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HomeMy WebLinkAboutCC Minutes 2010-07-06SRCC Minutes (Regular) 07/06/2010 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. TUESDAY, JULY 6, 2010 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Damon Connolly, Vice -Mayor Greg Brockbank, Councilmember Marc Levine, Councilmember Absent: Barbara Heller, Councilmember 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 — 9:00 PM Mayor Boro announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 — 9:00 PM 1. a) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. Citv of San Rafael, et al. U.S. District Court, Northern Dist. of CA, Case # C003785 b) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. Citv of San Rafael, et al. (MHC II) U.S. District Court, Northern Dist. of CA, Case # C043325 Mayor Boro announced at 9:38 p.m. that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:17 PM Bicvcle Race: - 9-1 Barry Taranto commented that he hoped the very successful Twilight Criterium Bicycle Race to be held on Saturday, July 10, 2010 in downtown San Rafael would be marketed outside of San Rafael to attract crowds. He noted that last year's event was handled very well and he hoped to attend again this year. Sutter / Marin Square: - File 9-1 Barry Taranto indicated he did not favor medical office buildings being developed in Marin Square, rather opportunities should be provided to businesses to create employment for Canal residents. He believed that locating medical offices in Marin Square would create huge traffic problems. Councilmember Levine 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 ACTION: BY ONE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A 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 07-06-2010 2. Approval of Minutes of Regular City Council Meeting of June 7 and Special City Council Meeting of June 21, 2010 — 3. Special Library Services Parcel Tax — Measure C: (CC) — File 9-4 x 9-3-61 a) Resolution Declaring Canvass of Returns and Results of Consolidated Special Municipal Election held on June 8, 2010, Re: Measure C — Special Library Services Parcel Tax b) ORDINANCE NO. 1883 — An Ordinance of the City Council of the City of San Rafael Adding Chapter 3.36 to the San Rafael Municipal Code Entitled "Special Library Services Parcel Tax." 4. Designation of Voting Delegate and Voting Alternate to the League of California Cities Annual Conference - September 15-17, 2010, in San Diego (CC) — File 9-11-1 5. Call for Applications to Fill One Four -Year Term on the Measure `S' Citizens Oversight Advisory Committee, due to Expiration of Term of Clifford Detz — Term to Expire End of April 2014 (CC) — File 9-2-58 6. Call for Applications to Fill One Unexpired Alternate Term on the Design Review Board — Term to Expire End of June, 2011 (CC) —File 9-2-39 7. Resolution of Appreciation for Richard Olmsted for his Service on the Design Review Board (CD) — File 102 x 9-2-39 8. Status Report on Legislation Impacting the City of San Rafael (CM) — File 116 x 9-1 Minutes approved as submitted. a) RESOLUTION NO. 12992 RESOLUTION DECLARING CANVASS OF RETURNS AND RESULTS OF CONSOLIDATED SPECIAL MUNICIPAL ELECTION HELD ON JUNE 8, 2010 RE: MEASURE C — SPECIAL LIBRARY SERVICES PARCEL TAX b) Accepted Ordinance No. 1883 Approved staff recommendation. Approved staff recommendation: a) Called for applications to fill one, four- year term on the San Rafael Measure `S' Citizens Oversight Advisory Commission to expire the end of April, 2014; b) Set deadline for receipt of applications for Tuesday, July 27, 2010 at 12 noon in the City Clerk's Office, Room 209, City Hall; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, August 2, 2010, commencing at 6:00 PM. Approved staff recommendation: a) Called for applications to fill one unexpired Alternate term on the San Rafael Design Review Board to expire the end of June, 2011; b) Set deadline for receipt of applications for Tuesday, July 27, 2010 at 12 noon in the City Clerk's Office, Room 209, City Hall; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, August 2, 2010, commencing at 6:00 PM. RESOLUTION NO. 12993 RESOLUTION OF APPRECIATION FOR RICHARD OLMSTEAD FOR HIS SERVICE ON THE DESIGN REVIEW BOARD Accepted report. CC 07-06-2010 9. Resolution Setting the Special Assessment Tax Rate for Year 2010-2011 on all Taxable Property Within the Community Facilities District No. 1992-1 (Loch Lomond #10) (Fin) — File 6-50 x 9-12-1 10. Resolutions: - File 8-5 a) Appropriating Unappropriated Revenues for Fiscal Year 2009-2010; b) Approving Fiscal Year 2010-2011 GANN Appropriation Limit (Fin) 11. Bavpoint Lagoons Landscaping and Lighting District Annual Report: (PW) — File 6-48#9 a) Resolution Directing Filing of Engineer's Annual Report 2010/2011 b) Resolution Approving Engineer's Annual Report 2010/2011 c) Resolution of Intention to Order Improvements and Setting Public Hearing on Annual Assessment for Meeting of July 19, 2010) 12. Adopt Plans and Specifications for Street Resurfacing Manuel T. Freitas Parkway and Las Gallinas Avenue, City Project No. 11151, and Authorize the City Clerk to Call for Bids (PW) — File 4-1-619 13. Resolutions Authorizing Execution of the Right -of -Way Contracts with the Convenience Acquisition Company, LLC for the Purchase of a Portion of Property Located at 141 Bellam Boulevard, and with Josephine Mosk, Trustee, for the Purchase of a Portion of Property Located at 115 Bellam Boulevard for Right -of -Way Purposes in Connection with the Sidewalk Improvements on Bellam Boulevard and Francisco Boulevard East as Part of 1-580/Highway 101 Connector Project, and Authorizing Acceptance of the Easement Deeds for Such Properties (PW) — File 2-2.1 RESOLUTION NO. 12994 RESOLUTION SETTING THE SPECIAL ASSESSMENT DISTRICT TAX FOR LOCH LOMOND #10 FOR FISCAL YEAR 2010-11 AT $564 PER PARCEL, EXCEPTING EXEMPT ASSESSOR PARCEL NO'S. 16- 330-12, 13, 14 a) RESOLUTION NO. 12995 RESOLUTION APPROPRIATING UNAPPROPRIATED REVENUES FOR FISCAL YEAR 2009-2010 b) RESOLUTION NO. 12996 RESOLUTION APPROVING FISCAL YEAR 2010-2011 GAN N APPROPRIATIONS LIMIT AT $93,877,674 a) RESOLUTION NO. 12997 RESOLUTION DIRECTING FILING OF ENGINEER'S ANNUAL REPORT 2010/2011 -- BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) b) RESOLUTION NO. 12998 RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT 2010/2011 -- BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) c) RESOLUTION NO. 12999 RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND SETTING PUBLIC HEARING ON ANNUAL ASSESSMENT FOR CITY COUNCIL MEETING ON JULY 19,2010-- BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) Approved staff recommendation. RESOLUTION NO. 13000 RESOLUTION AUTHORIZING EXECUTION OF THE RIGHT-OF-WAY CONTRACT WITH JOSEPHINE MOSK, TRUSTEE, FOR THE PURCHASE OF A PORTION OF PROPERTY LOCATED AT 115 BELLAM BOULEVARD FOR RIGHT OF WAY PURPOSES IN CONNECTION WITH THE SIDEWALK IMPROVEMENTS ON BELLAM BOULEVARD AND FRANCISCO CC 07-06-2010 BOULEVARD EAST AS PART OF 1-580/HIGHWAY 101 CONNECTOR PROJECT, AND AUTHORIZING ACCEPTANCE OF THE EASEMENT DEED FOR SUCH PROPERTY RESOLUTION NO. 13001 RESOLUTION AUTHORIZING EXECUTION OF THE RIGHT-OF-WAY CONTRACT WITH THE CONVENIENCE ACQUISITION COMPANY, LLC FOR THE PURCHASE OF A PORTION OF PROPERTY LOCATED AT 141 BELLAM BOULEVARD FOR RIGHT-OF- WAY PURPOSES IN CONNECTION WITH THE SIDEWALK IMPROVEMENTS ON BELLAM BOULEVARD AND FRANCISCO BOULEVARD EAST AS PART OF 1-580/HIGHWAY 101 CONNECTOR PROJECT, AND AUTHORIZING ACCEPTANCE OF THE EASEMENT DEED FOR SUCH PROPERTY AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller SPECIAL PRESENTATION: 14. PRESENTATION OF RESOLUTION OF APPRECIATION TO RICHARD OLMSTED FOR HIS SERVICE ON THE DESIGN REVIEW BOARD (CD) — FILE 102 x 9-2-39 As Mr. Richard Olmsted was unable to attend this evening, Mayor Boro stated that the Resolution of Appreciation would be mailed to him. PUBLIC HEARINGS: 15. EASTERN TERMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE (NATIONAL ORNAMENTAL RESEARCH SITE — DOMINICAN UNIVERSITY AT UPPER DEER PARK AVENUE OR NORSDUC) — REQUESTS FOR AMENDMENTS TO THE PLANNED DEVELOPMENT -HILLSIDE DEVELOPMENT OVERLAY (PD -H) DISTRICT ZONING AND THE MASTER USE PERMIT FOR DOMINICAN UNIVERSITY, AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT TO ALLOW THE CONSTRUCTION AND OPERATION OF A TEMPORARY (THREE-YEAR), .85 -ACRE, SIMULATED, COMMERCIAL OUTDOOR NURSERY TO RESEARCH PATHOGENS AND PESTS ON ORNAMENTAL PLANT STOCK ON AN UNDEVELOPED 18.73 -ACRE, FORESTED HILLSIDE (CD) — FILE 10-2 x 10-7 Mayor Boro declared the public hearing opened. Bob Brown, Community Development Director, explained that the proposal fell into the category of unusual land uses sometimes seen associated with a university. He reported that an agricultural research facility would study Sudden Oak Death Syndrome on an 18 -acre site at the intersection of Magnolia and Deer Park Avenue for three years. Since the proposal entailed modifying both the campus master plan and the planned development zoning, the application was somewhat more complicated than a typical nursery. Steve Stafford, Assistant Planner, Community Development Department, provided the City Council with a map of the campus plan - an overlay of the map was on display for the convenience of the public. He reported that in 1998, the City Council originally approved the Dominican University campus development plan, which involved both a master use permit and a master design review permit, broken up into four phases: 1) Phase I - Construction of the indoor recreational facility, completed in 1998; 2) Phase 11 had two sub -phases: 1) Creation of the Science Center; and 2) Creation of a new chapel. The Science Center was created and developed in 2006 and the chapel would be incorporated in the ongoing renovation of Edgehill Mansion, which was expected to be completed some time next year; CC 07-06-2010 3) Phase III -- Creation of the Edgehill Village residential housing complex, completed in 2002; and 4) Phase IV involved the outdoor recreational facilities — the only part of the master plan that had not yet been concluded. Time extension request would be heard by the Planning Commission on August 10, 2010. Mr. Stafford reported that in 2008, the City Council reviewed an application to include Magnolia House in the Master Plan, which involved, similar to this project, re -zoning of the actual site and amendment of the Master Plan to incorporate its uses and development into the Master Plan. Explaining that the project was federally funded, Mr. Stafford stated that the NORSDUC (National Ornamental Research Site at Dominican University Campus) proposal was essentially a duplicate of Magnolia House and would approve a re -zoning on the site to allow for particular limited uses, to be incorporated into the master plan. He indicated that the Design Review permit would also be required to allow for the site improvements, which would be temporary in nature and removed when completed. Mr. Stafford reported that site improvements included planting beds, perimeter and privacy fencing, irrigation and drainage improvements, a modular office as well as utilities to the site. An Initial Study/Mitigated Negative Declaration was completed on the project analyzing the environmental impacts, which were identified as being mostly a result of temporary construction activities. Mr. Stafford reported that all of the environmental impacts had been mitigated to a less than significant impact with the implementation of mitigation measures and conditions of approval. Mr. Stafford stated staff found that the applications were consistent with applicable General Plan policies, with the exception of conservation policy CON -4, which requires a 50 -foot wetlands setback, which the project did not have. He explained that CON -4 allows for a waiver of the setback encroachment if it were demonstrated that the setback adequately protects the function and value of the wetlands to the greatest extent feasible subsequent to review by the appropriate regulatory agencies. Reporting that a biological assessment was conducted, Mr. Staff stated it was determined that there were some wetlands jurisdictional features on site and it also identified that they were isolated with very little or no associated habitat value, due to the limited size and depth. Since the project was not proposed to fill these jurisdictional features there was no Army Corps of Engineers requirement. He indicated that staff initiated consultation with the State Department of Fish and Game; however, no response had been received to date. It was also found that the project was consistent with both applicable zoning ordinance chapters and findings. Mr. Stafford reported that on June 14, 2010, the Planning Commission reviewed the project, held a hearing and recommended to the City Council adoption of the Initial Study, Mitigated Negative Declaration, ordinance approving amendment of the zoning on the site and the resolution approving amending the Master Use Permit on campus to incorporate this site and the Design Review improvements proposed for the site. Diane Henderson, Land Use Planner retained by Dominican University to assist with the entitlement process, stated she was accompanied by Michael Henkes, Assistant Director of Facilities for Dominican University. She indicated that Mr. Stafford's report to the Planning Commission was also very straightforward and believed Dominican University had done their homework and conducted neighborhood outreach, resulting in no one attending the Planning Commission meeting other than herself and Dominican University representatives. There being no further comment from the audience, Mayor Boro closed the public hearing. 1) Councilmember Connolly moved and Councilmember Levine seconded, to adopt the resolution: RESOLUTION NO. 13002 — RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR AMENDMENTS TO THE PLANNED DEVELOPMENT -HILLSIDE OVERLAY (PD -H) DISTRICT ZONING (ZC10-001) AND TO AN APPROVED MASTER USE PERMIT (UP10-004) AND AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED10-004) TO ALLOW THE CONSTRUCTION AND OPERATION OF A TEMPORARY (THREE YEARS), 0.85 -ACRE, SIMULATED COMMERCIAL OUTDOOR NURSERY TO RESEARCH PATHOGENS AND PESTS ON ORNAMENTAL PLANT STOCK ON AN UNDEVELOPED, 18.73 -ACRE, FORESTED HILLSIDE LOCATED AT THE EASTERN TERMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE (NATIONAL ORNAMENTAL RESEARCH SITE — DOMINICAN UNIVERSITY CAMPUS AT DEER PARK OR NORSDUC) (APN: 015-163-03) CC 07-06-2010 Councilmember Brockbank commented that, lest anyone get the impression there was no interest at all in this project, having attended the neighborhood meeting some months ago he reported approximately six interested neighbors in attendance. Noting the good staff work he believed there was nothing so controversial to cause any great concern; therefore, he was not surprised no one attended the Planning Commission meeting -- his residence is around the corner. Councilmember Levine stated he did not attend the meeting; however, he toured the site several months ago and enjoyed learning about the program, and he felt comfortable and confident with what Dominican University was doing. AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 2) The title of the Ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE ZONING MAP OF THE CITY OF SAN RAFAEL (ZC10-001) TO RECLASSIFY CERTAIN REAL PROPERTY LOCATED AT THE EASTERN TERMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE AND RESCINDING ORDINANCE NO. 1868 WHICH RECLASSIFIED DEVELOPED PROPERTIES WITHIN THE DOMINICAN UNIVERSITY CAMPUS AS PART OF THE DOMINICAN COLLEGE CAMPUS DEVELOPMENT PLAN, APPROVED IN 1998 AND INCORPORATING THOSE PRIOR APPROVED REZONING ACTIONS AS PART OF THIS APPROVAL (National Ornamental Research Site — Dominican University Campus at Deer Park or NORSDUC; APN: 015-163-03) Councilmember Brockbank moved and Councilmember Levine seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1884 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 3) Councilmember Connolly moved and Councilmember Levine seconded, to adopt the resolution: RESOLUTION NO. 13003 — RESOLUTION APPROVING USE PERMIT (UP10-004) FOR AN AMENDMENT TO THE DOMINICAN UNIVERSITY MASTER USE PERMIT (UP97-045) TO INCORPORATE THE NATIONAL ORNAMENTAL RESEARCH SITE AT DOMINICAN UNIVERSITY CAMPUS/DEER PARK INTO THE DOMINICAN UNIVERSITY CAMPUS AND APPROVING AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED10-004) TO ALLOW THE CONSTRUCTION OF A TEMPORARY (THREE YEARS), 0.85 -ACRE, SIMULATED COMMERCIAL OUTDOOR NURSERY TO RESEARCH PATHOGENS AND PESTS ON ORNAMENTAL PLANT STOCK ON AN UNDEVELOPED, 18.73 -ACRE, FORESTED HILLSIDE LOCATED AT THE EASTERN TEMINUS OF MAGNOLIA AVENUE AT DEER PARK AVENUE (APN: 015-163-03) AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller Mayor Boro introduced the new president of the Rotary Club of San Rafael, Diane Henderson. 16. CONSIDERATION OF ORDINANCE ESTABLISHING A TAX RATE FOR FISCAL YEAR 2010-2011 FOR PARAMEDIC SERVICES FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL. CSA 19. CSA 13 AND MARINWOOD CSD AS PROVIDED FOR IN THE VOTER APPROVED PARAMEDIC SERVICES SPECIAL TAX (FIN) — FILE 9-12-1 x 9-3-31 Mayor Boro declared the public hearing opened. Finance Director Cindy Mosser reported that this ordinance would establish the paramedic tax rate for fiscal year 2010-2011 for the City of San Rafael, County Service Area 19, County Service Area 13 and Marinwood Community CC 07-06-2010 Services District. She explained that the paramedic program began in 1979 allowing the City Council to approve tax rates based upon the cost of operating the paramedic program. In November, 2006, San Rafael voters passed Measure `P' which established a ceiling of $85.00 for residential tax rates and $.11 per square foot for non- residential units. Indicating the measure was valid through June, 2011, Ms. Mosser noted that the three other jurisdictions also adopted similar tax ceilings and time periods. She stated that for fiscal year 2010-2011, the cost of running the program was approximately $5.7 million, and this amount was included in the budget being presented this evening. Ms. Mosser reported that the Fire Department implemented some changes for the paramedic program in 2010- 2011, one of which related to third -party medical billing being done in-house. She explained this move would provide the Fire Department improved turnaround time for billing, better customer service and the ability to maximize the cost of recovery. Ms. Mosser stated staff proposed raising the residential rate by $4 to the $85 ceiling for the City as well as the other three jurisdictions. The residential sector comprises approximately 63.7% of the total paramedic resources. Staff also proposed that non-residential units be increased to a rate of $0.11 per square foot -- commercial and industrial customers comprise approximately 36.3%. Ms. Mosser stated that she, Fire Chief Chris Gray, City Manager Ken Nordhoff and Accountant Helen Yu had met with representatives from CSA 19, CSA 13 and Marinwood in April and provided figures for the maximum rate; they met again on June 30, 2010 to discuss the rates.. There being no comment from the audience, Mayor Boro closed the public hearing. The title of the ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX RATE, COMMENCING WITH FISCAL YEAR 2010/2011, AT THE RATES ALLOWED IN ORDINANCE NO. 1846 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL; AND FURTHER CONFIRMING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2010-2011 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, THE MARINWOOD COMMUNITY SERVICES DISTRICT, COUNTY SERVICE AREA NO. 13, AND COUNTY SERVICE AREA NO. 19 ($85.00 FOR RESIDENTIAL AND $.11 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTY) Councilmember Brockbank moved and Councilmember Connolly seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1885 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 17. CONSIDERATION OF RESOLUTION AMENDING THE MASTER FEE SCHEDULE REGARDING RESIDENTIAL BUILDING REPORT (RBR) FEES (FIN) — FILE 9-10-2 x 9-3-85 Mayor Boro declared the public hearing opened. Cindy Mosser, Finance Director, reported that since the inception of the Master Fee Schedule in 1996 there had been many updates, the latest being in January, 2009; however, since then the only revision had been for Animal Control Services. Indicating that this item was the consideration of the residential building report fees, Ms. Mosser explained that as a cost-saving measure staff reduced contractual services by $40,000 so that Planning staff could assume some of the inspections. As home re -sales were increasing and the building inspection workload was increasing, staff realized consultant work was needed to continue to maintain a faster turnaround time. The increase under consideration would allow the Planning Department to be in a position to hire a consultant. Ms. Mosser noted Exhibit A identified that the current Inspection Fee of $96 for a single-family residence would increase to $165 and for Condominiums increasing to $150 from the current $86. The current apartment rate of $96 for a first unit would increase to $165 plus $50 for each additional unit. It was hoped that the increases would raise sufficient revenues to pay for the consultant. CC 07-06-2010 Mr. Brown pointed out that the average fee among Marin jurisdictions which did retail inspections was $180; therefore, the City's proposed fee was still below the average. Additionally, he had made a presentation a few weeks ago to the Marin Association of Realtors regarding the fee increase. He indicated that last week he was contacted by Edward Segal, CEO, Marin Association of Realtors, who indicated their Board voted unanimously to support the fee increase in exchange for improved turnaround time; however, the Board also questioned the utility of resale inspections in general. Mr. Brown stated he proposed that he and Fire Chief Gray draft a letter to Marin Association of Realtors. The basic notion was that the Board believed many homeowners already had resale inspections carried out by private contractors, the purpose of which was for buyer protection; however, San Rafael's significantly less expensive resale inspections were much more focused on safety aspects. Mr. Brown stated that with the City Council's concurrence he and Fire Chief Gray would respond to the Board along those lines. There being no comment from the audience, Mayor Boro closed the public hearing. Councilmember Levine moved and Councilmember Brockbank seconded, to adopt the resolution: RESOLUTION NO. 13004 — RESOLUTION AMENDING THE MASTER FEE SCHEDULE TO REVISE THE COMMUNITY DEVELOPMENT DEPARTMENT FEE FOR RESIDENTIAL BUILDING REPORTS AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller OTHER AGENDA ITEMS: 18. CONSIDERATION OF RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL'S RESPONSE TO THE MARIN COUNTY CIVIL GRAND JURY REPORT ENTITLED — "THE MARIN HEALTH AND WELLNESS CAMPUS: AN INNOVATIVE COMMITMENT TO HEALTH CARE" (CD) — FILE 269 x 9-3-85 Indicating that the City of San Rafael's involvement in this Grand Jury Report was minimal, Mr. Brown explained that the report for the most part was congratulatory in nature regarding the consolidation of health-related services provided by Marin County at the Health and Wellness Campus. He noted the only findings and recommendations related to the City included concerns about the effects of the Mi Pueblo market on local traffic safety and parking and also the possible need for better way -finding signage to the facility. Staff responded that the City Traffic Engineer was carefully monitoring Mi Pueblo traffic and this past week commissioned a new pedestrian crosswalk that had been installed on Bellam Boulevard to gain access to the market, which should significantly improve bicyclist and pedestrian safety. Regarding signage, Mr. Brown stated this was entirely a County responsibility. They were not even regulated by San Rafael's sign ordinance; therefore, any signage improvements would be the County facility operator's responsibility. Councilmember Levine requested staff to expand on why the County on their property did not have to follow any laws of the neighboring parcels of land. Noting these parcels conform to a certain standard, he questioned why this one piece of property did not have to. Mr. Brown explained that "superior" levels of government did not have to comply with land use regulations of lesser levels of government, therefore, the County of Marin and School Districts could exempt themselves from City zoning regulations. Mr. Nordhoff added that several years ago when the campus was being considered, staff met with their Marin County counterparts and structured a Memorandum of Understanding that covered a number of issues related to traffic, curb improvements, signalization, etc. He indicated they worked collaboratively to reach some agreement on items the County did at San Rafael's request, despite not being obligated to do so. Councilmember Levine inquired whether as part of negotiations they could be requested to comply with certain aspects of the City's code, or in a certain way, even if they did not meet the code. Mr. Brown confirmed that in this case it was a cooperative arrangement. Councilmember Connolly moved and Councilmember Brockbank seconded, to adopt the resolution: CC 07-06-2010 RESOLUTION NO. 13005 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2009-2010 MARIN COUNTY GRAND JURY REPORT ENTITLED "THE MARIN HEALTH AND WELLNESS CAMPUS; AN INNOVATIVE COMMITMENT TO HEALTH CARE" AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 19. 1) RESOLUTION ADOPTING AMENDMENTS TO THE CITY BUDGET FOR FISCAL YEAR 2009-2010 (FIND 2) RESOLUTION ADOPTING CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2010-2011 3) RESOLUTION ADOPTING CAPITAL IMPROVEMENT (CIP) PLAN 4) RESOLUTION ADOPTING REPORT FROM MEASURE `S' COMMITTEE 5) UPDATE ON ECONOMIC VITALITY PLAN 6) UPDATE ON RECESSION ACTION PLAN File 8-5 x 9-2-58 x 9-3-40 In presenting the City's budget for fiscal year 2010-2011 and amendments to the fiscal year budget for 2009-2010, Ms. Mosser noted proposed budgets had been presented on June 7 and June 21, 2010 to obtain guidance from the City Council. She confirmed that the budget presented under Exhibit I for fiscal year 2010-2011 identified some changes for revenues from the June 21 report. She explained that staff updated Loch Lomond tax assessment with a very minor increase to match this evening's staff report, representing revenues of $15,228. Also Falkirk Cultural Center's rental income increased by $23,000 following their revenue enhancement plan. Regarding third -party ambulance billing, Ms. Mosser reported a decrease of approximately $200,000, which included the Emergency Medical Fund. With regard to revenue projections, Ms. Mosser reported that the sales tax projection had slightly increased to $14.6 million and accounted for approximately 34% of all tax revenue. Measure 'S'— Transactions and Use Tax - was projected to be $5.8 million. An assessment in the amount of $650,000 had been included for the Library Assessment — Measure C - in its own fund. Total revenues noted on Page 2, Exhibit 1, demonstrated a figure of $79.1 million. Regarding expenditure assumptions noted on Pages 3 and 4 of the staff report, Ms. Mosser stated that compensation changes were made according to current contracts. There were no increases except for the Fire Association and Fire Chief Officers' Association. Furloughs were included in expenditure assumptions and Exhibit VI contained a listing of all authorized positions. Ms. Mosser noted 71 % of the total budget related to salaries and benefits. No percentage increase was included for Cost of Living expenditures -- levels were held from fiscal year 2007/2008 —and the only changes made were for contractual obligations. Vehicle replacement had been deferred for another year; therefore all non -safety vehicles were not being funded. Ms. Mosser estimated appropriations to be $75.5 million and, as reflected on Page 5 of the staff report, the General Fund appropriations would be approximately $56.2 million with reserves of $1.4 million (2.6%, which was low compared to the City's 10% goal). Ms. Mosser stated that amendments were made to the City's budget for Fiscal Year 2009/2010, approved in January, 2010 — Exhibits III and IV. With these changes, appropriations were $83.7 million and revenues $82.5 million for fiscal year 2009-2010. Reporting that the Measure 'S" Committee reports were included as Exhibits X and XI, Ms. Mosser stated the committee found that the Transactions and Use Tax revenues were being properly used to support the critical services and General Fund for the annual budget for fiscal years 2009-2010 and 2010-2011; however, due to the current economic situation, total General Fund revenues decreased; therefore, the committee wanted to note that even with Measure `S' funding it was necessary to reduce some essential service levels. Ms. Mosser reported that the Public Works Department had formulated a comprehensive five-year Capital Improvement Project plan — listed on Exhibit VII. She explained this listing identified projects impacting all of San Rafael's infrastructure, including roads, pedestrian & bicycle facilities, drainage system buildings, etc. totaling approximately $50 million. The Exhibit identified estimated funding sources of $27 million, leaving a shortfall of $23 million. Ms. Mosser noted that updates of the Recession Action Plan and the Economic Vitality Plan were included as Exhibits VIII and IX CC 07-06-2010 Ms. Mosser thanked the departments that assisted in compiling the report, together with Van Bach, Accounting Supervisor, Helen Yu and Carl Tregner, Accountants and Richard Landis, Administrative Manager, Public Works. Councilmember Connolly noted that the Marin Energy Authority was the newest tenant at the San Rafael Corporate Center. Mayor Boro thanked Ms. Mosser and her staff for their great work. He noted many meetings had taken place on budget adjustments and he expressed thanks to the Department Directors for working so well with Finance. 1) Councilmember Levine moved and Councilmember Brockbank seconded, to adopt the resolution: RESOLUTION NO. 13006 — RESOLUTION ADOPTING AMENDMENTS TO THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2009-2010, TO BALANCE THE FISCAL YEAR 2009-2010 BUDGET AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 2) Councilmember Connolly moved and Councilmember Brockbank seconded, to adopt the resolution: RESOLUTION NO. 13007 — RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR JULY 1, 2010 — JUNE 30, 2011 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURES OF ALL SUMS SET FORTH IN SAID BUDGET IN THE AMOUNT OF $75,450,198 AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 3) Mayor Boro thanked the Public Works Department for compiling the report on the five-year Capital Improvement Program, as there had not been one in a while. Councilmember Brockbank moved and Councilmember Levine seconded, to adopt the resolution: RESOLUTION NO. 13008 — RESOLUTION APPROVING A FIVE-YEAR CAPITAL IMPROVEMENT PROJECT (CIP) PLAN FOR FISCAL YEARS JULY 1, 2010 TO JUNE 30, 2011 THROUGH JULY 1, 2014 TO JUNE 30, 2015 AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 4) Councilmember Levine moved and Councilmember Connolly seconded, to adopt the resolution: RESOLUTION NO. 13009— RESOLUTION ADOPTING THE MEASURE `S' COMMITTEE REPORT COVERING THE PROPOSED FISCAL YEAR 2010-2011 GENERAL FUND BUDGET AYES: COUNCILMEMBERS: Brockbank, Connolly, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller 5) Update on Economic Vitality Plan — no action necessary. 6) Update on Recession Action Plan — no action necessary. CITY MANAGER'S REPORT: 20. Council Chambers Upqrade: 9-1 Mr. Nordhoff reported that Gus Bush, IT Manager, Jim Schutz, Assistant City Manager and he were generating a staff report to be presented to the City Council in the next couple of months concerning audio/video improvements in the Council Chambers. Funds and alternatives were being compiled for Council to consider. 10 CC 07-06-2010 COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 21. Proposition 23: - File 9-1 Councilmember Levine distributed copy of a staff report from the Chief Legislative Analyst, Los Angeles, together with draft resolutions opposing Proposition 23 which would suspend AB 32, and he requested that the issue be agendized for future consideration by the San Rafael City Council. Councilmember Brockbank concurred. As there was City Council and City Manager consensus, City Attorney Robert Epstein confirmed that this item could proceed at the next City Council meeting. U.S. Conference of Mavors — Oklahoma Citv: - File 9-1 Reporting on his attendance at the U.S. Conference of Mayors held in Oklahoma City from June 11 — 15, 2010, Mayor Boro indicated that the U.S. Conference of Mayors normally elects their president at the summer meeting; however, Greg Nichols, Mayor of Seattle, who was elected president in June, 2009, was not re-elected as Mayor in November, 2009. Mayor Boro explained that former Mayor Nichols approximately six years ago introduced the concept of the Climate Change Action Plan to which over 1,000 cities nationally had now signed on. As Mr. Nichols left in December, 2009, Mayor Boro reported that Elizabeth Kautz, Mayor of Burnsville, MN, was elected to an 18 -month term. He provided each of the Councilmembers with a Metro Agenda for America that she and her staff had presented. He noted it addressed the importance of jobs, climate protection and energy block grants, sustainable transportation investments, homeland security, etc. Indicating that the conference was addressed by several members of the Cabinet, including some Senators, Mayor Boro reported that Senator Sherwood Brown, Ohio, introduced a local job bill containing $75 billion in assistance to get people back to work - H.R. 4812 was associated. The intent was to create one million jobs. Commenting on the success of Community Development Block Grants, Mayor Boro believed one of the reasons for this success was that the money came directly to agencies enabling them to move forward. The initial plan proposed for energy included money for cities; however, the White House did not include money for this in their particular recommendation to Congress and the Bill going through the Senate currently from Liberman and Carey did not provide for an energy plan that would have funds come directly to cities. Mayor Boro reported that the U.S. Congress was making a full -court press on the issue, championed by Senator Mark Begich, Alaska, and Speaker Pelosi was also committed. Reporting that he sits on the Criminal and Social Justice Committee, Mayor Boro stated that Bernard Melekian (known to San Rafael Fire Chief Gray and former San Rafael Chief of Police Cronin), U.S. Department of Justice and head of the COPS (Community Oriented Policing Services) program, addressed this group. The federal government was currently working on renewing money for COPS programs. Mayor Boro reported that the issue of the new law in Arizona regarding immigration was the subject of much discussion and the Conference passed a resolution urging Congress and the President to pass comprehensive immigration reform. He believed it was necessary for the national leadership to assume a role and implement a program to deal with immigration. Noting Sam Beard founded the Jefferson Awards honoring volunteers nationwide, Mayor Boro stated that a Jefferson Awards program was being generated to encourage high school students to become involved in community service. Its theme was to develop the next generation of volunteers by exposing young people to volunteer work. Mayor Boro indicated he would speak with the Superintendent of Schools for San Rafael to ascertain whether something could be worked out. Having attended an interesting discussion with the current and three former mayors of Oklahoma City, Mayor Boro reported that they reviewed a series of accomplishments they achieved in their community. A series of three sales tax measures was passed each with a specific goal: To redo their convention center — a seven-year tax raised $1 million annually; To commence work on the redevelopment of downtown; and Develop a stadium — they anticipate having an NBA team. 11 CC 07-06-2010 They were currently in the process of passing their fourth measure which would bring light rail to Oklahoma City. Mayor Boro stated that the downtown was made up of hotels and office buildings — no shops or housing — and they were beginning to evaluate these issues also. He found it interesting to hear how over almost thirty-five years, successive mayors had been able to complete this vision and keep it going forward, which was a tribute to these mayors and those with whom they served on their City Councils. Mayor Boro stated it was a good example of long- term planning and how they reached some great success. Mayor Boro reported having had the opportunity of attending the memorial for the Federal Building which was bombed and hearing from a survivor and a victim's sister. 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 12 CC 07-06-2010