HomeMy WebLinkAboutCC Minutes 2010-09-07SRCC Minutes (Regular) 09/07/2010 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 7.2010 AT 8:00 P.M.
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Greg Brockbank, Councilmember
Barbara Heller, Councilmember
Marc Levine, Councilmember
Absent: Damon Connolly, Vice -Mayor
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 item.
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM
Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Case Name: Cole, Janet v. Citv of San Rafael
Marin County Superior Court Case # CV092469
City Attorney Robert Epstein announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None.
8:01 PM
Mayor Boro announced that with regard to Item 2 on the Consent Calendar — Final Approval of Ordinance No,
1887 concerning Independent Expenditures — the following language was added in Section 1. 16.030 F. and G
"Trustee of the San Rafael Board of Education."
Councilmember Brockbank moved and Councilmember Levine seconded, to approve the Consent Calendar as
follows:
CONSENT CALENDAR:
Second Readina and Final Adoption of
Ordinance No. 1887 — (CA)
AN ORDINANCE OF THE CITY OF SAN
RAFAEL ADDING NEW CHAPTER 1.16 TO THE
SAN RAFAEL MUNICIPAL CODE ENACTING
DISCLOSURE AND REPORTING
REGULATIONS FOR INDEPENDENT
EXPENDITURES IN CITY ELECTIONS — File 9-
4 — Independent Expenditures
3. Resolution Repealing Resolution No. 12574,
Re -adopting the FPPC Model Conflict of
Interest Code as the City's Conflict of Interest
Code, and Adopting a Revised List of
Designated Employee Positions and
Disclosure Categories, to Be Incorporated
into the City's Conflict of Interest Code (CA)
— File 9-4-3
4. Resolution Supporting Proposition 22 —
"Prohibits the State from Taking Funds Used
for Transportation or Local Government
RECOMMENDED ACTION:
Approved final adoption of Ordinance No. 1887 as
amended.
RESOLUTION NO. 13037
RESOLUTION REPEALING RESOLUTION NO.
12574, RE -ADOPTING THE FPPC MODEL
CONFLICT OF INTEREST CODE, AS THE CITY'S
CONFLICT OF INTEREST CODE, AND ADOPTING A
REVISED LIST OF DESIGNATED EMPLOYEE
POSITIONS AND DISCLOSURE CATEGORIES, TO
BE INCORPORATED INTO THE CITY'S CONFLICT
OF INTEREST CODE
RESOLUTION NO. 13038
RESOLUTION SUPPORTING PROPOSITION 22,
"PROHIBITS THE STATE FROM TAKING FUNDS
SRCC Minutes (Regular) 09/07/2010
Projects and Services" — on November 2010
Ballot (CM) — File 116 x 9-1
5. Resolution Opposing Proposition 23 —
"Suspends Implementation of Air Pollution
Control Law (AB 32) Requiring Major
Sources of Emissions to Report and Reduce
Greenhouse Gas Emissions that Cause
Global Warming Until Unemployment Drops
to 5.5 Percent or Less for Full Year" — on
November 2010 Ballot (CM) —
File 116 x 9-1
6. Resolution Opposing Proposition 26 —
"Requires that Certain State and Local Fees
Be Approved by Two -Thirds Vote. Fees
Include Those that Address Adverse Impacts
on Society or the Environment Caused by
the Fee -Payer's Business" — on November
2010 Ballot (CM) —
File 116 x 9-1
SRCC Minutes (Regular) 09/07/2010 Page 2
USED FOR TRANSPORTATION OR LOCAL
GOVERNMENT PROJECTS AND SERVICES" — ON
NOVEMBER 2010 BALLOT
RESOLUTION NO. 13039
RESOLUTION OPPOSING PROPOSITION 23 —
"SUSPENDS IMPLEMENTATION OF AIR
POLLUTION CONTROL LAW (AB 32) REQUIRING
MAJOR SOURCES OF EMISSIONS TO REPORT
AND REDUCE GREENHOUSE GAS EMISSIONS
THAT CAUSE GLOBAL WARMING UNTIL
UNEMPLOYMENT DROPS TO 5.5 PERCENT OR
LESS FOR FULL YEAR" — ON NOVEMBER 2010
BALLOT
RESOLUTION NO. 13040
RESOLUTION OPPOSING PROPOSITION 26,
"REQUIRES THAT CERTAIN STATE AND LOCAL
FEES BE APPROVED BY TWO-THIRDS VOTE.
FEES INCLUDE THOSE THAT ADDRESS ADVERSE
IMPACTS ON SOCIETY OR THE ENVIRONMENT
CAUSED BY THE FEE -PAYER'S BUSINESS" ON
NOVEMBER 2010 BALLOT
7. Resolution Supporting Marin County
RESOLUTION NO. 13041
Transportation Improvement Measure B "A
RESOLUTION SUPPORTING MARIN COUNTY
Measure Providing for Transportation
TRANSPORTATION IMPROVEMENT MEASURE B
Improvements in Marin County Through a
"A MEASURE PROVIDING FOR TRANSPORTATION
Ten Dollar Vehicle Registration Fee" — on
IMPROVEMENTS IN MARIN COUNTY THROUGH A
November 2010 Ballot (CM) — File 116 x 9-1
TEN DOLLAR VEHICLE REGISTRATION FEE"
8. Resolution of Appreciation for Gary Burns,
Supervisor — Athletics, Community Services
Department, Employee of the Quarter
Ending June, 2010 (CS) — File 102 x 9-3-65
9. Resolution Approving a Contract
Amendment Extending Funding with First
Five Marin (Marin Children and Families
Commission) for Fiscal Year 2010-2011 to
Provide School Readiness Preschool
Services at Pickleweed Children's Center in
the Amount of $73,218.00 and Authorizing
the City Manager to Sign Contract
Documents (CS) —
File 4-10-238 x 9-3-65
RESOLUTION NO. 13042
RESOLUTION OF APPRECIATION TO GARY
BURNS, EMPLOYEE OF THE SECOND QUARTER
OF 2010
RESOLUTION NO. 13043
RESOLUTION APPROVING A CONTRACT
AMENDMENT EXTENDING FUNDING WITH FIRST
FIVE MARIN (MARIN CHILDREN AND FAMILIES
COMMISSION) FOR FISCAL YEAR 2010-2011 TO
PROVIDE SCHOOL READINESS PRESCHOOL
SERVICES AT PICKLEWEED CHILDREN'S CENTER
IN THE AMOUNT OF $73,218.00, AND
AUTHORIZING THE CITY MANAGER TO SIGN
CONTRACT DOCUMENTS
10. Resolution to Amend Job Classifications RESOLUTION NO. 13044
Represented by SEIU to Address RESOLUTION TO AMEND JOB CLASSIFICATIONS
Departmental Needs in the San Rafael Fire REPRESENTED BY SEIU TO ADDRESS
Department and Community Development DEPARTMENTAL NEEDS IN THE SAN RAFAEL
Department (MS) — File 7-8-1 FIRE DEPARTMENT AND COMMUNITY
DEVELOPMENT DEPARTMENT
11. Resolution Approving a Memorandum of
Understanding (MOU) Side Letter Between
the City of San Rafael and the San Rafael
Police Association Regarding Out of Class
Compensation (MS) — File 7-8-3
RESOLUTION NO. 13045
RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING (MOU) SIDE LETTER BETWEEN
THE CITY OF SAN RAFAEL POLICE ASSOCIATION
REGARDING OUT OF CLASS COMPENSATION
SRCC Minutes (Regular) 09/07/2010
12. Resolution Accepting Bartel Associates'
GASB 45 Compliance Report for Data
Ending June 30, 2009 (MS) — File 4-3-476
13. Resolution Proclaiming September 2010 as
National Preparedness Month in the City of
San Rafael (MS) —
File 102 x 13-11
SRCC Minutes (Regular) 09/07/2010 Page 3
RESOLUTION NO. 13046
RESOLUTION ACCEPTING BARTEL ASSOCIATES'
GASB 45 COMPLIANCE REPORT FOR DATA
ENDING JUNE 30, 2009
RESOLUTION NO. 13047
RESOLUTION PROCLAIMING SEPTEMBER 2010
AS NATIONAL PREPAREDNESS MONTH IN THE
CITY OF SAN RAFAEL
14. Resolution of Appreciation Recognizing Dan
RESOLUTION NO. 13048
Williams for his Efforts in Promoting
RESOLUTION OF APPRECIATION RECOGNIZING
Emergency Preparedness and Enhancing
DAN WILLIAMS FOR HIS EFFORTS IN PROMOTING
Disaster Response Capabilities at Smith
EMERGENCY PREPAREDNESS AND ENHANCING
Ranch Homes (MS) — File 102 x 13-11
DISASTER RESPONSE CAPABILITIES AT SMITH
August 31, 2010) (PW) — File 4-1-621
RANCH HOMES
15. Resolution Approving Expansion and
Enhancement of the San Rafael Disaster
Council (MS) — File 13-11
RESOLUTION NO. 13049
RESOLUTION APPROVING THE EXPANSION AND
ENHANCEMENT OF THE SAN RAFAEL DISASTER
COUNCIL
16. Report on Bid Opening and Resolution
RESOLUTION NO. 13050
Awarding Contract for 5 Fair Drive Retaining
RESOLUTION AWARDING A CONTRACT FOR THE
Wall Replacement, Project No. 11160, to
5 FAIR DRIVE RETAINING WALL REPLACEMENT
Hillside Drilling, Inc. in the Amount of
PROJECT, CITY PROJECT #11160, TO HILLSIDE
$79,369.00 (Bid Opening held Tuesday,
DRILLING INC., IN THE AMOUNT OF $79,369.00
August 31, 2010) (PW) — File 4-1-621
17. Report on Bid Opening and Resolution
RESOLUTION NO. 13051
Awarding Contract for Street Resurfacing
RESOLUTION AWARDING A CONTRACT FOR THE
Curb Ramps 2010-2011, Project No. 11161,
STREET RESURFACING CURB RAMPS 2010-2011
to FBD Vanguard in the Amount of
PROJECT, CITY PROJECT #11161, TO FBD
$159,636.00 (Bid Opening held Tuesday,
VANGUARD CONSTRUCTION, INC., IN THE
August 31, 2010) (PW) — File 4-1-623
AMOUNT OF $159,636.00
18. Report on Bid Opening and Resolution
Awarding the Contract for Freitas Parkway
and Las Gallinas Avenue Resurfacing 2010
Rebid, Project No. 11152, to Ghilotti
Brothers, Inc. in the Amount of $497,018.00
(Bid Opening held Wednesday, September
1, 2010) (PW) — File 4-1-619
19. Resolution Accepting a Proposal and
Authorizing the Public Works Director to
Enter Into a Professional Services
Agreement with Kimley-Horn & Associates,
Inc. for Professional Engineering Services for
Various Projects in an Amount Not to Exceed
$144,100.00 (PW) — File 4-3-512
20. Resolution Appointing New Members to the
Business Improvement District (BID) Board
of Directors through June 30, 2012 (RA) —
File 224
RESOLUTION NO. 13052
RESOLUTION AWARDING THE CONTRACT FOR
FREITAS PARKWAY AND LAS GALLINAS AVENUE
RESURFACING 2010 REBID, PROJECT NO. 11152,
TO GHILOTTI BROTHERS, INC., IN THE AMOUNT
OF $497,018.00
RESOLUTION NO. 13053
RESOLUTION ACCEPTING A PROPOSAL AND
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
ENTER INTO A PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY-HORN &
ASSOCIATES, INC. FOR PROFESSIONAL
ENGINEERING SERVICES FOR VARIOUS
PROJECTS IN AN AMOUNT NOT TO EXCEED
$144,100.00
RESOLUTION NO. 13054
RESOLUTION APPOINTING NEW MEMBERS TO
THE BUSINESS IMPROVEMENT DISTRICT (BID)
BOARD OF DIRECTORS THROUGH JUNE 30, 2012
SRCC Minutes (Regular) 09/07/2010
SRCC Minutes (Regular) 09/07/2010 Page 4
SPECIAL PRESENTATIONS:
21. PRESENTATION OF RESOLUTION OF APPRECIATION TO GARY BURNS, SUPERVISOR —
ATHLETICS. COMMUNITY SERVICES DEPARTMENT, EMPLOYEE OF THE QUARTER ENDING
JUNE, 2010 (CS) — FILE 102 x 9-3-65
Announcing Gary Burns had been selected Employee of the Second Quarter for 2010, Mayor Boro quoted
from the Resolution of Appreciation:
"Gary Burns worked for the City of San Rafael as a high school student officiating at baseball and
basketball games, and for the past 15 years as a Recreation Supervisor; and
Mr. Burns understood his job description as one administrating sports, fitness and wellness programs to an
appreciative community; and
in his case, the `other duties as assigned' clause in his job description was exercised to include the
Community Center management at the San Rafael, Terra Linda, and Pickleweed Community Centers,
along with ball field preparation, reception desk coverage, custodial duties, pool operators' certification,
adult enrichment course curriculum administration, catalog publication, burger flipping and bartending at
special events; and
Mr. Burns has accepted each assignment with a consistent initial dour response, followed by an exemplary
commitment to service to the organization and our customers; and
Mr. Burns resorted to reducing his workstation to a plastic box of files, for portability to various worksites;
and
Mr. Burns routinely works evenings, weekends, and whenever and wherever needed to deliver recreation
programs and services on behalf of the City."
Stating that Gary Burns was an exemplary employee, Mayor Boro thanked the committee for selecting him
as Employee of the Quarter and on behalf of the citizens of San Rafael and the City Council he
congratulated and thanked him.
Thanking Mayor Boro and the City Council, Mr. Burns expressed appreciation for the recognition and
stated he was very fortunate to work with great people in the Community Services Department, as well as
other City employees, who were hard and dedicated workers.
22. PRESENTATION OF RESOLUTION OF APPRECIATION PROCLAIMING SEPTEMBER 2010
NATIONAL PREPAREDNESS MONTH IN THE CITY OF SAN RAFAEL (MS) — FILE 102 x 13-11
Mayor Boro invited Steven Hancock, Emergency Services Manager and Angela Del Ponte, Emergency
Operations Department, to the podium, and for the benefit of those in the audience reported that these two
employees headed up the Emergency Operations Center.
Proclaiming September 2010 National Preparedness Month, Mayor Boro quoted from the Resolution:
"National Preparedness Month is an opportunity to raise awareness about the importance of emergency
preparedness and to encourage all residents to better prepare themselves and their families for
emergencies and disasters; and
preparedness is the shared responsibility of the entire community. Individuals can prepare themselves and
their families for emergencies by becoming informed about different threats and hazards, making a
personal preparedness plan, assembling an emergency supply kit, and getting involved in preparing their
community; and
the City of San Rafael is enhancing its Disaster Council to provide a forum for evaluating and enhancing
inter -agency communications as well as encouraging coordination of emergency/disaster response and
recovery functions; and
the City of San Rafael and leaders from the business community have created a Post Disaster Business
Recovery Strategy to address the barriers of disaster recovery and explore what the City and business
community can do to minimize business disruption and long term or permanent closures; and
SRCC Minutes (Regular) 09/07/2010
SRCC Minutes (Regular) 09/07/2010 Page 5
the City of San Rafael is committed to ensuring that City staff are prepared to fulfill their obligations as
Disaster Service Workers through emergency trainings and exercises and the implementation of State and
Federal emergency management programs; and
the City of San Rafael continues to improve our community's ability to prepare for emergencies by offering
several exemplary emergency preparedness programs: CERT and Get Ready; and
together, City staff and residents can significantly enhance the level of community preparedness to further
safeguard and secure our homeland; and during National Preparedness Month, we encourage all residents
to get themselves and their families prepared, as well as to be involved in their community's preparedness
efforts.
Now, therefore, be it resolved, that the Mayor and City Council of the City of San Rafael hereby proclaim
September 2010 'National Preparedness Month' in the City of San Rafael and encourage all San Rafael
residents and business owners to make preparedness a priority in their homes, schools, and businesses."
Mayor Boro thanked Mr. Hancock and Ms. Del Ponte for their great work in raising the level of awareness
in the community about the importance of disaster preparedness.
23. PRESENTATION OF RESOLUTION OF APPRECIATION TO DAN WILLIAMS — SMITH RANCH HOMES
(MS) — FILE 102 x 13-11
Inviting Dan Williams, Smith Ranch Homes, to the podium, Mayor Boro stated this was a Resolution of
Appreciation recognizing him for his efforts in promoting emergency preparedness and enhancing disaster
response capabilities at Smith Ranch Homes, and he quoted:
"Dan Williams is a graduate of the City of San Rafael's Community Emergency Response Team program,
has taken refresher courses and advanced trainings; and
Dan has been instrumental and steadfast working with the Smith Ranch Homes community of 310
residents in developing a safer, more disaster resilient San Rafael; and
Dan worked diligently with the San Rafael Office of Emergency Services to bring CERT training to the
residents and fellow Smith Ranch Homes Community Disaster Plan Organization team members and
management staff with a one -day disaster skills training on site at Smith Ranch Homes; and
Dan demonstrates community leadership by recruiting neighbors to be part of the Smith Ranch Homes
Community Disaster Plan Organization, to obtain the hands-on training and skills, and educates team
members about their roles and responsibilities on the team; and
Dan actively participates in emergency communication plans and works with residents and staff to provide
amateur radio training, and updates the City of San Rafael with current emergency communication plans;
and
Dan participates in the quarterly earthquake drills at Smith Ranch Homes assisting fellow team members
with their role, technical equipment support, and safety guidance in the drills; and
Dan is passionate about disaster preparedness and believes in the importance of being prepared to create
a community that is less susceptible to the affects of a disaster.
Now, therefore, be it resolved that the Mayor and the City Council of the City of San Rafael hereby
commend Dan Williams for his tireless and selfless efforts in disaster preparedness on behalf of the City of
San Rafael."
Mayor Boro presented Mr. Williams with the Resolution of Appreciation.
Mr. Williams thanked Mayor Boro and the City Council. He stated that Mr. Hancock and Ms. Del Ponte
were always willing to enhance the ability to serve in all parts of San Rafael and to increase the radio
capability and everything the Office of Emergency Services was commissioned to do, and a lot more. It was
a real pleasure to work with them and with this work he learned something every day.
SRCC Minutes (Regular) 09/07/2010
SRCC Minutes (Regular) 09/07/2010 Page 6
Mr. Hancock stated that during National Preparedness Month an individual or organization is recognized
who had contributed to the efforts the City was attempting to accomplish. This year staff deemed it
appropriate that Dan Williams receive the award, specifically because of his contribution at Smith Ranch
Homes for so many years. He possessed a sense of determination not found in a lot of community
members, which staff wished to inspire throughout the City. Mr. Hancock presented Mr. Williams with a
flashlight engraved with the language: "In recognition of Dan Williams for his tireless and selfless efforts on
behalf of the City of San Rafael, September 2010."
CITY MANAGER'S REPORT:
24. Council Chambers Audio/Video Svstem: - File 9-3-88 x 9-1
Assistant City Manager Jim Schutz noted that testing of the proposed audio/video system for the Council
Chambers was taking place this evening and would continue at the Design Review Board meeting
tomorrow, Wednesday. Testing would continue during the coming months prior to initiating live broadcasts
later in the year.
Legislation Affecting San Rafael: - File 116 x 9-1
Economic Development Coordinator Stephanie Lovette reported that the legislative session ended on
August 31, 2010 with some bills making it through and some not:
• Green Ordinances and Green Initiatives — mostly negative, specifically the defeat of the plastic bag
ban, part of AB 32 was removed by the author, and responsibility for batteries and carpets failed.
• AB 1717 - Electronic Voting — passed
• AB 2317 - San Rafael to collect administrative costs for Code Enforcement (Lydia Romero Bill) —
successful
• SB 1036 — Tax Administration: Disclosure Information — (Andrew Thompson Bill) — did not pass.
• SB 294 Massage Therapists and the state overriding local control — passed.
The League of California Cities is opposing this bill and requesting vetoes.
• AB 155 — City Bankruptcy Bill — failed
• Bills to respond to the City of Bell situation — two passed and the two to have City Council and City
Managers' salaries posted did not pass.
• AB 602 — Statue of Limitations for Housing Elements and other housing related projects
The League of California Cities requested vetoes.
• AB 909 — Red Light violations — right turns; The League of California Cities requested vetoes.
Mayor Boro commented that the approximately two-thirds state fees remained whole while San Rafael's
were cut.
Councilmember Brockbank commented that Brad Breithaupt, Editorial Editor of the Marin Independent
Journal, seemed very interested in the red-light camera bill. His (Councilmember Brockbank)
understanding was that when it was originally passed it inadvertently included right turns on red, which was
not the purpose of the red light cameras and this was merely a correction to an earlier error.
Regarding the EPR (Extended Producer Responsibility) bills, Councilmember Brockbank clarified that of
three bills, carpets and paints passed and batteries did not.
Regarding the two bills on which the League of California Cities requested letters to the Governor,
Councilmember Heller inquired as to the timing of these letters and whether this should be handled at the
next legislative meeting or through the City.
Ms. Lovette stated that MCCMC would meet on September 22, 2010 and noted it could be done either
way; however, lately, San Rafael had been taking positions on its own. Letters were due by the end of
September.
Councilmember Heller clarified for Mayor Boro that the bills in question were AB 909 (red light cameras)
and SB 294 (massage practitioners).
SRCC Minutes (Regular) 09/07/2010
SRCC Minutes (Regular) 09/07/2010 Page 7
Mr. Schutz stated it was not intended that the City Council take action tonight, rather this could be returned
at the next meeting or the City Council could direct staff to generate letters for Mayor Boro's signature.
Mr. Epstein reported that he had not reviewed SB 294 and staff had been spending a lot of time on a
revision to the Massage Ordinance, scheduled to be presented to the City Council in the next month or so.
He confirmed for Mayor Boro that this bill could be returned for the next City Council meeting.
Mayor Boro inquired as to the Police Department's position on the red light violation issue.
Stating he had taken copious notes regarding AB 909, Police Lieutenant Raffaelo Pata indicated he would
need to discuss the bill with the Traffic Commander and the City Attorney.
Ms. Lovette stated she would discuss AB 602 with Bob Brown, Community Development Director. She
confirmed for Councilmember Heller that September 30, 2010 was the last day for letters to be submitted to
the Governor.
Regarding AB 602, Mr. Epstein suggested the City join the League of California's position; however, he
would provide an analysis on the three bills.
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on
Meetings and Conferences Attended at City Expense)
25. None.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:25 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF ,2010
ALBERT J. BORO, Mayor
SRCC Minutes (Regular) 09/07/2010
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SRCC Minutes (Regular) 09/07/2010