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SRCC Minutes (Regular) 02/22/2005 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, FEBRUARY 22, 2005 AT 8:00 P.M.
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Barbara Heller, Vice-Mayor
Paul M. Cohen, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
Also Present: Rod Gould, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION – COUNCIL CHAMBER – 7:30 PM
None
CLOSED SESSION – CONFERENCE ROOM 201 – 7:30 PM:
None
SPECIAL PRESENTATION:
REPORT BY MARIN/SONOMA MOSQUITO AND VECTOR CONTROL DISTRICT BOARD
1.
MEMBER LILA MCCARTHY – FILE 9-2-9 x 13-1
Mayor Boro reported that he had requested Board Member Lila McCarthy to apprise the City Council of
what was happening in the Marin/Sonoma Mosquito and Vector Control District with regard to
mosquitoes and what could be expected in the coming year.
Ms. McCarthy stated she had only been a Board Member since November 2004; however, she had
applied herself in attempting to get up to speed. She reported having submitted a report on some of
the most outstanding recent happenings, the largest being the annexation, as could be seen from the
attached map. She understood this was approved by LAFCO some years ago and had gone through a
long process. She indicated that the property owners in the newly annexed territory voted on it, getting
weighted votes according to the value of their property tax, if annexed. Having passed, Ms. McCarthy
noted that currently all of Marin and Sonoma counties were within the boundaries of the District.
Indicating that the Board would be adding two new members, Ms. McCarthy reported that all of the
cities and both counties were represented, noting representatives would be added from Cloverdale and
Healdsburg. She noted the District had added 8 new staff persons, and they had been going around to
the newer areas handing out leaflets and trying to educate some of the residents. She reported that
some meetings had been held with local residents, some of which were reported on in the newspaper.
Ms. McCarthy stated that Jim Wanderscheid, District Manager,went out to some of the newer areas
and met with citizen groups. He is scheduling a meeting with the citizen groups, the State Department
of Health and the County Health Department to afford people the opportunity to express their concerns,
which, hopefully, the District would allay.
Ms. McCarthy noted the new officers for the District Board this year:
John Healy, Santa Rosa, President;
Claire McAuliffe, Belvedere, Vice-President; and
Henry Fuhs, Cotati, Secretary.
Mayor Boro thanked Ms. McCarthy for preparing the report in such a short period of time. He reported
hearing on the news it was anticipated that there could be a larger outbreak of West Nile Virus this
year, and he inquired whether the District thought this was a possibility.
Responding, Ms. McCarthy stated this was the thinking of the District and they were attempting to be
prepared should that be the case. She stated they had biologists, etc., on staff who were more familiar
with the technicalities. They noted that last year this was more prevalent in Southern California;
however, it had now gone further into the population and was expected to grow, with perhaps an
outbreak in this area around April.
Ms. McCarthy explained that the District approached the destruction of mosquitoes by destroying the
larvae, and doing very little spraying. She believed some residents had been concerned about
spraying and indicated that whatever happened would have public input. She reported that some
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areas, including Fairfax, had declared themselves pesticide free zones and the District respected that.
She commented that perhaps some of the newer areas would decide to go that route and the District
would respect this also. Ms. McCarthy reported that some mosquito larvae eating fish were being
placed in some of the waters, noting this was biology friendly.
Noting City Manager Rod Gould distributed mosquito swatters to the City Council, Ms. McCarthy stated
they could provide some literature also.
Noting the Annexation went through the Sonoma LAFCO, Councilmember Heller stated public hearings
were held in the Marin LAFCO and it was supported as a subsidiary to the Sonoma LAFCO. She
indicated that questions could be directed to Marin LAFCO, and questions on process, etc., to Sonoma
LAFCO. She reported having heard the Marin/Sonoma Mosquito and Vector Control District Executive
Director speak, noting he was excellent, and should there be a problem in the future with West Nile
Virus, she suggested inviting him to speak to the City. Ms. McCarthy indicated he would be very happy
to do this and should there be specific technical issues, the technical experts could also attend.
In the event of an outbreak of West Nile Virus that began to reach an order of magnitude of greater
concern than last year, Mayor Boro inquired of City Manager Gould how the City would be notified.
Mr. Gould reported this would be through the District directly. They were the lead agency in combating
West Nile Virus, and in a presentation made by members of the staff, they made the prediction, referred
to earlier this evening. They indicated they would provide the public information that San Rafael would
help disseminate to residents and business people, noting there was not much of a direct role for the
City of San Rafael. He concurred with Councilmember Heller that the staff appeared highly competent
and in control. The science was in place; however, how bad it would become was unknown.
Mayor Boro thanked Ms. McCarthy for taking the time to be in attendance this evening.
Ms. McCarthy stated that should there be any significant changes, she would be happy to return to the
City Council or contact someone in the City.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:07 PM
Conflict in Iraq: - File 9-1
John Jenkel, Graton, requested the City Council to consider agendizing an item for discussion urging
Congress to repeal Strike First Policy.
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Cohen seconded, to approve the Consent Calendar, as
follows:
ITEM RECOMMENDED ACTION
2. Approval of Minutes of Special Meeting of Minutes approved as submitted.
Tuesday, October 5, 2004 (CC)
3. Call for Applications for Appointments to Fill Two, Approved staff recommendation:
a) Called for applications for
Four-Year Terms on the Fire Commission to the
appointments to fill two, four-
End of March 2009, Due to Expiration of Terms
year terms on the Fire
of Richard Heine and Mary Ellen Irwin (Current
Commission to the end of
Terms to Expire End of March, 2005) (CC) –
March, 2009;
File 9-2-5
b) Set date for receipt of
applications for Tuesday,
March 15, 2005 at 12 noon in
the City Clerk’s Office, Room
209; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, March 21, 2005,
commencing at 6:30 p.m.
4. Summary of Legislation Affecting San Rafael Approved staff recommendation:
ACA 7 Local Governmental Taxation:
(CM) – File 116 x 9-1
Special Taxes: Voter Approval.
Assembly Member Nation -
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SUPPORT
5. Monthly Investment Report for Month Ending Accepted Monthly Investment Report
for month ending December 2004, as
December 2004 (MS) – File 8-18 x 8-9
presented.
6. FY 2003-2004 Annual Financial Audit Report; Accepted reports and letter.
The Gann Appropriation Limit Report, and the
Management Letter/Report (MS) –
File 8-9 x 9-3-20
7. Resolution Awarding Purchase Order for One-RESOLUTION NO. 11707 –
RESOLUTION AWARDING
Half Ownership in One 2005 Vac-Con
PURCHASE ORDER FOR ONE-HALF
Combination Sewer and Storm Drain Cleaner
OWNERSHIP IN ONE 2005 VAC-CON
Truck from Municipal Maintenance Equipment
COMBINATION SEWER AND STORM
Company in the Amount of $118,392.00 (PW) –
DRAIN CLEANER TRUCK FROM
File 4-2-333 x 9-3-40
MUNICIPAL MAINTENANCE
EQUIPMENT COMPANY, IN THE
AMOUNT OF $118,392.00
Regarding item #6- Annual Financial Audit Report - City Manager Rod Gould confirmed for
Councilmember Phillips that the changes from the previously distributed draft copy of the report
were negligible.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER’S REPORT:
8. a) Pickleweed Expansion Bid Opening: - File 267 (Verbal)
City Manager Gould stated staff was much relieved to note the bids received on Thursday,
February 17, 2005 for the Pickleweed Community Center Expansion were well within the
Engineer’s Estimate, and he indicated that Mr. Preston, Public Works Director, was present
should there be questions. Subsequent to analyzing the low bids to ensure their full
responsiveness, Mr. Preston would hopefully, present the project for award at the City
Council meeting of March 7, 2005.
Fire Department Dispatch Center: - File 9-3-31 (Verbal)
b)
Noting Fire Chief Martin was present, Mr. Gould reported that the Dispatchers had moved
into the new Fire Dispatch Center and in the next few weeks, Fire Prevention and
Administrative personnel would move into the front end of the building. This would provide a
much better working environment in both Station 1 and the new Dispatch Center.
Homeless: - File 9-3-30 (Verbal)
c)
Mr. Gould noted there had been a large influx of new homeless people, (staff suspected
largely from San Francisco), into the downtown in recent months, as detected by the foot
beat officers, at Ritter House and at St. Vincent’s Dining Room. He noted some of the
newcomers did not play by the rules and were much more aggressive than those normally
encountered in San Rafael. He indicated that Mayor Boro had requested a meeting of key
players to discuss how to deal with this new group of people, some of whom he theorized,
were responding to the tougher policy stance taken by the City and County of San
Francisco.
Automobile Theft in San Rafael: - File 9-3-30 (Verbal)
d)
In an effort to stem the increasing tide of automobile theft in San Rafael, Mr. Gould stated
that Police Chief John Rohrbacher had reported his officers made an arrest today of a ring
of people involved in automobile burglary.
MHC Corporation - File 9-3-16 x 3-2-97 x 13-7-1 (Verbal)
e) :
Mr. Gould stated that City Attorney Gary Ragghianti called from Washington, D.C. today to
report that he and attorney Michael von Loewenfeldt had observed the Supreme Court
debate on Lingle v. Chevron, a related case of rent control. Although not mobilehome, it
would have a direct bearing on the City’s case. Mr. Gould stated that Messrs. Ragghianti
and von Loewenfeldt were confident the Justices saw rent control as a valid government
purpose and could overturn Lingle v. Chevron, which would be very good news for the City
of San Rafael in its litigation with MHC Corporation.
Catholic Youth Organization (CYO) Lawsuit: - File 3-2-108 x 9-3-16 x 115 (2020)
f)
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(Verbal)
Mr. Gould reported that last Friday (February 18, 2005) was the deadline for the CYO to
respond to the City’s Demurrer, and CYO had chosen not to respond, but rather to file an
amended complaint. Mr. Gould stated staff did not know what this meant; however,
evidently, they had decided not to argue with the City over the Demurrer, rather to reorient
the litigation in some new direction.
Mr. Guinan, Assistant City Attorney, clarified that the amended complaint had to be filed no
later than February 25, 2005. He believed Mr. Ragghianti’s thinking was that the Demurrer
read so well CYO decided not to take it on at a full-blown hearing, rather would try their best
to plead around particular counts. Mr. Guinan stated he had seen the e-mail traffic between
attorneys Michael von Loewenfeldt and Lee Rosenthal addressing this, and they, Mr.
Ragghianti and he (Mr. Guinan) found it difficult to see how CYO would fashion arguments
to get the other seven counts to survive. He stated staff would provide Council with a copy
of the amended complaint, together with Counsel’s analysis as soon as possible. He
confirmed for Councilmember Cohen that the hearing on the Demurrer scheduled for March
4, 2005 would not now take place.
Mayor Boro thanked Mr. Gould for the update on all the issues, particularly the Homeless issue.
He reported that approximately seven months ago he hosted a meeting with Supervisors
Adams and Kinsey and Angela Alioto, Homeless representative for Mayor Newsom in San
Francisco, together with the Homeless czar for the President. Noting federal funds were
available for a campaign to end chronic homelessness, Mayor Boro stated that counties
throughout the Bay Area had applied for these funds and were beginning to make some
headway, e.g., San Francisco. It troubled him that Marin County still had not filed a plan, and
noted that some of the monies historically received that might work in this arena could be
jeopardized with the President’s current budget. He believed, however, the Homeless budget
was intact. Mayor Boro expressed concern that should Marin County not react, it could appear
to be a haven. He noted San Francisco was taking steps to deal with the issue and attempting
to get people off homelessness should they so choose, alternatively, dealing with some of the
remuneration they receive to discourage them from being homeless.
Mayor Boro believed it important that Marin County address the issue, noting San Rafael had a
big stake because of the nature of the community and the services offered. He wished to
pursue the issue of the grant with the County, and subsequent to a status meeting, everyone
would be apprised of the situation.
Responding to Councilmember Heller’s question on whether the County had done anything,
Mayor Boro stated Police Officer Joel Fay was the City’s contact with the County and an update
from him would be forthcoming. He noted the County did not have a staff as such to work on
the issue. They were dealing with one of the homeless providers to make the application and he
had been unable to determine any progress. He wanted to pursue this with the County and if
necessary, would be in contact with Supervisors Adams and Kinsey, the two supervisors
working on this issue at the time.
COUNCILMEMBER REPORTS:
9. Community Development Block Grant (CDBG): - File 9-1 x 147 (Verbal)
Councilmember Heller reported that CDBG was under attack in Washington, D.C. and she
commented that the program could be lost, noting each year less money was in CDBG funding
than the previous year.
Concurring, Councilmember Miller stated it had dropped approximately 5% - 6% and kept going
down. He noted a request was received last year for approximately $500,000 with only $80,000
available.
Noting the League of California Cities had submitted a sample letter (that could be sent to the
federal government), Councilmember Heller urged the City to move forward, as this was an
excellent source of badly needed funds. She indicated she would give it to the MCCMC
Legislative Committee tomorrow evening.
There being no further business, the City Council meeting was adjourned at 8:29 p.m.
____________________________
JEANNE M. LEONCINI, City Clerk
APPROVED THIS ______ DAY OF __________, 2005
___________________________________
MAYOR OF THE CITY OF SAN RAFAEL
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