HomeMy WebLinkAboutCC Minutes 2010-03-01SRCC Minutes (Regular) 03/01/2010 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, MARCH 1, 2010 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Robert F. Epstein, City Attorney
Esther C. Beirne, City Clerk
Members of the public may speak on Agenda items.
OPEN SESSION — COUNCIL CHAMBERS — 6:00 PM
Mayor Boro announced Closed Session items.
Present: Albert J. Boro, Mayor
Damon Connolly, Vice -Mayor
Greg Brockbank, Councilmember
Barbara Heller, Councilmember
Marc Levine, Councilmember
Absent: None
a) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: Lvnda LeVeciue v. Citv of San Rafael, et al.
Marin County Superior Court Case # CV093661
b) Conference with Labor Negotiators— Government Code Section 54957.6(a)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Robert Epstein,
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
City Attorney, Robert Epstein announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:25 PM
Munson Park Fence: - File 9-3-65
Ben Ross, San Rafael resident, confirming a packet was submitted to the City Council this evening, stated it included
approximately 165 signatures of those impacted at Munson Park. He explained that in May, 2009 the Park & Recreation
Commission suggested that the neighbors provide half the funds necessary to plant hedges; however, it had not been
possible to raise these funds. Mr. Ross requested that a green 4 -foot chain link fence be erected adjacent to the high-
speed traffic area of Freitas Parkway, identified on an aerial photograph. He noted the Park & Recreation Commission
favored a hedge over a fence; however, those in the neighborhood considered the hedge inadequate as balls could roll
through.
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.
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Mayor Boro noted the Park & Recreation Commission considered this issue and provided their response and the City
Council was now being requested to pursue another alternative. He stated that Mr. Nordhoff would investigate and make
a recommendation.
Marin Sanitary Service: - File 9-1
David Haskell, Sustainable San Rafael, issued a reminder that with the last rate increase for waste hauling it was agreed
to schedule a study session prior to renewal of the contract and he would like this to be honored.
Childhood Obesitv: - File 9-1
Reporting on having attended a childhood obesity conference on Saturday, February 27, 2010, David Haskell requested
that the City Council look at opportunities to reduce the consumption of sugar by removing vending machines dispensing
soda from schools. Noting an increase in Americans' sugar intake he stated 40% of the calories children received were
from sugar, a vast majority of which came from soda. He urged the City Council to look at healthy opportunities in San
Rafael.
Unconstitutional Wars: - File 9-1
Rachel Bell, Santa Rosa, read from a document entitled: Memorandum of Points and Authorities in Support of
Peremptory Challenge and Justice for the People.
John Jenkel, Graton, requested the City Council to agendize a discussion on unconstitutional wars.
Bicvcle and Pedestrian Proiects: - File 9-3-40
Don Maadanz, emphasizing the importance of the NTPP contracts on this evening's agenda, noted that two further
projects would be before the City Council within the next several months. A solution had not yet been found for the
segment between Nova Albion and Northgate; however, with further NTPP funds he hoped this would be resolved. Mr.
Magdanz thanked the City Council for supporting the bicycling community.
Marin Square and Northqate: - File 9-1
Barry Taranto, Terra Linda, noting Sutter Health had decided not to build a hospital in Marin Square, believed retail and
other businesses were needed to support the community and tax base rather than the possibility of medical office
buildings or major clinics. He urged the City Council to schedule hearings and provide advance warnings to residents
before making zoning changes or General Plan amendments.
Mr. Taranto expressed concern at the insufficient amount of parking at Northgate due to current construction. He
commended Kitty MacKay from the Parking Services Department for her research which concluded that no existing
ordinance allowed for citing or towing vehicles parked in spaces allotted to low -emission vehicles.
Noting Supervisor Arnold, President of the Marin County Board of Supervisors, did not wish to proceed with a plastic bag
ban, Mr. Taranto urged the City Council to evaluate the San Francisco ordinance and consider enacting something
similar.
Councilmember Levine moved and Councilmember Heller seconded, to approve the Consent Calendar as follows
CONSENT CALENDAR: RECOMMENDED ACTION:
Councilmember Brockbank noted the following clarifications to the Minutes of February 1, 2010:
Page 5: Mary Jane Burke - misspelling
Patty Garbarino - misspelling
Page 6: ... the College of Marin passed its $250 million bond measure with a 90% turnout.
Page 7: Deleted paragraph 1
ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE
APPROVED BY ONE MOTION, UNLESS SEPARATE ACTION IS
REQUIRED ON A PARTICULAR ITEM:
Approval of Minutes of Regular City Council Meetings of February
1, 2010 (CC)
APPROVAL OF THE FOLLOWING ACTION:
Minutes approved as amended.
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3. Call for Applications to Fill One Four -Year Term on the Fire
Commission, to Expire end of March 2014, Due to Expiration of
Term of Dr. Stephen Mizroch (CC) — File 9-2-5
4. Resolution Authorizing the City Manager to Enter Into an
Agreement with Emanuels Jones & Associates for Legislative
Advocacy Services, in an Amount Not to Exceed $34,600 (CM)
- File 4-3-354 x 113 x 9-3-11
5. Resolution to Update the City's Investment Policy (Fin) —
File 8-9 x 8-18
Approved staff recommendation.
RESOLUTION NO. 12920
RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
WITH EMANUELS JONES & ASSOCIATES
FOR LEGISLATIVE ADVOCACY SERVICES IN
AN AMOUNT NOT TO EXCEED $34,600
RESOLUTION NO. 12921
RESOLUTION TO UPDATE THE CITY'S
INVESTMENT POLICY
6. Resolution Opposing Proposition 16 — "New Two -Thirds Vote RESOLUTION NO. 12922
Requirement for Public Electricity Providers" on June 2010 RESOLUTION OPPOSING PROPOSITION 16,
Ballot (CM) —File 116 x 9-1 "NEW TWO-THIRDS REQUIREMENT FOR
PUBLIC ELECTRICITY PROVIDERS" ON
JUNE 2010 BALLOT (Mayor Boro abstained,
due to potential conflict of interest)
7. Second Readinq and Final Adoption of Ordinance No. 1880 —
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 (FD) — File 9-3-31 x 9-3-85 x 8-5
Report on Bid Opening and Resolution Awarding Contract for
Non -Motorized Transportation Pilot Program (NTPP) Northgate
Gap Closure Bikeway Improvements, Project No. 11117, to
Ghilotti Construction Co. Inc. in the Amount of $185,238.12 (Bid
Opening Held on February 22, 2010) (PW) — File 4-1-613
Report on Bid Opening and Resolution Awarding Contract for
Non -Motorized Transportation Pilot Program (NTPP) Terra Linda
— North San Rafael Improvements, Project No. 11118, to Ghilotti
Construction Co. Inc. in the Amount of $159,695.86 (Bid Opening
Held on February 22, 2010) (PW) — File 4-1-614
10. Resolution Approving and Authorizing the City Manager to
Execute an Amendment to the Professional Services Agreement
with Alta Planning + Design, Inc. to Expand the Scope of Work for
the Design of the NTPP Puerto Suello Hill Path to Transit Center
Connector Project to Include Additional Environmental
Documentation for a Not to Exceed Amount of $10,803,
Increasing the Total Not to Exceed Amount Under the Agreement
Approved final adoption of Ordinance No.
1880.
RESOLUTION NO. 12923
RESOLUTION AWARDING A CONTRACT
FOR THE NTPP — NORTHGATE GAP
CLOSURE BIKEWAY IMPROVEMENTS,
PROJECT # 11117, TO GHILOTTI
CONSTRUCTION COMPANY, INC. IN THE
AMOUNT OF $185,238.12
RESOLUTION NO. 12924
RESOLUTION AWARDING A CONTRACT
FOR THE NTPP — TERRA LINDA -NORTH SAN
RAFAEL IMPROVEMENTS, PROJECT #
11118, TO GHILOTTI CONSTRUCTION
COMPANY, INC. IN THE AMOUNT OF
$159,695.86
RESOLUTION NO. 12925
RESOLUTION APPROVING AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT
WITH ALTA PLANNING + DESIGN, INC. TO
EXPAND THE SCOPE OF WORK FOR THE
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to $206,268, and to Extend the Term of the Agreement to June
30, 2010 (PW) — File 4-3-483 x 9-3-40
11. Resolution Approving a Fifty Thousand Dollar ($50,000) Grant by
the Redevelopment Agency of the City of San Rafael to Habitat
for Humanity Greater San Francisco 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 (21 Stevens Place) (RA) —
File 229 x (SRRA) R-479
DESIGN OF THE NTPP PUERTO SUELLO
HILL PATH TO TRANSIT CENTER
CONNECTOR PROJECT TO INCLUDE
ADDITIONAL ENVIRONMENTAL
DOCUMENTATION FOR A NOT TO EXCEED
AMOUNT OF $10,803, INCREASING THE
TOTAL NOT TO EXCEED AMOUNT UNDER
THE AGREEMENT TO $206,268, AND TO
EXTEND THE TERM OF THE AGREEMENT
TO JUNE 30, 2010
RESOLUTION NO. 12926
RESOLUTION APPROVING A FIFTY
THOUSAND DOLLAR ($50,000) GRANT BY
THE REDEVELOPMENT AGENCY OF THE
CITY OF SAN RAFAEL TO HABITAT FOR
HUMANITY GREATER SAN FRANCISCO 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 (21
STEVENS PLACE)
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Mayor Boro from Item #6, due to potential conflict of interest.
PUBLIC HEARING:
12. RESOLUTION OF APPLICATION BY THE CITY COUNCIL REQUESTING THAT MARIN LOCAL AGENCY
FORMATION COMMISSION (LAFCO) INITIATE PROCEEDINGS FOR REORGANIZATION OF TERRITORY
ANNEXING MT. TAMALPAIS CEMETERY AND THREE CONTIGUOUS PARCELS INTO THE CITY OF SAN
RAFAEL (CD) — FILE 5-2-115 x 10-301
Mayor Boro declared the public hearing opened.
Paul Jensen, Planning Manager, stated that in December 2008, the City Council adopted a pre -zoning for the Mount
Tamalpais Cemetery property, located at the west end of the Sun Valley Neighborhood, for annexation to the City and
the San Rafael Sanitation District. As part of that action, the City Council also adopted a pre -zoning for three
contiguous properties that were developed and were part of an unincorporated island. The project had proceeded to
Marin LAFCO (Local Agency Formation Commission) for final annexation action, and since the annexation involved 4
properties and 4 property owners, the City was serving as an agent for the property owners in the filing of the
application to Marin LAFCO. Marin LAFCO procedures require the City as a local agency to adopt a resolution of
application to initiate the process. Albeit a formality, the resolution of application requires a public hearing and a draft
resolution was included in the staff report for Council's consideration.
Mr. Jensen pointed out a reference on Page 2 of the staff report that this includes an action for water service;
however, this was incorrect, as water service was already provided to all of these properties by the Marin Municipal
Water District. Additionally, he noted staff received a call from one of the two property owners who had not responded
to the letter regarding the annexation process, inquiring about possible changes in their taxes for the property. They
did not indicate they were in opposition to the action, nor did they participate in the initial hearings, rather there was a
question on how their taxes would change. Mr. Jensen noted a modest change in property taxes associated with
storm water drainage.
Councilmember Heller stated she was aware of one other tax or fee which would be to their benefit i.e., by being in
the City they would not have to pay the library tax in Marin County, approximately $35.
Councilmember Brockbank stated he did not have a problem with the recommendation, rather was curious concerning
some issues he did not quite understand. Aware of certain criteria for annexation of adjacent unincorporated areas,
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and referring to page 2 of the staff report he quoted: "Following annexation, the City will receive its share of property
tax revenues from the subject properties" - he assumed this did not amount to much as opposed to a car dealer or big
box retailer. He further quoted: "There should be no additional significant costs from annexing these properties, given
that the properties currently receive most of their services from the City, including police, fire and sewer service."
Currently unincorporated, theoretically the Sheriff's Department would be called for police service, Councilmember
Brockbank inquired whether San Rafael already unofficially provides police services.
Responding, Mr. Jensen stated he understood it to be the latter. It was an unofficial response, primarily, because
95% of that area was within the City limits, similarly with fire service.
Councilmember Heller clarified that this concerned the three properties directly behind her old home on Shannon
Lane, all of which were unincorporated, while their surrounds were within the City.
Councilmember Brockbank confirmed the property included the two residences, Marin Monument Company and the
cemetery; therefore, as police services were unofficially being provided currently there was no additional cost to the
City. Property tax would be derived from these properties, albeit modest.
Mr. Nordhoff stated that both Police and Fire had long-standing agreements with their counterparts in Marin County, in
terms of first responses. Because of how land use decisions had been divided up over many decades, it was not
uncommon for the City to respond in areas not technically within City limits.
Referring to Option C. on page 3 of the staff report — deny the resolution of application, requiring the property owner(s)
to initiate the annexation - Councilmember Brockbank inquired as to the pros and cons.
Mr. Jensen stated it was more efficient for the City to initiate the annexation, noting it involved four different properties
and property owners. Responding further to the question regarding the purpose, Mr. Jenson stated there were
policies in the General Plan that urged the annexation of lands within the urban service area; therefore, this was not
only consistent with the General Plan, rather the General Plan supported its facilitation.
Georae Mills, San Rafael resident, thanked the City Council for guiding the neighborhood as they had been working
on this issue for some time; their outstanding issue remained the trail they had been attempting to re -open. He
appreciated Councilmember Heller working with the committee which was formulated to look at alternative paths. He
expressed the hope that with an annexation such as this down the road something could be worked out to again gain
access through the cemetery to the open space.
There being no further comment from the audience, Mayor Boro closed the public hearing.
Councilmember Brockbank moved and Councilmember Connolly seconded, to adopt the resolution.
RESOLUTION NO. 12927 — RESOLUTION OF APPLICATION BY THE CITY COUNCIL AUTHORIZING THE
FILING OF AN APPLICATION REQUESTING THAT MARIN LOCAL AGENCY
FORMATION COMMISSION (LAFCO) INITIATE PROCEEDINGS FOR
REORGANIZATION OF TERRITORY
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
OTHER AGENDA ITEMS:
13. RESOLUTION AUTHORIZING THE FILING OF A VALIDATION ACTION REGARDING THE ISSUANCE OF
PENSION OBLIGATION BONDS TO REFINANCE THE OUTSTANDING OBLIGATIONS OF THE CITY TO THE
MARIN COUNTY EMPLOYEES' RETIREMENT ASSOCIATION (CM) — FILE 7-1-26
Jim Schutz, Assistant City Manager, stated that as the City Council was aware there were a great many jurisdictions
dealing with rising pension costs, San Rafael being one. This was not just limited to the MCERA (Marin County
Employees' Retirement Association) jurisdictions, rather PERS (Public Employee Retirement System) throughout
California had been dealing with increasing pension costs, which primarily stemmed from a round of benefit
improvements, beginning in the late 1990s, as well as demographic changes; however, recently, significant
investment losses had been an issue. When assumed returns were factored in, the loss was 15% in 2007-2008 and
25% in 2008-2009 and these losses had significantly increased the City's unfunded liability and MCERA rates and
decreased funded ratio — ratio of assets to liabilities.
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Mr. Schutz reported that staff had been evaluating Pension Obligation Bonds to manage costs. He explained these
were taxable bonds used by governments to fund all or a portion of the unfunded liability and/or the normal costs they
had to pay annually. At this point, staff recommended consideration of Pension Obligation Bonds for that purpose. To
clarify, he stated that this evening's resolution would not be directing staff or consultants to approve the sale of
Pension Obligation Bonds, rather merely to begin the validation process, i.e., actions required for the legal framework
to be able to sell Pension Obligation Bonds in the future, should the City Council so wish. Mr. Schutz stated staff
recommended the current action so that it could run concurrently with the analysis. Should the City Council wish to
proceed, the legal framework would be in place to take advantage of the interest rates prevailing at that time. In the
event the City Council chose not to proceed, it would be advantageous to have the validation work done because with
no set expiration date the process would not need to be repeated in the future.
Mr. Schutz stated that the fiscal impact at this point was minimal - $7,500 to the Bond Counsel for preparation of legal
documents; however, there would be additional impacts should the recommendation be to sell Pension Obligation
Bonds. Mr. Schutz commented that Stephen Melikian, Bond Counsel, Jones Hall, Ralph Holmes, Bond Underwriter,
E.J. De La Rosa and Craig Hill, Financial Advisor, Northcross, Hill & Ach were in attendance to answer any questions.
Councilmember Brockbank moved and Councilmember Heller seconded, to adopt the resolution.
RESOLUTION NO. 12928— RESOLUTION AUTHORIZING THE FILING OF A VALIDATION ACTION
REGARDING THE ISSUANCE OF PENSION OBLIGATION BONDS TO
REFINANCE THE OUTSTANDING OBLIGATIONS OF THE CITY TO THE MARIN
COUNTY EMPLOYEES' RETIREMENT ASSOCIATION
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
14. None.
COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
15. Leaque of California Cities Quarterly Dinner: - File 9-11-1
Reporting on the quarterly meeting of the North Bay Division of the League of California Cities, Councilmember Brockbank
noted that approximately 50 people were in attendance at San Rafael Joe's in downtown San Rafael. Presentations were
made by Linda Jackson, Principal Planner, and a speaker from SCEIP (Sonoma County's Energy Independence Program).
Citv Staff Reductions: - File 9-1
Acknowledging recent staffing changes in San Rafael, Councilmember Levine thanked staff for taking on additional
responsibilities, particularly for bringing agenda item #6 forward so promptly, which probably represented many things staff
had done in the past month that had not been noticed.
TAM (Transportation Authoritv of Marin) Meeting: - File 170
Regarding a presentation on SB 83 at last week's TAM meeting, Mayor Boro explained that a measure was passed allowing
counties to place a $10 vehicle license registration fee on the November ballot, requiring a 50% affirmative vote. The
proceeds would impact local transportation systems in very broad terms and would realize approximately $2 million
annually. Polling reflected 65% approval between those who fully supported or were leaning towards supporting the
measure; therefore, the Board agreed to proceed. A consulting firm would assist with an expenditure plan and Mayor Boro
confirmed that the measure required a 50% affirmative vote to pass.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:00 p.m
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2010
MAYOR OF THE CITY OF SAN RAFAEL
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