
15-17, 2010, in San Diego (CC) — File 9-11-1
5. Call for Applications to Fill One Four -Year Term on the
Measure `S' Citizens Oversight Advisory Committee, due to
Expiration of Term of Clifford Detz — Term to Expire End of
April 2014 (CC) — File 9-2-58
6. Call for Applications to Fill One Unexpired Alternate Term on
the Design Review Board — Term to Expire End of June,
2011 (CC) —File 9-2-39
7. Resolution of Appreciation for Richard Olmsted for his
Service on the Design Review Board (CD) —
File 102 x 9-2-39
8. Status Report on Legislation Impacting the City of San
Rafael (CM) — File 116 x 9-1
Minutes approved as submitted.
a) RESOLUTION NO. 12992
RESOLUTION DECLARING CANVASS
OF RETURNS AND RESULTS OF
CONSOLIDATED SPECIAL MUNICIPAL
ELECTION HELD ON JUNE 8, 2010 RE:
MEASURE C — SPECIAL LIBRARY
SERVICES PARCEL TAX
b) Accepted Ordinance No. 1883
Approved staff recommendation.
Approved staff recommendation:
a) Called for applications to fill one, four-
year term on the San Rafael Measure
`S' Citizens Oversight Advisory
Commission to expire the end of April,
2014;
b) Set deadline for receipt of applications
for Tuesday, July 27, 2010 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, August 2, 2010,
commencing at 6:00 PM.
Approved staff recommendation:
a) Called for applications to fill one
unexpired Alternate term on the San
Rafael Design Review Board to expire
the end of June, 2011;
b) Set deadline for receipt of applications
for Tuesday, July 27, 2010 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, August 2, 2010,
commencing at 6:00 PM.
RESOLUTION NO. 12993
RESOLUTION OF APPRECIATION FOR
RICHARD OLMSTEAD FOR HIS SERVICE
ON THE DESIGN REVIEW BOARD
Accepted report.
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9. Resolution Setting the Special Assessment Tax Rate for
Year 2010-2011 on all Taxable Property Within the
Community Facilities District No. 1992-1 (Loch Lomond #10)
(Fin) — File 6-50 x 9-12-1
10. Resolutions: - File 8-5
a) Appropriating Unappropriated Revenues for Fiscal Year
2009-2010;
b) Approving Fiscal Year 2010-2011 GANN Appropriation
Limit (Fin)
11. Bavpoint Lagoons Landscaping and Lighting District Annual
Report: (PW) — File 6-48#9
a) Resolution Directing Filing of Engineer's Annual
Report 2010/2011
b) Resolution Approving Engineer's Annual Report
2010/2011
c) Resolution of Intention to Order Improvements and
Setting Public Hearing on Annual Assessment for
Meeting of July 19, 2010)
12. Adopt Plans and Specifications for Street Resurfacing
Manuel T. Freitas Parkway and Las Gallinas Avenue, City
Project No. 11151, and Authorize the City Clerk to Call for
Bids (PW) — File 4-1-619
13. Resolutions Authorizing Execution of the Right -of -Way
Contracts with the Convenience Acquisition Company, LLC
for the Purchase of a Portion of Property Located at 141
Bellam Boulevard, and with Josephine Mosk, Trustee, for
the Purchase of a Portion of Property Located at 115 Bellam
Boulevard for Right -of -Way Purposes in Connection with the
Sidewalk Improvements on Bellam Boulevard and Francisco
Boulevard East as Part of 1-580/Highway 101 Connector
Project, and Authorizing Acceptance of the Easement
Deeds for Such Properties (PW) — File 2-2.1
RESOLUTION NO. 12994
RESOLUTION SETTING THE SPECIAL
ASSESSMENT DISTRICT TAX FOR LOCH
LOMOND #10 FOR FISCAL YEAR 2010-11
AT $564 PER PARCEL, EXCEPTING
EXEMPT ASSESSOR PARCEL NO'S. 16-
330-12, 13, 14
a) RESOLUTION NO. 12995
RESOLUTION APPROPRIATING
UNAPPROPRIATED REVENUES FOR
FISCAL YEAR 2009-2010
b) RESOLUTION NO. 12996
RESOLUTION APPROVING FISCAL
YEAR 2010-2011 GAN N
APPROPRIATIONS LIMIT AT $93,877,674
a) RESOLUTION NO. 12997
RESOLUTION DIRECTING FILING OF
ENGINEER'S ANNUAL REPORT
2010/2011 -- BAYPOINT LAGOONS
LANDSCAPING AND LIGHTING
DISTRICT
(Pursuant to the Landscaping and
Lighting Act of 1972)
b) RESOLUTION NO. 12998
RESOLUTION APPROVING ENGINEER'S
ANNUAL REPORT 2010/2011 --
BAYPOINT LAGOONS LANDSCAPING
AND LIGHTING DISTRICT
(Pursuant to the Landscaping and
Lighting Act of 1972)
c) RESOLUTION NO. 12999
RESOLUTION OF INTENTION TO ORDER
IMPROVEMENTS AND SETTING PUBLIC
HEARING ON ANNUAL ASSESSMENT
FOR CITY COUNCIL MEETING ON JULY
19,2010-- BAYPOINT LAGOONS
LANDSCAPING AND LIGHTING
DISTRICT
(Pursuant to the Landscaping and
Lighting Act of 1972)
Approved staff recommendation.
RESOLUTION NO. 13000
RESOLUTION AUTHORIZING EXECUTION
OF THE RIGHT-OF-WAY CONTRACT WITH
JOSEPHINE MOSK, TRUSTEE, FOR THE
PURCHASE OF A PORTION OF PROPERTY
LOCATED AT 115 BELLAM BOULEVARD
FOR RIGHT OF WAY PURPOSES IN
CONNECTION WITH THE SIDEWALK
IMPROVEMENTS ON BELLAM
BOULEVARD AND FRANCISCO
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BOULEVARD EAST AS PART OF
1-580/HIGHWAY 101 CONNECTOR
PROJECT, AND AUTHORIZING
ACCEPTANCE OF THE EASEMENT DEED
FOR SUCH PROPERTY
RESOLUTION NO. 13001
RESOLUTION AUTHORIZING EXECUTION
OF THE RIGHT-OF-WAY CONTRACT WITH
THE CONVENIENCE ACQUISITION
COMPANY, LLC FOR THE PURCHASE OF
A PORTION OF PROPERTY LOCATED AT
141 BELLAM BOULEVARD FOR RIGHT-OF-
WAY PURPOSES IN CONNECTION WITH
THE SIDEWALK IMPROVEMENTS ON
BELLAM BOULEVARD AND FRANCISCO
BOULEVARD EAST AS PART OF
1-580/HIGHWAY 101 CONNECTOR
PROJECT, AND AUTHORIZING
ACCEPTANCE OF THE EASEMENT DEED
FOR SUCH PROPERTY
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
SPECIAL PRESENTATION:
14. PRESENTATION OF RESOLUTION OF APPRECIATION TO RICHARD OLMSTED FOR HIS SERVICE ON THE
DESIGN REVIEW BOARD (CD) — FILE 102 x 9-2-39
As Mr. Richard Olmsted was unable to attend this evening, Mayor Boro stated that the Resolution of Appreciation
would be mailed to him.
PUBLIC HEARINGS:
15. EASTERN TERMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE (NATIONAL ORNAMENTAL
RESEARCH SITE — DOMINICAN UNIVERSITY AT UPPER DEER PARK AVENUE OR NORSDUC) — REQUESTS
FOR AMENDMENTS TO THE PLANNED DEVELOPMENT -HILLSIDE DEVELOPMENT OVERLAY (PD -H)
DISTRICT ZONING AND THE MASTER USE PERMIT FOR DOMINICAN UNIVERSITY, AND AN
ENVIRONMENTAL AND DESIGN REVIEW PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A
TEMPORARY (THREE-YEAR), .85 -ACRE, SIMULATED, COMMERCIAL OUTDOOR NURSERY TO RESEARCH
PATHOGENS AND PESTS ON ORNAMENTAL PLANT STOCK ON AN UNDEVELOPED 18.73 -ACRE,
FORESTED HILLSIDE (CD) — FILE 10-2 x 10-7
Mayor Boro declared the public hearing opened.
Bob Brown, Community Development Director, explained that the proposal fell into the category of unusual land
uses sometimes seen associated with a university. He reported that an agricultural research facility would study
Sudden Oak Death Syndrome on an 18 -acre site at the intersection of Magnolia and Deer Park Avenue for three
years. Since the proposal entailed modifying both the campus master plan and the planned development zoning,
the application was somewhat more complicated than a typical nursery.
Steve Stafford, Assistant Planner, Community Development Department, provided the City Council with a map of
the campus plan - an overlay of the map was on display for the convenience of the public. He reported that in 1998,
the City Council originally approved the Dominican University campus development plan, which involved both a
master use permit and a master design review permit, broken up into four phases:
1) Phase I - Construction of the indoor recreational facility, completed in 1998;
2) Phase 11 had two sub -phases: 1) Creation of the Science Center; and 2) Creation of a new chapel. The
Science Center was created and developed in 2006 and the chapel would be incorporated in the ongoing
renovation of Edgehill Mansion, which was expected to be completed some time next year;
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3) Phase III -- Creation of the Edgehill Village residential housing complex, completed in 2002; and
4) Phase IV involved the outdoor recreational facilities — the only part of the master plan that had not yet been
concluded. Time extension request would be heard by the Planning Commission on August 10, 2010.
Mr. Stafford reported that in 2008, the City Council reviewed an application to include Magnolia House in the Master
Plan, which involved, similar to this project, re -zoning of the actual site and amendment of the Master Plan to
incorporate its uses and development into the Master Plan.
Explaining that the project was federally funded, Mr. Stafford stated that the NORSDUC (National Ornamental
Research Site at Dominican University Campus) proposal was essentially a duplicate of Magnolia House and would
approve a re -zoning on the site to allow for particular limited uses, to be incorporated into the master plan. He
indicated that the Design Review permit would also be required to allow for the site improvements, which would be
temporary in nature and removed when completed.
Mr. Stafford reported that site improvements included planting beds, perimeter and privacy fencing, irrigation and
drainage improvements, a modular office as well as utilities to the site. An Initial Study/Mitigated Negative
Declaration was completed on the project analyzing the environmental impacts, which were identified as being
mostly a result of temporary construction activities. Mr. Stafford reported that all of the environmental impacts had
been mitigated to a less than significant impact with the implementation of mitigation measures and conditions of
approval.
Mr. Stafford stated staff found that the applications were consistent with applicable General Plan policies, with the
exception of conservation policy CON -4, which requires a 50 -foot wetlands setback, which the project did not have.
He explained that CON -4 allows for a waiver of the setback encroachment if it were demonstrated that the setback
adequately protects the function and value of the wetlands to the greatest extent feasible subsequent to review by
the appropriate regulatory agencies.
Reporting that a biological assessment was conducted, Mr. Staff stated it was determined that there were some
wetlands jurisdictional features on site and it also identified that they were isolated with very little or no associated
habitat value, due to the limited size and depth. Since the project was not proposed to fill these jurisdictional
features there was no Army Corps of Engineers requirement. He indicated that staff initiated consultation with the
State Department of Fish and Game; however, no response had been received to date. It was also found that the
project was consistent with both applicable zoning ordinance chapters and findings.
Mr. Stafford reported that on June 14, 2010, the Planning Commission reviewed the project, held a hearing and
recommended to the City Council adoption of the Initial Study, Mitigated Negative Declaration, ordinance approving
amendment of the zoning on the site and the resolution approving amending the Master Use Permit on campus to
incorporate this site and the Design Review improvements proposed for the site.
Diane Henderson, Land Use Planner retained by Dominican University to assist with the entitlement process, stated
she was accompanied by Michael Henkes, Assistant Director of Facilities for Dominican University. She indicated
that Mr. Stafford's report to the Planning Commission was also very straightforward and believed Dominican
University had done their homework and conducted neighborhood outreach, resulting in no one attending the
Planning Commission meeting other than herself and Dominican University representatives.
There being no further comment from the audience, Mayor Boro closed the public hearing.
1) Councilmember Connolly moved and Councilmember Levine seconded, to adopt the resolution:
RESOLUTION NO. 13002 — RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR
AMENDMENTS TO THE PLANNED DEVELOPMENT -HILLSIDE OVERLAY
(PD -H) DISTRICT ZONING (ZC10-001) AND TO AN APPROVED MASTER USE
PERMIT (UP10-004) AND AN ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED10-004) TO ALLOW THE CONSTRUCTION AND OPERATION OF
A TEMPORARY (THREE YEARS), 0.85 -ACRE, SIMULATED COMMERCIAL
OUTDOOR NURSERY TO RESEARCH PATHOGENS AND PESTS ON
ORNAMENTAL PLANT STOCK ON AN UNDEVELOPED, 18.73 -ACRE,
FORESTED HILLSIDE LOCATED AT THE EASTERN TERMINUS OF
MAGNOLIA AVENUE AT DEER PARK AVENUE (NATIONAL ORNAMENTAL
RESEARCH SITE — DOMINICAN UNIVERSITY CAMPUS AT DEER PARK OR
NORSDUC) (APN: 015-163-03)
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Councilmember Brockbank commented that, lest anyone get the impression there was no interest at all in this
project, having attended the neighborhood meeting some months ago he reported approximately six interested
neighbors in attendance. Noting the good staff work he believed there was nothing so controversial to cause any
great concern; therefore, he was not surprised no one attended the Planning Commission meeting -- his
residence is around the corner.
Councilmember Levine stated he did not attend the meeting; however, he toured the site several months ago and
enjoyed learning about the program, and he felt comfortable and confident with what Dominican University was
doing.
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
2) The title of the Ordinance was read:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT
TO THE ZONING MAP OF THE CITY OF SAN RAFAEL (ZC10-001) TO RECLASSIFY CERTAIN REAL
PROPERTY LOCATED AT THE EASTERN TERMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE
AND RESCINDING ORDINANCE NO. 1868 WHICH RECLASSIFIED DEVELOPED PROPERTIES WITHIN
THE DOMINICAN UNIVERSITY CAMPUS AS PART OF THE DOMINICAN COLLEGE CAMPUS
DEVELOPMENT PLAN, APPROVED IN 1998 AND INCORPORATING THOSE PRIOR APPROVED
REZONING ACTIONS AS PART OF THIS APPROVAL (National Ornamental Research Site — Dominican
University Campus at Deer Park or NORSDUC; APN: 015-163-03)
Councilmember Brockbank moved and Councilmember Levine seconded, to dispense with the reading of the
ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1884 to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
3) Councilmember Connolly moved and Councilmember Levine seconded, to adopt the resolution:
RESOLUTION NO. 13003 — RESOLUTION APPROVING USE PERMIT (UP10-004) FOR AN AMENDMENT
TO THE DOMINICAN UNIVERSITY MASTER USE PERMIT (UP97-045) TO
INCORPORATE THE NATIONAL ORNAMENTAL RESEARCH SITE AT
DOMINICAN UNIVERSITY CAMPUS/DEER PARK INTO THE DOMINICAN
UNIVERSITY CAMPUS AND APPROVING AN ENVIRONMENTAL AND
DESIGN REVIEW PERMIT (ED10-004) TO ALLOW THE CONSTRUCTION OF
A TEMPORARY (THREE YEARS), 0.85 -ACRE, SIMULATED COMMERCIAL
OUTDOOR NURSERY TO RESEARCH PATHOGENS AND PESTS ON
ORNAMENTAL PLANT STOCK ON AN UNDEVELOPED, 18.73 -ACRE,
FORESTED HILLSIDE LOCATED AT THE EASTERN TEMINUS OF
MAGNOLIA AVENUE AT DEER PARK AVENUE (APN: 015-163-03)
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
Mayor Boro introduced the new president of the Rotary Club of San Rafael, Diane Henderson.
16. CONSIDERATION OF ORDINANCE ESTABLISHING A TAX RATE FOR FISCAL YEAR 2010-2011 FOR
PARAMEDIC SERVICES FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF
SAN RAFAEL. CSA 19. CSA 13 AND MARINWOOD CSD AS PROVIDED FOR IN THE VOTER APPROVED
PARAMEDIC SERVICES SPECIAL TAX (FIN) — FILE 9-12-1 x 9-3-31
Mayor Boro declared the public hearing opened.
Finance Director Cindy Mosser reported that this ordinance would establish the paramedic tax rate for fiscal year
2010-2011 for the City of San Rafael, County Service Area 19, County Service Area 13 and Marinwood Community
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Services District. She explained that the paramedic program began in 1979 allowing the City Council to approve tax
rates based upon the cost of operating the paramedic program. In November, 2006, San Rafael voters passed
Measure `P' which established a ceiling of $85.00 for residential tax rates and $.11 per square foot for non-
residential units.
Indicating the measure was valid through June, 2011, Ms. Mosser noted that the three other jurisdictions also
adopted similar tax ceilings and time periods. She stated that for fiscal year 2010-2011, the cost of running the
program was approximately $5.7 million, and this amount was included in the budget being presented this evening.
Ms. Mosser reported that the Fire Department implemented some changes for the paramedic program in 2010-
2011, one of which related to third -party medical billing being done in-house. She explained this move would
provide the Fire Department improved turnaround time for billing, better customer service and the ability to
maximize the cost of recovery.
Ms. Mosser stated staff proposed raising the residential rate by $4 to the $85 ceiling for the City as well as the other
three jurisdictions. The residential sector comprises approximately 63.7% of the total paramedic resources. Staff
also proposed that non-residential units be increased to a rate of $0.11 per square foot -- commercial and industrial
customers comprise approximately 36.3%.
Ms. Mosser stated that she, Fire Chief Chris Gray, City Manager Ken Nordhoff and Accountant Helen Yu had met
with representatives from CSA 19, CSA 13 and Marinwood in April and provided figures for the maximum rate; they
met again on June 30, 2010 to discuss the rates..
There being no comment from the audience, Mayor Boro closed the public hearing.
The title of the ordinance was read:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX
RATE, COMMENCING WITH FISCAL YEAR 2010/2011, AT THE RATES ALLOWED IN ORDINANCE NO. 1846
FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL; AND FURTHER
CONFIRMING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2010-2011 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
($85.00 FOR RESIDENTIAL AND $.11 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTY)
Councilmember Brockbank moved and Councilmember Connolly seconded, to dispense with the reading of the
ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1885 to print by the following
vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
17. CONSIDERATION OF RESOLUTION AMENDING THE MASTER FEE SCHEDULE REGARDING RESIDENTIAL
BUILDING REPORT (RBR) FEES (FIN) — FILE 9-10-2 x 9-3-85
Mayor Boro declared the public hearing opened.
Cindy Mosser, Finance Director, reported that since the inception of the Master Fee Schedule in 1996 there had
been many updates, the latest being in January, 2009; however, since then the only revision had been for Animal
Control Services.
Indicating that this item was the consideration of the residential building report fees, Ms. Mosser explained that as a
cost-saving measure staff reduced contractual services by $40,000 so that Planning staff could assume some of the
inspections. As home re -sales were increasing and the building inspection workload was increasing, staff realized
consultant work was needed to continue to maintain a faster turnaround time. The increase under consideration
would allow the Planning Department to be in a position to hire a consultant. Ms. Mosser noted Exhibit A identified
that the current Inspection Fee of $96 for a single-family residence would increase to $165 and for Condominiums
increasing to $150 from the current $86. The current apartment rate of $96 for a first unit would increase to $165
plus $50 for each additional unit. It was hoped that the increases would raise sufficient revenues to pay for the
consultant.
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Mr. Brown pointed out that the average fee among Marin jurisdictions which did retail inspections was $180;
therefore, the City's proposed fee was still below the average. Additionally, he had made a presentation a few
weeks ago to the Marin Association of Realtors regarding the fee increase. He indicated that last week he was
contacted by Edward Segal, CEO, Marin Association of Realtors, who indicated their Board voted unanimously to
support the fee increase in exchange for improved turnaround time; however, the Board also questioned the utility of
resale inspections in general. Mr. Brown stated he proposed that he and Fire Chief Gray draft a letter to Marin
Association of Realtors. The basic notion was that the Board believed many homeowners already had resale
inspections carried out by private contractors, the purpose of which was for buyer protection; however, San Rafael's
significantly less expensive resale inspections were much more focused on safety aspects. Mr. Brown stated that
with the City Council's concurrence he and Fire Chief Gray would respond to the Board along those lines.
There being no comment from the audience, Mayor Boro closed the public hearing.
Councilmember Levine moved and Councilmember Brockbank seconded, to adopt the resolution:
RESOLUTION NO. 13004 — RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO REVISE
THE COMMUNITY DEVELOPMENT DEPARTMENT FEE FOR RESIDENTIAL
BUILDING REPORTS
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
OTHER AGENDA ITEMS:
18. CONSIDERATION OF RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY
OF SAN RAFAEL'S RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED — "THE
MARIN HEALTH AND WELLNESS CAMPUS: AN INNOVATIVE COMMITMENT TO HEALTH CARE" (CD) —
FILE 269 x 9-3-85
Indicating that the City of San Rafael's involvement in this Grand Jury Report was minimal, Mr. Brown explained that
the report for the most part was congratulatory in nature regarding the consolidation of health-related services
provided by Marin County at the Health and Wellness Campus. He noted the only findings and recommendations
related to the City included concerns about the effects of the Mi Pueblo market on local traffic safety and parking
and also the possible need for better way -finding signage to the facility. Staff responded that the City Traffic
Engineer was carefully monitoring Mi Pueblo traffic and this past week commissioned a new pedestrian crosswalk
that had been installed on Bellam Boulevard to gain access to the market, which should significantly improve
bicyclist and pedestrian safety.
Regarding signage, Mr. Brown stated this was entirely a County responsibility. They were not even regulated by
San Rafael's sign ordinance; therefore, any signage improvements would be the County facility operator's
responsibility.
Councilmember Levine requested staff to expand on why the County on their property did not have to follow any
laws of the neighboring parcels of land. Noting these parcels conform to a certain standard, he questioned why this
one piece of property did not have to.
Mr. Brown explained that "superior" levels of government did not have to comply with land use regulations of lesser
levels of government, therefore, the County of Marin and School Districts could exempt themselves from City zoning
regulations.
Mr. Nordhoff added that several years ago when the campus was being considered, staff met with their Marin
County counterparts and structured a Memorandum of Understanding that covered a number of issues related to
traffic, curb improvements, signalization, etc. He indicated they worked collaboratively to reach some agreement on
items the County did at San Rafael's request, despite not being obligated to do so.
Councilmember Levine inquired whether as part of negotiations they could be requested to comply with certain
aspects of the City's code, or in a certain way, even if they did not meet the code.
Mr. Brown confirmed that in this case it was a cooperative arrangement.
Councilmember Connolly moved and Councilmember Brockbank seconded, to adopt the resolution:
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RESOLUTION NO. 13005 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE
THE CITY OF SAN RAFAEL RESPONSE TO THE 2009-2010 MARIN COUNTY
GRAND JURY REPORT ENTITLED "THE MARIN HEALTH AND WELLNESS
CAMPUS; AN INNOVATIVE COMMITMENT TO HEALTH CARE"
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
19. 1) RESOLUTION ADOPTING AMENDMENTS TO THE CITY BUDGET FOR FISCAL YEAR 2009-2010 (FIND
2) RESOLUTION ADOPTING CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2010-2011
3) RESOLUTION ADOPTING CAPITAL IMPROVEMENT (CIP) PLAN
4) RESOLUTION ADOPTING REPORT FROM MEASURE `S' COMMITTEE
5) UPDATE ON ECONOMIC VITALITY PLAN
6) UPDATE ON RECESSION ACTION PLAN File 8-5 x 9-2-58 x 9-3-40
In presenting the City's budget for fiscal year 2010-2011 and amendments to the fiscal year budget for 2009-2010,
Ms. Mosser noted proposed budgets had been presented on June 7 and June 21, 2010 to obtain guidance from the
City Council. She confirmed that the budget presented under Exhibit I for fiscal year 2010-2011 identified some
changes for revenues from the June 21 report. She explained that staff updated Loch Lomond tax assessment with
a very minor increase to match this evening's staff report, representing revenues of $15,228. Also Falkirk Cultural
Center's rental income increased by $23,000 following their revenue enhancement plan. Regarding third -party
ambulance billing, Ms. Mosser reported a decrease of approximately $200,000, which included the Emergency
Medical Fund.
With regard to revenue projections, Ms. Mosser reported that the sales tax projection had slightly increased to $14.6
million and accounted for approximately 34% of all tax revenue. Measure 'S'— Transactions and Use Tax - was
projected to be $5.8 million. An assessment in the amount of $650,000 had been included for the Library
Assessment — Measure C - in its own fund. Total revenues noted on Page 2, Exhibit 1, demonstrated a figure of
$79.1 million.
Regarding expenditure assumptions noted on Pages 3 and 4 of the staff report, Ms. Mosser stated that
compensation changes were made according to current contracts. There were no increases except for the Fire
Association and Fire Chief Officers' Association. Furloughs were included in expenditure assumptions and Exhibit
VI contained a listing of all authorized positions. Ms. Mosser noted 71 % of the total budget related to salaries and
benefits. No percentage increase was included for Cost of Living expenditures -- levels were held from fiscal year
2007/2008 —and the only changes made were for contractual obligations. Vehicle replacement had been deferred
for another year; therefore all non -safety vehicles were not being funded.
Ms. Mosser estimated appropriations to be $75.5 million and, as reflected on Page 5 of the staff report, the General
Fund appropriations would be approximately $56.2 million with reserves of $1.4 million (2.6%, which was low
compared to the City's 10% goal).
Ms. Mosser stated that amendments were made to the City's budget for Fiscal Year 2009/2010, approved in
January, 2010 — Exhibits III and IV. With these changes, appropriations were $83.7 million and revenues $82.5
million for fiscal year 2009-2010.
Reporting that the Measure 'S" Committee reports were included as Exhibits X and XI, Ms. Mosser stated the
committee found that the Transactions and Use Tax revenues were being properly used to support the critical
services and General Fund for the annual budget for fiscal years 2009-2010 and 2010-2011; however, due to the
current economic situation, total General Fund revenues decreased; therefore, the committee wanted to note that
even with Measure `S' funding it was necessary to reduce some essential service levels.
Ms. Mosser reported that the Public Works Department had formulated a comprehensive five-year Capital
Improvement Project plan — listed on Exhibit VII. She explained this listing identified projects impacting all of San
Rafael's infrastructure, including roads, pedestrian & bicycle facilities, drainage system buildings, etc. totaling
approximately $50 million. The Exhibit identified estimated funding sources of $27 million, leaving a shortfall of $23
million.
Ms. Mosser noted that updates of the Recession Action Plan and the Economic Vitality Plan were included as
Exhibits VIII and IX
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Ms. Mosser thanked the departments that assisted in compiling the report, together with Van Bach, Accounting
Supervisor, Helen Yu and Carl Tregner, Accountants and Richard Landis, Administrative Manager, Public Works.
Councilmember Connolly noted that the Marin Energy Authority was the newest tenant at the San Rafael Corporate
Center.
Mayor Boro thanked Ms. Mosser and her staff for their great work. He noted many meetings had taken place on
budget adjustments and he expressed thanks to the Department Directors for working so well with Finance.
1) Councilmember Levine moved and Councilmember Brockbank seconded, to adopt the resolution:
RESOLUTION NO. 13006 — RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF SAN RAFAEL
BUDGET FOR FISCAL YEAR 2009-2010, TO BALANCE THE FISCAL YEAR
2009-2010 BUDGET
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
2) Councilmember Connolly moved and Councilmember Brockbank seconded, to adopt the resolution:
RESOLUTION NO. 13007 — RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR JULY 1,
2010 — JUNE 30, 2011 AND PROVIDING FOR THE APPROPRIATIONS AND
EXPENDITURES OF ALL SUMS SET FORTH IN SAID BUDGET IN THE
AMOUNT OF $75,450,198
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
3) Mayor Boro thanked the Public Works Department for compiling the report on the five-year Capital Improvement
Program, as there had not been one in a while.
Councilmember Brockbank moved and Councilmember Levine seconded, to adopt the resolution:
RESOLUTION NO. 13008 — RESOLUTION APPROVING A FIVE-YEAR CAPITAL IMPROVEMENT
PROJECT (CIP) PLAN FOR FISCAL YEARS JULY 1, 2010 TO JUNE 30, 2011
THROUGH JULY 1, 2014 TO JUNE 30, 2015
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
4) Councilmember Levine moved and Councilmember Connolly seconded, to adopt the resolution:
RESOLUTION NO. 13009— RESOLUTION ADOPTING THE MEASURE `S' COMMITTEE REPORT
COVERING THE PROPOSED FISCAL YEAR 2010-2011 GENERAL FUND
BUDGET
AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
5) Update on Economic Vitality Plan — no action necessary.
6) Update on Recession Action Plan — no action necessary.
CITY MANAGER'S REPORT:
20. Council Chambers Upqrade: 9-1
Mr. Nordhoff reported that Gus Bush, IT Manager, Jim Schutz, Assistant City Manager and he were generating a staff
report to be presented to the City Council in the next couple of months concerning audio/video improvements in the
Council Chambers. Funds and alternatives were being compiled for Council to consider.
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COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings
and Conferences Attended at City Expense)
21. Proposition 23: - File 9-1
Councilmember Levine distributed copy of a staff report from the Chief Legislative Analyst, Los Angeles, together with
draft resolutions opposing Proposition 23 which would suspend AB 32, and he requested that the issue be agendized
for future consideration by the San Rafael City Council.
Councilmember Brockbank concurred.
As there was City Council and City Manager consensus, City Attorney Robert Epstein confirmed that this item could
proceed at the next City Council meeting.
U.S. Conference of Mavors — Oklahoma Citv: - File 9-1
Reporting on his attendance at the U.S. Conference of Mayors held in Oklahoma City from June 11 — 15, 2010, Mayor
Boro indicated that the U.S. Conference of Mayors normally elects their president at the summer meeting; however,
Greg Nichols, Mayor of Seattle, who was elected president in June, 2009, was not re-elected as Mayor in November,
2009. Mayor Boro explained that former Mayor Nichols approximately six years ago introduced the concept of the
Climate Change Action Plan to which over 1,000 cities nationally had now signed on.
As Mr. Nichols left in December, 2009, Mayor Boro reported that Elizabeth Kautz, Mayor of Burnsville, MN, was
elected to an 18 -month term. He provided each of the Councilmembers with a Metro Agenda for America that she
and her staff had presented. He noted it addressed the importance of jobs, climate protection and energy block
grants, sustainable transportation investments, homeland security, etc.
Indicating that the conference was addressed by several members of the Cabinet, including some Senators, Mayor
Boro reported that Senator Sherwood Brown, Ohio, introduced a local job bill containing $75 billion in assistance to
get people back to work - H.R. 4812 was associated. The intent was to create one million jobs.
Commenting on the success of Community Development Block Grants, Mayor Boro believed one of the reasons for
this success was that the money came directly to agencies enabling them to move forward. The initial plan proposed
for energy included money for cities; however, the White House did not include money for this in their particular
recommendation to Congress and the Bill going through the Senate currently from Liberman and Carey did not
provide for an energy plan that would have funds come directly to cities. Mayor Boro reported that the U.S. Congress
was making a full -court press on the issue, championed by Senator Mark Begich, Alaska, and Speaker Pelosi was
also committed.
Reporting that he sits on the Criminal and Social Justice Committee, Mayor Boro stated that Bernard Melekian (known
to San Rafael Fire Chief Gray and former San Rafael Chief of Police Cronin), U.S. Department of Justice and head of
the COPS (Community Oriented Policing Services) program, addressed this group. The federal government was
currently working on renewing money for COPS programs.
Mayor Boro reported that the issue of the new law in Arizona regarding immigration was the subject of much
discussion and the Conference passed a resolution urging Congress and the President to pass comprehensive
immigration reform. He believed it was necessary for the national leadership to assume a role and implement a
program to deal with immigration.
Noting Sam Beard founded the Jefferson Awards honoring volunteers nationwide, Mayor Boro stated that a Jefferson
Awards program was being generated to encourage high school students to become involved in community service.
Its theme was to develop the next generation of volunteers by exposing young people to volunteer work. Mayor Boro
indicated he would speak with the Superintendent of Schools for San Rafael to ascertain whether something could be
worked out.
Having attended an interesting discussion with the current and three former mayors of Oklahoma City, Mayor Boro
reported that they reviewed a series of accomplishments they achieved in their community. A series of three sales
tax measures was passed each with a specific goal:
To redo their convention center — a seven-year tax raised $1 million annually;
To commence work on the redevelopment of downtown; and
Develop a stadium — they anticipate having an NBA team.
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They were currently in the process of passing their fourth measure which would bring light rail to Oklahoma City.
Mayor Boro stated that the downtown was made up of hotels and office buildings — no shops or housing — and they
were beginning to evaluate these issues also. He found it interesting to hear how over almost thirty-five years,
successive mayors had been able to complete this vision and keep it going forward, which was a tribute to these
mayors and those with whom they served on their City Councils. Mayor Boro stated it was a good example of long-
term planning and how they reached some great success.
Mayor Boro reported having had the opportunity of attending the memorial for the Federal Building which was bombed
and hearing from a survivor and a victim's sister.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:00 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF , 2010
MAYOR OF THE CITY OF SAN RAFAEL
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