HomeMy WebLinkAboutCC Minutes 2010-08-02SRCC Minutes (Regular) 08/02/2010 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 2, 2010 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Jim Schutz, Assistant 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 items.
Present: Albert J. Boro, Mayor
Damon Connolly, Vice -Mayor
Greg Brockbank, Councilmember
Barbara Heller, Councilmember
Marc Levine, Councilmember
Absent: None
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM
1) a) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: Mary Gomes v. Citv of San Rafael
Marin County Superior Court Case #CIV085977
City Attorney Robert Epstein reported that the City Council voted 4:0
(Councilmember Brockbank abstaining) to approve a settlement that had
been placed on the Court record last week.
b) Conference with Labor Negotiators— Government Code Section 54957.6(a)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Robert Epstein
Employee Organization:
Western Council of Engineers
City Attorney Robert Epstein announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:11 PM
Plastics and Waste Reduction: - File 9-1
Stuart Moodv stated that the plastics plague has resulted in awareness of litter, wildlife impacts, waste and
toxicity, and in the past the focus has been on evaluating single -use plastic bans, one of three steps to end the
plague of plastics — Product Stewardship and Green Chemistry being the other two. He suggested that Mayor
Boro, on behalf of the City Council, submit a letter in support of AB 1998 — Plastic Bag Ban. He also suggested
scheduling a study session regarding the various types of plastic pollution that could be controlled in San Rafael
and, if properly done, he believed there could be a lot of support for single -use plastic bans in the near future. He
indicated that Sustainable San Rafael and Green Sangha were ready to contribute to that effort.
There was Council consensus in support of Mayor Boro's writing a letter supporting AB 1998.
Given the fact that the issues of plastics reduction generally were so prominent in the Climate Change Action
Plan, Councilmember Brockbank suggested scheduling a study session, aside from the plastic bag ban issue, in
the next few months.
Mayor Boro requested that Assistant City Manager Jim Schutz relay this request to City Manager Nordhoff to set
up as time permitted.
Councilmember Connolly moved and Councilmember Brockbank seconded, to approve the Consent Calendar as
follows:
SRCC Minutes (Regular) 08/02/2010
CONSENT CALENDAR:
2. Approval of Minutes of Special City Council
Meeting of June 2 and Regular City Council
Meeting of July 19, 2010 (CC)
3. City Attorney's Impartial Analysis of the City of
San Rafael Paramedic Service Special Tax
Rate Increase and Appropriations Limit
Increase Measure on the November 2, 2010
Ballot (CA) — File 9-4
4. Resolution Declaring Results of Special
Election and Directing Recording of Notice of
Special Tax Lien (City of San Rafael
Community Facilities District No. 2) (CA) —
File 6-55 x 9-4
5. Appointment of John Robertson as Alternate
member of the San Rafael Design Review
Board — Unexpired Term to Expire End of
June, 2011 (CC) — File 9-2-39
7
N
Resolution Authorizing the City Manager to
Sign a Professional Services Agreement with
Community Design + Architecture for
Preparation of the Downtown Station Area Plan
(P10-002) (CD) — File 4-3-510 x 170.1
Resolution Authorizing the City Manager to
Sign a Professional Services Agreement with
Fehr & Peers for Preparation of the Civic
Center Station Area Plan (P10-002) (CD) —File
4-3-511 x 170.1
Resolution Authorizing the Temporary Closure
of Mission Avenue Between C Street and E
Street for the 2010 San Rafael Food and Wine
Festival (CS) — File 11-19
Resolution Approving Entering into a Contract
(CSPP-0290) with the Department of
Education for State Preschool Services and
Authorizing the City Manager to Sign Contract
Documents in the Amount of $179,275 (CS) —
File 4-10-238 x 9-3-65
SRCC Minutes (Regular) 08/02/2010 Page 2
RECOMMENDED ACTION:
Minutes approved as submitted.
Accepted report.
RESOLUTION NO. 13018
RESOLUTION DECLARING RESULTS OF SPECIAL
ELECTION AND DIRECTING RECORDING OF
NOTICE OF SPECIAL TAX LIEN
(City of San Rafael Community Facilities District No.
2)
Approved staff recommendation.
RESOLUTION NO. 13019
RESOLUTION AUTHORIZING THE CITY
MANAGER TO SIGN A PROFESSIONAL
SERVICES AGREEMENT WITH COMMUNITY
DESIGN + ARCHITECTURE FOR PREPARATION
OF THE DOWNTOWN SAN RAFAEL STATION
AREA PLAN (P10-002)
(TERM OF AGREEMENT FROM AUGUST 2, 2010
AND ENDING ON FEBRUARY 29, 2012 — MAY BE
CONTINUED AN ADDITIONAL PERIOD OF THREE
MONTHS WITH APPROVAL OF CITY MANAGER,
IN AN AMOUNT NOT TO EXCEED $400,000)
RESOLUTION NO. 13020
RESOLUTION AUTHORIZING THE CITY
MANAGER TO SIGN A PROFESSIONAL
SERVICES AGREEMENT WITH FEHR & PEERS
FOR PREPARATION OF THE CIVIC CENTER
STATION AREA PLAN (P10-002)
(TERM OF AGREEMENT FROM AUGUST 2, 2010
AND ENDING ON MAY 31, 2012 — MAY BE
CONTINUED AN ADDITIONAL PERIOD OF THREE
MONTHS WITH APPROVAL OF CITY MANAGER
IN AN AMOUNT OF $125,000)
RESOLUTION NO. 13021
RESOLUTION AUTHORIZING THE TEMPORARY
CLOSURE OF MISSION AVENUE BETWEEN C
STREET AND E STREET FOR THE SAN RAFAEL
FOOD AND WINE FESTIVAL
RESOLUTION NO. 13022
RESOLUTION AUTHORIZING ENTERING INTO A
CONTRACT (CSPP-0290) WITH THE DEPARTMENT
OF EDUCATION FOR STATE PRESCHOOL
SERVICES AND AUTHORIZING THE CITY
MANAGER TO SIGN CONTRACT DOCUMENTS IN
THE AMOUNT OF $179,275
SRCC Minutes (Regular) 08/02/2010
10. Report on Bid Opening for the Santa Margarita
Park Tennis and Basketball Court Renovation,
Project No. 11159 (PW) — File 4-1-618
11. Adopt Plans and Specifications for the "City
Hall HVAC Upgrade Project' (#11154), and
Authorize the City Clerk to Call for Bids (PW) —
File 4-1-622
12. Resolution Approving and Authorizing the
Director of Public Works to Execute an
Agreement with West Coast Arborists, Inc. for
Routine and Emergency Tree Services for a
Period Commencing August 2, 2010 and
Ending on June 30, 2014, and Subject to a 2 -
Year Extension by Agreement of the Parties, in
an Amount Not to Exceed $220,000 per Fiscal
year (PW) —
13. Accept Completion of the Non -Motorized
Transportation Pilot Program (NTPP)
Northgate Gap Closure Bikeway
Improvements, Project # 11117, and Authorize
the City Clerk to File the Notice of Completion
(PW) —
File 4-1-613 x 4-13-120
14. Adopt Plans and Specifications for
Construction of 41 Curb Ramps and Curb and
Gutter Reconstruction and Authorize the City
Clerk to Call for Bids (PW) —
File 4-1-623
15. Resolution Authorizing Temporary Closure of
Ritter Street from Lincoln Avenue to Third
Street August 14, 2010 from 9:00 a.m. — 5:00
p.m. to Support Goodwill — Ritter Center
Partnership Donation Drive / SOS Marin (RA) —
File 11-19
SRCC Minutes (Regular) 08/02/2010 Page 3
Accepted report.
Approved staff recommendation.
Removed from agenda at request of staff.
Approved staff recommendation.
Approved staff recommendation.
RESOLUTION NO. 13023
RESOLUTION AUTHORIZING TEMPORARY
CLOSURE OF RITTER STREET FROM LINCOLN
AVENUE TO THIRD STREET AUGUST 14, 2010
FROM 9AM TO 5PM TO SUPPORT THE
GOODWILL-RITTER CENTER PARTNERSHIP
DONATION DRIVE/ SOS MARIN
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PUBLIC HEARING:
16. RE: Mello Roos District Proceedings for Communitv Facilities District No 2 (Loch Lomond Marina
Development, 110 Loch Lomond Drive): (CA/PW)
CONSIDERATION OF ORDINANCE LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES
DISTRICT NO. 2 (CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2) — FILE 6-55
Presenting the staff report on behalf of Deputy City Attorney II Lisa Goldfien, City Attorney Rob Epstein
reported that in August, 2007, the City granted land use and subdivision approvals for the Village at Loch
Lomond Marina Development. In approving the project, the City Council imposed a condition of approval
requiring the formation of a Mello -Roos Community Facilities District (CFD) to collect funds to assure the
long-term maintenance of certain publicly -accessible park and conservation areas within the development,
to be established concurrently with recordation of the final subdivision map.
Mr. Epstein stated that over the past two months, the City Council had been taking actions required for the
formation of the new Community Facilities District --"The City of San Rafael Community Facilities District
No. 2 ("CFD No. 2"). Following a public hearing on July 19, 2010, the City Council adopted a resolution
SRCC Minutes (Regular) 08/02/2010
SRCC Minutes (Regular) 08/02/2010 Page 4
approving the formation of CFD No. 2 and a second resolution calling a special election and submitting to
the qualified electors of the district a ballot measure for the imposition of a special tax and the
establishment of an initial appropriations limit for the District.
Mr. Epstein reported that the special election was held and the ballot measure passed unanimously.
Accordingly, it was now appropriate for the City Council formally to levy the special tax in the District that
would provide funds on an ongoing basis for the maintenance services to be provided by CFD No. 2. He
explained that levy of the tax must occur by adoption of an ordinance. The attached ordinance levies the
special tax according to the Rate and Method of Apportionment of Special Tax, attached as Exhibit A to the
ordinance and previously approved as part of the Resolution of Formation. The maximum tax permitted
would be $2,439.22 per market rate dwelling unit, $1.15 per square foot of nonresidential space, and a flat
rate of $74,216.22 for the marina parcel.
Mr. Epstein reported that the special tax process would commence in fiscal year 2011-2012. Because the
improvements to be maintained by the new district had not yet been constructed, no tax would be required
to be imposed immediately. Annually, the City Council would be asked to set the specific tax rate for each
parcel by resolution. Mr. Epstein requested that the ordinance be introduced at tonight's meeting and
schedule the second reading for the City Council meeting of August 16, 2010.
Mayor Boro declared the public hearing opened
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 OF SAN RAFAEL LEVYING SPECIAL TAXES WITHIN SAN RAFAEL
COMMUNITY FACILITIES DISTRICT NO. 2
Councilmember Heller 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. 1886 to print by the
following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
OTHER AGENDA ITEMS:
17. 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 — "DOMESTIC VIOLENCE: MARIN'S NUMBER ONE VIOLENT CRIME" (PD) — FILE 269 x
9-3-30
Lieutenant Raffaello Pata stated that the 2009-2010 Marin County Civil Grand Jury issued a report on
June 4, 2010 entitled "Domestic Violence: Marin's Number One Violent Crime." In that report they made
findings and recommendations and requested Marin County's three larger agencies - Marin County
Sherriff's Department, San Rafael Police Department and the Novato Police Department — to evaluate the
Marin County Chief's of Police protocol for handling domestic violence cases which, along with the
California Penal Code, largely governs how these cases are handled.
Lt. Pata reported that staff was largely in agreement with the findings San Rafael was requested to respond
to, specifically items F-4, F-5, F-10 and F-16. With regard to Recommendations R-1, R-3 and R-4 he
reported that the San Rafael Police Department was in compliance with all of the recommendations and
was prepared to speak with the Marin County Chiefs of Police regarding item R-4 which required further
group analysis.
Councilmember Brockbank stated he had no problem with the proposed responses and thanked Lt. Pata
and Mr. Epstein for agendizing the item within 60 days to afford time for City Council feedback, if
necessary. Noting disagreement with the recommendation requiring four hours of annual training, he
questioned whether there was any flexibility to add even a couple of hours per year of training, whether it
could be done in the future, time permitting, or whether it was something that could be done in the event all
other agencies provided four hours of officer training annually.
SRCC Minutes (Regular) 08/02/2010
SRCC Minutes (Regular) 08/02/2010 Page 5
Lt. Pata explained that officers receive eight hours minimum in the Police Academy, together with an
additional two -hours annually; however not captured was the throughout the day roll -call training. Two
hours was the official POST (Police Officer Standards Training) requirement; however, much more was
provided, including review of cases on a nightly basis, with daily follow-up review. POST required two
hours, and although difficult to quantify, he believed this was being met and the City Council should feel
comfortable that much more than two hours was being provided.
Councilmember Connolly inquired as to what "non-custodial arrest option" referred to.
Lt. Pata stated his understanding from the Grand Jury's recommendations was that based on some studies
and research, they were asking the Marin County Chiefs of Police to consider a non -arrest or a non -
booking scenario for some of the abusers. Recognizing domestic violence was a horrible crime in Marin
County he indicated staff favored looking at the issue further with County partners to ascertain what exactly
it meant as he believed the Grand Jury was requesting the issue be considered absent a lot of research or
information.
Councilmember Levine inquired whether there were other regions in California that did not have or practice
a pro -arrest policy.
Lt. Pata stated he was unaware of any other agency that did not have a pro -arrest protocol or policy. The
California Penal Code, Section 273.5, was quite illustrative of how officers should conduct themselves in
these investigations and did not leave a lot of wiggle room. Some cases did not involve a traumatic
condition, rather a misdemeanor or lesser offense, and in such instances San Rafael was in compliance
with the potential of a non-custodial case. With a traumatic condition where a primary aggressor was
identified it was necessary to comply with the felony law.
Councilmember Levine inquired whether Lt. Pata believed the Marin County Grand Jury was speaking to
the latter offense.
Lt. Pata stated that since they did not cite those two specific sections, but rather the umbrella section that
covered domestic violence, he was unsure; however, there were two additional sections — Penal Code
Sections 273.5 and 243 E-1.
With respect to R-4, Mayor Boro stated that, should meetings be held and discussions concluded, staff
should apprise the City Council of the outcome as he assumed there should be follow-up to the Grand Jury.
Councilmember Connolly moved and Councilmember Levine seconded, to adopt the resolution:
RESOLUTION NO. 13024 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2009-2010 MARIN
COUNTY GRAND JURY REPORT ENTITLED "DOMESTIC VIOLENCE: MARIN'S
NUMBER ONE VIOLENT CRIME."
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
18. Canal Dredging: - File 12-10
Indicating that the Army Corps of Engineers would be dredging the inner and outer channels of the Canal in
the coming months, Jim Schutz, Assistant City Manager, announced that a community informational
meeting would be held in the Council Chambers on Thursday, August 19, 2010 at 6:00 p.m. Information
would be provided on the dredging status, permitting procedure, contacts for permitting and private
dredging, etc. Ken Nordhoff and Richard Landis, together with representatives from the Army Corps of
Engineers and BCDC (Bay Conservation and Development Commission) would be in attendance. Mr.
Schutz stated he would forward information on the dredging start date to the City Council.
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on
Meetings and Conferences Attended at City Expense)
SRCC Minutes (Regular) 08/02/2010
SRCC Minutes (Regular) 08/02/2010 Page 6
19. North Bav Division - Leaaue of California Cities: - File 9-11-1 x 9-1
• Proposition 22:
Indicating that he and Councilmember Heller attended the North Bay Division — League of California
Cities meeting on last Thursday, Councilmember Brockbank reported it was noted with dismay that the
State Democratic Party, by a very narrow margin of a couple of points beyond the required threshold,
took a "No" position on Proposition 22 — Protect Local Services. Stop State Raids! Letters had been
generated to Democratic and Republican elected officials, urging Democrats to urge Jerry Brown,
gubernatorial nominee, to support Proposition 22. Councilmember Brockbank submitted material to the
City Clerk for distribution to the City Council at a later date.
State Prisons:
Councilmember Brockbank reported that he and Councilmember Heller attended a meeting in the City
of Dixon and heard a discussion on the anticipated release of 40,000 state prisoners — to be released
to counties in what basically was an unfunded mandate. Because the meeting was one city short of
the required quorum, business could not be conducted, which would have included the reelection of
nominee Alice Fredericks, Tiburon, North Bay representative to the Board, and nominee Greg
Brockbank, Second Vice -President; therefore, he believed it important for councilmembers to consider
attending these quarterly meetings. He submitted material for distribution to the City Council.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:36 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2010
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 08/02/2010