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HomeMy WebLinkAboutSPCC Minutes 2010-06-02SRCC MINUTES (Special) 06/02/2010 Page 1 IN THE COUNCIL CHAMBERS. CITY HALL. MONDAY. JUNE 2. 2010 AT 7:00 PM Special Meeting: San Rafael City Council Also Present: Ken Nordhoff, City Manager Robert F. Epstein, City Attorney Esther C. Beirne, City Clerk Present: Albert J. Boro, Mayor Damon Connolly, Vice -Mayor Greg Brockbank, Councilmember Barbara Heller, Councilmember Marc Levine, Councilmember Absent: None TWELVE-MONTH REPORT ON 2009-2011 TWO-YEAR GOALS AND OBJECTIVES — FILE 8-5 City Manager Ken Nordhoff noted the three documents before the City Council this evening: • Recap of 2009-2010 and 2010-2011 Budget Actions and Summary of Work Plan; • Department Management reports on two-year goals and items planned for the coming year; and • Summary of Major Initiatives, Unfunded Work and Service Options to be started, processed or completed during Fiscal Year 2010-2011 Noting staff had been dealing with fairly significant budget challenges for a couple of years, Mr. Nordhoff reported that Recession Action and Economic Vitality Plans had been adopted on which periodic reports had been provided. A number of actions had been taken to balance the budget, including layoffs, furloughs and deferral of pay and benefit increases, etc. Recapping budget actions from June -July, 2009, Mr. Nordhoff reported that dating back to last fall and winter there were continued declines in the revenue base: • A Study Session was held on November 16, 2009 concerning tax projections; • At the December 15, 2009 meeting, staff identified multi-million dollar deficits in the current and upcoming fiscal year budgets and the City Council requested an outline of how this could be approached from a community perspective and decision-making process. This was provided and approved by the City Council on December 21, 2009; • A first round of recommendations for budgetary action was presented to the City Council - included as attachments to this first packet. Schedule II dealt with the first round of recommendations approved on January 4, 2010; • Additional workshop and two additional public meetings were held as part of outreach efforts; • Summary of these outreach efforts presented to the City Council on January 19, 2010. Staff was directed to return with final recommendations — this was done on January 26, 2010 — Round #2 — Schedule 1 attached; • Other documents attached included Exhibits A and B which identified significant changes in Authorized Positions — 445 positions reduced to 391. Regarding tax projections, Mr. Nordhoff reported that long-term financial forecasting had been carried out, noting recent decisions regarding the issuance of Pension Obligations Bonds to fund normal cost, together with a Revenue Anticipation Note. Budgetary figures would be discussed extensively on June 7, 2010 Referring to Attachment A — Areas of Priority and Emphasis, Mr. Nordhoff noted this would serve as a guide during staff presentations. City Council 2009-2011 Budget Priorities — • Neighborhood and Economic Vitalitv — SRCC MINUTES (Special) 06/02/2010 Page 1 SRCC MINUTES (Special) 06/02/2010 Page 2 Economic Development — Nancy Mackle; Community Development — Bob Brown; Parking Services - Vince Guarino Economic Development — Nancy Mackle, Economic Development Director, highlighted the department's key 2009/2010 accomplishments: • Renovation of Northgate Mall; • Plans approved for Infiniti, Mi Pueblo and Arizmendi Bakery — already opened; • Started research on business incubators; • Meeting regularly with developers and brokers on vacant sites — Target site, former Chrysler, Yardbirds and GM sites; • Completed Phase I Zoning Ordinance amendments; • Completed many new events to promote the community, including Andy's Summer Fest, West End Farmers' Market, Promenade Grand Opening and Concours Drive, which ended on A Street; • A lot of work had been carried out in electronic access to information, including e -permits — having access to historical building permits; • More information on the website, such as information on vacant sites, how to obtain licenses and permits, frequently asked questions for starting and expanding a business; • New Contract completed with the Below Market Rate (BMR) Housing Administrator, increased the number of participating lenders and implemented two federal down -payment programs; • New BMR agreement with 33 North — 16 new units • Completed the draft of the housing element for State review, which would come to the City Council in Study session on July 6, 2010; • Secured an MTC grant for SMART stations, which would include looking at housing at some of these locations. Parking - Started a pilot program for meter mechanisms which would accept credit cards; Citation processing went out to bid in an attempt to reduce contract costs. Objectives for Fiscal Year 2010-2011: Economic Vitality — • Target application received this week; • Kaiser Permanente's emergency room and parking structure • San Rafael airport recreation facility; • Loch Lomond Marina, Mello -Roos District; • Work on filling vacancies downtown and elsewhere - Pizza Orgasmica, re -opening of George's, the Marin Music Center; • Working on refilling the Chrysler site; • Former Yardbird's building in negotiations; • Working to fill other vacant buildings; • Continue to assist the Northgate staff to complete final renovations for its new tenants; • Working to tenant and re -tenant San Rafael Corporate Center and Marin Commons; • Working with the San Rafael Chamber of Commerce, the Business Improvement District and the City of San Rafael Office of Emergency Services to generate Post -Disaster Business Recovery Strategy; • Continue business retention and expansion interviews one at a time on monthly basis; • Economic Development, Community Development and Parking would be involved in the SMART station planning; • Completing Housing Element Update and promoting sites already entitled for housing; • Assisting with marketing homes at 33 North. SRCC MINUTES (Special) 06/02/2010 Page 2 SRCC MINUTES (Special) 06/02/2010 Page 3 Long-range Planning — • Entire General Plan five-year update would take place this year — looking at the wetlands policy, considering possible de minimis traffic allowances for small projects in East San Rafael and incorporating the Climate Change Action Plan program; • Second Phase of Zoning Ordinances — evaluate reducing the process for telecommunication antennas, different measures for the Climate Change Action Plan - parking lot landscaping, solar panels and wind turbine regulations; • A further Planning Academy would be conducted. Parking — • Generate plan to address maintenance and replacement issues of parking structures and lots; • Research and develop a plan to replace existing enforcement vehicles with more environmentally -friendly electric alternative. With regard to the San Rafael Airport Recreation Facility, Councilmember Brockbank inquired as to the timeline and whether a fee would be paid to cover staff time and in some situations, a contract planner. Confirming that fees are paid, Mr. Brown indicated that contract planners had been discontinued because of the downturn. In terms of timing, he believed a further round of final EIR (Environmental Impact Report) hearings would commence in the fall. Mr. Nordhoff confirmed that contract service needs for EIR work, etc., would be presented to the City Council for approval and passed back to the applicant for payment of costs. Commenting on the value of the Planning Academy, Councilmember Brockbank inquired whether this was grant funded. Responding in the negative, Mr. Brown confirmed that since the Academy was run mostly by managers no cost was involved. Councilmember Connolly requested staff to elaborate on the process for the SMART station planning. Mr. Nordhoff stated staff would cover this issue at the end of the meeting. Councilmember Connolly stated that along with staff he wanted to continue to consider ways to recruit new businesses to San Rafael in a focused, targeted way, despite limited resources. Ms. Mackle stated staff was working on a draft plan for the downtown. Having attended a meeting with commercial brokers, Mayor Boro reported that they were very supportive of San Rafael. He noted Mr. Boloyan, Principal Planner, discussed what San Rafael does to facilitate businesses locating to San Rafael. Ms. Mackle confirmed that Mr. Boloyan made great presentations at all of the meetings and was involved in a lot of interaction regarding process, which was well received. Mr. Nordhoff stated that Robert Eyler would address the issue of the Marin Economic Forum at a Study Session on Monday, June 7, 2010. Nancy Mackle would conduct approximately twenty-five interviews with local businesses, the results of which would be presented to the City Council. Councilmember Connolly pointed out that Mr. Eyler was working directly with Ms. Mackle on San Rafael issues. Ms. Mackle commented that traditionally when business retention interviews were conducted, affordable housing and transportation were the common themes; however, this year, almost all emphasized the economy. SRCC MINUTES (Special) 06/02/2010 Page 3 SRCC MINUTES (Special) 06/02/2010 Page 4 Expressing appreciation for staff's focus on business retention, Councilmember Levine inquired whether subsequent to a business deciding to locate to San Rafael a time limit could be placed on opening. Indicating that George's required a new liquor license, which takes time, Ms. Mackle reported that in general, staff works hard to provide a good idea of timeline; however, there could be unknowns, and occasionally, the applicant was not as organized as desired. She noted Pizza Orgasmica had an ADA (Americans with Disabilities Act) issue that needed to be worked out. Councilmember Brockbank inquired whether staff was satisfied they were doing all they could to help restore cuts through partnership. Ms. Mackle stated that the letters sent to the Chamber of Commerce and the Business Improvement District (BID) regarding the elimination of Redevelopment Agency funds in 2012 received some attention. The BID would meet on Friday when staff would learn whether they were in a position to discuss assessing themselves more to generate funds. She indicated that the Hotel BID was also discussing increasing their assessment. Mr. Brown noted the City Council in a few weeks would consider a proposed fee increase which would benefit residential realtors. Councilmember Connolly indicating he wanted to understand more about the Redevelopment Agency situation as there appeared to be limits on what could be done. Referring to page 10 of the report, Mr. Nordhoff reported that a study sessions would be scheduled fairly soon on this issue. Mayor Boro noted success in increasing funding by working with Marin County, the schools and College of Marin; however, everyone had to benefit. Mayor expressed thanks to Ms. Mackle, Mr. Brown and Mr. Guarino. Councilmember Connolly stated he had been informed by some members of the public that some new parking meters were too tall. Mr. Guarino confirmed that they had been lowered by four -inches. • Quality of Life Services — Library and Communitv Services Library — David Dodd, Library Director, stated that in 2009-2010, the Library's highlights included electronic access initiatives, one of which was the implementation of a new interface to the catalogue, making it much easier to search and allowed searching all of the databases subscribed to, together with books simultaneously. A mobile application was available for smart phones for ease of searching the catalogue. Along with these initiatives, Mr. Dodd noted that digital downloads for San Rafael had just been launched which allowed receipt of the resources of the Library from anywhere and included e -books, audio -books, music and movies. The library would be expanding into this realm more because of lack of physical space. Mr. Dodd noted that library attendance had increased considerably over last year. Mayor Boro stated that payment for some services should be an issue for consideration in the future. Community Services Department — Carlene McCart, Community Services Director, highlighted some of the accomplishments. • Increased the number of after-school programs; • Established a multi -cultural senior program at Pickleweed Community Center — partnering with Whistlestop Wheels; • Rental usage increased at Pickleweed Community Center and Terra Linda Community Center; SRCC MINUTES (Special) 06/02/2010 Page 4 SRCC MINUTES (Special) 06/02/2010 Page 5 • Successfully downsized at Falkirk Cultural Center while maintaining level of service — extensive outreach program conducted last fall; • Tree Advisory Committee almost ready to complete their report — to be presented to the City Council in August; • Commenced design of the Pickleweed field renovation project; • Hamilton Pool operations added to the Aquatics program; • Pickleweed Advancement Team had raised approximately $50,000 to support programs, with car raffle currently underway. Objectives for Fiscal Year 2010-2011 — Community Services — • Conducting car raffle; • Grant writing; • Running facilities for other cities; • Taking risks in order to raise revenue and reduce dependency on the General Fund; • Partnership types of programming; • Expand collaborative projects such as the Canal Community Garden; • Staff would learn in late August — early September, 2010 whether the $4 million grant would be awarded out of State Proposition 84 — Renovation of the Pickleweed Field project; • Freitas Park playground initiative — it was hoped this neighborhood group would assist in raising the necessary funds; • Tree Ordinance, with assistance from Public Works; • Building up summer programs; • Stabilizing Falkirk Cultural Center at the current level of service and staffing; and • Expanding job skills and training for teens in the job market. Library — Mr. Dodd reported that many of the budget objectives and potential outcomes for the coming year hinged on the results of Measure C at the election on June 8, 2010; however, regardless of the result, staff would continue their work, while beginning to do better and more as a result of the strategic planning work conducted, such as: • Continuing to take the pulse of the community through ongoing surveys in order to provide the best service possible with available resources; • Continuing to work on cross -training opportunities in order to make the best use of staff members • Implementing additional self -checkout and other self-service opportunities within the library; • More volunteer opportunities, especially in computer tutoring and in general directional assistance; and • Pursuing available grants and exploring partnership opportunities with schools over the coming year. Councilmember Brockbank stated he was amazed by Ms. McCart's statistics and noting her department was doing more with less, he inquired whether this was attributed to increased technology, efficiency of staff, etc. Ms. McCart stated Community Services was unique in that programs were produced that met demand. Programs with a medium response had been cut back, cutting out those with a low response, while continuing with programs with the largest response. Ms. McCart confirmed that more people were being served with fewer staff. Mayor Boro inquired as to the percentage of funds recovered from programs offered. Indicating that the entire budget was a little over $7 million, Ms. McCart reported that approximately $6 million would be generated from fees. Ms. McCart confirmed that approximately 1,300 patrons used the Hamilton Pool in the first three days with approximately $30,000 in revenue generated from season passes. She believed that after next weekend approximately 20% of the projected revenue would be collected. SRCC MINUTES (Special) 06/02/2010 Page 5 SRCC MINUTES (Special) 06/02/2010 Page 6 Mayor Boro suggested scheduling a presentation or study session with respect to fundraising at Pickleweed. The goal was to raise $250,000 for immediate needs with a long-term goal of generating a funding plan to provide for capital improvements as needed. Mayor Boro stated it could be worthwhile to schedule a study session on the very successful Bocce program (and Lonateze Garden) and how it was funded, etc. He also suggested scheduling a study session with the Master Gardeners on their partnership with Falkirk. Regarding community gardens, Councilmember Brockbank inquired whether a checklist could be generated on how and what was needed and could be done — fundraising, etc. Ms. McCart reported that staff had developed such a list which was shared with Dixie School District and the Montecito neighborhood. She also participates on a committee from Marin County trying to assist facilitate community garden building from grassroots. Mayor Boro noted that, while enthusiastic at the outset, interest wanes, resulting in a site in disrepair and with regard to the Canal site, he suggested there should be an assurance that it would be overseen and maintained. Ms. McCart noted the design included outside landscaping and a list of collaborating organizations. She hoped the City Council would be satisfied that the garden would be maintained in a viable condition and would support the idea. Mayor Boro thanked Mr. Dodd and Ms. McCart. • Public Safetv: 2009 — 2010 Accomplishments - Chief of Police Matt Odetto reported. Police — • Police Department entered into a partnership with the Major Crimes Auto Task Force in 2008 to monitor auto theft and auto burglary detail. In 2008, there were 265 auto thefts which subsequent to participating in the program decreased to 181; • In cooperation with the Fire Department enhancing the ability to establish Incident Command training. Working with the Office of Emergency Services on effective operations and an effective line of communication as well as logistical aspects; • Regarding open space, Chief Odetto pointed out that one of the elements the department had attempted to do, prior to the elimination of the position, was to establish tracking to locate homeless encampments and deal with the related issues. The main concern was the danger of fires, recalling the San Rafael Hill fire of three years ago; • Red Light Cameras - A very successful study session was conducted recently by Captain Franzini and Sergeant McElderry to better educate the City Council. He anticipated three further locations soon. He believed the six-month review went very well and the statistics presented reflected the issues and reduction of violations; • Concentrating recently on public outreach, Chief Odetto reported that activity in the Canal neighborhood was significantly down, attributed to the Strategic Plan and Directed Patrol Unit. Officer Raul Aguilar had developed a curriculum to assist parents; • Chief Odetto reported that staff in conjunction with Nader Mansourian, Assistant Public Works Director, was working on speed limit issues. SRCC MINUTES (Special) 06/02/2010 Page 6 SRCC MINUTES (Special) 06/02/2010 Page 7 Support Services — • Chief Odetto invited the City Council to visit the new ATA facility on Fifth Avenue — which saves $2,000 monthly in rent; • Thanks to a JAG grant, Chief Odetto stated the Citizens Academy was reinstated and would run until 2014. He noted 58 members had just graduated and the next presentation would be within a month; • Chief Odetto reported that the Police Department had broadened its outreach to the community through social media outlets, etc.; • Chief Odetto explained the Parent Program deals with parenting and coping skills in dealing with adolescent and at -risk children; With regard to "reduction in Part 1 crimes" Councilmember Brockbank stated that while very good, it did not concur with reporting and perception. Chief Odetto stated he had included a snapshot of Part 1 crimes as well as other crimes in the city to the City Council in his weekly report and he could make a copy available to Councilmember Brockbank. In reporting this to citizens Councilmember Brockbank believed they would be skeptical and disbelieving because the perception was that crime was increasing, and he invited Chief Odetto to comment on the statistics. Chief Odetto stated that the numbers did not reflect the true figures relating to robberies and assaults, noting areas such as aggravated assaults had risen significantly — by two or three. He indicated he would he would forward data to the City Council. Mr. Nordhoff stated that staff could provide periodic reports detailing some of these elements, together with an analysis associated with the numbers. Councilmember Brockbank indicated this could be included in the Friday Memo; however, he believed it more important to submit press releases to the Marin Independent Journal. Mayor Boro stated that press releases are issued on incidents that are reported and he suggested generating a program addressing reductions or increases while also educating the public on Part 1 crimes and periodically providing a status update. Chief Odetto stated staff would prepare a report identifying crime trends. Mayor Boro inquired whether Live Map Tracking kept track of homeless people in open space. Chief Odetto reported that staff conducts a flyover identifying encampments for tracking purposes. Referring to recent discussions regarding augmentation, at least on weekends, both the open space patrols and boat, and in summer, foot patrol downtown, Mayor Boro requested a status report sometime in the future. Mayor Boro thanked Chief Odetto for all the work he and the Police Department do. Fire Department - • Regarding the Fire Department's list of accomplishments and objectives, Fire Chief Gray stated that, considering the financial constraints, he believed there was a strong effort to provide services and he was satisfied with the level of cooperation the department was receiving on a regional level. A number of initiatives were in place and he noted the success of the Communications Center going from one person on duty for a 48-hour shift to a modern regional center with at least 7 dispatchers available at any given time. • Chief Gray reported that the agreement with Larkspur was very successful and work was underway to take it further to create benefits for the communities served. SRCC MINUTES (Special) 06/02/2010 Page 7 SRCC MINUTES (Special) 06/02/2010 Page 8 • Training consortium amongst five fire agencies had been created and regardless of jurisdictional boundaries, resources were being shared. • Chief Gray believed the challenge of dealing with lower levels of funding on public open space had been met. Marin County crews worked for almost two months in a cooperative arrangement in the Peacock Gap area clearing public open space. Significant gains had been made with private property, noting all requests for extensions had been granted, and the compliance rate was almost 100% with neighborhoods and residents. • Chief Gray reported that work was being completed that would produce good results with Marinwood in the future and he noted the Paramedic Tax renewal would be on the November, 2010 ballot. Changes had been made with the emergency medical services program, efficiencies had been created to expand service and recover more costs and in cooperation with the Finance Department an internal billing process would be introduced on July 1, 2010. • In addition to the City's 18 miles of shoreline, Chief Gray stated there were hundreds of acres of open space. He reported that fixed and movable infrared cameras were being put into place in Southern California that could measure increases in heat in open space and mountainous areas in short durations. They could be tied in via telemetry to notify communications centers of the changes in temperature. • Chief Gray reported that tomorrow morning, June 3, 2010, the Marin County Fire Chiefs would hold a press conference at the fire station on Throckmorton to release an educational program intended to assist Marin residents prepare and survive a wild fire. Named "Ready, Set, Go" it was intended to provide a personal wild fire action plan for residents and encourage them to leave (plan first — go early). Chief Gray stated he was pleased with the men and women of the San Rafael Fire Department. Councilmember Levine inquired as to how the partnership with the County and the State to clear the land could be quantified. Chief Gray stated it had been quantified in terms of acreage. Reports had been provided, which he would summarize, including maps, which would identify the areas not only completed within the last twenty-four months but those currently underway and those being targeted. Mayor Boro thanked Chief Gray. Office of Emergency Services - Steven Hancock noted accomplishments in the past year and future developments in disaster response: 1) San Rafael's readiness and resources were being developed to respond to a major emergency or disaster; 2) Community's preparedness and how the City could engage with the community to get them to accept their responsibility to be prepared, following programs such as Ready, Set, Go! etc.; and 3) Collaboration and engaging partner organizations and agencies in order to have a true unified and comprehensive response in the case of a major event. • Regarding the City's readiness, Mr. Hancock stated that a major project was to turn the vacated fire dispatch area, located next to the Fire Station, into the Emergency Operations Center (EOC), making it the primary facility with back-up alternatives available. All key City leadership would assemble at this location to respond to major events. A training program would be part of the development of the EOC. • Mr. Hancock stated that in addition to the EOC staff, other roles and responsibilities included care and shelter for displaced residents and noting approximately only 150 Red Cross volunteers in Marin County, he believed they would be quickly utilized in a major event. Community Services and other staff would participate in shelter training to be in a position to open shelters. SRCC MINUTES (Special) 06/02/2010 Page 8 SRCC MINUTES (Special) 06/02/2010 Page 9 • Develop shelter supply capacity — Staff has worked with the American Red Cross, San Rafael High School and Pacific Gas & Electric Company to develop a shelter capacity of supplies, resulting in sufficient supplies to offer care and shelter to approximately 450 people for seven days. • Mr. Hancock reported that staff had worked with Marin County to develop training and working cooperatively. Regarding San Rafael's Emergency Operation Plan, Mr. Hancock stated that towards the latter part of 2010 this plan would be revised along similar lines as some emergency policies and procedures. The very successful CERT program had been modified and renamed "CERT Light." And instead of the original seven - week program, classes would be conducted at different agency or organization locations. He reported that a six -hour training session had been conducted for 60 National Guard Reservists at the National Guard Armory. A further training session was held for San Rafael City Schools Maintenance staff with another planned for Smith Ranch Homes. Mr. Hancock also reported that beginning in 2011, all Marin County CERT programs would be combined into one, resulting in shared resources and similar standards of basic training. • With regard to the "Get Ready Program" Mr. Hancock reported that in partnership with the County of Marin Department of Social Services staff would visit senior centers to provide hands-on training and awareness of their roles in preparation. He reported great success tailoring the adult Get Ready program to a fifth grade audience - 80% of San Rafael schools had been covered to date with 100% anticipated. The Get Ready Spanish program had met with limited success; however, staff was attempting to get more involvement. Mr. Hancock reported approximately 2,000 subscribers to the newsletter and a consortium of agencies had been generated — Marin Inter -Agency Disaster Coalition. This comprised over 150 partner organizations and agencies collaborating to increase disaster resilience and preparedness. Staff was working with the Marin County Food Bank and the San Francisco Foundation to assemble a cache of food supplies sufficient to feed 500 for five days, a location for which was currently being secured and, as noted by Ms. Mackle, staff was working with the business sector on their preparedness. Mayor Boro expressed thanks to Mr. Hancock, Chief of Police Odetto and Fire Chief Gray. • Councilmember Brockbank expressed appreciation for the work of the Emergency Services Department with regard to OES collaboration in parts of Marin County, which he hoped with continue and expand. Public Assets: Public Works and San Rafael Sanitation District Nader Mansourian, Assistant Public Works Director: • Continue to maintain streets and parks effectively; • Graffiti issue being addressed — database being maintained, working collaboratively with the Police Department — good feedback being received, with removal taking place within 48 hours, Volunteers also used; • No flooding from rain in last six months — Parks and Streets Departments, together with other available staff, maintained drain system; • Engineering and Traffic Divisions combined, resulting in more Capital Improvement Projects designed and constructed under budget and ahead of schedule. Bids received today were 50% and 80% respectively under the engineer's estimate; • Continued response to emergency repairs and complaints; • Working closely with SMART; • Working closely with Caltrans on Highway 101, Multi -Use path maintenance agreement; • Working with Caltrans and TAM (Transportation Authority of Marin) on 1-580/Highway 101 projects; • Bellam Boulevard and Francisco Boulevard East projects on schedule — surface roadway work in July, 2010; • Grant funds for NTPP — Safe Routes to Schools and ARRA; • ARRA 11 grant funds applied for; • Staff continues to pursue worthy grants; • Study Session on June 21, 2010 to discuss the five-year Capital Improvement Program; SRCC MINUTES (Special) 06/02/2010 Page 9 SRCC MINUTES (Special) 06/02/2010 Page 10 • New Sidewalk Ordinance to be proposed, with City Council sub -committee evaluating options; • D Street two-way study almost complete — report to be finalized next month when staff would meet with the neighborhood, with the goal of being before the City Council in September, subsequent to completion of environmental documents, for permanent adoption of a two-way traffic system on D. Street; • Storm drain system status and required repairs to be considered; and • Public Works department staff working very well with all other departmental staff; • Working closely with Doris Toy, General Manager, San Rafael Sanitation District, sharing equipment and staff on occasion. Mayor Boro noted the very good relationship between the City of San Rafael and the San Rafael Sanitation District. Councilmember Heller concurred. Mayor Boro stated that the Board was very productive and accomplished a lot of work without controversy, noting Doris Toy had added calm to the arena. Doris Toy, San Rafael Sanitation District General Manager, stated that the Point San Pedro project — Embarcadero Way to Margarita Drive — included approximately 7,000 feet of corrugated metal pipe to be replaced. The Engineer's Estimate for the project was $3 million and Team Ghilotti was the lowest bidder at $2.5 million. Mr. Nordhoff clarified that the SRSD had its own set of funding to pay for and manage these capital projects; however, the City for a long while, had hired the workers who supported the district's operations and who worked at the Corporation Yard alongside Public Works employees. Mayor Boro commented that the San Rafael Sanitation District owned a percentage of the Public Works building Mr. Nordhoff clarified that the agreement reflected a 10% investment in the new Public Works facility. Councilmember Heller noted that last month she viewed the new Vactor truck. Ms. Toy explained that this truck flushes pipes and sucks the sewage. Mayor Boro commented that Public Works had done a great job and he congratulated Mr. Mokhtari and Mr. Mansourian and their staff, also thanking Ms. Toy and the San Rafael Sanitation District staff. Councilmember Heller inquired as to the dimensions of the physical layout of the City. Mr. Mansourian explained that there was approximately 176 miles of roadway. Councilmember Heller requested a short memo to this effect. The Foundation: Administrative Functions • Jim Schutz, Assistant City Manager, reported that he would present the final six areas in the hand-out and he had planned to go through them by highlighting the work of Rob Epstein, City Attorney, Esther Beirne, City Clerk, Cindy Mosser, Finance Director, Gus Bush, Information Technology Manager, Nancy Mackle, Ken Nordhoff and himself, City Manager's Office. • City Manager's Office - many of the objectives related to the Recession Action Plan and the Economic Vitality Plan. An enormous amount of work had been done with regard to reducing costs and increasing revenues and having the two plans guide much of the work over the past year. Securing $7.6 million in funds in 2009 was a testament to that process and the revenue enhancement side. A lot of discussion took place regarding cost reductions and decreases; however, there had been revenue enhancement also. SRCC MINUTES (Special) 06/02/2010 Page 10 SRCC MINUTES (Special) 06/02/2010 Page 11 With regard to strategic planning in the City Manager's office and the City overall, Mr. Schutz noted that in Management Services alone, each of the divisions had generated a strategic plan with the exception of Parking; however, this was in the works. Mr. Schutz reported that the Volunteer Program Strategic Plan would include topics such as how to enlarge the program, prioritize efforts and training for the public. The Pickleweed Advancement Team and related fundraising was in keeping with the idea of prioritizing. • City Attorney's Office — key trainings conducted, together with writing and re -crafting ordinances, including the Massage Ordinance, Sidewalk Maintenance Ordinance and Campaign Finance Ordinance. City Clerk's Office — commencing with the Worthy but Unfunded category, Mr. Schutz noted an RFP (Request for Proposal) process had been completed for the audio/video systems in the Council Chambers. This item was also included on the Information Technology list demonstrating that a contractor had been hired, system designed and staff had a good idea of what could be done under minimum, medium or more extensive programs should funds be available. Mr. Schutz reported that a grant had been applied for through Homeland Security; however, although no affirmative or negative formal notification has been issued, the indication was that the lack of notification was not a good sign. Mr. Schutz noted that candidates' campaign statements were available on the website, commencing with candidates and Measure G in the November, 2009 election. Finance Department - Mr. Schutz reported that staff was implementing very necessary financial tools — Tax Revenue Anticipation Note (TRANS), to be issued in July, 2010 to smooth out cash flow. Medical Ambulance Billing to be implemented in-house would afford better control over revenue collection, resulting in better data to evaluate trends and manage the process of ambulance and paramedic services. This process would be less expensive than utilizing an outside vendor. • Human Resources — Successful changes to retiree healthcare system, resulting in reduced costs; Two successful Supervisory Academy sessions conducted; Support Staff Academy to be conducted; Going forward -- Define trends in Workers' Compensation and Liability to improve practices. • Information Technology — Upgrading and maintaining software and network; RFP process and designing the Council Chambers audio/video system; Making improvements to the website — City staff and a community member committee had been working with Mr. Bush, Information Technology Manager, and his team on upgrading the website. Regarding the Campaign Finance Ordinance, City Attorney Rob Epstein noted a study session was held on a draft ordinance where staff was directed to conduct further work. A committee, comprised of Mayor Boro and Vice -Mayor Connolly, met this morning and came up with some creative ideas to deal with some of the concerns expressed by the City Council. Staff hoped to present a draft ordinance to the City Council for consideration at a regular meeting in the near future. Mr. Epstein reported that he received regular inquiries from the Marin Independent Journal's Executive Opinions Page Editor concerning this issue, and had conferred with the League of Women Voters representatives. Noting a lot of community interest in San Rafael, he believed other cities in Marin County were waiting on action from San Rafael, as the City was often a leader in new initiatives and ordinances. Regarding the timeline, Mr. Epstein stated he hoped staff could return to the City Council in July or August with the ordinance. Staff favored having this ordinance in effect for the next election cycle — November, 2010. Councilmember Levine noted that the November, 2010 election could include measures only. Mr. Epstein confirmed that the ordinance designed strictly to deal with independent expenditures and transparency in reporting would also relate to independent expenditures promoting or opposing measures. SRCC MINUTES (Special) 06/02/2010 Page 11 SRCC MINUTES (Special) 06/02/2010 Page 12 Regarding the implementation of audio/video streaming for City Council and other meetings, Councilmember Levine inquired whether the current audio recordings could be made available online. Mr. Schutz indicated there were a number of options and concurred that the digital recordings could be made available on the website. Mr. Bush explained that the redesign of the website included an archive of the audio streams; however, he was unsure whether this would be a live podcast. Councilmember Connolly inquired whether there were less expensive options for the video element. Mr. Bush explained that the least expensive option was a partnership with the Community Media Center of Marin where they would use their equipment in the Council Chambers in its current condition at an approximate cost of $25,000 annually. Additional options included expanding to live web streaming which would involve installing cameras, projectors, etc. in the Council Chambers at an approximate cost of $150,000. Councilmember Connolly inquired whether the $25,000 option could be pursued forthwith. Mr. Bush stated that the $25,000 option could be pursued with delayed broadcast; however, staff was endeavoring to achieve a low-cost solution that included web streaming at an approximate cost of $60,000 - $70,000. Mr. Bush confirmed for Mayor Boro that the system used by Marin County was a webcast with full live streaming capability, as well as archiving, utilizing four cameras. Mayor Boro inquired as to the cost of replicating this system. Mr. Nordhoff stated the investment was heavily borne by the age of the building, its lack of electricity and other capabilities and the infrastructure required, together with a software component for archiving and recording. Mayor Boro noted the need to understand what the $25,000 version entailed. Responding to Councilmember Connolly's comment, Mr. Schutz explained that a lot of work had been taking place in the background which was time-consuming with limited IT staff. Absent the possibility of obtaining a grant as the solution to install the City's own system, staff had been looking at alternatives, such as the Media Center; which demonstrated that a lot of effort had gone into generating a program. Should it not be possible to raise the $100,000 for the full version, including software, such as Granicus, Councilmember Brockbank inquired whether in addition to the lower level options $20,000 could be set aside annually for continued improvements for perhaps five years. He commented that Ed Dudkowski created a system entitled "Studio in a Box" which demonstrated expensive cameras, etc., were unnecessary. He noted the Media Center had become very successful in soliciting more and more volunteers anxious to become involved. Noting a lot of the cost involved upgrading the Council Chambers, Councilmember Heller requested a breakdown and suggested it could be helpful to contact Congresswoman Woolsey, State Senator Leno, etc. Mr. Bush indicated staff could compile a menu of options approach and how each could be implemented to include everything from the very simple Media Center approach to the Cadillac version. Included would be the ability to differentiate where an initial investment could grow as additional funds became available. On the question of approaching Congresswoman Woolsey, etc., Mr. Hancock indicated he had contacted the State Office of Emergency Services. He explained that the grant applied for technically was for an Emergency Operations Center, an extension of which was adding the audio/video system. He commented that the Fire Station Construction grant was similar in timing and complexity and, while the federal government indicated there would be a 30 -day turnaround, it was not received for a further six months. In this case he believed the recipient agencies had already received the awards. Councilmember Heller noted the City Clerk's office had previously set aside funding for this project SRCC MINUTES (Special) 06/02/2010 Page 12 SRCC MINUTES (Special) 06/02/2010 Page 13 Mr. Hancock stated that other Homeland Security grant opportunities could be targeted as this system would support emergency response capabilities Referring to page 78 regarding Compensation Costs and Liability, Mayor Boro noted the reserve is funded based on the number of potential liability cases, and he requested further discussion at a later date on this funding. Mr. Schutz indicated staff wanted to bring this issue to the level of evaluating data and getting the information out, etc., and likewise with Workers' Compensation. SUMMARY OF MAJOR INITIATIVES, UNFUNDED WORK SERVICE OPTIONS TO BE STARTED, PROCESSED OR COMPLETED DURING FISCAL YEAR 2010-2011 Mr. Nordhoff explained that a lot of the major initiatives embedded in this evening's reports that were new in nature, more complex or required something of staff typically occurred at the upper ranks of the organization. He indicated he would highlight what he saw as putting a fairly substantial portion of time into a variety of issues: Key Constituency Services — ❑ Updating Massage Ordinance ❑ Setting Court acceptable speed limits for Traffic enforcement ❑ Enhancing Graffiti Education and Eradication Efforts ❑ Approving and implementing a modern Marinwood CSD Contract ❑ Renewing and adjusting the Paramedic Tax along with MCSD and two CSAs ❑ CCAP - Green Initiatives ❑ Land Use Decisions • Updating Housing Element and SB2 site selection • Phase II Zoning Ordinance amendments Financial Challenges — ❑ State pressures ❑ Redevelopment agency future • Addressing loss of support for events and Chamber/BID • Restructuring of Downtown Assessment District ❑ Keeping City Budget balanced • Funding for Library, Falkirk, other areas of service • Updating suite of master fees Notables — Parking Rates, Building and Planning Fees ❑ Implementing long-term funding solutions for pension and retiree health obligations ❑ Labor Negotiations — Long term outlook and compensation capability/authority Transportation and Infrastructure — ❑ SMART • Andersen Drive corridor • SMART Station Planning (theirs) • SMART Station Area Planning (ours — MTC grant) • Quiet Zones ❑ Immediate infrastructure repairs (example — Rossi pump station on FEE) ❑ Canal Dredging conducted by Army Corps. Regarding SMART, Mr. Nordhoff stated he was not aware of a transportation -related project more complex than the train coming through town. Staff periodically keeps the City Council sub -committee of Mayor Boro and Councilmember Brockbank informed and he surmised it would be a rich study session topic over the next few months. With regard to the Andersen Drive corridor, determinations were needed as to how the train would function heading south to Larkspur. SRCC MINUTES (Special) 06/02/2010 Page 13 SRCC MINUTES (Special) 06/02/2010 Page 14 Mr. Nordhoff reported that SMART was in the process of planning for their two platforms and stations at the downtown and Civic Center locations and were studying options or alternatives of each. Until SMART made their station decisions, it would be difficult for the City to fully study their impacts. Noting Linda Jackson assisted in securing two grants through MTC, Mr. Nordhoff reported that an extensive amount of staff work would be involved, including the City Attorney's Office, Public Works, rail consulting expertise, Economic Development, Community Development, City Manager's Office, together with an executive level group meeting with transportation executive directors bi-monthly. A Joint Task Force also included staff from Marin Transit, SMART, TAM, Golden Gate Bridge District, etc. working cooperatively with San Rafael through these issues. Stating that quiet zones would be a big issue in the City, Mr. Nordhoff noted SMART would be assisting with the application. He indicated that a large number of hours would need to be committed to the variety of issues related to the train and staff would keep the sub -committee and City Council apprised. They would attend outreach meetings and, where appropriate, provide input or comment. Regarding the City's aging infrastructure, Mr. Nordhoff indicated that some remedies would be required, noting some solutions would prove very costly. With regard to canal dredging Mr. Nordhoff reported that the Army Corps of Engineers would conduct public outreach. Worthy but Unfunded List — Aside from his personal goal of removing the Council Chambers upgrade from this list, Mr. Nordhoff noted General Plan items such as historic building inventory, neighborhood plans, design guidelines all requiring extensive processes and community involvement, etc. Infrastructure such as public buildings, sidewalks, storm drains, streets, etc. was decaying and the City Council would learn in a few weeks what was available measured against what needed to be done. Green Initiatives - Referring to the document entitled — Status/Prioritization of San Rafael Green Initiatives — In Process, Mr. Brown stated these were some of the programs from the Climate Change Action Plan currently being worked on. • Active involvement in the Marin Energy Authority; Vice -Chair Connolly was San Rafael's representative and would continue; • Green Building — the City had taken a County -wide lead in creating a model ordinance, winning an award. San Rafael's version of the ordinance would go into effect tomorrow, June 3, 2010 — staff and public training had been conducted and he was encouraging other cities to proceed with adoption of ordinances also. • Pursuing a PACE (Property Assessed Clean Energy) financing program. A Marin County representative was participating in a Bay Area wide process generating the parameters, protocols and marketing; however, the other element would entail loan funds. Capital markets' not having embraced the program yet had been a hindrance; therefore, he did not know whether on completion of the Bay Area wide work, a loan program would be ready to launch. However, he believed the federal government and Public Utilities Commission would have both tax credits and rebates to carry out some building retrofitting. Mr. Brown stated it was hoped to have a one-stop shop in Marin County for people to learn about cost-effectiveness, etc., perhaps involving the Marin Builders' Association and Marin Community Foundation. He commented that PACE would depend on the ability to obtain financing. Regarding the City's Green Team, Mr. Brown reported that a group of volunteers from various departments was working on greening the City's operations. Good results were being achieved in waste reduction, energy conservation, purchasing, etc. With regard to the City Hall HVAC system, this work would be carried out by Public Works with Federal Energy Efficiency Block Grant funds, and would include lighting retrofitting. Staff would measure the energy savings at City Hall. SRCC MINUTES (Special) 06/02/2010 Page 14 SRCC MINUTES (Special) 06/02/2010 Page 15 Mr. Brown stated the next round of zoning regulations would include items from the Climate Change Action Plan, including shading parking lots and have zoning regulations to encourage wind turbines and solar rays. Noting there were some very active volunteers who were working on the Eco -Fair Marin for Earth Day, 2011, Mr. Brown stated the City would be a non -monetary sponsor. Volunteers had set up a non-profit and would be fundraising, using the same event promoter for San Francisco Green Fair. He believed the event would make the City very proud. 2010-2011 Priority Options — Waste Franchise Agreement — As this was an evergreen contract, the ability to substantively change it was somewhat limited. Zero -Waste Plan — Mr. Brown believed the intention countywide was to conduct zero waste work. The Solid Waste JPA now had a zero waste plan and later this month they would initiate an increase in the tipping fee at the landfill that would fund several items, such as creating a zero waste tool kit, better website, etc. Some funds would be available for implementation at the local level and it could be that San Rafael could take some leadership with some of this work; however, part would include generating a best practice model for a sanitation agreement. Single -use plastics - Mr. Brown noted there were many options and suggested a BERST-type process possibly involving other jurisdictions in the County could be a way to tackle those issues. Councilmember Connolly believed there could be a related state law. Mr. Brown believed it had been voted out of committee and would not go forward. A federal law remained active but was not moving fast. Questioning this, Councilmember Brockbank noted today's newspaper reported it was beginning to look promising. Councilmember Connolly believed the governor was supporting one of the bills. Mr. Nordhoff issued an assurance that San Rafael would follow state or federal regulation in these areas. Mr. Brown reported that the CEQA guidelines had just come out for analyzing greenhouse gasses from new development and it would be onerous. He indicated it could cause Target to re -circulate a new EIR; however, on a case-by-case project for each large development, a way out was to quantify the greenhouse gas emission strategies in the Climate Change Action Plan, and when incorporated in the General Plan later this year, doing a supplemental EIR which would create the ability for new development projects to tier off of that work. At a cost of $25,000 - $30,000, San Rafael had the ability to possibly increase the fees for environmental assessments to reimburse the investment, returning the fees to their original amount when completed. Plastic Bag Options — Mr. Brown reported that Marin County's attempt to ban both plastic and paper bags has met with some resistance - part of the problem being the lack of a collaborative effort. Banning both paper and plastic decreased the chances of being successfully sued. With regard to banning plastic only, Mr. Brown reported that a draft EIR had been prepared that could be tailored and used by a city such as San Rafael; however, it would still present the challenge of potential litigation. Third option was to encourage citizens to use the initiative process, which did not entail CEQA review. Plastic Take -Out Container Options — Non -Mandatory Options — work with merchants, community advocacy groups, establish a purchasing cooperative, educate food service vendors on options, etc. Mandatory Options —Low or no cost to outright ban. Mr. Brown stated that staff had some capacity to work on some of these issues, depending on the City Council's pleasure. SRCC MINUTES (Special) 06/02/2010 Page 15 SRCC MINUTES (Special) 06/02/2010 Page 16 Mayor Boro requested that Mr. Brown ascertain whether the Marin County Farmers' Market uses material that met the requirements being discussed and if so, how this could be implemented at San Rafael's Farmers' Market. Ms. Mackle reported that Bridgette Moran, Marin County Farmers' Market, indicated San Rafael's Downtown Farmers' Market was ahead of the Marin County Farmers' Market, and on a voluntary basis. Noting the Marin County Fair was 100% recyclable, Mayor Boro stated it had a lot of initial resistance, especially from people who go from fair to fair; however, it was now being introduced at other fairs. Mr. Nordhoff stated that a plan was approved by the City Council with items started, finished and to be considered; therefore, without getting into specifics staff wanted to begin guiding the next handful of items the City Council believed time should be spent on, with the limited resources available, and he believed people wanted to see the PACE program get off the ground. Mr. Brown noted that the second page - 2010-2011 Priority Options - were in the order of feedback from the City Council. Having attended a Marin Clean Energy program last night, Councilmember Brockbank reported that Susan Adams, Marin County Supervisor, stated that CASK (California State Association of Counties) - all 58 counties — was attempting to put together a PACE program and that funds could be available through this program. Mr. Brown stated that a number of California counties were involved in the California First program, which would be funded by private funds from a third party; however, these funds had not materialized. It was the same outside third - party group that started the San Francisco program and, while they were asked to raise $100 million, they had only secured $10 million. Mr. Nordhoff added that the challenge was to find local lenders, state bondholders, or whoever was interested in putting some financing mechanism together in large quantities. Mr. Brown stated he would be meeting with Tom Peters, Marin Community Foundation, in a week and a half to see if there was any potential through their investors and some local banks; however, a loan fund of approximately $40-50 million was needed. Mr. Nordhoff indicated that the County of Sonoma had contributed $40 million initially. Mr. Brown stated that the Sonoma County and the Water District had both committed up to $100 million between them; however, they had been unable to repackage those loans on the bond market and resell them at the interest rate they needed to get. Regarding the plastic take-out container options, Councilmember Levine believed that Styrofoam containers and cups were the worst material and he inquired whether San Rafael would have the same kind of legal challenges by just banning Styrofoam. Mr. Brown indicated that cities that had banned Styrofoam had not been legally challenged. Councilmember Levine inquired whether the City had looked into banning trans -fats. Ms. Mackle stated that she had only heard from one local business who claimed the County notified the City's businesses about making trans -fat information available in the list of ingredients. Councilmember Connolly inquired how staff wanted them to weigh in on the various options. With regard to the green initiatives, Mr. Nordhoff stated that on page 1 Mr. Brown had indicated what staff was working on and page 2 ranked those issues of most importance. Mr. Nordhoff stated that single -use plastics was all of page 3 and staff was seeking validation of whether the priority items were correct as being the next phase of implementing the plan on page 2. He envisioned some areas not being specific to San Rafael, rather it made sense to ascertain whether there was interest from neighbors. SRCC MINUTES (Special) 06/02/2010 Page 16 SRCC MINUTES (Special) 06/02/2010 Page 17 Mr. Brown stated that, should the City Council concur with the list, staff would return in the summer to discuss the zero waste plan and schedule a study session specifically concerning plastics issues. Councilmember Brockbank believed the question was what it would mean in terms of greenhouse gas emission reductions and the dollar cost of implementation, and the decision for the City Council was which to proceed with. Mr. Brown stated that the metrics to quantify greenhouse gas reduction were primitive at this point and most of these initiatives had not been tried; therefore there were no good models that had been quantified. He could not indicate what it would cost to implement them or what it would generate in terms of greenhouse gas reduction. While there was a lot of interest in the Zero -Waste issue and the ban on plastics, there was very minimal greenhouse gas return. While he believed the community wanted the City to work on certain issues, they were not necessarily huge greenhouse gas savings. Mr. Nordhoff noted that the study was broken down into transportation, utilities and public buildings, etc. Mr. Brown stated staff would work with TAM to do some of the transportation work; however many of these items were outside of the City's control. With regard to plastic bags Mayor Boro believed all communities should contribute to something all could support. He commented that Bill Daniels, United Market, intended to ban plastic bags on his own initiative. Councilmember Connolly believed there was widespread community support for action. On the state level, the California Grocers' Association had come out in support of a proposal which would ban single -use plastic bags and impose a fee on paper bags. Mr. Nordhoff stated it was not often the right choice to race to be first to the finish line on some topics as the answer could emanate from some other place. Councilmember Connolly noted it got to that level because of impetus at the local level. Mayor Boro stated Mr. Nordhoff's remarks were that rather that San Rafael inventing something, the City could support something. Similar to the PACE program there had been a lot of discussion on who should take the lead, Mr. Nordhoff stated he would be glad when a selection was made on how a PACE program in San Rafael or Marin County would operate. He believed at some point the approach that appeared to make the best sense should be selected. Concurring with Councilmember Connolly's statements, Councilmember Brockbank reported that he had attended a couple of meetings with Supervisors MacGlashan and Adams and a number of grocers — the results of AB 1998 should be known by Friday; however, should nothing happen County action would be considered. He reiterated there was complete consensus that nobody expected San Rafael or any other city to do anything unilaterally. In going forward a decision would have to be made on whether the City Council would adopt an ordinance or a group of citizens undertake the process. Mayor Boro noted Councilmember Brockbank had a good experience with the B.E.R.S.T program by working collaboratively with all the cities, the interested parties and the County and he believed that, if a Green Building ordinance could pass, the City should be able to pass a similar ordinance with regard to bags. Possible Other Actions for Consideration — Economic Vitality — Mr. Nordhoff believed that the City should be taking the limited discretionary time and putting everything possible into business expansion, retention, getting applications to Council for consideration to raise tax revenues and helping the Convention and Visitors Bureau. Councilmember Connolly questioned whether the list of priorities on the first page of the memo was necessarily more important. SRCC MINUTES (Special) 06/02/2010 Page 17 SRCC MINUTES (Special) 06/02/2010 Page 18 Responding in the negative Mr. Nordhoff explained that he was trying to highlight where some areas of emphasis were already underway and, as there was limited time to work on things related to the economy or green initiatives, he would place economic -related vitality, business expansion and retention at the top of the priorities list. Critical Facilities - Mr. Nordhoff believed it was necessary to do some focus grouping, restrategizing on where to go next. The problem had not gone away; buildings continued to age, and the measly $100,000 per year put into facility repairs in the City would not be sufficient to keep essential buildings functioning. Subsequent to the paramedic tax ballot measure, he anticipated bringing back some of the Critical Facilities Committee members to start thinking about what was learned from the last election and how to move forward. He and Chief Gray continued to be in discussions with Marin County regarding the emergency operations facility in Station 7 and he believed something would happen around the fire station regardless of the outcome or choice in terms of sites. Canalfront Waterways Plan - Noting the City owns the site leased by the San Rafael Yacht club behind the Toyota Dealership, Mr. Nordhoff stated that at some point staff would have to figure out what to do with it. Most of the other work would involve grant money and, although he was continuing to have conversations with Public Works employees who having a willingness to solicit grants, had insufficient time. Therefore, unless there was a way to fund staff to get the grants, design and build the project, it would be down the road for a while. Smoking Ordinance — Mr. Nordhoff stated that there had been requests from the Smoke -Free Coalition about providing further restrictions; however, a lot of work was necessary with regard to enforcement, etc. Sidewalk Ordinance - Mr. Nordhoff reported that at the Council retreat in January, 2010, the issue was raised that under the California Vehicle Code there was a capability of shifting sidewalk maintenance responsibilities back to the property owners. Should this be of interest to the City Council he suggested waiting for the Tree Advisory Committee report and perhaps then appoint a City Council sub -committee as he believed a lot of education and community outreach was necessary to help people understand what the program would look like, what property owners' responsibilities would be and how the City would be involved in terms of enforcement or partnering to help provide solutions. He noted the City would be turning back an asset that in many cases, was not in very good shape and requesting people to take responsibility for it. Medical Marijuana Dispensaries — Mr. Nordhoff stated that currently, zoning regulations do not allow for medical marijuana dispensaries. Noting a case was working its way through the court system in Anaheim, he believed there could be something at the state level that trumped the local level; therefore, he advised remaining with the status quo pending what would enfold over the next few months. Regarding the Smoking Ordinance, Councilmember Brockbank believed it would be good to evaluate it should it not be unreasonably burdensome for staff and the City Council decided to place a high enough priority on it. Regarding possibly banning pharmacies from selling tobacco, as with medical marijuana, he believed staff was waiting for the results of a court case. Should there be a court case that allowed such a ban, he would like to consider it as part of the package of smoking options. Mr. Nordhoff noted he would add the issue to his possible tasks list. Stating it had been a long time since she had looked at the ordinance, Councilmember Heller noted that when it was adopted it was quite comprehensive; therefore, she was unsure how much further this group wanted the city to go. Mr. Nordhoff stated that it was forward -thinking at the time it was done; however, it had fallen to the middle of the pack. Councilmember Heller indicated she would like to look at it again. Ms. Mackie stated she was working on the issue with the help of Lisa Goldfien, Deputy City Attorney, and Linda Jackson, Principal Planner, to look at the proposals and confine the summary to one page. In general, the ordinance referred to residential, hotel, parks, festivals, special events, bus stations and most public places. Councilmember Heller believed enforcement was the biggest problem. Mr. Nordhoff stated that someone else would have to take care of complaints other than the City of San Rafael. Ms. Mackie explained that a note would be made regarding enforcement in the summary. SRCC MINUTES (Special) 06/02/2010 Page 18 SRCC MINUTES (Special) 06/02/2010 Page 19 Mr. Nordhoff confirmed for Councilmember Heller that the City did have a Tobacco Retailers Ordinance, which started with the store in the West End neighborhood, which contained conditions to be met related to schools and child care centers in terms of distance. With regard to banning sales of cigarettes in pharmacies, Mayor Boro stated he would like to have a discussion on this as cigarettes were not a banned substance. Councilmember Brockbank concurred on having discussions. With regard to leaf blowers, Councilmember Brockbank noted several cities ban them Mr. Brown explained that several years ago, when Lieutenant Jim Kelly was compiling the Noise Ordinance, it looked at the issue of leaf blower limitations, restrictions and banning and at that time it was decided to impose restrictions based on noise limits. He believed it would be a huge matter of enforcement. Mayor Boro noted that in some communities, it was a top priority; however, he did not believe in this community it would be a priority to enforce leaf blowers. Councilmember Brockbank stated he would have no objection to electric leaf vacuums, as leaf blowers caused noise, toxic dust and used gasoline. He believed the matter had been addressed, was too controversial and had an enforcement problem, and he did not realize it had been considered in the City in recent years. Mr. Nordhoff stated staff would be glad to discuss anything objectives -wise or any other issue in the report on Monday next, June 7, 2010.. The Redevelopment Agency budget would be amended on Monday, June 7, and staff would also present the City's financial picture. Mayor Boro thanked staff for all their work and their attendance at the meeting this evening. He complimented the department directors, Mr. Nordhoff and San Rafael's employees. There being no further business, Mayor Boro adjourned the City Council meeting at 10:05 PM ESTHER C. BEIRNE, CITY CLERK APPROVED THIS DAY OF 2010 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Special) 06/02/2010 Page 19