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HomeMy WebLinkAboutCC Minutes 2010-09-07SRCC Minutes (Regular) 09/07/2010 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 7.2010 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Greg Brockbank, Councilmember Barbara Heller, Councilmember Marc Levine, Councilmember Absent: Damon Connolly, Vice -Mayor 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 item. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: Cole, Janet v. Citv of San Rafael Marin County Superior Court Case # CV092469 City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None. 8:01 PM Mayor Boro announced that with regard to Item 2 on the Consent Calendar — Final Approval of Ordinance No, 1887 concerning Independent Expenditures — the following language was added in Section 1. 16.030 F. and G "Trustee of the San Rafael Board of Education." Councilmember Brockbank moved and Councilmember Levine seconded, to approve the Consent Calendar as follows: CONSENT CALENDAR: Second Readina and Final Adoption of Ordinance No. 1887 — (CA) AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING NEW CHAPTER 1.16 TO THE SAN RAFAEL MUNICIPAL CODE ENACTING DISCLOSURE AND REPORTING REGULATIONS FOR INDEPENDENT EXPENDITURES IN CITY ELECTIONS — File 9- 4 — Independent Expenditures 3. Resolution Repealing Resolution No. 12574, Re -adopting the FPPC Model Conflict of Interest Code as the City's Conflict of Interest Code, and Adopting a Revised List of Designated Employee Positions and Disclosure Categories, to Be Incorporated into the City's Conflict of Interest Code (CA) — File 9-4-3 4. Resolution Supporting Proposition 22 — "Prohibits the State from Taking Funds Used for Transportation or Local Government RECOMMENDED ACTION: Approved final adoption of Ordinance No. 1887 as amended. RESOLUTION NO. 13037 RESOLUTION REPEALING RESOLUTION NO. 12574, RE -ADOPTING THE FPPC MODEL CONFLICT OF INTEREST CODE, AS THE CITY'S CONFLICT OF INTEREST CODE, AND ADOPTING A REVISED LIST OF DESIGNATED EMPLOYEE POSITIONS AND DISCLOSURE CATEGORIES, TO BE INCORPORATED INTO THE CITY'S CONFLICT OF INTEREST CODE RESOLUTION NO. 13038 RESOLUTION SUPPORTING PROPOSITION 22, "PROHIBITS THE STATE FROM TAKING FUNDS SRCC Minutes (Regular) 09/07/2010 Projects and Services" — on November 2010 Ballot (CM) — File 116 x 9-1 5. Resolution Opposing Proposition 23 — "Suspends Implementation of Air Pollution Control Law (AB 32) Requiring Major Sources of Emissions to Report and Reduce Greenhouse Gas Emissions that Cause Global Warming Until Unemployment Drops to 5.5 Percent or Less for Full Year" — on November 2010 Ballot (CM) — File 116 x 9-1 6. Resolution Opposing Proposition 26 — "Requires that Certain State and Local Fees Be Approved by Two -Thirds Vote. Fees Include Those that Address Adverse Impacts on Society or the Environment Caused by the Fee -Payer's Business" — on November 2010 Ballot (CM) — File 116 x 9-1 SRCC Minutes (Regular) 09/07/2010 Page 2 USED FOR TRANSPORTATION OR LOCAL GOVERNMENT PROJECTS AND SERVICES" — ON NOVEMBER 2010 BALLOT RESOLUTION NO. 13039 RESOLUTION OPPOSING PROPOSITION 23 — "SUSPENDS IMPLEMENTATION OF AIR POLLUTION CONTROL LAW (AB 32) REQUIRING MAJOR SOURCES OF EMISSIONS TO REPORT AND REDUCE GREENHOUSE GAS EMISSIONS THAT CAUSE GLOBAL WARMING UNTIL UNEMPLOYMENT DROPS TO 5.5 PERCENT OR LESS FOR FULL YEAR" — ON NOVEMBER 2010 BALLOT RESOLUTION NO. 13040 RESOLUTION OPPOSING PROPOSITION 26, "REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO-THIRDS VOTE. FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENT CAUSED BY THE FEE -PAYER'S BUSINESS" ON NOVEMBER 2010 BALLOT 7. Resolution Supporting Marin County RESOLUTION NO. 13041 Transportation Improvement Measure B "A RESOLUTION SUPPORTING MARIN COUNTY Measure Providing for Transportation TRANSPORTATION IMPROVEMENT MEASURE B Improvements in Marin County Through a "A MEASURE PROVIDING FOR TRANSPORTATION Ten Dollar Vehicle Registration Fee" — on IMPROVEMENTS IN MARIN COUNTY THROUGH A November 2010 Ballot (CM) — File 116 x 9-1 TEN DOLLAR VEHICLE REGISTRATION FEE" 8. Resolution of Appreciation for Gary Burns, Supervisor — Athletics, Community Services Department, Employee of the Quarter Ending June, 2010 (CS) — File 102 x 9-3-65 9. Resolution Approving a Contract Amendment Extending Funding with First Five Marin (Marin Children and Families Commission) for Fiscal Year 2010-2011 to Provide School Readiness Preschool Services at Pickleweed Children's Center in the Amount of $73,218.00 and Authorizing the City Manager to Sign Contract Documents (CS) — File 4-10-238 x 9-3-65 RESOLUTION NO. 13042 RESOLUTION OF APPRECIATION TO GARY BURNS, EMPLOYEE OF THE SECOND QUARTER OF 2010 RESOLUTION NO. 13043 RESOLUTION APPROVING A CONTRACT AMENDMENT EXTENDING FUNDING WITH FIRST FIVE MARIN (MARIN CHILDREN AND FAMILIES COMMISSION) FOR FISCAL YEAR 2010-2011 TO PROVIDE SCHOOL READINESS PRESCHOOL SERVICES AT PICKLEWEED CHILDREN'S CENTER IN THE AMOUNT OF $73,218.00, AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS 10. Resolution to Amend Job Classifications RESOLUTION NO. 13044 Represented by SEIU to Address RESOLUTION TO AMEND JOB CLASSIFICATIONS Departmental Needs in the San Rafael Fire REPRESENTED BY SEIU TO ADDRESS Department and Community Development DEPARTMENTAL NEEDS IN THE SAN RAFAEL Department (MS) — File 7-8-1 FIRE DEPARTMENT AND COMMUNITY DEVELOPMENT DEPARTMENT 11. Resolution Approving a Memorandum of Understanding (MOU) Side Letter Between the City of San Rafael and the San Rafael Police Association Regarding Out of Class Compensation (MS) — File 7-8-3 RESOLUTION NO. 13045 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING (MOU) SIDE LETTER BETWEEN THE CITY OF SAN RAFAEL POLICE ASSOCIATION REGARDING OUT OF CLASS COMPENSATION SRCC Minutes (Regular) 09/07/2010 12. Resolution Accepting Bartel Associates' GASB 45 Compliance Report for Data Ending June 30, 2009 (MS) — File 4-3-476 13. Resolution Proclaiming September 2010 as National Preparedness Month in the City of San Rafael (MS) — File 102 x 13-11 SRCC Minutes (Regular) 09/07/2010 Page 3 RESOLUTION NO. 13046 RESOLUTION ACCEPTING BARTEL ASSOCIATES' GASB 45 COMPLIANCE REPORT FOR DATA ENDING JUNE 30, 2009 RESOLUTION NO. 13047 RESOLUTION PROCLAIMING SEPTEMBER 2010 AS NATIONAL PREPAREDNESS MONTH IN THE CITY OF SAN RAFAEL 14. Resolution of Appreciation Recognizing Dan RESOLUTION NO. 13048 Williams for his Efforts in Promoting RESOLUTION OF APPRECIATION RECOGNIZING Emergency Preparedness and Enhancing DAN WILLIAMS FOR HIS EFFORTS IN PROMOTING Disaster Response Capabilities at Smith EMERGENCY PREPAREDNESS AND ENHANCING Ranch Homes (MS) — File 102 x 13-11 DISASTER RESPONSE CAPABILITIES AT SMITH August 31, 2010) (PW) — File 4-1-621 RANCH HOMES 15. Resolution Approving Expansion and Enhancement of the San Rafael Disaster Council (MS) — File 13-11 RESOLUTION NO. 13049 RESOLUTION APPROVING THE EXPANSION AND ENHANCEMENT OF THE SAN RAFAEL DISASTER COUNCIL 16. Report on Bid Opening and Resolution RESOLUTION NO. 13050 Awarding Contract for 5 Fair Drive Retaining RESOLUTION AWARDING A CONTRACT FOR THE Wall Replacement, Project No. 11160, to 5 FAIR DRIVE RETAINING WALL REPLACEMENT Hillside Drilling, Inc. in the Amount of PROJECT, CITY PROJECT #11160, TO HILLSIDE $79,369.00 (Bid Opening held Tuesday, DRILLING INC., IN THE AMOUNT OF $79,369.00 August 31, 2010) (PW) — File 4-1-621 17. Report on Bid Opening and Resolution RESOLUTION NO. 13051 Awarding Contract for Street Resurfacing RESOLUTION AWARDING A CONTRACT FOR THE Curb Ramps 2010-2011, Project No. 11161, STREET RESURFACING CURB RAMPS 2010-2011 to FBD Vanguard in the Amount of PROJECT, CITY PROJECT #11161, TO FBD $159,636.00 (Bid Opening held Tuesday, VANGUARD CONSTRUCTION, INC., IN THE August 31, 2010) (PW) — File 4-1-623 AMOUNT OF $159,636.00 18. Report on Bid Opening and Resolution Awarding the Contract for Freitas Parkway and Las Gallinas Avenue Resurfacing 2010 Rebid, Project No. 11152, to Ghilotti Brothers, Inc. in the Amount of $497,018.00 (Bid Opening held Wednesday, September 1, 2010) (PW) — File 4-1-619 19. Resolution Accepting a Proposal and Authorizing the Public Works Director to Enter Into a Professional Services Agreement with Kimley-Horn & Associates, Inc. for Professional Engineering Services for Various Projects in an Amount Not to Exceed $144,100.00 (PW) — File 4-3-512 20. Resolution Appointing New Members to the Business Improvement District (BID) Board of Directors through June 30, 2012 (RA) — File 224 RESOLUTION NO. 13052 RESOLUTION AWARDING THE CONTRACT FOR FREITAS PARKWAY AND LAS GALLINAS AVENUE RESURFACING 2010 REBID, PROJECT NO. 11152, TO GHILOTTI BROTHERS, INC., IN THE AMOUNT OF $497,018.00 RESOLUTION NO. 13053 RESOLUTION ACCEPTING A PROPOSAL AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR VARIOUS PROJECTS IN AN AMOUNT NOT TO EXCEED $144,100.00 RESOLUTION NO. 13054 RESOLUTION APPOINTING NEW MEMBERS TO THE BUSINESS IMPROVEMENT DISTRICT (BID) BOARD OF DIRECTORS THROUGH JUNE 30, 2012 SRCC Minutes (Regular) 09/07/2010 SRCC Minutes (Regular) 09/07/2010 Page 4 SPECIAL PRESENTATIONS: 21. PRESENTATION OF RESOLUTION OF APPRECIATION TO GARY BURNS, SUPERVISOR — ATHLETICS. COMMUNITY SERVICES DEPARTMENT, EMPLOYEE OF THE QUARTER ENDING JUNE, 2010 (CS) — FILE 102 x 9-3-65 Announcing Gary Burns had been selected Employee of the Second Quarter for 2010, Mayor Boro quoted from the Resolution of Appreciation: "Gary Burns worked for the City of San Rafael as a high school student officiating at baseball and basketball games, and for the past 15 years as a Recreation Supervisor; and Mr. Burns understood his job description as one administrating sports, fitness and wellness programs to an appreciative community; and in his case, the `other duties as assigned' clause in his job description was exercised to include the Community Center management at the San Rafael, Terra Linda, and Pickleweed Community Centers, along with ball field preparation, reception desk coverage, custodial duties, pool operators' certification, adult enrichment course curriculum administration, catalog publication, burger flipping and bartending at special events; and Mr. Burns has accepted each assignment with a consistent initial dour response, followed by an exemplary commitment to service to the organization and our customers; and Mr. Burns resorted to reducing his workstation to a plastic box of files, for portability to various worksites; and Mr. Burns routinely works evenings, weekends, and whenever and wherever needed to deliver recreation programs and services on behalf of the City." Stating that Gary Burns was an exemplary employee, Mayor Boro thanked the committee for selecting him as Employee of the Quarter and on behalf of the citizens of San Rafael and the City Council he congratulated and thanked him. Thanking Mayor Boro and the City Council, Mr. Burns expressed appreciation for the recognition and stated he was very fortunate to work with great people in the Community Services Department, as well as other City employees, who were hard and dedicated workers. 22. PRESENTATION OF RESOLUTION OF APPRECIATION PROCLAIMING SEPTEMBER 2010 NATIONAL PREPAREDNESS MONTH IN THE CITY OF SAN RAFAEL (MS) — FILE 102 x 13-11 Mayor Boro invited Steven Hancock, Emergency Services Manager and Angela Del Ponte, Emergency Operations Department, to the podium, and for the benefit of those in the audience reported that these two employees headed up the Emergency Operations Center. Proclaiming September 2010 National Preparedness Month, Mayor Boro quoted from the Resolution: "National Preparedness Month is an opportunity to raise awareness about the importance of emergency preparedness and to encourage all residents to better prepare themselves and their families for emergencies and disasters; and preparedness is the shared responsibility of the entire community. Individuals can prepare themselves and their families for emergencies by becoming informed about different threats and hazards, making a personal preparedness plan, assembling an emergency supply kit, and getting involved in preparing their community; and the City of San Rafael is enhancing its Disaster Council to provide a forum for evaluating and enhancing inter -agency communications as well as encouraging coordination of emergency/disaster response and recovery functions; and the City of San Rafael and leaders from the business community have created a Post Disaster Business Recovery Strategy to address the barriers of disaster recovery and explore what the City and business community can do to minimize business disruption and long term or permanent closures; and SRCC Minutes (Regular) 09/07/2010 SRCC Minutes (Regular) 09/07/2010 Page 5 the City of San Rafael is committed to ensuring that City staff are prepared to fulfill their obligations as Disaster Service Workers through emergency trainings and exercises and the implementation of State and Federal emergency management programs; and the City of San Rafael continues to improve our community's ability to prepare for emergencies by offering several exemplary emergency preparedness programs: CERT and Get Ready; and together, City staff and residents can significantly enhance the level of community preparedness to further safeguard and secure our homeland; and during National Preparedness Month, we encourage all residents to get themselves and their families prepared, as well as to be involved in their community's preparedness efforts. Now, therefore, be it resolved, that the Mayor and City Council of the City of San Rafael hereby proclaim September 2010 'National Preparedness Month' in the City of San Rafael and encourage all San Rafael residents and business owners to make preparedness a priority in their homes, schools, and businesses." Mayor Boro thanked Mr. Hancock and Ms. Del Ponte for their great work in raising the level of awareness in the community about the importance of disaster preparedness. 23. PRESENTATION OF RESOLUTION OF APPRECIATION TO DAN WILLIAMS — SMITH RANCH HOMES (MS) — FILE 102 x 13-11 Inviting Dan Williams, Smith Ranch Homes, to the podium, Mayor Boro stated this was a Resolution of Appreciation recognizing him for his efforts in promoting emergency preparedness and enhancing disaster response capabilities at Smith Ranch Homes, and he quoted: "Dan Williams is a graduate of the City of San Rafael's Community Emergency Response Team program, has taken refresher courses and advanced trainings; and Dan has been instrumental and steadfast working with the Smith Ranch Homes community of 310 residents in developing a safer, more disaster resilient San Rafael; and Dan worked diligently with the San Rafael Office of Emergency Services to bring CERT training to the residents and fellow Smith Ranch Homes Community Disaster Plan Organization team members and management staff with a one -day disaster skills training on site at Smith Ranch Homes; and Dan demonstrates community leadership by recruiting neighbors to be part of the Smith Ranch Homes Community Disaster Plan Organization, to obtain the hands-on training and skills, and educates team members about their roles and responsibilities on the team; and Dan actively participates in emergency communication plans and works with residents and staff to provide amateur radio training, and updates the City of San Rafael with current emergency communication plans; and Dan participates in the quarterly earthquake drills at Smith Ranch Homes assisting fellow team members with their role, technical equipment support, and safety guidance in the drills; and Dan is passionate about disaster preparedness and believes in the importance of being prepared to create a community that is less susceptible to the affects of a disaster. Now, therefore, be it resolved that the Mayor and the City Council of the City of San Rafael hereby commend Dan Williams for his tireless and selfless efforts in disaster preparedness on behalf of the City of San Rafael." Mayor Boro presented Mr. Williams with the Resolution of Appreciation. Mr. Williams thanked Mayor Boro and the City Council. He stated that Mr. Hancock and Ms. Del Ponte were always willing to enhance the ability to serve in all parts of San Rafael and to increase the radio capability and everything the Office of Emergency Services was commissioned to do, and a lot more. It was a real pleasure to work with them and with this work he learned something every day. SRCC Minutes (Regular) 09/07/2010 SRCC Minutes (Regular) 09/07/2010 Page 6 Mr. Hancock stated that during National Preparedness Month an individual or organization is recognized who had contributed to the efforts the City was attempting to accomplish. This year staff deemed it appropriate that Dan Williams receive the award, specifically because of his contribution at Smith Ranch Homes for so many years. He possessed a sense of determination not found in a lot of community members, which staff wished to inspire throughout the City. Mr. Hancock presented Mr. Williams with a flashlight engraved with the language: "In recognition of Dan Williams for his tireless and selfless efforts on behalf of the City of San Rafael, September 2010." CITY MANAGER'S REPORT: 24. Council Chambers Audio/Video Svstem: - File 9-3-88 x 9-1 Assistant City Manager Jim Schutz noted that testing of the proposed audio/video system for the Council Chambers was taking place this evening and would continue at the Design Review Board meeting tomorrow, Wednesday. Testing would continue during the coming months prior to initiating live broadcasts later in the year. Legislation Affecting San Rafael: - File 116 x 9-1 Economic Development Coordinator Stephanie Lovette reported that the legislative session ended on August 31, 2010 with some bills making it through and some not: • Green Ordinances and Green Initiatives — mostly negative, specifically the defeat of the plastic bag ban, part of AB 32 was removed by the author, and responsibility for batteries and carpets failed. • AB 1717 - Electronic Voting — passed • AB 2317 - San Rafael to collect administrative costs for Code Enforcement (Lydia Romero Bill) — successful • SB 1036 — Tax Administration: Disclosure Information — (Andrew Thompson Bill) — did not pass. • SB 294 Massage Therapists and the state overriding local control — passed. The League of California Cities is opposing this bill and requesting vetoes. • AB 155 — City Bankruptcy Bill — failed • Bills to respond to the City of Bell situation — two passed and the two to have City Council and City Managers' salaries posted did not pass. • AB 602 — Statue of Limitations for Housing Elements and other housing related projects The League of California Cities requested vetoes. • AB 909 — Red Light violations — right turns; The League of California Cities requested vetoes. Mayor Boro commented that the approximately two-thirds state fees remained whole while San Rafael's were cut. Councilmember Brockbank commented that Brad Breithaupt, Editorial Editor of the Marin Independent Journal, seemed very interested in the red-light camera bill. His (Councilmember Brockbank) understanding was that when it was originally passed it inadvertently included right turns on red, which was not the purpose of the red light cameras and this was merely a correction to an earlier error. Regarding the EPR (Extended Producer Responsibility) bills, Councilmember Brockbank clarified that of three bills, carpets and paints passed and batteries did not. Regarding the two bills on which the League of California Cities requested letters to the Governor, Councilmember Heller inquired as to the timing of these letters and whether this should be handled at the next legislative meeting or through the City. Ms. Lovette stated that MCCMC would meet on September 22, 2010 and noted it could be done either way; however, lately, San Rafael had been taking positions on its own. Letters were due by the end of September. Councilmember Heller clarified for Mayor Boro that the bills in question were AB 909 (red light cameras) and SB 294 (massage practitioners). SRCC Minutes (Regular) 09/07/2010 SRCC Minutes (Regular) 09/07/2010 Page 7 Mr. Schutz stated it was not intended that the City Council take action tonight, rather this could be returned at the next meeting or the City Council could direct staff to generate letters for Mayor Boro's signature. Mr. Epstein reported that he had not reviewed SB 294 and staff had been spending a lot of time on a revision to the Massage Ordinance, scheduled to be presented to the City Council in the next month or so. He confirmed for Mayor Boro that this bill could be returned for the next City Council meeting. Mayor Boro inquired as to the Police Department's position on the red light violation issue. Stating he had taken copious notes regarding AB 909, Police Lieutenant Raffaelo Pata indicated he would need to discuss the bill with the Traffic Commander and the City Attorney. Ms. Lovette stated she would discuss AB 602 with Bob Brown, Community Development Director. She confirmed for Councilmember Heller that September 30, 2010 was the last day for letters to be submitted to the Governor. Regarding AB 602, Mr. Epstein suggested the City join the League of California's position; however, he would provide an analysis on the three bills. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 25. None. There being no further business, Mayor Boro adjourned the City Council meeting at 8:25 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF ,2010 ALBERT J. BORO, Mayor SRCC Minutes (Regular) 09/07/2010 SRCC Minutes (Regular) 09/07/2010 Page 8 SRCC Minutes (Regular) 09/07/2010