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HomeMy WebLinkAboutCC Minutes 2011-01-18SRCC Minutes (Regular) 01/18/2011 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 18, 2011 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Jim Schutz, Interim City Manager Lisa Goldfien, Deputy City Attorney II Esther C. Beirne, City Clerk Members of the public may speak on Agenda items. OPEN SESSION – COUNCIL CHAMBERS – 7:00 PM Vice -Mayor Brockbank announced Closed Session item. CLOSED SESSION – CONFERENCE ROOM 201 – 7:00 PM Present: Greg Brockbank, Vice -Mayor Damon Connolly, Councilmember Barbara Heller, Councilmember Marc Levine, Councilmember Absent: Albert J. Boro, Mayor Conference with Legal Counsel—Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financiniz LP, et al. v. Citv of San Rafael, et al. U.S. Court of Appeals for Ninth Circuit, Case # 09-16447, 09-16451, 09-16612, 09-16613 Deputy City Attorney II Lisa Goldfien announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:01 PM SanRafaelPatch.com:- File 9-1 Nicole Elv introduced herself as the new local editor for the online newspaper San Rafael Patch: www.SanRafaelPatch.com Smart Meters: - File 9-1 Vicki Sievers expressed thanks for the City Council's excellent, reasoned letter to the CPUC (California Public Utilities Commission) and PG&E in November, 2010, requesting an immediate moratorium on further installation of Smart Meters in San Rafael; however, this was ignored and deployment continued. She stated that while many residents hung on to their analog meters, they needed help until an opt -out or wired solution provision was available. Some individuals with new meters were becoming ill and should be protected. Ms. Sievers urged the City Council to enact an ordinance opposing further installation of wireless Smart Meters in San Rafael and assist those experiencing adverse health effects to have their meters and those nearby removed. She also suggested a City Council resolution in support of AB 37 and that PG&E be requested to provide information as to the location and specifications of the data collection units. Kim Hahn reported that, although PG&E indicated to her that Smart Meters would not be installed at her residence until the end of February, 2011, a Smart Meter was installed at her home on September 28, 2010 and since then she had suffered from Tinnitus. Robert Ernst, same residence as previous speaker, stated that, although health issues were predominant, of equal importance and more far-reaching was the privacy issue. The imposition of Smart Meters was anti -democratic, unconstitutional and totally invasive and he supported AB 37. 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 01-18-2011 Valeri Hood, Fairfax, stated that she hears from people on a daily basis about the health impacts of Smart Meters and she reported that signs residents had made appeared to help in prohibiting some installations. Beth Weiser, San Rafael, reporting that she had placed a stall on installation of a Smart Meter at her home, stated she and her husband were experiencing health problems and having called PG&E she learned that Smart Meters had been installed on adjacent neighbors' homes. She urged the City Council to do something about this issue which was plaguing many people. Bover Cole, Naturopathic Medical Doctor, stated he had seen patients who were having problems as a result of Smart Meters and he noted that as walking antennas, electromagnetic fields attached to people. He indicated that the added effect of these meters caused inflammation in the body, which was the major cause of all chronic degenerative diseases. November Alexis, San Rafael, stated that she had been experiencing intense health effects, such as cognitive difficulties, migraines, etc., from the four Smart Meters placed on her building. She also had difficulties with her electrical equipment, With regard to the financial impacts Kathleen Russell stated that she almost spent a lot of money to rewire her kitchen before learning the issue was related to PG&E. She believed a lot of Marin County and beyond residents would have to spend large sums unnecessarily because of the installation of Smart Meters. Sanaita Moslie, San Rafael, reported having had a lot of electrical power surges and motion sensor problems as a result of her Smart Meter installation. While the meter had since been removed, the damage appeared to be permanent to the electrical outlets. Gavle Mills, San Rafael, stated that because of the many questions relating to health, privacy, etc., the precautionary principles should come into play. She encouraged the City Council to take whatever action possible to support residents on this issue. She also encouraged support of AB 37 and to create a moratorium for San Rafael. Kativn Stranger, San Rafael, stated she was concerned at the prospect of having a Smart Meter installed on her home and urged consideration be given to the fact that over time everyone would feel the effects in astronomical health issues. Sill Csaklos, stated he could no longer sleep in his own bedroom as in October, 2010, without his permission, PG&E installed a Smart Meter three feet from his bed. He had experienced heart palpitations, arrhythmia and insomnia and not feeling safe in his house was deeply disturbing; however, he had more concern for his neighbor's two small girls who now had a Smart Meter attached to the wall of their bedroom. While no one knew what the eventual health consequences would be, it was clear that PG&E had no interest in such consequences when money could be made. Without permission, residents had become part of a very dangerous experiment and he requested the City Council's help in protecting neighborhoods and children now. Leslie Simons, San Rafael, stated it needed to be realized that PG&E was a corporation, and as pointed out by Mayor Boro recently, San Rafael had a gas line similar to that in San Bruno, that had been removed from the dangerous list. Rather than relying on PG&E residents looked to the City Council to try to prevent Smart Meters from being installed until safe. Interim City Manager Jim Schutz issued a reminder of the City Council's position that PG&E should suspend installations of Smart Meters until the study was released by the California Council of Science and Technology, that the study found no negative impacts, that a permanent opt -out program be available, and that PG&E conduct a series of meetings to convey the results of the study to the public. Subsequent to that letter, the report had been published and the executive summary indicated a much smaller level of radio frequency than cell phones or microwaves. Mr. Schutz stated the report indicated that known thermally -induced health impacts were safe; however, there was not as much known on the non -thermal side and it very clearly noted a lack of sufficient scientific evidence. He indicated that staff intended to comment on the document along the lines of the City Council's stated position and, while the report was technically in draft form until the end of January, once it became final PG&E was willing to schedule meetings to discuss the report and their response. Mr. Schutz reported Assemblymember Huffman's office indicated today that they were accepting the report and, while not requesting additional study, they were focusing on AB 37 requesting the provision of alternatives and to permit customers to decline Smart Meters. Mr. Schutz believed a City Council resolution supporting AB 37 would be agendized in the future. Vice -Mayor Brockbank thanked the speakers. CC 01-18-2011 Councilmember Connolly moved and Councilmember Heller seconded, to approve the Consent Calendar as follows: CONSENT CALENDAR: RECOMMENDED ACTION: ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE APPROVED BY ONE APPROVAL OF THE MOTION, UNLESS SEPARATE ACTION IS REQUIRED ON A PARTICULAR ITEM: FOLLOWING ACTION: 2. Approval of Minutes of Combined Regular and Special Minutes approved as submitted. Meeting of December 6, 2010 and Special Meeting of January 3, 2011 (CC) 3. Resolution of Appreciation to Andrea Gilles, RESOLUTION NO. 13091 Administrative Assistant, San Rafael Community Center, RESOLUTION OF APPRECIATION TO ANDREA Employee of the Quarter Ending September, 2010 (CS) GILLES, EMPLOYEE OF THE THIRD QUARTER — File 102 x 9-3-65 OF 2010 4. Resolution of Appreciation to Debbie Younkin, RESOLUTION NO. 13092 Supervisor, Terra Linda Community Center, Employee RESOLUTION OF APPRECIATION TO DEBBIE of the Quarter Ending December, 2010 (CS) — YOUNKIN, EMPLOYEE OF THE FOURTH File 102 x 9-3-65 QUARTER OF 2010 5. Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement in an Amount Not to Exceed $26,310 with Godbe Research to Conduct a City Satisfaction Survey for 2011 (CM) — File 4-3-435 RESOLUTION NO. 13093 RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $26,310 WITH GODBE RESEARCH TO CONDUCT A CITY SATISFACTION SURVEY FOR 2011 Monthly Investment Report for Month Ending December, Accepted Monthly Investment Report for 2010 (Fin) — File 8-18 x 8-9 month ending December, 2010, as presented. Adopt Plans and Specifications for Construction of Approved staff recommendation. Woodland Avenue Sidewalk Improvements for Laurel Dell Elementary School, A Safe Routes to School Project, City Project No. 11124, and Authorize the City Clerk to Call for Bids (PW) — File 4-1-626 Resolution Authorizing the Director of Public Works to Enter into an Agreement with the County of Marin for Land Surveyor Services in an Amount Not to Exceed $50,000 (PW) — File 4-13-128 x 9-3-40 RESOLUTION NO. 13094 RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF MARIN PUBLIC WORKS DEPARTMENT TO PROVIDE LAND SURVEYOR SERVICES IN THE AMOUNT NOT TO EXCEED $50,000 8a. Application for Grant for Community Alcohol, Tobacco Approved staff recommendation. and Other Drug Prevention Coalitions (PD) — File 9-3-30 AYES: COUNCILMEMBERS: Connolly, Heller, Levine & Vice -Mayor Brockbank NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro SPECIAL PRESENTATIONS: 9. PRESENTATION OF RESOLUTION OF APPRECIATION TO ANDREA GILLES, EMPLOYEE OF THE QUARTER ENDING SEPTEMBER, 2010 (CS) — FILE 102 x 9-3-65 Stating that each quarter, the City honors one of its employees from which an Employee of the Year is selected, Vice -Mayor Brockbank announced that Andrea Gilles, Administrative Assistant — Community Services, had been selected Employee of the Third Quarter of 2010. Vice -Mayor Brockbank invited Ms. CC 01-18-2011 Gilles to the podium and quoted from the Resolution of Appreciation: " Andrea Gilles is a valued member of the Community Services Department; and in her position as Administrative Aide II at the San Rafael Community Center she is an exemplary 'ambassador' for the Department; and her professional deportment in her role provides a friendly, confident, respectful first impression for customers; and Andrea is adept at solving problems and providing service creatively, sometimes with elbow grease, and always with a positive attitude; and Andrea has stepped up and beyond her assigned duties to absorb those of positions cut or colleagues absent such as training part-time personnel, payroll, invoice processing and software management, sometimes performing the work previously shared by three Administrative Aides; and Andrea is as efficient and dependable as she is gracious, compassionate and caring; and her sense of humor and gift of personal attention provide a healthy work environment in a demanding multi- task setting. Now, therefore, be it resolved, that the Mayor and City Council of the City of San Rafael hereby designate Andrea Gilles as the 'Employee of the Quarter' for the Third Quarter of 2010, and express sincere appreciation for her dedication, professionalism and outstanding service to the City of San Rafael." Vice -Mayor Brockbank thanked and congratulated Ms. Gilles and presented her with a City pin. Expressing appreciation for the kind words, Ms. Gilles stated this meant a lot to her, kept her going and she loved what she does. 10. PRESENTATION OF RESOLUTION OF APPRECIATION TO DEBBIE YOUNKIN, EMPLOYEE OF THE QUARTER ENDING DECEMBER, 2010 (CS) — FILE 102 x 9-3-65 Vice -Mayor Brockbank invited Debbie Younkin, Recreation Supervisor — Terra Linda Community Center, Community Services, to the podium and quoted from the Resolution of Appreciation: "Debbie Younkin is a valued member of the Community Services Department; and in her position as Recreation Supervisor of the Terra Linda Community Center she is an energetic and inspirational leader in the Department; and Debbie manages the people, programs and spaces at the Center, the Terra Linda Community Pool, the Terra Linda Community Garden, all of which have increased in patronage and quality, thriving under her management; and Debbie extends herself to produce outside her assignments, publishing the Department Catalog three times per year, researching and implementing new trends in programming and marketing, mentoring young professionals, assuming local and statewide leadership in California Parks and Recreation Society; and Debbie is not to be denied a challenge or new opportunity such as operating the Hamilton Pool in Novato its first season at considerable profit over cost; and Debbie devotes substantial personal time to manage her programs and facilities; and her sense of humor and gift of personal attention provide a healthy work environment in a demanding, multi- task setting. Now, therefore, be it resolved that the Mayor and the City Council of the City of San Rafael hereby designate Debbie Younkin as the 'Employee of the Quarter' for the Fourth Quarter of 2010, and express sincere appreciation for her dedication, professionalism and outstanding service to the City of San Rafael." Vice -Mayor Brockbank congratulated Ms. Younkin and presented her with a City pin. Ms. Younkin stated that working with the Community Services Department for the past three years had been a wonderful opportunity for her to give back to the community in which she lives. PUBLIC HEARING: 11. RESOLUTION ORDERING VACATION OF THE UNIMPROVED PORTION OF THE PUBLIC RIGHT OF WAY EASEMENT ADJACENT TO 1850 POINT SAN PEDRO ROAD, SUBJECT TO RESERVATION OF A PUBLIC UTILITY EASEMENT OVER THE VACATED PORTION THEREOF (PW) — FILE Continued to City Council meeting of Tuesday, February 22, 2011. 4 CC 01-18-2011 OTHER AGENDA ITEMS: 12. VOLUNTEER PROGRAM STRATEGIC PLAN 2011-2013 (CM) — FILE 235 x 214 Deputy City Manager Nancy Mackle reported that a formal volunteer program was created approximately fourteen years ago in an effort to recruit volunteers and place them throughout San Rafael and the community. The program was staffed by Cory Bytof, a third of whose time was dedicated to Falkirk Cultural Center. Recent budget cuts and other changes in staff necessitated enhancing volunteerism; therefore, staff had generated a plan that strategically looked at increasing volunteerism without increasing the budget, staffing or adding other resources. Mr. Bytof reported that the Volunteer Program Strategic Plan was devised by having discussions with the City Council, staff, department managers, other volunteers, community groups, neighborhood associations and those who had previously volunteered in the community, together with a review of the literature in terms of trends in volunteerism. Mr. Bytof reported that generally, volunteer services in San Rafael were very robust — over 2,000 volunteers and 53,000 hours annually, valued at over $1.2 million in service donated to the City annually. Mr. Bytof explained that the Volunteer Program Strategic Plan was meant to address the following key components: • Changes in the City — staff reductions, retirements, lay-offs, etc. • Trends in volunteers, specifically the change in demographics of volunteers While the City needed volunteers more now than ever, with less staff than ever to coordinate volunteers, greater efficiency was necessary. Mr. Bytof reported that boomers were replacing the greatest generation in terms of the City's volunteer pool and with them came a different set of expectations in terms of flexibility, being part of the decision-making team, etc. In some instances a lot of volunteer roles would be filled as usual, while others would be hard pressed, and in some cases to engage more of the community, new volunteer positions would need to be created. Mr. Bytof listed some of the benefits to strategically addressing the issue: • A higher level of volunteer in that more people had college degrees or contributed professional level work to volunteer services • Continue to engage more volunteers as more volunteers were retiring from volunteer service • Staff freed from some of their work to engage in critical tasks • Dialogue continued with the community — volunteers were sometimes the greatest source of communication to and from the community, as most lived or worked in San Rafael • Expand capacity for high-level work when volunteers, such as boomers, with professional backgrounds or circle of influence were engaged as volunteers • Plan for potential problems and become more efficient in preparing for the tidal wave of service in the next ten years Mr. Bytof explained the seven goals of the Strategic Plan: 1. Coach staff in each department to develop their own volunteer -related budget goals. 2. Train more staff in volunteer management in order to have a more robust staff ability to recruit, manage and supervise volunteers. 3. Increase marketing and recognition efforts — Marin County had the highest number of non -profits per capita in the nation. 4. Implement the City's ongoing graffiti volunteer program, in accordance with the Graffiti Action Plan, for which grants had been received. First trainings with the Public Works Department would begin in March, 2011, with the first volunteer projects planned for Earth Day in April, 2011. 5. Implement cross -training with volunteers across departments, specifically relating to safety - Police, Fire and OES - getting volunteers trained for disaster services and to assist with other public safety components. 6. Create more high -impact opportunities and recruit professional volunteers. 7. Continue current effective volunteer programs and positions, while building overall capacity across CC 01-18-2011 the organization to utilize and strengthen volunteer use more successfully. Councilmember Levine stated that in the past month he had been approached by two different administrators at Dominican University regarding getting interns placed with the City of San Rafael and he considered this to be a great resource. Expressing concern about working with students with a lot of demands on their time Councilmember Levine stated he was impressed however, with an intern who had done some work for an organization. He stated it appeared Dominican had some capacity to manage interns to ensure they got something from the internship and he recommended considering the university and their business school. Mr. Bytof reported that internship opportunities had been posted with Dominican a lot in the past; however, only one could be followed through with and placed. He stated Councilmember Levine's contact would be good as coming directly from the university could prove to be more successful. Councilmember Connolly complimented Mr. Bytof on the Volunteer Program Strategic Plan and inquired as to what was happening in terms of graffiti volunteerism. Mr. Bytof reported that staff discussed the issue with police, public works and other departments to decide how to begin. A `Keep America Beautiful' grant of $2,500 was received and Terra Linda Rotary provided a further $2,000 grant; Marin Evening Rotary was also interested in contributing $2,000. Mr. Bytof reported that volunteer training would commence in March, 2011, and Chief of Police Odetto would attend the first session. He reported having conducted outreach to neighborhoods to identify those who could be trained to be volunteer leaders, as well as identify first responders. Once identified, these volunteers would be provided with kits and supplies would be located in parks, such as Freitas. Councilmember Connolly moved and Councilmember Levine seconded, to accept the report. AYES: COUNCILMEMBERS: Connolly, Heller, Levine & Vice -Mayor Brockbank NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro CITY MANAGER'S REPORT: 13. Marin Sanitary Service: - File 4-3-32 x 9-1 Interim City Manager Jim Schutz reported that garbage rates would be agendized for the City Council meeting of February 7, 2011 and should councilmembers have remaining questions or comments these should be submitted to staff to ensure a comprehensive staff report was available. COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 14. Experience Corps: - File 9-1 Councilmember Levine distributed information on Experience Corps, an organization comprised of Americans over 55 working with students. Marin Telecommunications Aqencv (MTA): - File 9-1 x 4-13-101 Councilmember Levine reported that he had been elected Vice -Chair of the Marin Telecommunications Agency; Andy Berman would continue as Chair. There being no further business, Vice -Mayor Brockbank adjourned the City Council meeting at 8:55 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12011 ALBERT J. BORO, Mayor CC 01-18-2011