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Home My WebLink AboutCC Minutes 2011-04-18IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL MONDAY, APRIL 18, 2011 REGULAR MEETING OF THE SAN RAFAEL CITY COUNCIL MINUTES Present: Albert J. Boro, Mayor Greg Brockbank, Vice -Mayor Damon Connolly, Councilmember Barbara Heller, Councilmember Absent: Marc Levine, Councilmember Also Present: Nancy Mackle, City Manager Lisa Goldfien, Deputy City Attorney 11 Esther Beirne, City Clerk Members of the public may speak on Agenda items. OPEN SESSION — COUNCIL CHAMBERS — 6:30 PM 1. Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 6:30 PM 2. Closed Session Item: a) CONFERENCE WITH LABOR NEGOTIATORS — (Gov. Code Section 54957.6(a)) 1) NEGOTIATORS: Nancy Mackle, Jim Schutz, Leslie Loomis, Cindy Mosser, Lisa Goldfien, and Kelly Tuffo and Jack Hughes, Liebert Cassidy 2) EMPLOYEE ORGANIZATION(S): Western Council of Engineers, Local 1 — Confidential, SEIU Child Care Unit, SEIU Miscellaneous & Supervisory, San Rafael Fire Chief Officers' Assn., San Rafael Firefighters' Assn., San Rafael Police Mid -Management Assn., San Rafael Police Association, Unrepresented Management, Unrepresented Mid -Management, Elected City Clerk and Elected Part -Time City Attorney. Deputy City Attorney 11 Lisa Goldfien announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:07 PM Unconstitutional Wars and Seizure of Horse Farm: - File 9-1 Rachel Bell and John Jenkel, reading from documentation, requested that the City Council urge Governor Brown to use his executive power to enforce civil law. Chemtrail Free Zone: - File 9-1 Peter Kirbv submitted a proposed resolution with regard to "Declaring San Rafael a Chemtrail-Free Zone." Councilmember Connolly moved and Councilmember Heller seconded to approve the Consent Calendar, as follows: CONSENT CALENDAR: ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED BY ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A PARTICULAR ITEM: Approval of Minutes of Special and Regular City Council Meetings of April 4, 2011 (CC) Minutes approved as submitted. CC 04-18-2011 4. Resolution Authorizing the Mayor and City Manager, Individually, to Accept Grants of Interests in Real Property on Behalf of the City (CA) — File 2-2.1 RESOLUTION NO. 13134 — RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER, INDIVIDUALLY, TO ACCEPT GRANTS OF INTERESTS IN REAL PROPERTY ON BEHALF OF THE CITY 5. Report on Annual Filings for 2010 — Fair Political Practices Commission Form 700, Statement of Economic Interests for Designated Employees, including Consultants, Design Review Board, Downtown Business Improvement District Board, Geotechnical Review Board, and Park and Recreation Commission (CC) — File 9-4-3 Accepted report. 6. Resolution Supporting AB 1103 (Huffman) Providing Flexibility for Cities to Meet the Housing Needs of their Local Communities and AB 587 (Gordon-Furutani) and SB 644 (Hancock) Exempting Volunteer Projects from Public Works Prevailing Wage Requirements (CM) — File 116 x 9-1 RESOLUTION NO. 13135 — RESOLUTION SUPPORTING AB 1103 (HUFFMAN) PROVIDING FLEXIBILITY FOR CITIES TO MEET THE HOUSING NEEDS OF THEIR LOCAL COMMUNITIES AND AB 587 (GORDON & FURUTANI), SB 644 (HANCOCK) EXEMPTING VOLUNTEER PROJECTS FROM PUBLIC WORKS PREVAILING WAGE REQUIREMENTS 7. Monthly Investment Report for Month Ending March, 2011 (Fin) — File 8-18 x 8-9 Accepted Monthly Investment Report for month ending March, 2011, as presented. 8. Resolution Authorizing the Temporary Closure of City Streets for the Marin Concours d'Elegance DRIVE on May 14, 2011 on A Street, Between Third Street and Fifth Avenue, from 1:00 p.m. — 5:00 p.m. (RA) — File 11-19 RESOLUTION NO. 13136 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY STREETS FOR THE MARIN CONCOURS D'ELEGANCE DRIVE ON MAY 14T", 2011 ON A STREET BETWEEN THIRD & FIFTH AVENUE FROM 1:00 PM — 5:00 PM AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Levine PUBLIC HEARING: 9. RESOLUTION APPROVING A FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,500,000 FOR THE PURPOSE OF FINANCING AND REFINANCING THE DEMOLITION, CONSTRUCTION, RENOVATION. REHABILITATION, IMPROVEMENT AND EQUIPPING OF A DORMITORY AND OTHER CAPITAL FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO TO BENEFIT GUIDE DOGS FOR THE BLIND (FIN) — FILE 8-9 x 10-2 Mayor Boro declared the public hearing opened. Presenting the staff report, Finance Director Cindy Mosser explained that the City was not party to the financing agreement and there was no obligation to the City or CSCDA (California Statewide Communities Development Authority). There being no comment from the audience Mayor Boro closed the public hearing. Noting the City had done this for other groups in the past, Councilmember Heller stated it was usually very beneficial. Councilmember Heller moved and Councilmember Connolly seconded to adopt the resolution. CC 04-18-2011 RESOLUTION NO. 13137 — RESOLUTION APPROVING A FINANCING TO BE UNDERTAKEN BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,500,000 FOR THE PURPOSE OF FINANCING AND REFINANCING THE DEMOLITION, CONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT AND EQUIPPING OF A DORMITORY AND OTHER CAPITAL FACILITIES AND CERTAIN OTHER MATTERS RELATING THERETO TO BENEFIT GUIDE DOGS FOR THE BLIND, INC. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Levine. OTHER AGENDA ITEMS: 10. RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A ZERO WASTE GRANT TO THE MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY (CD) — FILE 4-13-96 Community Development Director Bob Brown presented the staff report. He explained that the resolution would authorize the City Manager to file the necessary application materials on behalf of the City — San Rafael's grant allocation is $58,879.43. A proposal was received from Marin Sanitary Service on April 15, 2011 requesting that up to $10,000 of those grant funds be made available to them to assist with their new multi -family recycling proposal, of which staff was supportive. Supportive of the program, Councilmember Heller inquired whether this was an annual or one-time grant. Mr. Brown stated he believed it was intended to be a revolving program. He confirmed for Councilmember Connolly that the food scrap recycling program went into effect in March, 2011. Councilmember Connolly stated he encouraged getting citizens educated in this regard. Bill Carnev, President Sustainable San Rafael, stated he commended use of the funds for staff time and also to emphasize that this was moving towards true zero waste. He requested that the following items be included in the negotiation of a revised contract: a) Tiered rate structure for can sizes b) Those generating the least waste should not be paying at highest rates c) Proactive public education effort d) Continue evaluating a requirement that all organic waste go to the green bins e) Seek a closer location for waste composting facilities Elissa Giambastiani, Local Task Force representative for San Rafael, stated she agreed with staff's proposal Councilmember Connolly moved and Councilmember Brockbank seconded to adopt the Resolution, including the Marin Sanitary Service proposal. RESOLUTION NO. 13138 — RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR ZERO WASTE GRANTS AND TO EXECUTE ALL NECESSARY DOCUMENTS FOR THE PURPOSES OF THE GRANTS FOR THE PERIOD OF 5 YEARS TO MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Levine 11. DISCUSSION UPDATE OF THE PRELIMINARY CITY BUDGET FOR FISCAL YEAR 2011-2012 (CM/FIN) — FILE 8-5 Using PowerPoint, Finance Director Cindy Mosser presented the staff report. Projecting a preliminary figure of $57,868,630 General Fund Appropriation for Fiscal Year 2011-2012, a deficit of $4.4 million was anticipated, and she noted state budget actions could have an impact on these figures. CC 04-18-2011 Next Steps: • May 2 — Budget Study Session • May 5 — City Council Retreat — 2:00 p.m. — 5:00 p.m. • May 16 — Initial Actions on Fiscal Year 2011-2012 budget • June 6 - Additional Actions to Balance Fiscal Year 2011-2012 budget • June 20 — Adopt Fiscal Year 2011-2012 budget With regard to Councilmember Brockbank's question on whether the likely cuts from the state should be taken into consideration, Ms. Mosser explained that staff suggested waiting for the May Revise to provide a better estimate. Councilmember Brockbank questioned whether it would make sense to know the fallback positions. City Manager Nancy Mackle explained that figures on potential state impacts could be presented at the next meeting. Councilmember Brockbank inquired as to the fallback position for staffing in the event Redevelopment Agency funding was lost. Ms. Mackle stated this would be discussed at the May 5 Retreat. Ms. Mosser concurred with Councilmember Connolly's comment that staff's conclusions had not changed much from the report presented on March 21, 2011. She confirmed that by retaining the status quo on certain one- time fixes, the deficit was estimated at approximately $800,000; however, this was the extreme and the analysis would change based on the use of gas tax funds, etc. She confirmed that the anticipated deficit of $4.4 million would change should the City Council decide to continue with some of the one-time fixes. Confirming an estimated deficit of $4.4 million, Ms. Mackle stated the one-time fixes were not included because the City Council had not so directed. Responding to Councilmember Connolly's question on potential sales tax revenue from the new Honda dealership, Ms. Mackle stated the City was not permitted to disclose anticipated revenue from an individual business. Noting staff had reaffirmed no current year deficit, Mayor Boro confirmed with staff that, although the legislature could approve a state budget by the end of June, San Rafael's adoption of a budget on June 20, 2011 could necessitate an amendment. With regard to Reserves, with the addition of the $500,000 Ms. Mosser anticipated an amount of $1.8 million — 3.3% of the 10% goal. Councilmember Brockbank moved and Councilmember Heller seconded, to accept the report. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Levine CITY MANAGER'S REPORT: 12. None. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 13. Leaque of California Cities Policv Committee on Transportation. Communication and Public Works: - File 9-11-1 x 9-1 Councilmember Heller reported on her attendance at the above meeting on April 8, 2011. She stated that the first North Bay meeting would be held on May 20, 2011, somewhere in Santa Rosa, from 6:00 — 9:00 p.m. CC 04-18-2011 Association of Bav Area Governments (ABAG) Spring General Assemblv: - File 111 x 9-1 Councilmember Brockbank reported on his attendance at the ABAG Spring General Assembly last week. Councilmember Brockbank reported that on a recent visit to Pacific Grove he found a brochure for Novato in the lobby of the motel at which he was a guest and he questioned why San Rafael was not also represented. SMART: - File 245 Mayor Boro stated he would forward a SMART (Sonoma -Marin Area Rail Transit) Press Release entitled "Locomotive Training to Begin on SMART's Eastern Rail Extension" to the City Council and staff this week. There being no further business, Mayor Boro adjourned the City Council meeting at 8:54 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12011 ALBERT J. BORO, Mayor CC 04-18-2011