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HomeMy WebLinkAboutCC Minutes 2010-08-02SRCC Minutes (Regular) 08/02/2010 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 2, 2010 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Jim Schutz, Assistant 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 — 7:00 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 CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM 1) a) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: Mary Gomes v. Citv of San Rafael Marin County Superior Court Case #CIV085977 City Attorney Robert Epstein reported that the City Council voted 4:0 (Councilmember Brockbank abstaining) to approve a settlement that had been placed on the Court record last week. b) Conference with Labor Negotiators— Government Code Section 54957.6(a) Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Robert Epstein Employee Organization: Western Council of Engineers City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:11 PM Plastics and Waste Reduction: - File 9-1 Stuart Moodv stated that the plastics plague has resulted in awareness of litter, wildlife impacts, waste and toxicity, and in the past the focus has been on evaluating single -use plastic bans, one of three steps to end the plague of plastics — Product Stewardship and Green Chemistry being the other two. He suggested that Mayor Boro, on behalf of the City Council, submit a letter in support of AB 1998 — Plastic Bag Ban. He also suggested scheduling a study session regarding the various types of plastic pollution that could be controlled in San Rafael and, if properly done, he believed there could be a lot of support for single -use plastic bans in the near future. He indicated that Sustainable San Rafael and Green Sangha were ready to contribute to that effort. There was Council consensus in support of Mayor Boro's writing a letter supporting AB 1998. Given the fact that the issues of plastics reduction generally were so prominent in the Climate Change Action Plan, Councilmember Brockbank suggested scheduling a study session, aside from the plastic bag ban issue, in the next few months. Mayor Boro requested that Assistant City Manager Jim Schutz relay this request to City Manager Nordhoff to set up as time permitted. Councilmember Connolly moved and Councilmember Brockbank seconded, to approve the Consent Calendar as follows: SRCC Minutes (Regular) 08/02/2010 CONSENT CALENDAR: 2. Approval of Minutes of Special City Council Meeting of June 2 and Regular City Council Meeting of July 19, 2010 (CC) 3. City Attorney's Impartial Analysis of the City of San Rafael Paramedic Service Special Tax Rate Increase and Appropriations Limit Increase Measure on the November 2, 2010 Ballot (CA) — File 9-4 4. Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien (City of San Rafael Community Facilities District No. 2) (CA) — File 6-55 x 9-4 5. Appointment of John Robertson as Alternate member of the San Rafael Design Review Board — Unexpired Term to Expire End of June, 2011 (CC) — File 9-2-39 7 N Resolution Authorizing the City Manager to Sign a Professional Services Agreement with Community Design + Architecture for Preparation of the Downtown Station Area Plan (P10-002) (CD) — File 4-3-510 x 170.1 Resolution Authorizing the City Manager to Sign a Professional Services Agreement with Fehr & Peers for Preparation of the Civic Center Station Area Plan (P10-002) (CD) —File 4-3-511 x 170.1 Resolution Authorizing the Temporary Closure of Mission Avenue Between C Street and E Street for the 2010 San Rafael Food and Wine Festival (CS) — File 11-19 Resolution Approving Entering into a Contract (CSPP-0290) with the Department of Education for State Preschool Services and Authorizing the City Manager to Sign Contract Documents in the Amount of $179,275 (CS) — File 4-10-238 x 9-3-65 SRCC Minutes (Regular) 08/02/2010 Page 2 RECOMMENDED ACTION: Minutes approved as submitted. Accepted report. RESOLUTION NO. 13018 RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN (City of San Rafael Community Facilities District No. 2) Approved staff recommendation. RESOLUTION NO. 13019 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH COMMUNITY DESIGN + ARCHITECTURE FOR PREPARATION OF THE DOWNTOWN SAN RAFAEL STATION AREA PLAN (P10-002) (TERM OF AGREEMENT FROM AUGUST 2, 2010 AND ENDING ON FEBRUARY 29, 2012 — MAY BE CONTINUED AN ADDITIONAL PERIOD OF THREE MONTHS WITH APPROVAL OF CITY MANAGER, IN AN AMOUNT NOT TO EXCEED $400,000) RESOLUTION NO. 13020 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH FEHR & PEERS FOR PREPARATION OF THE CIVIC CENTER STATION AREA PLAN (P10-002) (TERM OF AGREEMENT FROM AUGUST 2, 2010 AND ENDING ON MAY 31, 2012 — MAY BE CONTINUED AN ADDITIONAL PERIOD OF THREE MONTHS WITH APPROVAL OF CITY MANAGER IN AN AMOUNT OF $125,000) RESOLUTION NO. 13021 RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF MISSION AVENUE BETWEEN C STREET AND E STREET FOR THE SAN RAFAEL FOOD AND WINE FESTIVAL RESOLUTION NO. 13022 RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT (CSPP-0290) WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $179,275 SRCC Minutes (Regular) 08/02/2010 10. Report on Bid Opening for the Santa Margarita Park Tennis and Basketball Court Renovation, Project No. 11159 (PW) — File 4-1-618 11. Adopt Plans and Specifications for the "City Hall HVAC Upgrade Project' (#11154), and Authorize the City Clerk to Call for Bids (PW) — File 4-1-622 12. Resolution Approving and Authorizing the Director of Public Works to Execute an Agreement with West Coast Arborists, Inc. for Routine and Emergency Tree Services for a Period Commencing August 2, 2010 and Ending on June 30, 2014, and Subject to a 2 - Year Extension by Agreement of the Parties, in an Amount Not to Exceed $220,000 per Fiscal year (PW) — 13. Accept Completion of the Non -Motorized Transportation Pilot Program (NTPP) Northgate Gap Closure Bikeway Improvements, Project # 11117, and Authorize the City Clerk to File the Notice of Completion (PW) — File 4-1-613 x 4-13-120 14. Adopt Plans and Specifications for Construction of 41 Curb Ramps and Curb and Gutter Reconstruction and Authorize the City Clerk to Call for Bids (PW) — File 4-1-623 15. Resolution Authorizing Temporary Closure of Ritter Street from Lincoln Avenue to Third Street August 14, 2010 from 9:00 a.m. — 5:00 p.m. to Support Goodwill — Ritter Center Partnership Donation Drive / SOS Marin (RA) — File 11-19 SRCC Minutes (Regular) 08/02/2010 Page 3 Accepted report. Approved staff recommendation. Removed from agenda at request of staff. Approved staff recommendation. Approved staff recommendation. RESOLUTION NO. 13023 RESOLUTION AUTHORIZING TEMPORARY CLOSURE OF RITTER STREET FROM LINCOLN AVENUE TO THIRD STREET AUGUST 14, 2010 FROM 9AM TO 5PM TO SUPPORT THE GOODWILL-RITTER CENTER PARTNERSHIP DONATION DRIVE/ SOS MARIN AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARING: 16. RE: Mello Roos District Proceedings for Communitv Facilities District No 2 (Loch Lomond Marina Development, 110 Loch Lomond Drive): (CA/PW) CONSIDERATION OF ORDINANCE LEVYING SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2 (CITY OF SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2) — FILE 6-55 Presenting the staff report on behalf of Deputy City Attorney II Lisa Goldfien, City Attorney Rob Epstein reported that in August, 2007, the City granted land use and subdivision approvals for the Village at Loch Lomond Marina Development. In approving the project, the City Council imposed a condition of approval requiring the formation of a Mello -Roos Community Facilities District (CFD) to collect funds to assure the long-term maintenance of certain publicly -accessible park and conservation areas within the development, to be established concurrently with recordation of the final subdivision map. Mr. Epstein stated that over the past two months, the City Council had been taking actions required for the formation of the new Community Facilities District --"The City of San Rafael Community Facilities District No. 2 ("CFD No. 2"). Following a public hearing on July 19, 2010, the City Council adopted a resolution SRCC Minutes (Regular) 08/02/2010 SRCC Minutes (Regular) 08/02/2010 Page 4 approving the formation of CFD No. 2 and a second resolution calling a special election and submitting to the qualified electors of the district a ballot measure for the imposition of a special tax and the establishment of an initial appropriations limit for the District. Mr. Epstein reported that the special election was held and the ballot measure passed unanimously. Accordingly, it was now appropriate for the City Council formally to levy the special tax in the District that would provide funds on an ongoing basis for the maintenance services to be provided by CFD No. 2. He explained that levy of the tax must occur by adoption of an ordinance. The attached ordinance levies the special tax according to the Rate and Method of Apportionment of Special Tax, attached as Exhibit A to the ordinance and previously approved as part of the Resolution of Formation. The maximum tax permitted would be $2,439.22 per market rate dwelling unit, $1.15 per square foot of nonresidential space, and a flat rate of $74,216.22 for the marina parcel. Mr. Epstein reported that the special tax process would commence in fiscal year 2011-2012. Because the improvements to be maintained by the new district had not yet been constructed, no tax would be required to be imposed immediately. Annually, the City Council would be asked to set the specific tax rate for each parcel by resolution. Mr. Epstein requested that the ordinance be introduced at tonight's meeting and schedule the second reading for the City Council meeting of August 16, 2010. Mayor Boro declared the public hearing opened 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 OF SAN RAFAEL LEVYING SPECIAL TAXES WITHIN SAN RAFAEL COMMUNITY FACILITIES DISTRICT NO. 2 Councilmember Heller 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. 1886 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OTHER AGENDA ITEMS: 17. 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 — "DOMESTIC VIOLENCE: MARIN'S NUMBER ONE VIOLENT CRIME" (PD) — FILE 269 x 9-3-30 Lieutenant Raffaello Pata stated that the 2009-2010 Marin County Civil Grand Jury issued a report on June 4, 2010 entitled "Domestic Violence: Marin's Number One Violent Crime." In that report they made findings and recommendations and requested Marin County's three larger agencies - Marin County Sherriff's Department, San Rafael Police Department and the Novato Police Department — to evaluate the Marin County Chief's of Police protocol for handling domestic violence cases which, along with the California Penal Code, largely governs how these cases are handled. Lt. Pata reported that staff was largely in agreement with the findings San Rafael was requested to respond to, specifically items F-4, F-5, F-10 and F-16. With regard to Recommendations R-1, R-3 and R-4 he reported that the San Rafael Police Department was in compliance with all of the recommendations and was prepared to speak with the Marin County Chiefs of Police regarding item R-4 which required further group analysis. Councilmember Brockbank stated he had no problem with the proposed responses and thanked Lt. Pata and Mr. Epstein for agendizing the item within 60 days to afford time for City Council feedback, if necessary. Noting disagreement with the recommendation requiring four hours of annual training, he questioned whether there was any flexibility to add even a couple of hours per year of training, whether it could be done in the future, time permitting, or whether it was something that could be done in the event all other agencies provided four hours of officer training annually. SRCC Minutes (Regular) 08/02/2010 SRCC Minutes (Regular) 08/02/2010 Page 5 Lt. Pata explained that officers receive eight hours minimum in the Police Academy, together with an additional two -hours annually; however not captured was the throughout the day roll -call training. Two hours was the official POST (Police Officer Standards Training) requirement; however, much more was provided, including review of cases on a nightly basis, with daily follow-up review. POST required two hours, and although difficult to quantify, he believed this was being met and the City Council should feel comfortable that much more than two hours was being provided. Councilmember Connolly inquired as to what "non-custodial arrest option" referred to. Lt. Pata stated his understanding from the Grand Jury's recommendations was that based on some studies and research, they were asking the Marin County Chiefs of Police to consider a non -arrest or a non - booking scenario for some of the abusers. Recognizing domestic violence was a horrible crime in Marin County he indicated staff favored looking at the issue further with County partners to ascertain what exactly it meant as he believed the Grand Jury was requesting the issue be considered absent a lot of research or information. Councilmember Levine inquired whether there were other regions in California that did not have or practice a pro -arrest policy. Lt. Pata stated he was unaware of any other agency that did not have a pro -arrest protocol or policy. The California Penal Code, Section 273.5, was quite illustrative of how officers should conduct themselves in these investigations and did not leave a lot of wiggle room. Some cases did not involve a traumatic condition, rather a misdemeanor or lesser offense, and in such instances San Rafael was in compliance with the potential of a non-custodial case. With a traumatic condition where a primary aggressor was identified it was necessary to comply with the felony law. Councilmember Levine inquired whether Lt. Pata believed the Marin County Grand Jury was speaking to the latter offense. Lt. Pata stated that since they did not cite those two specific sections, but rather the umbrella section that covered domestic violence, he was unsure; however, there were two additional sections — Penal Code Sections 273.5 and 243 E-1. With respect to R-4, Mayor Boro stated that, should meetings be held and discussions concluded, staff should apprise the City Council of the outcome as he assumed there should be follow-up to the Grand Jury. Councilmember Connolly moved and Councilmember Levine seconded, to adopt the resolution: RESOLUTION NO. 13024 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2009-2010 MARIN COUNTY GRAND JURY REPORT ENTITLED "DOMESTIC VIOLENCE: MARIN'S NUMBER ONE VIOLENT CRIME." AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY MANAGER'S REPORT: 18. Canal Dredging: - File 12-10 Indicating that the Army Corps of Engineers would be dredging the inner and outer channels of the Canal in the coming months, Jim Schutz, Assistant City Manager, announced that a community informational meeting would be held in the Council Chambers on Thursday, August 19, 2010 at 6:00 p.m. Information would be provided on the dredging status, permitting procedure, contacts for permitting and private dredging, etc. Ken Nordhoff and Richard Landis, together with representatives from the Army Corps of Engineers and BCDC (Bay Conservation and Development Commission) would be in attendance. Mr. Schutz stated he would forward information on the dredging start date to the City Council. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) SRCC Minutes (Regular) 08/02/2010 SRCC Minutes (Regular) 08/02/2010 Page 6 19. North Bav Division - Leaaue of California Cities: - File 9-11-1 x 9-1 • Proposition 22: Indicating that he and Councilmember Heller attended the North Bay Division — League of California Cities meeting on last Thursday, Councilmember Brockbank reported it was noted with dismay that the State Democratic Party, by a very narrow margin of a couple of points beyond the required threshold, took a "No" position on Proposition 22 — Protect Local Services. Stop State Raids! Letters had been generated to Democratic and Republican elected officials, urging Democrats to urge Jerry Brown, gubernatorial nominee, to support Proposition 22. Councilmember Brockbank submitted material to the City Clerk for distribution to the City Council at a later date. State Prisons: Councilmember Brockbank reported that he and Councilmember Heller attended a meeting in the City of Dixon and heard a discussion on the anticipated release of 40,000 state prisoners — to be released to counties in what basically was an unfunded mandate. Because the meeting was one city short of the required quorum, business could not be conducted, which would have included the reelection of nominee Alice Fredericks, Tiburon, North Bay representative to the Board, and nominee Greg Brockbank, Second Vice -President; therefore, he believed it important for councilmembers to consider attending these quarterly meetings. He submitted material for distribution to the City Council. There being no further business, Mayor Boro adjourned the City Council meeting at 8:36 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2010 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 08/02/2010