HomeMy WebLinkAboutCC Minutes 2010-07-19SRCC Minutes (Regular) 07/19/2010 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 19, 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
None
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM
None
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
Present: Albert J. Boro, Mayor
Damon Connolly, Vice -Mayor
Greg Brockbank, Councilmember
Barbara Heller, Councilmember
Marc Levine, Councilmember
Absent: None
8:09 PM
Cease -Fire: - File 9-1
Rachel Bell, Colleen Fernald, Mary Morrison and John Jenkel addressed the issue of a cease-fire in unconstitutional wars.
Councilmember Levine moved and Councilmember Brockbank 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:
Approval of Minutes of Regular City Council Meetings of June
21 and July 6, 2010 (CC)
2. Appointments to the Civic Center Station Area Plan Advisory
Committee (CD) — File 9-2-63 x 245
3. Second Reading and Final Adoption of Ordinance No. 1884 —
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
RECOMMENDED ACTION:
APPROVAL OF THE FOLLOWING
ACTION:
Minutes approved as submitted.
Approved staff recommendation.
Approved final adoption of Ordinance
No. 1884.
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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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) (CD) —File 102-10-7
4. Monthly Investment Report for Month Ending June, 2010 (Fin) Accepted Monthly Investment Report for
— File 8-18 x 8-9 month ending June, 2010, as presented.
5. Second Readinq and Final Adoption of Ordinance No. 1885 — Approved final adoption of Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF No. 1885.
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) (Fin)
— File 9-12-1 x 9-3-31
6. Resolution Establishing the Special Library Parcel Tax RESOLUTION NO. 13010
Committee (Lib) — File 9-2-62 RESOLUTION ESTABLISHING THE
SPECIAL LIBRARY PARCEL TAX
COMMITTEE
7. Adopt Plans and Specifications for Construction of Approved staff recommendation.
Approximately 320 feet of Retaining Wall on Fair Drive and 87
feet of Retaining Wall at 60 Hillside, and Authorization for the
City Clerk to Call for Bids (PW) — File 4-1-620 x 4-1-621
8. Resolutions Authorizing Execution of the Right -of -Way
a) RESOLUTION NO. 13011
Contract with Charles Haginicols, Amalia Haginicols and Leo
RESOLUTION AUTHORIZING
Haginicols for Purchase of a Portion of Property Located at
EXECUTION OF THE RIGHT-OF-WAY
151 Bellam Boulevard, and with Navinchandra Patel and
CONTRACT WITH CHARLES
Damayanti Patel for Purchase of a Portion of the Property
HAGINCOLIS, AMALIA HAGINCOLIS
Located at 865 Francisco Boulevard East for Right -of -Way
AND LEO HAGINCOLIS, FOR THE
Purposes in Connection with the Sidewalk Improvements on
PURCHASE OF A PORTION OF
Bellam Boulevard and Francisco Boulevard East as part of I-
PROPERTY LOCATED AT 151
580/Highway 101 Connector Project, and Authorizing
BELLAM BOULEVARD FOR RIGHT OF
Acceptance of the Easement Deeds for Such properties (PW)
WAY PURPOSES IN CONNECTION
— File 2-2.1
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
b) RESOLUTION NO. 13012
RESOLUTION AUTHORIZING
EXECUTION OF THE RIGHT-OF-WAY
CONTRACT WITH NAVINCHANDRA
AND DAMAYANTI PATEL FOR THE
PURCHASE OF A PORTION OF
PROPERTY LOCATED AT 865
FRANCISCO BOULEVARD EAST FOR
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9. Resolution Authorizing Temporary Closure of Downtown City
Street to Accommodate the Great American Blues &
Barbeque Festival Event on Saturday, September 11, 2010
(RA) — File 11-19
RIGHT-OF-WAY PURPOSES IN
CONNECTION WITH THE SIDEWALK
IMPROVEMENTS ON BELLAM
BOULEVARD AND FRANCISCO
BOULEVARD EAST AS PART OF THE
1-580/HIGHWAY 101 CONNECTOR
PROJECT, AND AUTHORIZING
ACCEPTANCE OF THE EASEMENT
DEED FOR SUCH PROPERTY
RESOLUTION NO. 13013
RESOLUTION AUTHORIZING THE
TEMPORARY CLOSURE OF CITY
STREETS FOR THE 5T" ANNUAL GREAT
AMERICAN BLUES & BBQ FESTIVAL ON
SATURDAY, SEPTEMBER 11, 2010
FROM 6:30AM TO 9:OOPM
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Heller from 07/06/2010 minutes, due to absence from meeting.
With respect to the Civic Center Station Area Plan Advisory Committee, Mayor Boro noted for the record that he
had invited Vice -Mayor Connolly to represent the City Council as the City's primary ex -officio member and
Councilmember Brockbank to be his alternate ex -officio member.
Regarding Agenda Item #6 — Special Library Parcel Tax Committee — Mayor Boro reported that he had invited
Councilmember Heller and Councilmember Levine to work with Library Director David Dodd to review applications
and bring a recommendation to the City Council.
PUBLIC HEARINGS:
10. RE: MELLO ROOS DISTRICT PROCEEDINGS FOR COMMUNITY FACILITIES DISTRICT #2 (LOCH
LOMOND MARINA DEVELOPMENT, 110 LOCH LOMOND DRIVE): (CA/PW) — FILE 6-55
a) CONSIDERATION OF COMMUNITY FACILITIES REPORT FOR THE CITY OF SAN RAFAEL
COMMUNITY FACILITIES DISTRICT NO. 2 AND RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
FOR FORMATION OF THE CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2,
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT, PRELIMINARILY
ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE DISTRICT AND SUBMITTING LEVY OF THE
SPECIAL TAX AND THE ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFIED
ELECTORS OF THE DISTRICT (CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2)
b) RESOLUTION OF THE SAN RAFAEL CITY COUNCIL CALLING A SPECIAL ELECTION FOR THE LEVY
OF A SPECIAL TAX AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT FOR CITY OF SAN
RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2 (CITY OF SAN RAFAEL COMMUNITY FACILITIES
DISTRICT NO. 2)
City Manager Ken Nordhoff announced that Deputy City Attorney II Lisa Goldfien would provide the staff
presentation and Public Works Director Parviz Mokhtari could answer specific questions regarding the
assessments.
Ms. Goldfien stated that in 2007, the City Council approved the Village at Loch Lomond Marina Development and
as a condition of that approval imposed a requirement on the developer to establish a Mello -Roos Community
Facilities District (CFD), the purpose of which was to raise funds for ongoing maintenance of certain facilities
within the development accessible to the public, including parking area, restrooms, levee and jetty improvements
and roadway and landscaping areas.
Ms. Goldfien explained that at the City Council meeting of June 7, 2010, the process of establishing the District
began by adopting a Resolution of Intention, which proposed boundaries for the District, proposed a tax rate and
method of apportionment of the tax within the District and set a public hearing for this evening on formation of the
District. Ms. Goldfien reported that this evening's hearing was for the purpose of receiving the public's objections
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and comments about the District and to determine whether there was a majority protest to the formation of the
District. The majority protest would be by more than 50% of the landowners — in this case the developer - and at
this time no protest had been received. Assuming there was no majority protest by the end of the public hearing,
the City Council could proceed to adopt the Resolution of Formation approving the boundaries of the District, the
rate and method of assessment and the first step of the imposition of a special tax. It would also set the services
that would be approved for the District.
Ms. Goldfien explained that the Resolution of Formation leads to a second step — a resolution calling a special
election. The imposition of the tax would require approval by a two-thirds majority of the qualified voters in the
District and the only qualified voter in this case, because of Mello -Roos law, was the developer. However, a
ballot election would be conducted and the terms of the resolution require the ballots to be returned by the end of
business on August 2, 2010; therefore, the matter would be agenized again on August 2 for Council consideration
of the Canvass of Vote of the election. Should the vote be affirmative, the matter would proceed to first reading
of an ordinance imposing the tax on the District. Ms. Goldfien indicated that the attachments to the staff report
included a report submitted by the Public Works Director which briefly outlined the services to be provided by the
District, facilities to be maintained, how the tax would be apportioned, together with the actual amount of the tax
in different areas of the development. The following attachments were included:
Attachment 2 — Resolution of Formation;
Attachment 3 — Resolution Calling a Special Election; and
Attachment 4 - Resolution of Intention — adopted by the City Council on June 7, 2010.
Indicating this was the procedural aspect of this evening's hearing, Ms. Goldfien stated that to the extent the City
Council had questions concerning details on maintenance, etc., the Public Works Director or applicant's
representatives could respond.
Mayor Boro declared the public hearing opened.
Roger Roberts, Marin Conservation League (MCL), stated MCL supported the establishment of a Mello -Roos
District for the Loch Lomond Development from its inception and still did; however, he was unclear about what
would happen should the electors — Oak Tree Capital Management — choose not to vote in favor. He questioned
whether the matter would be tabled or whether the City Council had any other recourse to proceed.
Mr. Roberts stated it was obviously contemplated at the time that the development would proceed and that there
would be houses in the area with residents who would be contributing to maintain the facilities listed on Page 3 of
the CFD report. He indicated MCL was concerned that should the developer not elect to vote in favor of the
Mello -Roos District, nothing would be done to maintain the facilities, protect the wetlands, refurbish the levee, etc.
Should the vote be affirmative he assumed the District would be formed, a fee would be charged and if unpaid,
could result in a tax lien on the property.
Sarah Jensen stated that for at least a year a segment of the walkway had been undermined. Blocked off at first,
an orange mesh fence now interfered with the view of the water. Ms. Jensen indicated she understood Mello -
Roos mandated taking care of maintenance of the path on the breakwater and along the shoreline; however, it
did not cover the underlying breakwater. She questioned whether in the future there could be a situation where
public access was diminished because the underlying structure was not taken care of.
There being no further comment from the audience, Mayor Boro closed the public hearing.
In response to Mr. Roberts' inquiries, Paul Jensen, Planning Manager, explained that a Mello -Roos District was
mandated by a condition of approval for this project, which was part of a public process, and in fact Mello -Roos
was widely discussed throughout the process. Should the developer not wish to proceed with voting or support
the Mello -Roos District he would need to go back through the planning process, amend the conditions of approval
and find an alternative way to maintain these areas. As discussed in the past, they would either be publicly
maintained or through an owners' association; however, it had been decided during a public process and agreed
to by the developer that the Mello -Roos District was the best approach.
Mr. Jensen explained that the conditions of approval were set up in such a way that the structural integrity of the
breakwater which separates the marina from the Bay is the responsibility of the marina owner. The only part of
the Mello -Roos District that covers the breakwater is the surface area path; therefore, if in the future a problem
arose with the understructure, it would be the responsibility of the marina owner.
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On the question of the walkway being undermined, Councilmember Heller noted a sign was in place granting
BCDC's (Bay Conservation and Development Commission) permission for improvements; however, the marina
had not moved forward to make the area safe. She noted it was slowly being eaten away on the inside at the end
of the path.
Parviz Mokhtari, Public Works Director, stated it was his understanding that permits were being sought to repair
the area; however, before building the path etc., the area would need to be secured and the erosion issue dealt
with. As to the future, Mr. Mokhtari explained that the path was Mello -Roos' responsibility whether or not it was
undermined and the assessment included a lot of safeguards in the event of such failures. The under portion
being marina, should it be undermined and the path failed, the marina owner would be responsible for building
underneath the path with Mello -Roos paying for the reconstruction of the path.
Mr. Nordhoff confirmed that were the breakwater to be undermined it remained the marina owner's responsibility;
however, the Mello -Roos District would pay for the topping.
Councilmember Heller moved and Councilmember Levine seconded, to adopt the resolution
a) RESOLUTION NO. 13014 — RESOLUTION FOR FORMATION OF THE CITY OF SAN RAFAEL
COMMUNITY FACILITIES DISTRICT NO. 2, AUTHORIZING THE LEVY OF A
SPECIAL TAX WITHIN THE DISTRICT; PRELIMINARILY ESTABLISHING
AN APPROPRIATIONS LIMIT FOR THE DISTRICT, AND SUBMITTING
LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE
APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS OF THE
DISTRICT (City of San Rafael Community Facilities District No. 2)
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Connolly moved and Councilmember Heller seconded, to adopt the resolution:
b) RESOLUTION NO. 13015 — RESOLUTION CALLING A SPECIAL ELECTION FOR THE LEVY OF A
SPECIAL TAX AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT
FOR CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2 (City
of San Rafael Community Facilities District No. 2)
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: RESOLUTION CONFIRMING DIAGRAM
AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2010-2011 - BAY POINT LAGOONS
LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscapinq and Liqhtinq Act of 1972) —
FILE 6-48
Mr. Mokhtari stated that this Assessment District was for the installation of a pump station at the levee. Currently,
the homeowners' association was paying for the maintenance of lagoon vegetation and accruing assessment
funds for the installation of the pump station in the future. He reported that the City Council adopted the
Resolution of Intention to levy the assessment on July 6, 2010 and this evening's resolution was to confirm the
diagram and assessment and levy the assessment for Fiscal Year 2010-2011
Mayor Boro declared the public hearing opened and there being no comment from the audience closed the public
hearing.
Councilmember Brockbank moved and Councilmember Levine seconded, to adopt the resolution:
RESOLUTION NO. 13016 — RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING
ASSESSMENT FOR FISCAL YEAR 2010-2011 - BAYPOINT LAGOONS
LANDSCAPING AND LIGHTING DISTRICT
(Pursuant to the Landscaping and Lighting Act of 1972)
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AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
OTHER AGENDA ITEMS:
12. a) ADOPTION OF RESOLUTION: (FD/CA) — FILE 9-4
1) CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2.2010:
AND
2) ORDERING THE SUBMISSION OF A PROPOSITION OF INCREASING THE CITY'S PARAMEDIC
SERVICE SPECIAL TAX RATE AND APPROPRIATIONS LIMIT TO THE QUALIFIED VOTERS OF
THE CITY OF SAN RAFAEL AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 2, 2010. AND
3) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME
DATE; AND
4) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK. AND
5) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE
Mr. Nordhoff announced that Fire Chief Christopher Gray would discuss the staff report recommendations,
provide some history on the Paramedic program to date and plans for the future. The City Council has also
received a Paramedic Tax Voter Survey Topline Report which would be discussed by Brian Godbe, Godbe
Research.
Fire Chief Gray reported that this was a Paramedic Service Special Tax. Paramedic services provided for the
past thirty years had grown significantly as changes in a number of social and healthcare issues had faced San
Rafael and the greater area served. Noting calls had increased dramatically over the years, he stated that in
1979 there were six paramedics, rising to the current 40 delivering service daily. Approximately eighteen
paramedics were funded fulltime by the special tax initially established in 1979 and since the last tax increase
was approved in 2006, several enhancements had been made to improve service, reduce response times and
become more efficient and effective while dealing with an increased demand for service.
While challenging, Chief Gray stated firefighters had met the challenge head-on by reconfiguring how service was
provided on a daily basis, increasing staffing by putting paramedics on engine companies and providing them
with advanced life support care and equipment, which had worked very effectively. The method for providing
dispatch was changed by contracting with Marin County and participating in a regional dispatch, which had
enhanced service and reduced overall costs, all of which had been towards moving to a more efficient system
where seconds counted. Chief Gray explained that in the majority of cases calls related to people unconscious,
had fallen, difficulty breathing and those with chest pains. These were the top four calls responded to by
paramedics -- over 5,000 annually.
Chief Gray reported that the significant opportunity that presented itself for the future was how to continue to
reduce response times. He explained that two years ago the response time on a Code 3 response had a
paramedic on the scene 70% of the time within ten minutes, which was a national standard. Indicating this should
be 100% in ten minutes he reported that the overall response time had been reduced to managing calls 88% of
the time in ten minutes. Noting one of the challenging areas was in the Northern San Rafael area, Chief Gray
stated there had been a long-standing agreement with Marinwood, dating back over 30 years, and presently a
well -studied opportunity existed to improve service. The proposed ballot measure also presented an opportunity
to increase daily staffing for firefighter/paramedics from the current six per twenty-four hour shift to seven, thus
ensuring a reduction in response times by several minutes in some cases.
Chief Gray reported that San Rafael was working concurrently with Marinwood and Marin County on the
proposed measure. The tax rate would increase by a recommended $23 over the next four years to continue to
fund the majority of paramedic services. Reporting growth at a rate the tax and limits of the law had not been
able to keep up with, Chief Gray believed the community receives an outstanding level of service which he hoped
could be continued without interruption.
Mr. Nordhoff stated staff was mindful of making the community aware of what had been accomplished and what
was planned, and to this end had been meeting with neighborhood groups. He and Chief Gray would meet with
the Government Affairs Committee of the San Rafael Chamber of Commerce, as well as other organizations, to
inform them of a possible ballot measure in November, 2010. Education and information would be provided to
the public, being mindful however, in an election season of doing this and nothing more.
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Councilmember Brockbank inquired whether a history of yearly increases was available, whether there was a
way to predict what the increases would be in the next two or three years and whether they were in line with past
increases.
Mr. Nordhoff stated that the staffing addition referred to by Chief Gray might cause a bump in the first year, i.e.,
going from six paramedics to seven, there could be a larger than expected increase. Traditionally, if it were just a
course of business type issue, it would be in the order of a $2, $3 or $4 per year increase. Both the authority
increases and the levies had been provided to County representatives and Marinwood, as those entities would
have to take similar action for a similar measure in November, 2010. This year the increase was from $81 - $85
spread across approximately 27,000 living units in the areas served by the paramedic program.
Councilmember Brockbank stated he believed the measure would rise or fall depending on whether or not there
would be opposition from MUTA (Marin United Taxpayers Association). He commented that MUTA used to
regularly oppose all taxes, although less so in recent years; therefore, he suggested proactively meeting with
MUTA to try to diffuse any opposition they might have.
Mr. Nordhoff clarified that he did not intentionally single out any groups; however, he and Chief Gray would be
happy to meet with anyone wishing to meet with them to try to lay out what was being proposed, etc. While this
would not necessarily prevent someone from filing notice of due process there also was the ability to file
opposition statements on a campaign for whatever reason.
Brian Godbe, Godbe Research, stated that this Topline Report was a first look at the data collected and
explained:
Survey Methodology — 400 people were surveyed, 300 of whom resided in the City of San Rafael and 100 in the
three service unincorporated areas with an error rate of plus or minus 5.6% for the City, and 9.7% for Marinwood
Community Services District and County Service Areas #13 and #19 combined.
Referring to Page 2 of the report, Mr. Godbe explained that a first unaided ballot test is conducted which affords
voters the opportunity to react to 75 words, similar to the ballot handbook. The wording used in the four different
versions mirrored exactly what was on the ballot in 2006. He reported that San Rafael achieved a 60% favorable
response, with 68% for the special districts combined, for a $23 increase, compared to 68% in San Rafael in
2006 — no tracking survey was carried out of the special districts in late July, 2006.
Tax Rate Analysis — Mr. Godbe reported that it was customary to start high and work low and because of a
context bias, another item is added in the parcel tax; therefore, with $23 in the ballot question, $28 was inserted
to begin with. At $23, 66% in favor in San Rafael and 73% in the special districts, and with an error rate of 6% in
San Rafael this could result in 60%. The $18 level with an error rate of 6% could be as low as 64%. In the
special districts, unincorporated areas tended to have a little higher tax tolerance - $23 = 73% / 63% with a 10%
error rate. $18 = 75% / 65% with the same error rate.
Mr. Godbe stated that a campaign similar to that waged in 2009 was important to note when compared to the
2006 campaign; therefore, pushing the envelope meant staying at $23. Should there be no campaign other than
a ballot argument he favored the $18 amount and with a campaign effort similar to that in 2006, he favored the
$23 figure.
Referring to the chart on page 4 — item 3 — Features of the measure - Mr. Godbe explained the Mean Score and
believed that as a result of questions 3C and 3D the ballot question was right on target. He believed questions
3D — Providing required training for paramedics and 3F — Meet increasing demand for adding three additional
paramedics - should be covered in the ballot argument. In short Mr. Godbe believed the ballot wording was on
track, although more work needed to be done and information from the survey could be used to this effect.
With regard to question 4 — Mr. Godbe reported that all scores were above 1.2 — all ten items were at least 65%
in favor of the measure.
Referring to question 5 — page 6, subsequent to hearing how the money would be spent and arguments in favor,
the rate rose to 70% in San Rafael and 75% in the special districts. With error rates the cushion was not large;
however, it was going in the right direction. Should the campaign proceed as it did in 2006, this was a good
indication of the result.
Question 6 — page 7 — Negatives — Mr. Godbe reported all scores were at least 32% Somewhat More Likely —
potentially at the two-thirds or above level; therefore, in isolation they could defeat the measure. Most impactful
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against the measure was 6D — tax would be used to support a costly pension program for City employees —
which was at least 48% Somewhat More Likely to oppose the measure based on this one feature. Question 6E
resulted in .7 or 39% at least Somewhat More Likely. The other questions were at lower levels; however, still
influential.
Question 7 — page 8 —Favorable rate of 70% in San Rafael and 75% in the special districts — no cushion with
error rates; however, the result was a 10 point increase on the initial test. Assuming a moderate balance between
the positives and negatives the position was good; albeit not quite as good as in the tracking survey in 2006
which was 74% yes. Mr. Godbe noted the figures in 2006 went from 74% in that final tracking survey to 78%
after the independent campaign. The caveat was that there had to be the same kind of campaign effort as in
2006, otherwise thought should be given to decreasing the amount.
Responding to Councilmember Connolly's question on whether the numbers were high, Mr. Godbe explained that
this was typical for 100 interviews, noting the 6% for the City was typical for a tracking survey. He believed the
City and three service areas should work together on a similar effort to four years ago, Mr. Godbe stated that if
this did not take place there would be no margin of error which was the reason for his suggestion of $18. Based
on the tracking survey in 2006 with a similar error rate, the numbers went from 74% to 78% because of the
campaign. Repeating that campaign in 2010 would result in going from 70% to 74% in San Rafael, and with a
6% error rate, 68% would still win. He believed the fundamental issue related to whether there would be an
independent campaign.
Mayor Boro stated that Mr. Nordhoff and Chief Gray addressed the San Rafael Fire Commission last week and
he noted Fire Commissioner Pete Martin was very anxious to get started and had preliminarily scheduled
meetings and he believed coordination with the two districts was necessary. He commented that Pete Martin had
been a real champion and noted there was a good core group from the past election. Mayor Boro and Vice -
Mayor Connolly would serve on the campaign committee representing the City Council.
Noting 57% Democrats and 21 % Republicans were surveyed, Councilmember Brockbank inquired whether these
figures were weighted.
Mr. Godbe indicated that Godbe weights them together. In this case two samples were running — 300 for the City
of San Rafael and then the unincorporated three areas, which changed the usual numbers for a likely November,
2010 turnout. He noted this was also a likely voter turnout, which was different than the voters as a whole. The
300 was reflective of San Rafael and the 100 was reflective demographically of the three service areas and they
were separately weighted in both cases.
Councilmember Brockbank noted that with Measure G in November, 2009, Democrats were approximately 75%
likely to vote Yes on that tax and presumably this one, and Republicans were approximately 50% likely to vote on
that tax and presumably most others. Therefore, it was important to weight the number of Democrats and
Republicans and adjust the polling figures for the actual percentages of Democrats and Republicans voting in this
election.
Mr. Godbe stated that this had been done with respect to the two separate parts: Marinwood Community
Services District, CSA #13 and CSA #19; and the City of San Rafael. The numbers quoted were reflective of that
weighted information. He believed there would likely be a higher Democratic voter turnout this year than there
was with Measure G, and with interest on the Republican side, the election would be fairly well contested.
Mr. Godbe stated that public safety was always of importance to Republicans which was an advantage. If the
numbers were broken down into more detail, public safety items ranked almost as high, if not as high, for
Republicans — particularly older Republicans — as they did for Democrats. Mr. Godbe confirmed that Republicans
were more likely to vote for a service tax rather than a facilities tax such as Measure G.
Councilmember Brockbank inquired whether comparable numbers of people and money had been pledged to
conduct a campaign similar to Measure C.
Chief Gray stated there was a comparable number of people; albeit, he could not attest to a comparable amount
of money ready to be pledged; however, the measure was very persuasive and he had no doubt the funds
necessary to be successful would be raised.
Mayor Boro believed that this particular service was one people valued, understood and saw some self -potential
benefit. While no one wanted to ride in an ambulance, should the need arise, they would want one there and in a
timely manner.
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Councilmember Connolly moved and Councilmember Heller seconded, to adopt the resolution:
RESOLUTION NO. 13017 — 1) CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY
NOVEMBER 2, 2010; AND
2) ORDERING THE SUBMISSION OF A PROPOSITION OF INCREASING THE
CITY'S PARAMEDIC SERVICE SPECIAL TAX RATE AND APPROPRIATIONS
LIMIT TO THE QUALIFIED VOTERS OF THE CITY OF SAN RAFAEL AT THE
SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2,2010; AND
3) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED
ON THE SAME DATE; AND
4) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; AND
5) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS
OF THE MEASURE
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
13. Pacific Gas & Electric Smart Meters: - File 9-3-11 x 9-7-3
City Manager Ken Nordhoff stated staff was scheduling a meeting with PG&E representatives to hear more
specifically about the program and to be in a position to answer questions.
Regarding a proposed moratorium, Deputy City Attorney II Lisa Goldfien explained her information to date was that
San Rafael did not have any authority to regulate this type of matter; therefore, she did not see the applicability of a
moratorium in this instance. The Public Utilities Commission (PUC) would approve the meter change, should there
be one. Some cities were petitioning the PUC to delay approval of any change and she believed this to be an
appropriate process to participate in.
Mr. Nordhoff stated he would report back to the City Council subsequent to meeting with PG&E to explain the
specifics of the program.
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on
Meetings and Conferences Attended at City Expense)
14. Bikes Belonq Foundation: - File 9-1
Councilmember Connolly reported that he was invited to participate in a trip, sponsored by the Bikes Belong
Foundation, to attend a one-week transportation study tour of urban bicycling best practices in the Netherlands
from August 28 - September 4, 2010. This would include a delegation of leaders from San Francisco, Marin,
Boston, Seattle and other municipalities.
Sustainable Practices Certificate: - File 9-1
Councilmember Brockbank stated he had been invited to participate in Dominican University's Sustainable
Practices Program. He reported that this extensive, heavy academic program would commence in late August,
running through December, 2010.
PACE (Property Assessed Clean Enerqv) Proqram: 9-1
Councilmember Brockbank distributed a sample resolution in support of the PACE program, a program he believed
was very important in meeting Greenhouse Gas Reduction Emission requirements, and requested that
consideration be given to agendizing the issue at a future City Council meeting.
Subsequent to some staff work being undertaken, Mayor Boro stated he would be interested in hearing how
Senators Boxer and Feinstein and Congresswoman Woolsey felt about the issue.
Coincidentally meeting with the Marin County Administrator and Novato City Manager today, Mr. Nordhoff reported
that they had seen a number of presentations on a variety of PACE program providers and intended to begin
framing some of the pros and cons of the various providers, while recognizing the legal issue in limbo that could
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slow down or diminish the ability to proceed. Nevertheless, they wanted to generate, what they today defined as an
all -in program, ensuring all communities in Marin could participate, and he hoped to have something to share with
the City Council in the next couple of months.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:16 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2010
MAYOR OF THE CITY OF SAN RAFAEL
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