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Home My WebLink AboutCC Minutes 2011-08-15IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Monday, August 15, 2011 Regular Meeting San Rafael City Council Present: Albert J. Boro, Mayor Greg Brockbank, Vice -Mayor Damon Connolly, Councilmember Barbara Heller, Councilmember Marc Levine, Councilmember OPEN SESSION - COUNCIL CHAMBERS - 7:00 PM 1. None MINUTES Also Present: Nancy Mackie, City Manager Robert F. Epstein, City Attorney Esther Beirne, City Clerk CLOSED SESSION - CONFERENCE ROOM 201 - 7:00 PM 2. None ORAL COMMUNICATIONS OF AN URGENCY NATURE - 8:00 PM SMART METERS: Vicki Sievers thanked the City Council and Assistant City Manager Jim Schutz for the exceptional letter written to the CPUC and PG&E. Robert Ernst also expressed thanks for the letter and requested continued vigilance. CONSENT CALENDAR: Councilmember Connolly moved and Councilmember Brockbank seconded to approve the Consent Calendar as follows: 3. Consent Calendar Items: a. Approval of Minutes of City Council Meetings of July 18 and August 1, 2011 (CC) Minutes 7/18/11 Minutes 8/1/11 Minutes approved as submitted. b. Independent Expenditures: (CA)- File 9-4 - Independent Expenditures 1 1) Consideration of a Resolution Establishing Procedures for Administrative Hearings on Violations of San Rafael Municipal Code Chapter 1.16 Regulating Disclosure and Reporting of Independent Expenditures in City Elections. RESOLUTION NO. 13226 - RESOLUTION ESTABLISHING PROCEDURES FOR ADMINISTRATIVE HEARINGS ON VIOLATIONS OF SAN RAFAEL MUNICIPAL CODE CHAPTER 1.16 REGULATING DISCLOSURE AND REPORTING OF INDEPENDENT EXPENDITURES IN CITY ELECTIONS 2) Consideration of a Resolution Establishing a Schedule of Administrative Penalties for Violations of San Rafael Municipal Code Chapter 1.16 Regulating Disclosure and Reporting of Independent Expenditures in City Elections. RESOLUTION NO. 13227 - RESOLUTION ESTABLISHING A SCHEDULE OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF SAN RAFAEL MUNICIPAL CODE CHAPTER 1.16 CONCERNING DISCLOSURE AND REPORTING OF INDEPENDENT EXPENDITURES IN CITY ELECTIONS Independent Expenditures Guidelines C. Resolution Authorizing Execution of an Agreement Between George Hills Company, Inc. and City of San Rafael for Liability Claims Administration From July 1, 2011 through June 30, 2014 (CA) — File 4-10-323 George Hills Agr. RESOLUTION NO. 13228- RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GEORGE HILLS COMPANY FOR THE PROVISION OF THIRD PARTY LIABILITY CLAIMS ADMINISTRATION SERVICES FOR A THREE-YEAR PERIOD (JULY 1, 2011 TO JUNE 30, 2014) d. Second Reading and Final Adoption of Ordinance No. 1897 - (CD) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DELETING FROM THE SAN RAFAEL MUNICIPAL CODE CHAPTER 12.46 (REQUIREMENT TO DIVERT CONSTRUCTION AND DEMOLITION DEBRIS FROM LANDFILL), AND ADDING NEW CHAPTER 12.46 (CONSTRUCTION AND DEMOLITION MATERIALS RECOVERY) — File 4-13-96 x 13-1 x 4-3-32 Ordinance 1897 Approved final adoption of Ordinance No. 1897. e. Resolution Authorizing Assistant City Manager to Execute a Contract with HF and H Consultants, LLC in an Amount Not to Exceed $53,000 for Work on Refuse Rates and Services for the Cities of San Rafael and Larkspur, Town of Ross, Las Gallinas Sanitary District and Ross Valley -South (CM) — File 4-3-306 HF&H Agr. RESOLUTION NO. 13229- RESOLUTION AUTHORIZING ASSISTANT CITY MANAGER TO EXECUTE A CONTRACT WITH HF & H CONSULTANTS, LLC IN AN AMOUNT NOT TO EXCEED $54,000 FOR WORK ON REFUSE RATES AND SERVICES FOR THE CITIES OF SAN RAFAEL & LARKSPUR, TOWN OF ROSS, LAS GALLINAS SANITARY DISTRICT AND ROSS VALLEY -SOUTH Monthly Investment Report for Month Ending July, 2011 (Fin) — File 8-18 x 8-9 2 Investment Report 7/11 Accepted report. g. Second Reading and Final Adoption of Ordinance No. 1898 - (Fin) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, CALIFORNIA, AMENDING CHAPTER 3.34 OF THE SAN RAFAEL MUNICIPAL CODE ESTABLISHING A FEE AND SERVICE CHARGE REVENUE/COST COMPARISON SYSTEM, BY REVISING SECTION 3.34.040 — File 9-10-2 Ordinance 1898 Approved final adoption of Ordinance No. 1898. Resolution Amending Agreement Between the City of San Rafael and Janet Pendoley to Provide Interim Services as a Finance Director (MS) — File 4-3-520 Interim Finance Director Agr. RESOLUTION NO. 13219 - RESOLUTION AMENDING THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND JANET PENDOLEY TO PROVIDE INTERIM SERVICES AS A FINANCE DIRECTOR j. Resolution to Amend the SEIU Local 1021 Salary Schedule to Modify the Salary Range for the Sewers Supervisor (SRSD) (MS) — File 7-8-1 SEIU Sewers Supervisor Salary Range RESOLUTION NO. 13220 - RESOLUTION TO AMEND THE SEIU LOCAL 1021 SALARY SCHEDULE TO MODIFY THE SALARY RANGE FOR THE SEWERS SUPERVISOR (SRSD) k. Resolution Approving and Authorizing the City Manager to Execute A Professional Services Agreement Between The City of San Rafael and the County of Marin for Fiscal Year 2011/2012 for Services Coordinating the San Rafael Community Coalition for the Prevention of Alcohol, Tobacco and Other Drug Use, and Accepting Grant Funds (PD) — File 9-3-30 Agr.- Prevention of Alcohol, Tobacco and Other Drug Use RESOLUTION NO. 13221 - RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE COUNTY OF MARIN FOR FISCAL YEAR 2011/2012 FOR SERVICES COORDINATING THE SAN RAFAEL COMMUNITY COALITION FOR THE PREVENTION OF ALCOHOL, TOBACCO AND OTHER DRUG USE, AND ACCEPTING GRANT FUNDS. Accept Completion of the Freitas Parkway and Las Gallinas Avenue Resurfacing 2010 Rebid, Project No. 11152, and Authorize the City Clerk to File the Notice of Completion (PW) — File 4-1-619 Completion of Freitas Parkway, etc. Approved staff recommendation. M. Resolution Approving the Allocation of an Amount not to Exceed Two Hundred and Seventy Five thousand Dollars ($275,000) from Affordable Housing Funds for the Purchase of a Below Market Rate Housing Unit 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-173 x R-103 BMR - Aug, 2011 RESOLUTION NO. 13222 - RESOLUTION APPROVING THE ALLOCATION OF AN AMOUNT NOT TO EXCEED TWO HUNDRED AND SEVENTY-FIVE THOUSAND DOLLARS ($275,000) FROM AFFORDABLE HOUSING FUNDS FOR THE PURCHASE OF A BELOW MARKET RATE HOUSING UNIT 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 n. Resolution Authorizing Street Closures for the West End Neighborhood Annual Picnic on Sunday, September 18, 2011 on Neame Avenue from Santa Margarita to West Crescent Drive from 8:00 a.m. - 6:00 p.m. (RA) — File 11-19 West End Picnic Street Closure RESOLUTION NO. 13223 - RESOLUTION AUTHORIZING STREET CLOSURE FOR THE WEST END NEIGHBORHOOD ANNUAL PICNIC - NEAME AVENUE FROM SANTA MARGARITA TO WEST CRESCENT DRIVE ON SUNDAY, SEPTEMBER 18, 2011 FROM 8:00 AM TO 6:00 PM AYES: Councilmembers: Brockbank, Connolly, Heller Levine, Mayor Boro NOES: None ABSENT: None The following item was removed from the Consent Calendar by Mr. Jeff Brusati, for discussion: h. Resolution Establishing a New Schedule of Parking Penalties and Late Payment Penalties for Notices of Parking Violations, and Rescinding Resolution No. 12317 (MS) — File 9-3-87 x 9-10-2 Parking Penalties Jeff Brusati stated that the aggressive enforcement of parking meters was the issue, not parking. Staff and Council discussion: Vince Guarino, Parking Services Manager, Mayor Boro Vince Guarino Nancy Mackle, City Manager Jim Schutz, Assistant City Manager 4 Councilmember Brockbank Jim Schutz Vince Guarino RESOLUTION NO. 13224- RESOLUTION ESTABLISHING A NEW SCHEDULE OF PARKING PENALTIES AND LATE PAYMENT PENALTIES FOR NOTICES OF PARKING VIOLATIONS AND RESCINDING RESOLUTION NO. 12317 Councilmember Levine moved and Councilmember Heller seconded to adopt the Resolution AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro NOES: None ABSENT: None OTHER AGENDA ITEMS: 4. Other Agenda Items: a. Resolution Expressing Support for the Proposal of Centerfield Partners, LLC for a Three - Year Agreement to Utilize Albert Park Stadium and Baseball Field for a Professional Minor League Baseball Team (CS) — File 9-3-66 Baseball at Albert Park Mayor Boro reported that late this afternoon Centerfield Partners requested a continuance of this item until September 19, 2011 while they look further into the issues regarding the baseball proposal for Albert Park. Although notice was received late in the afternoon, the community had been notified. Barry Taranto expressed concern about the delay. Councilmember Levine moved and Councilmember Heller seconded to continue the item. AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro NOES: None ABSENT: None b. Consideration of Resolution Approving and Authorizing the Mayor to Execute the City of San Rafael's Response to the 2010-2011 Marin County Civil Grand Jury Report Entitled "Public Sector Pensions: A Perspective" (MS) — File 269 x 9-3-11 Grand Jury Response - Public Sector Pensions Jim Schutz presented the staff report. Councilmember Levine moved and Councilmember Brockbank seconded to adopt the Resolution. RESOLUTION NO. 13225 - RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2010-2011 MARIN COUNTY GRAND JURY REPORT ENTITLED "PUBLIC SECTOR PENSIONS: A PERSPECTIVE" 5 AYES: Councilmembers NOES: None ABSENT: None CITY MANAGER'S REPORT: 5. None Brockbank, Connolly, Heller, Levine, Mayor Boro COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on meetinqs and conferences attended at Citv expense 6. None ADJOURNMENT 8:40 PM ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2011 ALBERT J. BORO, Mayor m