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Home My WebLink AboutCC Minutes 2011-06-06IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, June 6, 2011 MINUTES Regular Meeting San Rafael City Council Present: Mayor Boro Vice -Mayor Brockbank Councilmember Connolly Councilmember Heller Councilmember Levine Absent: None Also Present: City Manager Nancy Mackle City Attorney Robert Epstein City Clerk Esther Beirne OPEN SESSION - COUNCIL CHAMBERS - 6:00 PM. Mayor Boro announced Closed Session item. CLOSED SESSION - CONFERENCE ROOM 201 - 6:00 PM 2. Closed Session Item: a) CONFERENCE WITH LABOR NEGOTIATORS - (Gov. Code Section 54957.6(a)) 1) NEGOTIATORS: Nancy Mackie, Jim Schutz, Leslie Loomis, Robert Epstein, and Kelly Tuffo and Jack Hughes, Liebert Cassidy 2) EMPLOYEE ORGANIZATION(S): Western Council of Engineers, Local 1 - Confidential, SEW 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. City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE - 8:00 PM Peter Kirby Chemtrail Proposed Resolution: - File 9-1 Mr. Kirby submitted a copy of his proposed resolution to make San Rafael a Chemtrail-free zone. City Manager Nancy Mackle reported that staff had responded to Mr. Kirby's last request and noted that the Chemtrail issue was beyond what the City Council has jurisdiction over. Lawrence Siegel Mural Proiect: - File 9-1 Mr. Siegel introduced Raquel Rogers, Director, Canal Alliance Youth project, who introduced students working on this project. Amy Likeover Sober Living: - File 9-1 Ms. Likeover inquired as to the status of the citywide Blue Ribbon committee on sober living. Robert Epstein Robert Epstein, City Attorney, reported that he was working with a potential volunteer to assist with this issue and while not particularly a blue ribbon committee, he believed the current process would be very useful both in collecting information from the neighborhoods and operators and working towards the zoning ordinance amendments. He anticipated this issue being agendized for one of the July City Council meetings to formalize the process and he welcomed the participation of the Gerstle Park neighborhood, together with other interested persons. CONSENT CALENDAR: Councilmember Connolly moved and Councilmember Heller seconded, to approve the Consent Calendar as follows: 3. Approval of Minutes of Special City Council Meeting of April 21, 2011 and Regular City Council Meeting of May 16, 2011 (CC) 4/21/2011 5/16/2011 Minutes approved as submitted. 4. Resolution of the City Council: (CC) — File 9-4 1) Proposing a General Municipal Election, Including the San Rafael Elementary School District and the San Rafael High School District General Election, to be held on Tuesday, November 8, 2011; 2) Requesting the Board of Supervisors to Consolidate with any other Election Conducted on the same Date; 3) Requesting Election Services by the County Clerk ; and 4) Reaffirming Policy Regarding Number of Words in Candidate's Statement of Qualifications and Providing that the cost of Printing and Handling Statement of Qualifications shall be Borne by the Candidate and Paid for at the time Nomination Papers are Filed Election 2011 RESOLUTION NO. 13155 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL: 1) PROPOSING A GENERAL MUNICIPAL ELECTION, INCLUDING THE SAN RAFAEL ELEMENTARY SCHOOL DISTRICT AND THE SAN RAFAEL HIGH SCHOOL DISTRICT GENERAL ELECTION TO BE 2 HELD ON TUESDAY, NOVEMBER 8,2011; 2) REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; 3) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; 4) REAFFIRMING POLICY REGARDING NUMBER OF WORDS IN CANDIDATE'S STATEMENT OF QUALIFICATIONS AND PROVIDING THAT THE COST OF PRINTING AND HANDLING STATEMENT OF QUALIFICATIONS SHALL BE BORNE BY THE CANDIDATE AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED 5. Resolution Authorizing Assistant City Manager to Amend the Existing Contract with HF and H Consultants, LLC to an Amount Not to Exceed $75,000 (CM) — File 4-3-306 x 4-3-32 HF&H RESOLUTION NO. 13156 - Resolution Authorizing Assistant City Manager to Amend the Existing Contract with HF&H Consultants, LLC to an Amount Not to Exceed $75,000 6. Resolution Waiving the Application Processing Fee (up to $7,833) for an Environmental and Design Review Permit Application Requesting Approval for a Painted Mural on a Building Wall at 91 Larkspur Street, P11-005 (CD) — File 9-10-2 Mural RESOLUTION NO. 13157 - RESOLUTION OF THE SAN RAFAEL CITY COUNCIL WAIVING THE APPLICATION PROCESSING FEE (UP TO $7,833) FOR AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT APPLICATION REQUESTING APPROVAL FOR A PAINTED MURAL ON A BUILDING WALL AT 91 LARKSPUR ST. IN THE CANAL NEIGHBORHOOD, P11-005 7. Resolution Authorizing the Mayor to Sign a Contract Amendment with the County of Marin Community Development Agency for Child Care Services for Fiscal Year 2010-2011 in the Amount of $12,600 (CS) — File 4-13-101 x 147 Childcare RESOLUTION NO. 13158 — RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT AMENDMENT WITH THE COUNTY OF MARIN COMMUNITY DEVELOPMENT AGENCY FOR CHILD CARE SERVICES FOR FISCAL YEAR 2010-2011 IN THE AMOUNT OF $12,600 8. Resolution Authorizing Entering Into a Contract with First Five Marin (Marin Children and Families Commission) for Preschool Services at Pickleweed Children's Center and Authorizing the City Manager to Sign Contract Documents in the Amount of $73,218.00 (CS) — File 4-10-238 x 9-3-65 First Five Marin RESOLUTION NO. 13159 - RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT WITH FIRST FIVE MARIN (MARIN CHILDREN AND FAMILIES COMMISSION) FOR PRESCHOOL SERVICES AT PICKLEWEED CHILDREN'S CENTER AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $73,218.00 9. Resolution of Appreciation to Bill Scharf, Assistant Director, Community Services, for 27 Years of Service to the City of San Rafael (CS) — File 102 x 9-3-65 3 RESOLUTION NO. 13160 — RESOLUTION OF APPRECIATION TO BILL SCHARF, ASSISTANT DIRECTOR, COMMUNITY SERVICES, FOR 27 YEARS OF SERVICE TO THE CITY OF SAN RAFAEL 10. Resolution to Update the City of San Rafael's Investment Policy (Fin) — File 8-9 x 8-18 City's Investment Policy NO. 13161 — RESOLUTION TO UPDATE THE CITY OF SAN RAFAEL INVESTMENT POLICY 11. Resolution Authorizing and Approving the Borrowing of Funds for Fiscal Year 2011-2012 and the Issuance and Sale of 2011-2012 Tax Revenue Anticipation Notes in an Amount Not to Exceed $10,000,000 Therefor (Fin) — 8-13-9 x 8-14 Tax Revenue Anticipation Notes Nancy Mackle, City Manager, explained that on this item the law requires that public comment and a separate vote be taken. Janet Pendoley, Interim Finance Director, explained that public entities that rely heavily on property taxes for revenue are authorized to issue tax-free bonds to enhance their cash flow during the year. These bonds are issued in July at the beginning of the fiscal year and paid back in June of the following year. RESOLUTION NO. 13167 — RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2011-2012 AND THE ISSUANCE AND SALE OF 2011-2012 TAX AND REVENUE ANTICIPATION NOTES IN AN AMOUNT NOT TO EXCEED $10,000,000 THEREFOR Councilmember Brockbank moved and Councilmember Heller seconded, to adopt the Resolution. AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None 12. Resolution Setting the Special Assessment District Tax for Loch Lomond #10 for Fiscal Year 2011-2012 at $578 per Parcel, Excepting Exempt Assessor Parcel Nos. 16-330- 12,13,14 (Fin) — File 6-50 x 9-12-1 Loch Lomond #10 RESOLUTION NO. 13162 — RESOLUTION SETTING THE SPECIAL ASSESSMENT DISTRICT TAX FOR LOCH LOMOND #10 FOR FISCAL YEAR 2011-2012 AT $578 PER PARCEL, EXCEPTING EXEMPT ASSESSOR PARCEL NUMBERS 16-330-12,13,14 13. Resolutions of Appreciation for Retiring Members of the Board of Library Trustees, Chuck Stuckey and Ursula Davidson (Lib) — File 102 x 9-3-61 RESOLUTION NO. 13163 — RESOLUTION OF APPRECIATION TO URSULA DAVIDSON, RETIRING BOARD OF TRUSTEES MEMBER FOR THE SAN RAFAEL LIBRARY RESOLUTION NO. 13164 — RESOLUTION OF APPRECIATION TO CHUCK STUCKEY, RETIRING BOARD OF TRUSTEES MEMBER FOR THE SAN RAFAEL LIBRARY 14. Resolution Authorizing Execution of a Community Development Block Grant Program 21 (CDBG) and Home Program Cooperation Agreement with the County of Marin (RA) — File 4-13-38 x 147 CDBG RESOLUTION NO. 13165 — RESOLUTION AUTHORIZING EXECUTION OF A THREE-YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND HOME PROGRAM COOPERATIVE AGREEMENT WITH THE COUNTY OF MARIN 15. Resolution Approving the Redevelopment Agency Grant of $40,000 to Ritter Center and Making Findings and Approvals Pursuant to the California Redevelopment Law in Connection with the Utilization of Agency Low and Moderate Income Housing Funds Outside the Central San Rafael Redevelopment Project Area (RA) — File 229 x (SRRA) R-392 x R-173 Ritter Center RESOLUTION NO. 13166 - RESOLUTION APPROVING THE REDEVELOPMENT AGENCY GRANT OF $40,000 TO RITTER CENTER AND MAKING FINDINGS AND APPROVALS PURSUANT TO THE CALIFORNIA REDEVELOPMENT LAW IN CONNECTION WITH THE UTILIZATION OF AGENCY LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA SPECIAL PRESENTATIONS: 16. Presentations of Resolutions of Appreciation to Chuck Stuckey and Ursula Davidson, Retiring Members of the Board of Library Trustees (Lib) - File 102 x 9-3-61 Mayor Boro read from both resolutions and thanked Ms. Davidson and Mr. Stuckey for their endeavors on behalf of the City of San Rafael. Ursula Davidson stated it was easy to work for something she believed in. Chuck Stuckey noted San Rafael needed a new library. Glena Coleman, Board of Library Trustees, presented flowers to both retirees. 17. Presentation of Resolution of Appreciation to Bill Scharf, Assistant Director, Community Services, for 27 Years of Service to the City of San Rafael (CS) Mayor Boro to make presentation — File 102 x 9-3-65 Mayor Boro read from and presented the Resolution of Appreciation to Bill Scharf and wished him a long and very satisfying retirement Bill Scharf expressed thanks for all the support he received during his 27 years with the City of San Rafael. APPEAL HEARING: 18. Resolution Denying Appeal and Upholding the Denial of a Facility Use Permit for the Use of Albert Park Baseball Field and Stadium for a Professional Boxing Event (CS) — File 9-3-66 5 Mayor Boro declared the Appeal Hearing opened. Carlene McCart, Community Services Director, presented the staff report Paul Nave, Appellant, distributed material to the City Council and staff and made a presentation in support of the boxing event. Hugo Landecker, Gerstle Park, stated that the proposed baseball and boxing projects were not being dealt with equally even though both had the same issues. Len Rifkind, Larkspur, noted Paul Nave was a freshman member of the San Rafael High School Bulldogs champion wrestling team in 1976. He addressed issues in the staff report with regard to Mr. Nave's application for a Use Permit. Helen Yates, stated consideration should be given to what denying the event would do to the children in the community. Amy Likover, read a resolution from the Gerstle Park Neighborhood Association, requesting that all proposals receive a clear review and fair hearing; she indicated that they would appreciate a clarification of the process. Todd Meyer, stated he believed the objections were not problematic and he encouraged the City Council not to miss an opportunity for the City. Mayor Boro closed public hearing. Questions and comments from the City Council and staff. Carlene McCart commented on the fiscal impact to the City. Councilmember Heller inquired whether other events were taking place in the park and Recreation Center on that evening. Councilmember Connolly inquired whether perhaps there was a way to minimize field damage leading up to the event, who would pay in the event of damage, and the thinking in terms of how long it would take to restore the field. Councilmember Levine inquired as to the feasibility of a false floor to protect the field. Robert Epstein explained the process should the project move forward. Councilmember Levine inquired about events leading up to or immediately following this event that could be impacted by the difference in watering, etc. Council deliberations: Councilmember Brockbank - supported upholding the Appeal. Councilmember Heller - supported denial of the Appeal. Mayor Boro - supported upholding the Appeal. IXI Councilmember Connolly - supported upholding the Appeal. Councilmember Levine - supported upholding the Appeal. Robert Epstein stated that staff would like to research some of the details and requested that staff be directed to return at the next City Council meeting with a formal resolution to memorialize tonight's action. Councilmember Brockbank inquired whether the process could continue in the interim. Nancy Mackle stated that documentation on the City Council's decision only would be returned at the City Council meeting of June 20, 2011. Robert Epstein stated he saw no reason why the applicant and staff could not proceed on the process immediately. Ms. Mackle concurred. Mayor Boro stated that although he would support upholding the Appeal he wanted to make it clear that this was in no way a reflection on staff. Councilmember Connolly moved and Councilmember Brockbank seconded, to deny the staff recommendation and uphold the Appeal. AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Albert Park Boxing Event OTHER AGENDA ITEMS: Brockbank, Connolly, Levine & Mayor Boro Heller None 19. Update on Balancing the Fiscal Year 2011-2012 Budget, the Recession Action Plan and the Economic Vitality Workplan (CM) — File 8-5 Budget 2011-2012 Nancy Mackle presented an update on balancing the Fiscal Year 2011-2012 City budget, noting $2 million remained to be resolved. Staff would provide further actions at the June 20th meeting, with formal budget adoption scheduled for July 5, 2011. Councilmember Levine moved and Councilmember Brockbank seconded, to accept the report. AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None CITY MANAGER'S REPORT: 20. None 7 COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences attended at City expense) 21. Councilmember Brockbank — File 9-1 North Bav Leadership Council Economic Impact Report: Councilmember Brockbank reported that he and Councilmembers Connolly and Levine attended a very informative conference of the North Bay Leadership Council last week. Steven Hancock - File 13-11 Evacuation Drill: Office of Emergency Services Manager Steven Hancock reported on the very successful evacuation drill which took place in the Dominican/Black Canyon neighborhood on Saturday, June 4, 2011. Councilmember Heller Mayor Boro ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2011 W ALBERT J. BORO, Mayor