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Home My WebLink AboutCC Minutes 2011-07-05IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, July 5, 2011 Regular Meeting San Rafael City Council Present: Mayor Boro Vice -Mayor Brockbank Councilmember Connolly Councilmember Heller Councilmember Levine MINUTES Also Present Nancy Mackie, City Manager Robert F. Epstein, City Attorney Esther Beirne, City Clerk OPEN SESSION - COUNCIL CHAMBERS - 6:30 PM 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 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, SEW 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 - 8:09 PM CONSENT CALENDAR: 3. Approval of Minutes of Regular City Council Meeting of June 20, 2011 and Special Meeting of June 22, 2011 (CC) Minutes 6/20/2011 - Approved as submitted Minutes 6/22/2011 1 4. Resolution Accepting Grant from the Marin Community Foundation for the Resilient Businesses Program and Authorizing the City Manager to Execute Agreements with Natural Capitalism, The environmental Finance Center at Dominican University and SEO Copywriting for Consulting Services Associated with the Marin Community Foundation Grant (CD) — File 226 x 4-3-524 MCF Grant RESOLUTION NO. 13181 - RESOLUTION ACCEPTING A GRANT FROM THE MARIN COMMUNITY FOUNDATION FOR THE RESILIENT BUSINESSES PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH NATURAL CAPITALISM, THE ENVIRONMENTAL FINANCE CENTER AT DOMINICAN UNIVERSITY AND SEO COPYWRITING FOR CONSULTING SERVICES ASSOCIATED WITH THE MARIN COMMUNITY FOUNDATION GRANT 5. Resolution Approving the Application for Statewide Park Program Grant Funds (CS) — File 9-3-65 Statewide Park Program RESOLUTION NO. 13182 - RESOLUTION APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS 6. Resolution Approving a Contract Amendment (CSPP-1282) with the Department of Education which Provides $149,630 in Funds for Fiscal Year 2011-2012 for Child Development Services and Authorizing the City Manager to Sign Contract Documents (CS) File 4-10-238 x 9-3-65 Childcare RESOLUTION NO. 13183 - RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT (CSPP- 1282) WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $149,630 7. Second Reading and Final Adoption of Ordinance No. 1896 (Fin)- 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 NOW 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 Ord. Approved final adoption of Ordinance No. 1896. 8. Resolutions: (Fin) — File 8-5 2 a) Appropriating Unappropriated Revenues for Fiscal Year 2010-2011; and a) RESOLUTION NO. 13184 - RESOLUTION APPROPRIATING UNAPPROPRIATED REVENUES FOR FISCAL YEAR 2010-2011 b) Approving Fiscal Year 2011-2012 Gann Appropriation Limit a) RESOLUTION NO. 13185 - RESOLUTION APPROVING FISCAL YEAR 2011-2012 GANN APPROPRIATIONS LIMIT AT $100,987,678 Gann, etc 9. Resolution Authorizing the Mayor and City Clerk to Execute an Agreement Between the County of Marin and the City of San Rafael Regarding the Marin Literacy Program / General Services (From 7/1/11 - 9/30/11 (Lib) — 4-13-86 x 9-3-61 Literacy - General Services RESOLUTION NO. 13186 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING THE MARIN LITERACY PROGRAM / GENERAL SERVICES (From 7/1/11 — 9/30/11) 10. Resolution Authorizing the Mayor and City Clerk to Execute an Agreement Between the County of Marin and the City of San Rafael for Literacy / F.L.A.G.SHIP Services (From 7/1/11 - 6/30/12 (Lib) — File 4-13-86 x 9-3-61 Literacy - FLAGship RESOLUTION NO. 13187 - RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL FOR LITERACY / F.L.A.G.SHIP SERVICES (From 7/1/11 — 6/30/12) 11. Baypoint Lagoon Landscaping and Lighting District Annual Report: (PW) — File 6-48 #10 a) Resolution Directing Filing of Engineer's Annual Report 2011/2012 a) RESOLUTION NO. 13188 - RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL REPORT 2011/2012 — BAYPOINT LAGOONS LANDSCAPING & LIGHTING DISTRICT (Pursuant to the Landscaping Act of 1972) b) Resolution Approving Engineer's Annual Report 2011/2012 b) RESOLUTION NO. 13189 - RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT 2011/2012 -BAYPOINT LAGOONS LANDSCAPING & LIGHTING DISTRICT (Pursuant to the Landscaping Act of 1972) C) Resolution of Intention to Order Improvements and Setting Public Hearing on Annual Assessment for City Council Meeting of July 18, 2011) c) RESOLUTION NO. 13190 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND SETTING PUBLIC HEARING ON ANNUAL ASSESSMENT FOR CITY COUNCIL MEETING ON JULY 18, 2011 - BAYPOINT LAGOONS LANDSCAPING & LIGHTING DISTRICT (Pursuant to the Landscaping Act of 1972) Baypoint Lagoons Councilmember Levine moved and Councilmember Brockbank seconded to approve the Consent Calendar. AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro NOES: None ABSENT: None Minutes 6/20/2011 Minutes of 6/20/2011 removed from Consent Calendar by Councilmember Levine. After discussion, Councilmember Levine moved and Councilmember Heller seconded to approve the minutes of June 20, 2011 with the following comment made by Councilmember Levine to be inserted into the record: "Mr. Levine stated that Mr. Frieman's comments on campaigning made in Open Time at the City Council meeting of June 20, 2011 were unsubstantiated and untrue." AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro NOES: None ABSENT: None OTHER AGENDA ITEMS: 12. Budget: (Fin) — File 8-5 Nancy Mackle Janet Pendoley presented the staff report. Councilmember Heller noted Ms. Pendoley made her presentation from memory. Councilmember Brockbank suggested that resolution of the legal issue by the California Redevelopment Agency was likely to take longer than August. Ms. Mackle gave a verbal report on staffs efforts since the meeting of June 20, 2011 regarding fire, Wildland Urban Interface and homeless encampments. Mayor Boro suggested that perhaps volunteers could be trained to locate and report areas where homeless interfaces with open space. Councilmember Heller concurring with Mayor Boro's suggestion, stated that utilizing the San Quentin Fire crews could be a great benefit to the community. Councilmember Brockbank stated he did not recall the City Council providing direction to reconsider this issue, other than Councilmember Heller's comments to keep it in the forefront. Ms. Mackle stated she took this from comments made by Councilmember Heller and subsequently Mayor Boro. 4 Ms. Mackle recognized and thanked Janet Pendoley for her work on the budget. She also thanked the staff in Finance and Human Resources. Brian Slattery thanked Mayor Boro for his many years of service. Expressing concern with regard to the Police Department budget, he urged the City Council to investigate restoring positions. Matia Esgar, Terra Linda Tow, stated that since 2007 there had been a drastic increase in rates; however, San Rafael's rates were lower, and she requested that the City Council evaluate and discuss the issue. Mayor Boro stated the current budget shows no further decrease in public safety and the City was doing everything possible to continue the level of public safety enjoyed to date. Jim Schutz, Assistant City Manager, referring to the comment "reserves we did not know we had" clarified that the $500,000 mentioned by the Interim Finance Director was recommended by the City Manager at the direction of the City Council to rebuild reserves. It was not newly found money, rather funds that for months were intended to be built back into the reserves. Councilmember Heller questioned whether this was the $45,000. Ms. Mackle noted reserves usually mean General Fund Mayor Boro clarified that the $45,000 figure mentioned to sustain the effort as far as possible to urban wildland, fire and patrolling for homeless encampments would come from the existing reserve fund. Funds were allocated in the budget to by year end increase the reserve fund by $500,000. Ms. Mackle stated that with her verbal addition to the budget this evening, staff hoped to be in a position to increase reserves by $500,000, minus $45,000. Ms. Mackle reported that the Capital Improvement Program was presented extensively to the City Council a few meetings ago by the Public Works Department and there was nothing new to report. Ms. Mackle reported that staff met with the Measure 'S' committee and they had provided a written report stating that the City was in compliance. a) Resolution Adopting Amendments to the City of San Rafael Budget for Fiscal Year 2010- 2011 (Fin) RESOLUTION NO. 13191 - RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2010-2011 FOR THE PURPOSE OF REVISING THE FINAL FISCAL YEAR 2010-2011 BUDGET Councilmember Levine moved and Councilmember Heller seconded to adopt the Resolution. AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro NOES: None ABSENT: None b) Resolution Adopting City of San Rafael Budget for Fiscal Year 2011-2012 5 RESOLUTION NO. 13192 - RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR 2011- 2012 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET IN THE AMOUNT OF $82,431,710 Councilmember Heller moved and Councilmember Levine seconded to adopt the Resolution. AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro NOES: None ABSENT: None C) Resolution Adopting Capital Improvement (CIP) Program RESOLUTION NO. 13193 - RESOLUTION APPROVING A FIVE-YEAR CAPITAL IMPROVEMENT PROJECT (CIP) PLAN FOR FISCAL YEARS 2011-2012 THROUGH 2015-2016 Councilmember Brockbank moved and Councilmember Connolly seconded to adopt the Resolution AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro NOES: None ABSENT: None d) Resolution Adopting Report from Measure 'S' Committee RESOLUTION NO. 13194 - RESOLUTION ADOPTING THE MEASURE `S' COMMITTEE REPORT COVERING THE PROPOSED FISCAL YEAR 2011-2012 GENERAL FUND BUDGET Councilmember Connolly moved and Councilmember Brockbank seconded to adopt the Resolution AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro NOES: None ABSENT: None Budget 2011-12 CITY MANAGER'S REPORT: 13. None COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234 Reports on meetinqs and conferences attended at Citv expense 14. Dredging: Mayor Boro reported that last week he and Richard Landis, Administrative Manager, Public Works, accompanied the Colonel from the Corps of Engineers and Project Manager on a tour of the San Rafael Canal. He believed funding was available to proceed with the dredging and bids would soon be sought. — File 9-1 x 12-10 ADJOURNMENT: 9:47 PM 0 ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2011 ALBERT J. BORO, Mayor