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Home My WebLink AboutCC Minutes 2011-06-20IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, Monday, June 20, 2011 MINUTES Regular Meeting San Rafael City Council Present: Councilmember Brockbank Councilmember Connolly Councilmember Levine Councilmember Heller Mayor Boro Also Present City Manager Nancy Mackle City Attorney Robert Epstein City Clerk Esther Beirne Absent: None 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, 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. City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE - 8:00 PM Mobile Vending Near School: Christo Riquhart, Marin Youth Leadership Institute, stating they currently were working on a policy to restrict mobile vending near schools encouraged the City to adopt such a policy. 30 -Day Impound: Andre Martinez translated for the following speakers: Darlin Ruiz, Ana Lopez, Rubidia, Mauricio Gardenz, Francisco Ruiz, Rosalba Sanchez, Veronica Carsen, Roberto Hernandez, Omar Guerrero, Karla Valdez, Karen Garcia They requested the following changes in the 30 -day car impound policy: 1) "That an undocumented driver has the right to call a driver with a license to take the car; 2) If no one would come to drive the car within the 20 -minute window, the car will be impounded for one day; 3) The next day, a driver with license could recover the car after paying their fine to the SRPD." The following members of Youth Concilio also addressed the City Council: Daisy Mazariegos, Dany Reyes, Walter Gonzalez, Diana Ruiz, Margodt Hernandez, Joe Ferria Mayor Boro reported that Assemblymember Huffman promised to send him a copy of the legislation currently in the Assembly dealing with the issue of impoundment. The San Rafael Police Department had been evaluating the issue and would present a recommendation to the City Council in the near future. He stated that all the work done in the Canal neighborhood was much appreciated and he thanked those in attendance this evening. Jonathan Frieman Campaigning: Reporting that Councilmember Levine had campaigned for Assembly while sitting at the San Rafael City table at the Farmers' Market a couple of Thursdays ago, Mr. Frieman indicated that Government Code Section 8314 stated it was unlawful for any elected local officer to use public resources for campaign activity. Barry Taranto Video Streaming of public meetings: Mr. Taranto stated that Gus Bush, Information Technology Manager, should receive the Employee of the Quarter award for putting the public meetings online. Target: Mr. Taranto indicated he would help the Referendum as a result of watching the Target video. T.J.Max: Mr. Taranto supported the proposed replacement of Borders with T.J. Max. Pedestrian Crossinq in Terra Linda: Mr. Taranto urged that pedestrians be made more important in Terra Linda. CONSENT CALENDAR: 3. Approval of Minutes of Regular City Council Meeting of June 6, 2011 (CC) Minutes 06/06/2011 Minutes approved as submitted 4. Resolution of Appreciation to Jeff Kirchmann for 15 Years of Service on the San Rafael Planning Commission (CD) - File 102 x 9-2-6 RESOLUTION NO. 13168 - RESOLUTION OF APPRECIATION TO JEFF KIECHMANN FOR FIFTEEN YEARS OF SERVICE ON THE SAN RAFAEL PLANNING COMMISSION 5. Resolutions of Appreciation for Three Volunteers of Special Merit: Nicholas (Nick) Kunst, Cheryl Douglas and Lorraine Raggio (CM/FD) - File 102 x 9-3-31 x 9-3-65 2 RESOLUTION NO. 13169 - RESOLUTION OF APPRECIATION TO NICHOLAS KUNST, VOLUNTEER OF SPECIAL MERIT RESOLUTION NO. 13170 - RESOLUTION OF APPRECIATION TO CHERYL DOUGLAS, VOLUNTEER OF SPECIAL MERIT RESOLUTION NO. 13171 - RESOLUTION OF APPRECIATION TO LARRAINE RAGGIO, VOLUNTEER OF SPECIAL MERIT 6. Resolution Granting an Appeal From 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 Boxing Event RESOLUTION NO. 13172 - RESOLUTION GRANTING AN APPEAL FROM THE DENIAL OF A FACILITY USE PERMIT FOR THE USE OF ALBERT PARK BASEBALL FIELD AND STADIUM FOR A PROFESSIONAL BOXING EVENT 7. Monthly Investment Report for Month Ending May, 2011 (Fin) - File 8-18 x 8-9 Investment Report May 2011 Accepted Monthly Investment Report for Month Ending May, 2011, as presented. 8. Resolution Establishing the Classifications of Fund Balance in Accordance with Governmental Accounting Standards Board Statement No. 54 (Fin) - File 8-9 GASB 54 RESOLUTION NO. 13173 - RESOLUTION ESTABLISHING THE CLASSIFICATIONS OF FUND BALANCE IN ACCORDANCE WITH GOVERNMENTAL ACCOUNTING STANDARDS BOAFD STATEMENT NO. 54 9. Resolution Approving and Authorizing the Mayor and City Manager to Execute the Agreement Between the City of San Rafael and Marinwood Community Services District for Fire Protection and Emergency Response Services (FD) - File 4-10-130 x 9-3-31 Marinwood Agreement RESOLUTION NO. 13174 - RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARINWOOD COMMUNITY SERVICES DISTRICT FOR FIRE PROTECTION AND EMERGENCY RESPONSE SERVICES 10. Resolution of Appreciation to Brad Mark, Retiring after 20 Years of Service with the San Rafael Fire Department (FD) - File 102 x 9-3-31 RESOLUTION NO. 13175 - RESOLUTION OF APPRECIATION TO BRAD MARK, RETIRING AFTER 20 YEARS OF SERVICE WITH THE SAN RAFAEL FIRE DEPARTMENT 11. Resolution of Appreciation to Jane Curtis for her Years of Service to the Marin Literacy Program (Lib) - File 102 x 9-3-61 3 RESOLUTION NO. 13176 - RESOLUTION OF APPRECIATION TO JANE CURTIS FOR HER YEARS OF SERVICE TO THE MARIN LITERACY PROGRAM 12. Resolution Approving and Supporting Camp Chance 2011 (PD) - File 9-3-30 Camp Chance RESOLUTION NO. 13177 - RESOLUTION APPROVING AND SUPPORTING CAMP CHANCE 2011 13. Accept Completion of the Lifeline Transportation Program Canal Street Pedestrian Access and Safety Improvement Project, City Project # 11122, and Authorize the City Clerk to File the Notice of Completion (PW) Canal St. Ped. Access Approved staff recommendation. 14. Resolution Authorizing Acting Economic Development Director to Execute a Professional Services Agreement for Management Services for the Downtown Business Improvement District (From July 1, 2011 to June 30, 2012) RA) - File 224 BID Director RESOLUTION NO. 13178 - RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH JOANNE WEBSTER FOR MANAGEMENT SERVICES FOR THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (FROM JULY 1, 2011 TO JUNE 30, 2012) 15. Resolution Appointing a Business Improvement District (BID) Board of Directors (RA) - File 224 BID Board of Directors RESOLUTION NO. 13179 - RESOLUTION APPOINTING A BUSINESS IMPROVEMENT DISTRICT (BID) BOARD OF DIRECTORS 16. Report on Business Improvement District (BID) Restructuring (RA) - File 224 BID Restructuring Accepted report. Councilmember Brockbank moved and Councilmember Connolly seconded to approve the Consent Calendar as follows: AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: Councilmembers: Heller - Agenda Item #6 only ABSENT: Councilmembers: None SPECIAL PRESENTATIONS: Jeff Kirchmann, Retiring Planning Commissioner. 21 Brad Mark, Retiring Fire Captain Specialist, San Rafael Fire Department Jane Curtis, Retiring as leader of the Marin Literacy Program since 1990. Nicholas (Nick) Kunst - Volunteer of Special Merit. Lorraine Raggio - Volunteer of Special Merit Cheryl Douglas, Volunteer of Special Merit PUBLIC HEARINGS 18. Public Hearing on the Formation of the Pt. San Pedro Road Median Landscaping Assessment District and Levy of the Proposed Assessment (PW) - File 6-56 Sound temporarily interrupted. Pt. San Pedro Assessment District Nader Mansourian, Public Works Director, gave the staff presentation Mayor Boro explained the proceedings, noting a Special Meeting would be held on Wednesday, June 22, 2011 at 4:00 p.m. to announce the results. He declared the public hearing opened. Jeff Rhodes, San Rafael. inquired: a) as to what happens to the assessment when the portion pays off the bonds; b) whether those in the assessment district would be able to participate in the design process and review the documents; c) in periods of drought, whether it would be possible to use treated effluent to irrigate the plant material; d) in the event it was not necessary to increase the assessment amount, whether in fact, the assessments would not be increased or whether they could be held to a lesser amount just to reflect the actual costs; e) whether a reserve was built up to replace senile or damaged material over time; f) whether there were plans to deal with other streetscape issues. Mr. Rhodes expressed a willingness to participate in the design review of the documents should that opportunity exist. John Sanders Mr. Sanders stated he was not in support of the assessment district for the following reasons: a) now was not the time to add more taxes to those struggling to get by; b) he believed that in the first five years the assessment would increase by over 13%; c) because of the location of his residence he would receive zero benefit; d) the accelerated foreclosure for those in arrears on their taxes was troubling; e) a beneficial district should include a much wider area. Joyce Siegel Ms. Siegel stated she favored any raised taxes going towards schools, fire or police departments and not an expensive landscaping improvement. 5 Don Connor opposing the assessment stated: a) $75.00 for thirty years amounted to $6.1 million plus, and at its end would be almost $150.00 annually; b) Park & Recreation employees would not be working for the same wages, etc., as currently; c) He had worked on projects related to Proposition 218 and was well aware of how the procedure worked; d) County of Marin employees' time would be billable. Jonathan Frieman Mr. Frieman produced signs removed from the medians because of illegal placement on the public right- of-way. He noted these signs were not removed during the time the election became political. Suggesting the City was selectively enforcing a law, he believed the election should be declared null and void because of being weighted in favor. Marilee Coulton stated she was on the medians committee because she wanted to improve her community, noting the signs were paid for from private funds. She believed this was the only way to improve the medians and was in favor of the assessment. Andrew Perry Mr. Perry thanked the City Council, the forty-eight people on the median committee, the dozens of volunteers, the 215 people who donated and the nearly 500 who placed signs on their properties. He also thanked Nader Mansourian and his staff. Mr. Perry believed the $6.00 per month would buy community pride and afford good feelings. Mayor Boro Mayor Boro explained that the City Council was not voting for or against the project this evening, rather staff was being instructed to collect the ballots, tabulate them on Tuesday morning, June 21, 2011 and announce the results at the Special Meeting on Wednesday, June 22, 2011 at 4:00 p.m. The work was done by the community and the City Council approved the recommendations put forward. He invited anyone who wished to turn in their ballot to the City Clerk before he closed the public hearing. Nader Mansourian Mr. Mansourian stated staff would encourage at least four or five residents to assist in selecting a landscape architect to work on the design. He noted reclaimed water was not yet available in the area. Jim McGuire, Senior Project Manager, Willdan Financial Services: Regarding the bonds maturing, Mr. McGuire reported that the assessment would continue for ongoing maintenance and operation, which would return to the City Council annually for approval in an annual Engineer's report. The budget would increase slightly over a period of time; therefore, when the bonds finally matured, the assessments should decrease to be compensatory with the operation and maintenance costs only. Regarding whether the inflator was mandatory - that assessments would go up each year by that amount - Mr. McGuire confirmed that assessments were tied to the debt service schedule; there would be a budget for annual maintenance, which would increase over time because of inflation; however, it would not jump at the same rate as the maximum assessment. While the maximum assessment would continue to grow, the actual amount levied annually would be based on the budget and cost for that particular fiscal year. Regarding a rehabilitation reserve fund, Mr. McGuire indicated this would be very slight at the beginning because the assessments were structured to be kept as minimal as possible, assuming at some point in time (after the thirty years and the bonds were paid off) funds would need to be collected for the next rehabilitation. lXI Nader Mansourian Regarding signs left on the public right-of-way, Mr. Mansourian reported that Public Works staff removes any unpermitted signs. The coalition also removed signs when contacted. Mr. Mansourian explained that a contractor would maintain the landscape medians, overseen by Public Works staff, for which an administration fee would be charged. The City would also pay for some of the assessment. Regarding sidewalks, Mr. Mansourian believed they were not included in this landscaping. Staff would return to the City Council in the future to discuss the citywide sidewalk ordinance to possibly address some of these issues. Mayor Boro Mayor Boro stated now was the time to turn in any remaining ballots. There being no further comment from the audience Mayor Boro closed the public hearing. Mayor Boro stated the recommendation was to direct the City Clerk to tabulate the ballots and report the results at the City Council Special Meeting to be held on Wednesday, June 22, 2011, at 4:00 p.m. Councilmember Brockbank moved and Councilmember Levine seconded to approve the staff recommendation. AYES: Councilmember s: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: None ABSENT: None 19. Consideration of Ordinance Setting the Paramedic Tax Rate, Commencing with Fiscal Year 2011-2012, at the Rates Allowed in Ordinance No. 1891 for Residential and Non - Residential Properties in the City of San Rafael; and Further Confirming the Paramedic Tax Rates, Commencing with Fiscal Year 2011-2012 for Residential and Non -Residential Properties in the City of San Rafael ($89.00 for Residential and $0.12 per Square -Foot for Non -Residential Property) and the Marinwood Community Services District, County Service Area No. 13, and County Service Area No. 19 ($85.00 for Residential and $0.11 per Square -Foot for Non -Residential property (Fin) - File 9-12-1 x 9-3-31 Paramedic Tax 2011-12 Mayor Boro declared the public hearing opened. Janet Pendoley, Interim Finance Director, presented the staff report. Fire Chief Chris Gray stated that the service had been extremely successful in not only saving lives but preventing further injury. Staff was working diligently to not only contain costs but to reduce them in the future and a number of initiatives were being worked on to assist with this effort. He noted a 2% - 3% increase in the volume of calls each year. Ron Marinoff, Fire Commissioner, County Service Area 13, referring to draft EMS goals from the San Rafael Fire Department, inquired whether during this fiscal year there had been a paramedic on every shift with every engine company, and if so, why funds from the paramedic fund were not provided to Marinwood to provide the same level of service. He also inquired whether the paramedic fund was being charged the full $175,000 City cost for each paramedic or, as it should be, the difference between firefighter and firefighter/paramedic, which he understood to be approximately 12% higher for the paramedic. 7 Mr. Marinoff believed it unnecessary to take approximately $20,000 from Reserve funds to make up the shortfall in the budget when there was an overtime budget item of $940,000. Mr. Marinoff noted that based on the salary figure, the benefit figure was 90%, which appeared to be unsustainable. There being no further comment from the audience, Mayor Boro closed the public hearing. Chief Gray Regarding assignment of paramedics on San Rafael engine companies, Fire Chief Gray stated this was absolutely a goal. The paramedic fund pays for 18 full-time paramedics, with 6 paid full-time every day, assigned to ambulances. With regard to paramedics on each engine company, Chief Gray stated staff was hopeful they could continue to work with Marinwood on this issue. With reference to the $20,000 and overtime, Chief Gray explained that paramedics are maintained on duty at all times; however, efforts are made to reduce any discretionary overtime. He confirmed this was not discretionary overtime, rather purely to provide staffing, dealing with vacancy factors, etc. Staff would continue to do everything possible to curb expenses and was working on initiatives to address the 90% benefits package. The title of the ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX RATE, COMMENCING WITH FISCAL YEAR 2011-2012, AT THE RATES ALLOWED IN ORDINANCE NO. 1891 FOR RESIDENTIAL AND NON- RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL; AND FURTHER CONFIRMING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2011-2012 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL ($89.00 FOR RESIDENTIAL AND $0.12 PER SQUARE FOOT FOR NOW RESIDENTIAL PROPERTY), AND THE MARINWOOD COMMUNITY SERVICES DISTRICT, COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19. ($85.00 FOR RESIDENTIAL AND $0.11 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTY) Councilmember Connolly moved and Councilmember Heller seconded to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1896 to print by the following vote, to wit: AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: None ABSENT: None OTHER AGENDA ITEMS: 20. Consideration of Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael's Response to the 2010-2011 Marin County Grand Jury Report Entitled "Gangs of Marin: A Tale of Two Counties." (PD) - File 269 x 9-3-30 Grand Jury - Gangs of Marin Police Lieutenant Dan Fink presented the staff report. Describing both recommendations he indicated that they had already been implemented. Councilmember Heller inquired as to plans for the upcoming Marin County Fair M Lieutenant Fink explained plans for the Fair. Councilmember Brockbank moved and Councilmember Levine seconded to adopt the Resolution. RESOLUTION NO. 13180 - RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2010-2011 MARIN COUNTY GRAND JURY REPORT ENTITLED "GANGS OF MARK A TALE OF TWO COUNTIES." AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: None ABSENT: None 21. Review of City of San Rafael Budget for Fiscal Year 2011-2012 (CM) - File 8-5 Budget 2011-2012 review City Manager Nancy Mackle presented the staff report, noting this was the City Council's seventh meeting on the General Fund budget. Councilmember Heller requested that the problem of homeless encampments and fire danger be kept in the forefront as much as possible. Nancy Mackle reported that the budget does not include temporary services in the Police Department. The cost to reinstate this item in the budget would be $60,000 for the police officer time. Mayor Boro requested that staff cost out the reinstatement of the police officer position part-time and evaluate a part-time position to work in the Fire Department (Fire Captain Specialist Brad Mark's position). He also suggested that Volunteer Coordinator, Cory Bytof, work on training volunteers to supplement the part-time employees. Barry Taranto expressed concern about the reduction in Parking Services, and suggested raising parking rates. Supporting approval of the potential boxing event, he stated ways of generating more funds for the City should be explored, and he expressed concern about eliminating a police officer position. Councilmember Levine moved and Councilmember Heller seconded to accept the report. AYES: Councilmembers: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: None ABSENT: None CITY MANAGER'S REPORT: 22. None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on 23. None There being no further business, the City Council meeting was adjourned at 10:28 PM 0 ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2011 ALBERT J. BORO, Mayor 10