HomeMy WebLinkAboutCC Minutes 2011-07-18IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, July 18, 2011
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.F,I. .
MINUTES
Regular Meeting
San Rafael City Council
Mayor Boro
Present: Vice -Mayor Brockbank
Councilmember Connolly
Councilmember Heller
Councilmember Levine
OPEN SESSION - COUNCIL CHAMBERS - 7:00 PM
Also present: City Manager Nancy Mackle
Deputy City Attorney II Lisa Goldfien
City Clerk Esther Beirne
Mayor Boro announced Closed Session item.
CLOSED SESSION - CONFERENCE ROOM 201 - 7:00 PM
2. Closed Session Item:
a) CONFERENCE WITH LABOR NEGOTIATORS - (Gov. Code Section 54957.6(a))
1) NEGOTIATORS: Nancy Mackie, Jim Schutz, Leslie Loomis, 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, 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.
Deputy City Attorney 11 Lisa Goldfien announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE - 8:14 PM
Barry Taranto acknowledged retiring Chief of Police Matt Odetto for his great work; he suggested that
more commerce be encouraged at Marin Square and requested that something be done about the
Gateway Gas Station in Terra Linda.
David Mayer thanked Chief of Police Odetto for his work and congratulated staff on the recent excellent
Planning Academy in which he participated. He expressed concern regarding the lack of no -smoking
enforcement at the Transit Center.
CONSENT CALENDAR:
3. Consent Calendar Items:
Mayor Boro stated he wished to remove Items 3d. through 3n. from the Consent Calendar, for comment.
a. Approval of Minutes of Regular City Council Meeting of July 5, 2011 (CC)
Minutes 7/5/2011
Minutes approved as submitted.
b. Designation of Voting Delegate to the League of California Cities Annual Conference -
September 21-23, 2011, in San Francisco (CC) — File 9-11-1
League Voting Delegate Sept. 11
Approved staff recommendation to designate Vice -Mayor Brockbank as Voting Delegate to the League of
California Cities Annual Conference - September 21-23, 2011 in San Francisco.
C. Resolution Authorizing the Temporary Closure of Mission Avenue between C and E
Streets on Saturday, August 13, 2011 from 8:00 a.m. - 8:00 p.m. for the San Rafael Food &
Wine Festival (RA) - File 11-19
Street closure - Food & Wine
RESOLUTION NO. 13195 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF MISSION
AVENUE BETWEEN C STREET AND E STREET FOR THE SAN RAFAEL FOOD AND WINE FESTIVAL
o. Monthly Investment Report for Month Ending June, 2011 (Fin) — File 8-18 x 8-9
Investment Report June 2011
Accepted Monthly Investment Report for Month Ending June, 2011, as presented.
P. Resolution Approving Use of and Acceptance of Federal Justice Assistance Grant Funds
in the Amount of $20,749 for Increased Gang Enforcement within the City of San Rafael
and the Unincorporated Areas of Marin County (PD) — File 9-3-30
JAG Grant
RESOLUTION NO. 13196 — RESOLUTION APPROVING USE OF AND ACCEPTANCE OF FEDERAL
JUSTICE ASSISTANCE GRANT FUNDS IN THE AMOUNT OF $20,749.00 FOR INCREASED GANG
ENFORCEMENT WITHIN THE CITY OF SAN RAFAEL AND THE UNINCORPORATED AREAS OF
MARIN COUNTY
q. Resolution Waiving Competitive Bidding Requirements and Authorizing the Sole Source
Purchase of a Parking Services Enforcement "GO -4" Buggy in the Amount of $34,326.06
(PW) — File x 9-3-87
Go -4 Buggy Parking
RESOLUTION NO. 13197 — RESOLUTION TO WAIVE COMPETITIVE BIDDING REQUIREMENTS AND
AUTHORIZE THE SOLE SOURCE PURCHASE OF A PARKING SERVICES ENFORCEMENT "GO -4"
BUGGY IN THE AMOUNT OF $34,326.06
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r. Resolution Accepting a Proposal from Siegfried Engineering, Inc. for the Design and
Environmental Permitting Assistance of the Grand Avenue Pathway Connector Project
and Authorizing the Public Works Director to Enter into a Professional Services
Agreement with Siegfried Engineering, Inc. for an Amount Not to Exceed $158,984.00 (PW)
File 4-3-522
PSA Siegfried
RESOLUTION NO. 13198 — RESOLUTION ACCEPTING A PROPOSAL FROM SIEGFRIED
ENGINEERING, INC. FOR DESIGN AND ENVIRONMENTAL PERMITTING ASSISTANCE FOR THE
GRAND AVENUE PATHWAY CONNECTOR PROJECT AND AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SIEGFRIED
ENGINEERING, INC. FOR AN AMOUNT NOT TO EXCEED $158,984.00
S. Resolution Authorizing Temporary Closure of City Streets for the 5th Annual Great
American Blues & BBQ Festival on Saturday, September 10, 2011 from 6:30 a.m. until 9:00
p.m. (RA) — File 11-19
Street Closure - Blues & BBQ
RESOLUTION NO. 13199 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF CITY
STREETS FOR THE FIFTH ANNUAL GREAT AMERICAN BLUES & BBQ FESTIVAL ON SATURDAY,
SEPTEMBER 10, 2011, FROM 6:30 AM TO 9:00 PM
Councilmember Levine moved and Councilmember Brockbank seconded to Approve the Consent
Calendar items:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
Mayor Boro reported that the City had successfully reached agreement with all bargaining units to reduce
total compensation by 4% annually for the next two years. This is an across -the board agreement
affecting safety and non -safety. This action will reduce the budget deficit by $1.4 million with no decline in
public safety services. He noted pension savings were also achieved by introducing a second tier for all
new employees hired after 2011. Mayor Boro noted that San Rafael is one of the few cities where
employees on average pay 11 % into the pension fund. He thanked City staff and the members of the
bargaining units for the successful outcome of negotiations.
Councilmember Levine moved and Councilmember Heller seconded to approve the following Consent
Calendar items:
AYES: Councilmembers: Brockbank, Connolly, Heller Levine, Mayor Boro
NOES: None
ABSENT: None
d. Resolution Approving Memorandum of Understanding (MOU) Pertaining to Compensation
and Working Conditions for Public Employees Union Local One - Confidential Bargaining
Unit [Local 1 - Confidential] (July 1, 2011 Through June 30, 2013 (MS) — File 7-8-7
Local 1
RESOLUTION NO. 13200 — RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR LOCAL 1 —
CONFIDENTIAL EMPLOYEES (JULY 1, 2011 THROUGH JUNE 30, 2013)
e. Resolution Approving a Memorandum of Understanding (MOU) Pertaining to
Compensation and Working Conditions for the Western Council of Engineers (July 1, 2011
Through June 30, 2013 (MS) — File 7-8-8
WCE
RESOLUTION NO. 13201 — RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR WESTERN COUNCIL
OF ENGINEERS (JULY 1, 2011 THROUGH JUNE 30, 2013)
Resolution Approving Memorandum of Understanding (MOU) Pertaining to Compensation
and Working Conditions for Service Employees International Union, SEIU Local 1021 (July
1, 2011 Through June 30, 2013 (MS) — File 7-8-1
SEIU
RESOLUTION NO. 13202 — RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR SERVICE
EMPLOYEES INTERNATIONAL UNION, SEIU LOCAL 1021 (JULY 1, 2011 THROUGH JUNE 30, 2013)
g. Resolution Approving a Memorandum of Understanding (MOU) Pertaining to the
Compensation and Working Conditions for Employees Represented by the San Rafael
Firefighters' Association IAFF, Local 1775 (July 1, 2011 through June 30, 2013 (MS)
File 7-8-2
Firefighters' Assn.
RESOLUTION NO. 13203 — RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR EMPLOYEES
REPRESENTED BY THE SAN RAFAEL FIREFIGHTERS' ASSOCIATION IAFF, LOCAL 1775 (JULY 1,
2011 THROUGH JUNE 30, 2013)
h. Resolution Approving a Memorandum of Understanding (MOU) Pertaining to the
Compensation and Working Conditions for Employees Represented by the San Rafael Fire
Chief Officers' Association (July 1, 2011 through June 30, 2013) (MS) — 7-8-5b
Fire Chief Officers' Assn
RESOLUTION NO. 13204 — RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR EMPLOYEES
REPRESENTED BY THE SAN RAFAEL FIRE CHIEF OFFICERS' ASSOCIATION (JULY 1, 2011
THROUGH JUNE 30, 2013)
i. Resolution Approving Memorandum of Understanding (MOU) Pertaining to Compensation
and Working Conditions for Employees Represented by the San Rafael Police Association
(July 1, 2011 through June 30, 2013) (MS) — File 7-8-3
Police Assn.
RESOLUTION NO. 13205 — RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR EMPLOYEES
REPRESENTED BY THE SAN RAFAEL POLICE ASSOCIATION (JULY 1, 2011 THROUGH JUNE 30,
2013)
j. Memorandum of Understanding (MOU) Pertaining to Compensation and Working
Conditions for Employees Represented by San Rafael Police Mid -Management
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Association (July 1, 2011 through June 30, 2013 (MS) — File 7-8-5
Police Mid -Management
RESOLUTION NO. 13206 — RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING
(MOU) PERTAINING TO COMPENSATION AND WORKING CONDITIONS FOR EMPLOYEES
REPRESENTED BY THE SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION (JULY 1, 2011
THROUGH JUNE 30, 2013)
k. Resolution Establishing the Compensation and Working Conditions for Unrepresented
Management Employees ("Managers") (effective July 1, 2011 through June 30, 2013) (MS)
File 7-3
Management
RESOLUTION NO. 13207 — RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING
CONDITIONS FOR UNREPRESENTED MANAGEMENT EMPLOYEES ("MANAGERS") (JULY 1, 2011
THROUGH JUNE 30, 2013)
I. Resolution Establishing the Compensation and Working Conditions for Unrepresented
Mid -Management Employees ("Mid -Managers") (effective July 1, 2011 through June 30,
2013 (MS) File 7-3
Mid -Management
RESOLUTION NO. 13208 — RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING
CONDITIONS FOR UNREPRESENTED MID -MANAGEMENT EMPLOYEES ("MID -MANAGERS") (JULY
1, 2011 THROUGH JUNE 30, 2013)
M. Resolution Establishing the Compensation and Working Conditions for the Elected City
Clerk and Elected Part -Time City Attorney (Effective July 1, 2011 through June 30, 2013)
(MS) — File 9-3-14 x 9-3-16
Clerk and Attorney
RESOLUTION NO. 13209 - RESOLUTION ESTABLISHING THE COMPENSATION AND WORKING
CONDITIONS FOR THE ELECTED CITY CLERK AND ELECTED PART-TIME CITY ATTORNEY
(Effective JULY 1, 2011 THROUGH JUNE 30, 2013)
n. Resolution Directing the City Manager and the City Finance Director to Withhold Five (5%)
Percent of the Monthly Compensation of the Mayor and Councilmembers During Fiscal
Years 2011-2012 and 2012-2013 and to Donate Said Funds Into the City's General Fund
(MS) — File 9-1
City Council
RESOLUTION NO. 13210 — RESOLUTION DIRECTING THE CITY MANAGER AND CITY FINANCE
DIRECTOR TO WITHHOLD FIVE (5%) PERCENT OF THE MONTHLY COMPENSATION OF THE
MAYOR AND COUNCILMEMBERS DURING FISCAL YEAR 2011-2012 AND FISCAL YEAR 2012-2013
AND TO DONATE SAID FUNDS INTO THE CITY'S GENERAL FUND
PUBLIC HEARINGS
4. Public Hearing Items:
a. Consideration of Draft Amendments to San Rafael General Plan 2020 Including an Update
of the Housing Element, Amendments to Conservation Element Policy CON -3
(Unavoidable Filling of Wetlands), Amendments to Policies, Programs and Text Related to
the Project Selection Process, and a New Sustainability Element (GPA 11-001) (CD) — File
115 (2020)
b) Adopt Resolution recommending to the City Council adoption of General Plan
Amendment GPA 11-001
Linda Jackson, Principal Planner, gave the staff presentation.
Councilmember Heller
Councilmember Brockbank
Paul Jensen, Planning Manager
Councilmember Connolly
Nancy Mackle
Mayor Boro declared the public hearing opened.
Bill Carney
There being no further comment, Mayor Boro closed the public hearing.
Councilmember Brockbank moved and Councilmember Connolly seconded to adopt the resolution.
1) RESOLUTION 13211 - RESOLUTION ADOPTING ADDENDUM NO. 2 TO THE
CERTIFIED SAN RAFAEL GENERAL PLAN 2020 FINAL ENVIRONMENTAL
IMPACT REPORT (FEIR) (SCH# 2003052031) PREPARED FOR GENERAL
PLAN AMENDMENT GPA 11-001 (HOUSING ELEMENT UPDATE, NEW
SUSTAINABILITY ELEMENT, AMENDMENT TO CONSERVATION ELEMENT
POLICY CON -3, AND ELIMINATION OF PROJECT SELECTION PROCESS)
AND APPROVAL OF A GREENHOUSE GAS EMISSIONS REDUCTION
STRATEGY
AYES: Councilmembers: Brockbank, Councilmember Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
Councilmember Levine moved and Councilmember Brockbank seconded, to adopt the resolution.
2) RESOLUTION NO. 13212- RESOLUTION APPROVING AN AMENDMENT TO
THE SAN RAFAEL GENERAL PLAN 2020 ADOPTING: A) AN UPDATE OF
THE HOUSING ELEMENT (5 -YEAR UPDATE); B) A NEW SUSTAINABILITY
ELEMENT; C) AN AMENDMENT TO CONSERVATION ELEMENT POLICY
CON -3 (WETLAND PRESERVATION); AND D) ELIMINATION OF THE CITY'S
PROJECT SELECTION PROCESS (PSP) GPA 11-001
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AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
b. Greenhouse Gas (GHG) Emissions Reduction Strategy, a Technical Appendix to Adopted
Climate Change Action Plan (P11-009) (CD) — File 13-1 x 9-3-85
GHG Reduction Strategy
Bob Brown, Community Development Director, gave the staff presentation.
Councilmember Levine
Councilmember Brockbank moved and Councilmember Connolly seconded to adopt the resolution.
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
C. Baypoint Lagoons Landscaping and Lighting District: Resolution Confirming Diagram and
Assessment and Levying Assessment for Fiscal Year 2011-2012 (PW) — File 6-48 #10
Baypoint Lagoon 2011
Mayor Boro declared the public hearing opened.
Nader Mansourian
Al Cornwell, CSW Stuber-Stroeh
There being no comment from the audience, Mayor Boro closed the public hearing.
Councilmember Heller moved and Councilmember Levine seconded to adopt the resolution.
AYES: Councilmembers: Brockbank Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
OTHER AGENDA ITEMS:
5. Other Agenda Items:
a. Baseball at Albert Park (CS) — File 9-3-66
complete report @
http://www.cityofsanrafael.org/Government/City_Clerk/CCX_Documents_for 2011_Jul_18.htm
Additional Letters
Nancy Mackle, City Manager,
Carlene McCart, Community Services Director, presented background information.
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Brian Clarke, CEO, Centerfield partners, applicant, assisted by Mike Schapiro, gave a PowerPoint
presentation.
Carlene McCart
Public Works Director, Nader Mansourian
Carlene McCart
Lisa Goldfien, Deputy City Attorney II
Carlene McCart
Council questions and comments.
Councilmember Brockbank
Nancy Mackle
Councilmember Brockbank
Carlene McCart
Councilmember Brockbank
Nader Mansourian
Councilmember Brockbank
Nader Mansourian
Councilmember Brockbank
Carlene McCart
Councilmember Brockbank
Carlene McCart
Councilmember Brockbank
Carlene McCart
Councilmember Brockbank
Carlene McCart
Councilmember Brockbank
Carlene McCart
W
Councilmember Brockbank
Nancy Mackle
Lisa Goldfien
Councilmember Heller
Mr. Clark, Centerfield Partners,
Councilmember Heller
Mr. Clark
Councilmember Connolly
Nader Mansourian
Councilmember Connolly
Nader Mansourian
Councilmember Connolly
Carlene McCart
Councilmember Connolly
Mr. Clark
Councilmember Connolly
Mr. Clark
Councilmember Levine
Mr. Clark
Councilmember Levine
Mr. Clark
Councilmember Levine
Carlene McCart
Councilmember Levine
Carlene McCart
0
Councilmember Levine
Carlene McCart
Councilmember Levine
Carlene McCart
Councilmember Levine / Ms. McCart
Mayor Boro
Mr. Clark
Mayor Boro
Mr. Clark
Mayor Boro
Mr. Clark
Mayor Boro invited public comment.
Dotty Le Mieux, attorney representing a coalition of residents in Gerstle Park and Southern Heights
Neighborhoods.
The following speakers addressed the City Council:
Eric Ahern, Steve Patterson, Ray Moritz, Suzanne Ramon, Marina Ladine, Mike Quinlan, Stephanie
Noble, Bob Beire, Beth Niles, Mia Dias, Mike Lewis, Gerstle Park Neighborhood resident, Harry Barbier,
Barbier Security Group, Brian Gannon, Brett Goldman, Aleise Leyland, Aaron Thompson, John Mitgard,
Barry Taranto.
The following speakers addressed the City Council:
David Mayer, Scott Wilmore, Hugo Landecker, Mike McDowd, Susan Bernstein, Larry Kassin, David
Moore, Dan Shine, Adina Belmont, Mike Douglas, Ken Becker, Ken Conroy, Dan Cooper, Dan Ahern,
Lori Olman, Laura Bertolli, Ken Vix.
The following speakers addressed the City Council:
Charles Scott, Nancy Hind, Jeff Brusatti, Nina Wise, Alexis Bush, Ross Fermenter, Nick Laws, Eugene
Nafario, Samantha Sergeant
Meeting Paused
Meeting Resumed
Mayor Boro stated that a lot of the issues raised could be answered this evening; however, others could
require further research, and in light of the late hour he did not think it prudent to continue, as two further
hearings were scheduled this evening. Assuming it was the sense of the Council to obtain further
answers to questions, Mayor Boro stated that in a minimum of two weeks, maximum of four weeks, staff
would return with answers to issues raised. He reported that he had invited Councilmember Connolly to
join him on a sub -committee of the City Council to work directly with staff, meeting as necessary. He
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thanked all in attendance for their endurance and patience and Centerfield Partners for their input,
together with City staff.
Councilmember Brockbank concurring with Mayor Boro, stated that he would like to see Centerfield
Partners meet with some of the opponents in the neighborhood as he was unsure whether there had
been an opportunity for that to occur. Believing there had been insufficient communication, and even
though the City Council was not responsible for ensuring this communication occurred, he believed one of
the roles of local government could be to facilitate that communication. Knowing both sides had met he
indicated he would be a lot more comfortable about voting.
Nancy Mackle stated that City staff would do anything possible to accommodate any meetings during this
timeframe in an orderly fashion.
CITY MANAGER'S REPORT:
6. None
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234
Reports on meetinqs and conferences attended at Citv expense)
7. -None
ADJOURNMENT: 12:30 AM Tuesday, July 19, 2011
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 12011
ALBERT J. BORO, Mayor
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