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HomeMy WebLinkAboutCC Minutes 2010-02-16SRCC Minutes (Regular) 02/16/2010 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 16, 2010 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, City Manager Lisa Goldfien, Deputy City Attorney 11 Esther C. Beirne, City Clerk Members of the public may speak on Agenda items. OPEN SESSION — COUNCIL CHAMBERS — 6:30 PM Mayor Boro announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 6:30 PM Present: Albert J. Boro, Mayor Damon Connolly, Vice -Mayor Greg Brockbank, Councilmember Barbara Heller, Councilmember Marc Levine, Councilmember Absent: None Conference with Labor Negotiators— Government Code Section 54957.6(a) Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Lisa Goldfien, Ken Nordhoff Employee Organization(s): San Rafael Fire Chief Officers' Assn. Western Council of Engineers San Rafael Firefighters' Assn. San Rafael Police Mid -Management Assn. San Rafael Police Association Local 1 - Confidential SEIU Miscellaneous & Supervisory SEIU Child Care Unit Unrepresented Management Unrepresented Mid -Management Elected City Clerk and Elected Part -Time City Attorney Deputy City Attorney II Lisa Goldfien announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None 8:25 PM Councilmember Heller moved and Councilmember Brockbank seconded, to approve the Consent Calendar as follows: CONSENT CALENDAR: RECOMMENDED ACTION: ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED APPROVAL OF THE FOLLOWING BY ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A ACTION: PARTICULAR ITEM: Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be available for inspection in the City Clerk's Office, Room 209, 1400 Fifth Avenue, and placed with other agenda -related materials on the table in front of the Council Chamber prior to the meeting. American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485- 3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation is available through Golden Gate Transit, Line 22 or 23. Paratransit is available by calling Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. CC 02-16-2010 Approval of Minutes of Regular City Council Meeting of January 19, Minutes approved as submitted. 2010 and Special City Council Meeting of January 26, 2010 (CC) Resolution Authorizing the Execution of the 2010 Agreement with RESOLUTION NO. 12914 the Orca Swim Club for Use of the Terra Linda Community Center RESOLUTION AUTHORIZING THE and Pool (CS) — File 4-10-172 x 9-3-65 EXECUTION OF THE 2010 AGREEMENT WITH ORCA SWIM CLUB FOR USE OF THE TERRA LINDA COMMUNITY CENTER POOL 4. Resolution Approving a Grant Application for Statewide Park Program Funds (CS) — File 9-3-65 Monthly Investment Report for Month Ending January, 2010 (Fin) — File 8-18 x 8-9 RESOLUTION NO. 12915 RESOLUTION APPROVING THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS Accepted Monthly Investment Report for January, 2010, as presented Accept Completion of the Street Resurfacing American Recovery Approved staff recommendation. and Reinvestment Act 2009 Rebid, (City Project # 11108) Federal Aid Project No. ESPL 5043 (030), and Authorize the City Clerk to File the Notice of Completion (PW) — File 4-1-610 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OTHER AGENDA ITEMS: 7. ACCEPT REPORT ON THE MID -YEAR CAPITAL IMPROVEMENT PROGRAM (PW) — FILE 8-5 x 9-3-40 Parviz Mokhtari, Public Works Director, stated that with the City Manager's approval it was now a policy of the Department of Public Works that before adoption of the City budget staff would prepare a two-year Capital Improvement Program (CIP) to be presented to the City Council for consideration and adoption, subsequent to which staff would proceed with implementation of the projects. At approximately the mid -year stage, staff would prepare a progress report and request amendments. Mr. Mokhtari reported that this evening's staff report included a progress report and request for five amendments to the adopted Capital Improvement Program: • Moving City Hall HVAC upgrade to 2010-2011 due to a delay in federal funding; • Freitas Park, Phase 11 - insufficient time to prepare the design — to be completed in 2011; • For the reasons stated in the staff report, Boyd Park Tennis Court resurfacing project to be deleted; • Santa Margarita Park tennis courts resurfacing to be added; and • Miscellaneous sidewalk repair deleted. Councilmember Heller inquired whether any sidewalk repairs would be carried out. Mr. Mokhtari stated that, based on the presentation at the study session, staff would return with ordinances for City Council consideration; however, no City funds would be utilized. Councilmember Brockbank moved and Councilmember Connolly seconded, to accept the report. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 8. CONSIDERATION OF RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO GRAND JURY REPORT ENTITLED "MARIN CLEAN ENERGY: PULL THE PLUG" (CA) — FILE 271 x 269 Since there was no financial issue associated with this item Mayor Boro reported that Deputy City Attorney 11, Lisa 2 CC 02-16-2010 Goldfien, agreed he would not need to recuse himself, due to any potential conflict of interest. City Manager Ken Nordhoff stated that the Marin Civil Grand Jury convenes each year and selects a number of topics for consideration, often involving government service and public projects and activities. In or around December 1, 2009, San Rafael received a Grand Jury Report relating to Marin Energy Authority operations and specifically the Marin Clean Energy Program. The report was entitled: "Marin Clean Energy: Pull the Plug." Mr. Nordhoff reported that Grand Jury reports contain a series of findings and recommendations, which mandate responses from various agencies. The Marin Energy Authority as a separate governing board and Joint Powers Authority had responded and the other member cities and towns would also need to respond within the 90 -day response period. He noted that Grand Jury reports need to be discussed in open meeting time rather than appear on the consent calendar. Mr. Nordhoff reported that the report was compiled with the assistance of Deputy City Attorney 11 Lisa Goldfien. Information was also obtained through the staff expertise and responses from the Marin Energy Authority Staff also noted in certain circumstances with respect to the findings where San Rafael had taken specific actions related to climate change by the adoption of the Climate Change Action Plan, and programs that were put in place, including Food to Waste — energy possibilities between Marin Sanitary Service and the Central Marin Sanitation Agency, together with the recent adoption of the Green Building Ordinance through the BERST program. Mr. Nordhoff believed staff had attempted to be responsive to the findings, agreeing in some cases, partially disagreeing in others and completely disagreeing, with explanation. With regard to Recommendation #3, he confirmed the language had been clarified to reflect that on January 4, 2010, the City Council held another public meeting and received extensive public comment; however no motion was made and the City Council declined to take any action to opt out of the Marin Clean Energy program. Mr. Nordhoff stated that with City Council approval this evening staff would direct the responses back to the Marin County Civil Grand Jury. Councilmember Brockbank thanked staff for citing Marin Energy Authority's responses when appropriate and adding to them with San Rafael's own good experiences and special circumstances. Councilmember Connolly thanked Mr. Nordhoff and Ms. Goldfien for the report. With regard to the response to F1, as noted, he confirmed that the City was not putting any General Fund money at risk through participation in the program. With regard to F9, he stated that participation in the program was not mutually exclusive of the City's efforts to enact other local initiatives that would reduce greenhouse gas emissions and utilize renewable energy. Councilmember Levine moved and Councilmember Brockbank seconded, to adopt the resolution. RESOLUTION NO. 12916 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2009-2010 MARIN COUNTY GRAND JURY REPORT ENTITLED "MARIN CLEAN ENERGY: PULL THE PLUG" (Revision to R3 noted). AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARINGS: 9. PUBLIC HEARING — CONSIDERATION OF RESOLUTION CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 8, 2010 AND ORDERING THE SUBMISSION OF A MEASURE OF LEVYING A SPECIAL LIBRARY SERVICES PARCEL TAX TO THE QUALIFIED VOTERS OF THE CITY OF SAN RAFAEL AT THAT ELECTION (CA) — FILE 9-4 x 9-3-61 Mayor Boro declared the public hearing opened. David Dodd, Library Director, expressed thanks for the opportunity to present a resolution to the City Council to place a Parcel Tax Measure on the ballot on June 8, 2010 for Library Services for the City of San Rafael in the amount of $49 per year per parcel. He believed it would be an effective effort, given the two neighboring measures on the ballot — San Anselmo Library Measure by initiative and the Marin County Board of Supervisors' County Library Measure. Mr. Dodd reported that staff carried out some research into the amount that would be raised by the measure. They 3 CC 02-16-2010 identified the number of parcels in the City and how many additional residential units would be impacted and arrived at a ballpark figure, because there was no indication of how many would claim the senior exemption offered. He noted that local schools experienced an approximate 16% exemption rate for eligible seniors; therefore, that put the annual gain from the measure at somewhere between $730,000 and $800,000. With regard to the mechanics of the campaign, Mr. Dodd commented that this was a large undertaking with not a large budget. The campaign was fortunate to have gained the probono advice of Kerry Mazzoni, Political Consultant, and campaign staff would help oversee the various coordinating components, such as volunteers, etc. Mr. Dodd reported that Flor Gonzales had agreed to serve on the campaign committee representing the Pickleweed Park Library. He reported that collection of signatures had been very successful, with over 1,500 signatures gathered thus far. Regarding linking with schools, Mr. Dodd noted that one of the strongest measures in the Marin County polling was linkage with education — libraries had a strong, natural affinity with educational issues. Although discussions had not taken place with schools, some ideas included: • Hiring back a children's librarian with particular skills in teaching information literacy and research skills for the twenty-first century to children, instruction on which was currently lacking. • Adding databases, specifically for school-age children, to include a "homework help" database to assist students with their homework after school. Mr. Dodd thanked those who had stepped forward and expressed their willingness to help with the campaign and he acknowledged the proposed members of the campaign committee in attendance. He reported that new members Pat Kendall, Honorary Co -Chair, Jeff Schoppert, Greg Knell and Flor Gonzales had joined the group. Deputy City Attorney II Lisa Goldfien clarified that this evening's action was to adopt a resolution to submit an ordinance to the voters on June 8, 2010 - the ordinance was not being adopted this evening. The deadline for submitting materials to the County of Marin was March 12, 2010; therefore, should changes be required action could be taken at the City Council meeting of March 1, 2010. Referring to page 4 of the ordinance — Exclusions and Exemptions — Ms. Goldfien clarified staff was proposing an exemption for seniors; however, from discussions with the Marin County Assessor's Office, it appeared there was no need to indicate exemptions already being recognized by Marin County. Staff, therefore, recommended removing sub -section C of Section 3.36.070 and noted a slight wording change to sub -section B. Ms. Goldfien reported that the ordinance contained several findings, one of which stated that it was not necessary to adjust the appropriations limit for the proceeds of taxes. Having studied the issue, it was determined that with the proceeds of the taxes and potentially proceeding with Pension Obligation Bonds, a sufficient gap remained between expenditures and appropriations limits. In terms of the imposition of the tax, Ms. Goldfien stated staff tried to keep it simple. It was provided that the single- family residential parcel would pay $49, as would any non-residential parcel listed as non-residential on the County Assessor's Rolls. Multi -family residential parcels, as listed on the Assessor's Rolls, would pay $49, plus an additional $10 per living unit. She reported that the proposed term of the tax would be seven years; collection to commence in fiscal year 2010-2011. Noting the ordinance would not be adopted this evening, Mayor Boro invited Ms. Goldfien to elaborate. Ms. Goldfien explained that the City Council could submit a measure to the voters by either resolution or ordinance in most cases. In this case, staff chose to have the City Council act on a resolution that would submit the measure to the voters. If passed, the measure would add a new chapter to the Municipal Code which would embody the new tax. The actual measure to be submitted was the ordinance with abbreviated language on the actual ballot; however, the entire ordinance would be printed in the voter material. Ms. Goldfien confirmed that, if successful, the voters would pass the ordinance which would then amend the Municipal Code. Councilmember Heller inquired as to when the tax would begin to be collected. Confirming that the tax would be collected in the 2010-2011 fiscal year, Ms. Goldfien stated the information would need to be forwarded to the Marin County Assessor in July or early August, 2010. City Manager Ken Nordhoff explained that it would follow the same cycle as the City's Paramedic Tax where levies are placed on the tax bill in concert with the County Assessor in early August, and working through their process it would be included in the tax bills to be paid in December and April annually. Funds are remitted back to the City in 4 CC 02-16-2010 December, April and June Councilmember Levine inquired whether there would be voter confusion in voting to pass an ordinance versus a different voter experience. Ms. Goldfien believed that in any case there could be abbreviated ballot language taking the place of the full ballot measure. The full ballot language is generally included in the voter pamphlet so that voters had an opportunity to read it prior to voting. The full ballot language does not appear on the actual ballot; however, the ballot language reflects the essence of the action, which is to authorize San Rafael to levy the Parcel Tax for seven years. Councilmember Levine inquired whether this process for passing an ordinance had been shared with the political counsel to the campaign. Mr. Dodd stated that, although Ms. Mazzoni was now aware of the process, it had not been shared with her before the fact, nor was it a strategy consideration ahead of time. Gary Phillips stated it was the strong preference of the campaign committee that the City Council make their decision this evening as timing for the June 8 election would be a challenge. Having served on a number of campaign committees he reported that at the first meeting of this committee he was struck by the enthusiasm of the group. Noting Jeff Schoppert would be the campaign Fundraising Chairman, Mr. Phillips commented that normally it was almost impossible to get people to step forward for fundraising; however, at least five committee members volunteered to serve on this particular committee. Noting the list of honorary co-chairs, Mr. Phillips stated that without exception they were more than willing to help out, noting Kerry Mazzoni was willing to step forward at no cost to the campaign. Although fundraising would be a challenge, he believed sufficient funds could be raised to mount an effective campaign. Both San Rafael School Superintendants were on board, which was a strong endorsement of the value the library brings to the community. Pat Kendall and Patty Garbarino were selected because of their sound judgment and interest in the community, both of whom could be called upon for advice, and David Dodd had provided a list of standing committee members. Mr. Phillips stated the campaign thus far comprised the following committees: • Outreach • Fundraising • Get Out the Vote, in coordination with the County of Marin and Town of San Anselmo, who had similar measures on the ballot • Campaign Strategy group consisting of himself, Carol Manashil, Steve Patterson, Greg Knell and Paul Cohen, who would evaluate strategy and how to optimize the approach recognizing time and money constraints Mr. Phillips expressed optimism that the measure on the June 8, 2010 ballot would be successful Greq Knell, San Rafael, speaking as an individual, stated the San Rafael education community had a great working relationship with the City and the library. The community was fortunate to have the Pickleweed Library as well as the downtown facility which was close to the majority of schools in San Rafael, including San Rafael High School, Davidson Middle School, San Pedro, Bahia Vista, Laurel Dell, Coleman, Sun Valley and Short schools. Backing up Mr. Dodd's contention that this was extremely important, Mr. Knell stated Mr. Dodd's innovations in terms of databases and homework were great. Noting library budgets were cut in half last year, Mr. Knell stated this was restored by the public education foundation known as Heads Up; however, a further $2 million reduction was anticipated this year. Although the cost to the City would be approximately half of that contributed annually by the Friends of the Library Mr. Knell believed it worth the effort. He considered Measure G an overwhelming success in terms of public support, receiving 61 % of the vote. He believed citizens were strongly behind the City and noted the synergy of parallel elections with similar dollar amounts. The measure as written was much easier to understand. It was a small flat rate for a revenue stream, was not very complicated and spending goals were clearly delineated. Mr. Knell was not aware of any opponents to the library nor were there candidates running with speeches for miracle solutions. He urged the City Council to bring survival of the City's public libraries to a vote of the citizens, which he believed would be successful. CC 02-16-2010 Jeff Schoppert, Fundraising Chair Campaign Committee, recalled having been appointed by the City Council to serve as a member of the second Critical Facilities Committee, taking part in those meetings for approximately two years and subsequently joining the Measure G campaign effort. He also was astounded at the energy surrounding this campaign, which in some respects contrasted with his experience in the Measure G. campaign. Noting former Critical Facilities Committee members in the audience, Mr. Schoppert reported that what they learned during that process regarding educating the public and addressing the City's fiscal issues would assist in intelligently answering voters' questions in this campaign. Mr. Schoppert acknowledged that it was not easy to make a decision to expend funds on an uncertain result; however, he believed money had already been spent preparing for this election. He explained that the efforts undertaken in connection with polling and outreach would inure to the benefit of this campaign, noting this was a substantial outlay the City would not incur this time. Additionally, the campaign would benefit from polling undertaken by the County and he expressed optimism that the measure had a significant chance of success. Mr. Schoppert stated he became involved with the Critical Facilities Committee and the Measure G campaign because of his belief that the City could not look elsewhere to finance the critical needs of the community. This was an opportunity to explain to local voters that for a very small amount, the cultural life and educational benefits of the community could be sustained and he urged adoption of the resolution this evening. Carol Manashil, library volunteer and Co -Chair of the campaign committee, noting obvious signs of the recession around San Rafael stated it was also evident in the library, where unemployed members of the public through free computer access conduct job searches, complete job applications and quickly and efficiently apply for unemployment benefits. She believed all had an interest in an educated and employed populace. Everyone in the community should feel they had a stake in this and the library helped through a myriad of services. She expressed the hope that the City Council would permit voters to decide to continue and expand these services. Glena Coleman, Board of Library Trustees, displaying the 1,500 signatures of support, invited those in attendance who helped gather them to stand. Categorizing, she explained that some wanted to help the library, some expressed concern until they learned that this tax was solely for the library and could not be taken away, and those who did not want any taxes for any reason. Ms. Coleman believed outreach was still necessary to inform voters that thirteen -cents ($0.13) daily was not too much to spend on the library. Steve Patterson, campaign committee member, stated he believed a library said so much about a community and how it viewed its role in terms of a literate population. A public library was a gathering place where many types of learning could occur. Libraries were used by a variety of people; many children learned to read and love books and were exposed to new ideas that could expand their minds and pay dividends to a society as adults. He believed a community library could enable real learning and informational synergies to occur so that the sum was greater than the parts and the citizens were the beneficiaries. Mr. Patterson stated that great skill and care had been taken to acknowledge different voter groups with the ordinance so that no one was unfairly penalized by the $49 parcel tax, and he commended Mr. Dodd on his efforts. He noted special financial acknowledgements had been developed for senior citizens, residential income property owners and commercial property owners and great care had been taken not to alienate a voter class or voter segment, which was critical with a two-thirds vote required for passage. He believed the parcel tax would enable the library to be fully functional and urged the City Council to pass the resolution. Tracv Tandv, San Rafael resident, noting Councilmember Heller suggested looking into a mail -only ballot, reported that, having investigated it was found to be prohibitively expensive. She reported that she stood outside the library on February 8 (Furlough), and in the fifteen minutes she was there, fifteen people arrived to find the library closed, which demonstrated the very real need for the library. Later on that day at United Market she received the signatures of someone job -hunting who had been unable to enter the library, and a former homeless and unemployed person who had during that time utilized the library with her children to study English daily. Ms. Tandy discussed the book about Alia Muhammad Baker, Librarian of Al Basrah (Iraq), who risked her life and the lives of her family, friends and neighbors to completely remove all of the books from the library in Basrah as the war commenced. Those books remain in hiding in Iraq until the war ends. Ms. Tandy believed the real deadline for the campaign was May 10, 2010 when absentee ballots are mailed; therefore, she requested the City Council to adopt the resolution this evening. Ms. Tandy reported that while gathering signatures she encountered concern at the possibility of a library tax while police and fire were under duress. She accepted the analyses of the Chief of Police and Fire Chief that no more cuts could be taken; however, this was not a police or library situation, rather it was a plan to have consistent and CC 02-16-2010 secure funding for a major institution in San Rafael. Funds would not be taken from the police or fire departments, rather money would be raised with the assistance of the community. Ms. Tandy stated she also understood that when the parcel tax was passed police and fire would not expect anything from it. She expressed the hope that the City Council would act in a timely manner. There being no further comment from the audience, Mayor Boro closed the public hearing and thanked the speakers for their thoughtful comments. Councilmember Brockbank stated he had intended to urge the campaign committee strongly to carry out polling; however, Mr. Schoppert may have addressed those issues. Councilmember Brockbank stated that when this item was first presented to the City Council, several councilmembers were hesitant and were in fact leaning against it on the grounds that Measure G had just lost; however, they were turned around by the strong comments of many of those in attendance this evening and today he received good information from one of the committee members regarding why this tax measure would be different from Measure G last fall. Assuming the resolution was adopted this evening, Councilmember Brockbank believed it incredibly important for everyone to be on the same page and distinguish this measure from Measure G. Libraries were being used now more than ever, had a 7:1 ratio of investment to return, and the fact that San Rafael was heavily "under-libraried" as to square -footage and dollars per resident compared to other libraries in Marin County. He hoped these arguments would be incorporated into phone banking, etc. Regarding the opt -out provision for seniors, Councilmember Brockbank emphasized how necessary it would be to inform seniors that they needed to affirmatively opt out. Regarding Mr. Phillips' comment on fundraising, Councilmember Brockbank urged against setting sights too low. He considered it phenomenal that $16,000 in pledges had been raised in a few short weeks; however, it was not sufficient. As with any councilmember campaign $30,000 - $50,000 would be needed in order to send out mailers. He believed the vast majority of the electorate would not be aware of the measure unless they received two or three mailers explaining the reasons and arguments in favor. He noted different websites which could assist in raising these funds. Quoting: "Libraries will get you through times with no money better than money will get you through times with no libraries" he suggested emphasizing the importance of this. Wholeheartedly in support, Councilmember Heller stated she had supported the library for her sixteen years as a member of the City Council. Regarding the broader perspective and in anticipation of some of the issues that would be raised, Councilmember Connolly stated the bigger picture was that he saw this as part of a three -pronged strategy to right the City's fiscal ship and plan for the future of the community: 1) Balancing the budget - a robust community process where priorities were evaluated, priorities were reset in many cases and at the end of the day difficult choices made concerning cuts; 2) Economic Vitality — pursued as a matter of policy in San Rafael by retaining businesses, attracting new businesses and developing policies to assist with this. This was not just to bring retail into San Rafael, rather start-up businesses — businesses that could occupy the green or entrepreneurial sectors. 3) As appropriate, to consider requests to go forward with targeted revenue increases: • How important revenue increases were to the long-term health of the community; • Timing of the need of revenue increases; • Were there public/private partnership opportunities to leverage the funds generated through the tax; • Can the case be made to the public that this is a legitimate way to spend taxpayer money. Believing all criteria were met, Councilmember Connolly indicated everyone was aware of the importance of the library to the community, for the vitality of the City, for the education of children and for job searching, etc. The timing of the need was now and, although the library had a great staff, it was underperforming. A city of San Rafael's size should have a library with more resources and a more stable source of funding. He believed public/private partnership opportunities would arise from this. Councilmember Connolly commented on how impressed he was with the nascent outreach effort to the public. He commended the campaign committee for obtaining 1,500 signatures and, while the task of achieving a two-thirds CC 02-16-2010 vote would be difficult, together the challenge could be met. Councilmember Connolly stated that this was not an "either/or" situation with other existing funding needs. It was by no means undercutting the need for other critical facilities to be revitalized, most notably the City's public safety buildings. Measure G failed under the two-thirds requirement. The outcome would be evaluated and with what was learned from additional public input and analysis there could be a targeted request to the public to revitalize public safety facilities. Councilmember Connolly stated he intended to support the Library Parcel Tax measure. Councilmember Levine stated it was an easy issue for him to feel very positive about early on. His experience and needs and desires for the City was San Rafael's library being the intellectual centerpiece, a symbol of its creative citizens. He was pleased to see the ideas and service opportunities with the City's schools and thanked Mr. Dodd and the committee for their hard work with school leaders. He believed that what was done with the City's libraries and how the City could partner with schools would speak volumes to the community. Councilmember Levine believed the core group needed to be expanded. Noting the committee's enthusiasm and hard work, he believed more people were needed to identify new voters and to ensure they voted on June 8, 2010. He stated that the real work would begin when the item was placed on the ballot Mayor Boro recalled a conversation he had several years ago with Vaughn Stratford, former San Rafael Library Director, concerning whether or not libraries would still exist in ten years, based on the advent and access of computers, and Mr. Stratford assured him they would. Mayor Boro believed that now, more than ever, people were using the library. The introduction of computer accessibility at both libraries brought people to a level playing field and helped in a time of needing access to a computer to research job openings, benefits, etc. Impressed with the committee, many whom he knew personally, Mayor Boro stated he was pleased they were able to secure the services of Kerry Mazzoni. He stated that he, Councilmember Connolly and Mr. Nordhoff met with the two school boards last week at a quarterly meeting and was pleased to report that both superintendents agreed to support the library parcel tax. He emphasized the importance of tapping into the schools' resources with respect to getting voters out. Mayor Boro believed this to be a long-term solution to bring new life to the library. Services had been reduced and the City was on the verge of doing so again, unless something happened; therefore, this measure hopefully would make the library successful for the long term. He urged Mr. Dodd and those involved with the strategic plan to continue to work on this issue because, regardless of the outcome of this measure, thought should be given to reinventing how library services were provided to the community. Having been a candidate he was aware of what was necessary to make it happen. The campaign committee members were the candidates for the library with their enthusiasm and collective experience and they had the ability to make it happen. Wishing the committee well, Mayor Boro stated he and the City Council would provide as much help as possible. Councilmember Heller moved and Councilmember Levine seconded, to adopt the resolution. RESOLUTION NO. 12917 — 1) CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY JUNE 8, 2010; AND 2) ORDERING THE SUBMISSION OF A PROPOSITION OF LEVYING A SPECIAL LIBRARY SERVICES PARCEL TAX TO THE QUALIFIED VOTERS OF THE CITY OF SAN RAFAEL AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JUNE 8, 2010; AND 3) REQUESTING CONSOLIDATION WITH ANY OTHER ELECTION CONDUCTED ON THE SAME DATE; AND 4) REQUESTING ELECTION SERVICES BY THE COUNTY CLERK; AND 5) REQUESTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10. PUBLIC HEARING —CONSIDERATION OF RESOLUTION AMENDING THE MASTER FEE SCHEDULE FOR ANIMAL CONTROL SERVICE FEES (CM) — FILE 4-13-54 9-10-2 Mayor Boro declared the public hearing opened. 8 CC 02-16-2010 Nancy Mackle, Deputy City Manager, stated that Animal Control Services now included licensing, pet store regulations, vicious animals, sterilization and removing dead animals from the streets. For 30 years the City had been part of a Joint Powers Agreement (JPA) with the County of Marin and cities, and had consistent ordinances, fees and one location to hold animals. Marin County contracts with the Marin Humane Society on behalf of the JPA and currently was at the mid point of a three-year contract. Ms. Mackle stated that costs were not covered by the fees under discussion tonight, which was a small fraction, rather were borne by the cities and towns in Marin County. During the last contract, discussion took place on the importance of raising fees wherever possible to keep up with other communities. The County had conducted a survey, researched what other communities were charging and reported that the proposed fees were well within the norm of what other cities and counties were charging. She added that fees had not been raised since 2003. Ms. Mackle reported that Marin County approved raising the fees; however, requested approval by each city and town, at which time they could begin implementing the new fees. The Marin Humane Society would collect the fees. Ms. Mackle stated that the item before the City Council was to adopt a resolution amending the Master Fee Schedule for Animal Control Services. Ms. Mackle noted Captain Cindy Machado, Animal Services Director, Marin Humane Society, was in attendance and would be able to answer any questions. Having worked with Captain Machado for several years, Ms. Mackle commented that she and her staff had been doing a fabulous job on behalf of Marin's cities and towns. It was a tough regulatory business that required a lot of compassion. Entering the third year of the contract she stated that discussions were already taking place with Marin Humane Society to evaluate the budget and cut costs, which would result in slower or reduced services. Councilmember Heller inquired as to the definition of "hobbyists." Captain Machado explained that hobbyists were non -breeding hobbyists who had an interest in having in excess of four dogs for obedience training, dog shows, etc. Believing Novato had once required cats to be licensed, Councilmember Heller inquired whether this was still being done and whether it was worth the money. Responding, Captain. Machado stated it was hoped it would become a countywide venture when it started 10 years ago as the first of its kind. Novato had some amendments to the ordinance; they did not collect a fee, rather they required that all cats in Novato, whether inside or outside, be sterilized and identified. It was a tool and perhaps worth further research some day. Doubtful that it would generate fees, Councilmember Heller believed responsible ownership was something to work towards. Councilmember Brockbank inquired whether animal control was a state mandate, the details of which were left up to individual cities or counties. Additionally, he inquired whether Marin had a higher level of animal services, given its wealth and prevalence of animal lovers. Therefore, in order to provide the service required by Marin County residents it should be paid for from General Fund revenues, charging for certain services while striking a balance as to an appropriate level. Ms. Mackle explained that fees covered approximately 10% of the cost; therefore, costs would not be covered without raising fees significantly, which was the reason for evaluating what services could be reduced etc. Noting no magic percentage, Councilmember Brockbank clarified that appropriate fees were arrived at by surveying surrounding communities. Ms. Mackle stated that raising fees too high could discourage licensing of dogs. Captain Machado stated the flip side was to make people responsible. Noting a tremendous increase in the number of potentially dangerous and vicious -declared dogs, she believed hefty fines would discourage this type of activity. With regard to state mandates, Captain Machado reported a number of animal control state -mandated programs, including rabies control and public safety issues regarding stray dogs and the handling of stray animals in animal CC 02-16-2010 shelters. She noted service levels in Marin were unique because of not being farmed out through different agencies and the non-profit side of the Humane Society helped to support a lot of services. She believed Marin had a high expectation of service levels; however, overall, the community was very responsible. There being no further comment from the audience, Mayor Boro closed the public hearing. Councilmember Brockbank moved and Councilmember Levine seconded, to adopt the resolution. RESOLUTION NO. 12918 — RESOLUTION AMENDING THE MASTER FEE SCHEDULE FOR ANIMAL CONTROL SERVICE FEES AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. a) Public Hearinq - CONSIDERATION OF ORDINANCE AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE TO TRANSFER TO THE FIRE CHIEF FROM THE CHIEF BUILDING OFFICIAL THE ENFORCEMENT OF CERTAIN PROVISIONS OF THE FIRE CODE AND BUILDING CODE RELATED TO FIRE PREVENTION PREVIOUSLY THE RESPONSIBILITY OF THE CHIEF BUILDING OFFICIAL. AS PART OF A REORGANIZATION MOVING FIRE PREVENTION STAFF FROM THE COMMUNITY DEVELOPMENT DEPARTMENT'S BUILDING DIVISION TO THE FIRE DEPARTMENT, AND AMENDING SAN RAFAEL MUNICIPAL CODE SECTION 4.08.130(D) TO CORRECT AN ERRONEOUS CODE REFERENCE (FD) — FILE 9-3-31 x 9-3-85 x 8-5 b) RESOLUTION AUTHORIZING THE TRANSFER OF RESPONSIBILITY FOR ENFORCEMENT OF FIRE AND PANIC SAFETY BUILDING REGULATIONS AND FIRE PREVENTION TO THE FIRE CHIEF. TRANSFER OF FIRE PREVENTION STAFF TO THE FIRE DEPARTMENT, MOVEMENT OF THE DEPUTY FIRE MARSHAL INTO THE MID MANAGEMENT UNIT. AND THE TRANSFER OF RELATED PERMIT FEE COLLECTION AUTHORITY. BUDGETED FUNDS. AND VEHICLES FROM THE COMMUNITY DEVELOPMENT DEPARTMENT TO THE FIRE DEPARTMENT Mayor Boro declared the public hearing opened. Commenting that "an ounce of prevention is worth a pound of cure" regarding fire safety, Fire Chief Christopher Gray stated he was a strong believer that the best emergency was likely the one that never occurred, through some level of prevention and education. He stated this was an opportunity to improve efficiency and take advantage of leveraging the resources available in the Fire Department. Over the past years, there had been reductions in services and he believed this was a unique opportunity to take advantage of those by having the Fire Department not only oversee Fire Prevention, but also to utilize fire companies to do inspections within the community. He noted a number of residual benefits, including more familiarity with occupancies under a non- emergency situation and he believed that having firefighters in those occupancies, particularly during an economic downturn, had advantages. Reporting that a solid transition was in place, Chief Gray stated he was committed to ensuring the Fire Department was more self -supported and he anticipated maintaining the good progress accomplished by the Community Development Department over the past couple of years. Thomas Ahrens, working as Chief Building Official/Fire Marshal, and staff had improved performance in areas involving permits and plan checking, particularly in turn -around and process. He acknowledged the assistance over the past year of Bob Brown and the Community Development Department, City Manager Ken Nordhoff and his leadership, the City Attorneys office, specifically Eric Davis, and Leslie Loomis, Human Resources Director. He recommended passing the ordinance to print and adopting the resolution. Councilmember Brockbank inquired why Fire Prevention was removed from the Fire Department three years ago. Responding, Chief Gray stated it possibly was due to a difference in philosophy with several of his predecessors, together with changing circumstances in the environment in which they worked. This was a further opportunity to gain efficiency which he believed would not end with the fiscal savings identified in the report, rather it could go further and take advantage of the economy to improve the circumstances and service levels. There being no further comment from the audience, Mayor Boro closed the public hearing. 10 CC 02-16-2010 a) The title of the ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE TO TRANSFER TO THE FIRE CHIEF FROM THE CHIEF BUILDING OFFICIAL THE ENFORCEMENT OF CERTAIN PROVISIONS OF THE FIRE CODE AND BUILDING CODE RELATED TO FIRE PREVENTION, PREVIOUSLY THE RESPONSIBILITY OF THE CHIEF BUILDING OFFICIAL, AS PART OF A REORGANIZATION MOVING FIRE PREVENTION STAFF FROM THE COMMUNITY DEVELOPMENT DEPARTMENT'S BUILDING DIVISION TO THE FIRE DEPARTMENT, AND AMENDING SAN RAFAEL MUNICIPAL CODE SECTION 4.08.130(D) TO CORRECT AN ERRONEOUS CODE REFERENCE" Councilmember Connolly moved and Councilmember Brockbank seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1880 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b) Councilmember Heller moved and Councilmember Levine seconded, to adopt the resolution. RESOLUTION NO. 12919 — RESOLUTION AUTHORIZING THE TRANSFER OF RESPONSIBILITY FOR ENFORCEMENT OF FIRE AND PANIC SAFETY BUILDING REGULATIONS AND FIRE PREVENTION TO THE FIRE CHIEF, TRANSFER OF FIRE PREVENTION STAFF TO THE FIRE DEPARTMENT, MOVEMENT OF THE DEPUTY FIRE MARSHAL INTO THE MID MANAGEMENT UNIT, AND THE TRANSFER OF RELATED PERMIT FEE COLLECTION AUTHORITY, BUDGETED FUNDS, AND VEHICLES FROM THE COMMUNITY DEVELOPMENT DEPARTMENT TO THE FIRE DEPARTMENT AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY MANAGER'S REPORT: 12. None. COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 13. Leaque of California Cities — North Bav Division: - File 9-11-1 Noting the monthly MCCMC (Marin County Council of Mayors and Councilmembers) meeting takes place on February 24, 2010, Councilmember Brockbank reported that on February 25, the quarterly dinner meeting of the North Bay Division of the League of California Cities takes place in San Rafael Joe's. Inviting all to attend, he indicated that a key speaker would be Linda Jackson, Principal Planner. Various environmental issues would be discussed including San Rafael's Climate Change Action Plan, Green BERST and Green Building Ordinances, Marin Clean Energy, AB811 program, etc. He noted that representatives from Marin, Sonoma, Napa and Solano would be in attendance. Marin Telecommunications Aaencv: - File 4-13-101 Having attended the Marin Telecommunications Agency (MTA) meeting last week, Councilmember Levine reported that the Federal Stimulus Funds the Agency was considering applying for did not match its work plan; therefore, he believed it wise not to apply for money that did not make sense for the intended work. He also reported that on the day of the meeting, Google sent out a request for information for a broadband infrastructure project, perhaps for laying infrastructure along the Hwy 101 corridor. Unsure as to how competitive MTA would be, he believed there was a match in the work plan and he would keep the City Council apprised of the status. Resolution Opposinq Proposition 16: - File 116 x 9-1 Councilmember Levine noted that the City of Palo Alto had introduced a resolution opposing Proposition 16 which he considered a good statement of why they took this position. As San Rafael has a vested interest in the health and future of Marin Clean Energy he suggested that the City Council might wish to consider taking a similar position. He indicated he would provide a copy of the resolution to staff and would work with them in this connection. CC 02-16-2010 Mayor Boro stated it was his understanding that, should a councilmember wish to introduce an item, by securing three affirmative votes the issue could be referred to staff for agendizing at a future meeting. Councilmember Connolly moved and Councilmember Brockbank seconded to refer the item to staff. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None As this was the season for legislative bills, Mr. Nordhoff stated that it could be folded into the monthly report taking positions on a number of bills from Sacramento; however, should the pace be slow in Sacramento, the City Council could take this issue as an independent action. San Rafael Canal Dredqinq: - File 12-10 x 9-1 Mayor Boro reported that $2.4 million had been allocated to canal dredging through the efforts of Senators Boxer and Feinstein, with assistance from Congresswoman Woolsey. He and Richard Landis, Public Works, met with the Corps of Engineers in San Francisco and they had agreed to proceed with the surveying and in the fall begin dredging to six -feet. Mayor Boro indicated he would provide councilmembers with copies of letters he was sending to Senator Boxer and Congresswoman Woolsey, together with a copy of the letter he sent to Senator Feinstein last week, requesting a further $4 million to complete the project to an eight -foot depth and begin planning for the next round. Noting this had been done with federal money since 1923, he reported that Richard Landis had done an outstanding job, not only in putting the package together, but also in communicating with the members of the community and dealing with the Corps of Engineers. MCCMC Legislative Committee: - File 113 x 9-1 Councilmember Brockbank noted that the renewal of a two-year contract with Lobbyist, David Jones, Emanuels Jones, was agendized for next week's meeting, which he assumed would be routinely approved. There being no further business, Mayor Boro adjourned the City Council meeting at 9:54 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12010 MAYOR OF THE CITY OF SAN RAFAEL 12 CC 02-16-2010