HomeMy WebLinkAboutCC Minutes 2005-08-15
SRCC Minutes (Regular) 08/15/2005 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 15, 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: Ken Nordhoff, Assistant City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION – COUNCIL CHAMBER – 7:00 PM
Mayor Boro announced Closed Session items.
CLOSED SESSION – CONFERENCE ROOM 201 – 7:00 PM
1. a) Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing, et al. v. City of San Rafael, et al.
U.S. District Court, Northern Dist. Of CA., Case No. C003785
b) Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing, et al. v. City of San Rafael, et al. (MHC II)
U.S. District Court, Northern Dist. Of CA., Case No. C043325
City Attorney Gary Ragghianti announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:8:07 PM
a) 1476 Lincoln Avenue, San Rafael: - File 100 x 171
Melany Kramer reported having received a letter from Bob Brown, Community Development Director, in
response to her concerns regarding 1476 Lincoln Avenue, to the effect that the City had no authority to
regulate Caltrans. As discussed with City Attorney Gary Ragghianti, she stated that the authority to
regulate Caltrans came from Civil Code §1940, 1941 and 1942, in particular, which covered a whole raft
of issues raised by her letter in terms of habitability, not only of her apartment but the building itself. Ms.
Kramer commented that as discovered by the City Attorney for the City of Oakland, Caltrans is a
landlord subject to the law, and realizing that, last week, Caltrans visited her property to address some
of these issues. She indicated that all she wished to accomplish was to have these problems remedied.
Noting she was moving sometime between now and Thanksgiving, Ms. Kramer stated that as she was
extremely frustrated with the situation she had decided to turn the matter over to the Feds, and had also
called Hank Plante, Channel 5 News, whom she hoped would turn the issue into a story about how bad
Caltrans is rather than why the City of San Rafael did not realize they could approach Caltrans also.
Noting the remedies against the City could be horrendous, she expressed the hope that all this be
avoided.
Mayor Boro confirmed that City Attorney Gary Ragghianti would report back to the City Council on this
matter.
Marin Bicycle Coalition: - File 9-1
b)
Joanne Richards, Marin County Bicycle Coalition, stated that as part of their “Share the Road
Campaign” and contract with the National Highway Traffic Safety Administration, they had developed a
PowerPoint presentation on how motorists and cyclists could share the road peacefully and learn to
avoid some common crashes. She announced that their upcoming workshop would take place on
September 8 at Falkirk, and submitting flyers of the event, she invited all to attend.
Conflict in Iraq: - File 9-1
c)
Rachel Bell, Patrick Smith, Kim Lee and John Jenkel read portions of a letter addressed to Supervisor
Brown, Marin County Board of Supervisors, Mayor Boro, City of San Rafael and Mayor Lundstrom,
Larkspur, addressing issues concerning the Conflict in Iraq.
Mayor Boro stated that the letter would be entered into the record of this evening’s meeting as an
attachment to the minutes.
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CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Heller seconded, to approve the Consent Calendar, as
follows:
ITEM RECOMMENDED ACTION
2. Designation of Voting Delegate and Voting Approved staff recommendation:
Vice-Mayor Barbara Heller
Alternate for 2005 League of California Cities
designated as voting delegate and
Annual Conference, from Thursday, October
Assistant to the City Manager, Lydia
6 through Saturday, October 8 in San
Romero, designated as voting
Francisco (CC) – File 9-11-1 x 9-1
alternate for the League of California
Cities’ Annual Conference Business
Meeting from Thursday, October 6,
2005 through Saturday, October 8,
2005 in San Francisco.
3. Resolution Authorizing the City Manager to RESOLUTION NO. 11819 –
RESOLUTION AUTHORIZING THE
Execute a Second Amendment to the
CITY MANAGER TO EXECUTE A
Agreement for Professional Planning
SECOND AMENDMENT TO THE
Services with Lisa Newman for Continued
AGREEMENT FOR PROFESSIONAL
Assistance as Project Planner for “Academy
PLANNING SERVICES WITH LISA
Heights” and “Chapel Cove” Projects,
NEWMAN (DBA NEWMAN PLANNING
Increasing the Budget for the Agreement
ASSOCIATES) FOR SERVICES
from $75,000 to $105,000 and Extending the
RELATED TO THE PROCESSING OF
Term through December 31, 2006, with all
PLANNING APPLICATIONS (Terms of
Costs Reimbursed by the Project Developers
Amended Agreement: Agreement
Through Cost Recovery (CD) –
extended from August 18, 2005
through December 31, 2006, with a
File 4-3-418 x 4-17-65
total amended budget amount not to
exceed $105,000.00. All costs to be
reimbursed to the City through cost
recovery from project applicants)
5. Resolution Approving a Contract (CSCC-RESOLUTION NO. 11820 –
RESOLUTION AUTHORIZING
4109) with the Department of Education to
ENTERING INTO A CONTRACT
Provide Quality Improvements in the School-
(CSCC-4109) WITH THE
Age Child Care Program in the Amount of
DEPARTMENT OF EDUCATION FOR
$2,245 and Authorizing the City Manager to
THE SCHOOL-AGE CHILD CARE
Sign Contract Documents (CS) –
RESOURCE PROGRAM AND
File 4-10-238 x 9-3-65
AUTHORIZING THE CITY MANAGER
TO SIGN CONTRACT DOCUMENTS
IN THE AMOUNT OF $2,245.00
6. Resolution Approving Acceptance and Use RESOLUTION NO. 11821 –
RESOLUTION AUTHORIZING THE
of Marin Community Foundation Grant Funds
ACCEPTANCE AND USE OF A
in the Amount of $50,000 for Support of
MARIN COMMUNITY
“Learning to Look”, Falkirk’s Arts Education
FOUNDATION GRANT IN THE
Program (CS) – File 9-3-84 x 226
AMOUNT OF $50,000 FOR THE
SUPPORT OF FALKIRK
CULTURAL CENTER ARTS
EDUCATION PROGRAM
7. Resolution Authorizing Execution by City RESOLUTION NO. 11822 –
RESOLUTION AUTHORIZING THE
Manager of the Performance Building
CITY MANAGER TO SIGN A
System Agreement Between the City of
PROFESSIONAL SERVICES
San Rafael and Dan Bay (FD) –
AGREEMENT WITH DAN BAY
File 4-3-441 x 9-3-31
FOR A PERFORMANCE BUILDING
SYSTEM MANAGEMENT PLAN
FOR THE FIRE DEPARTMENT IN
AN AMOUNT NOT TO EXCEED
$29,250.00 (One year term from
8/1/05 and ending on 7/31/06)
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8. Resolution Authorizing the Mayor and City RESOLUTION NO. 11823 –
RESOLUTION AUTHORIZING THE
Clerk to Execute an Agreement with the
MAYOR TO EXECUTE AN
County of Marin for the Marin Literacy
AGREEMENT WITH THE COUNTY
Program to Provide Literacy Services in the
OF MARIN FOR THE MARIN
Marin County Jail (Lib.) –
LITERACY PROGRAM TO
File 4-13-86 x 9-3-61
PROVIDE LITERACY SERVICES IN
THE MARIN COUNTY JAIL (FROM
JULY 1, 2005 – JUNE 30, 2006,
AND MAY BE EXTENDED BY
MUTUAL AGREEMENT OF THE
PARTIES)
9. Monthly Investment Report for the Month Accepted Monthly Investment
Report for month ending July
Ending July 2005 (MS) – File 8-18 x 8-9
2005, as presented.
10. Resolution Authorizing an Agreement with RESOLUTION NO. 11824–
RESOLUTION AUTHORIZING AN
Hilton, Farnkopf and Hobson, LLC to Perform
AGREEMENT WITH HILTON,
a Review of Marin Sanitary Service’s 2006
FARNKOPF & HOBSON, LLC TO
Rate Application (MS) –
PERFORM A REVIEW OF MARIN
File 4-3-306 x 4-3-32
SANITARY SERVICE’S 2006 RATE
APPLICATION (Agreement from
August 16, 2005 and ending on
June 30, 2006)
11. Report on Bid Opening on August 9, 2005 for RESOLUTION NO. 11825 –
RESOLUTION REJECTING ALL
Slurry Seal 2004/2005, Project No. 11054,
BIDS FOR THE SLURRY SEAL
and Resolution Rejecting All Bids and
2004/2005, PROJECT NO. 11054,
Authorizing Staff to Rebid (PW) –
AND AUTHORIZING STAFF TO
File 4-1-578 x 9-3-40
REBID THE PROJECT
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following item was removed from the Consent Calendar by Councilmember Miller, for discussion:
4. SUMMARY OF LEGISLATION AFFECTING SAN RAFAEL (CM) – FILE 116 x 9-1
Regarding S. 1504 – Broadband Investment and Consumer Choice Act, as a member of the
Joint Powers Authority, Councilmember Miller submitted copy of a letter which was sent to
Congresswoman Lynn Woolsey in opposition. He reported the basic fiscal effect was that San
Rafael would stand to lose $600,000 each year in cable franchise fees. Since this was a major
issue, he had contacted both the Chair, Dan Hillmer, and Director, Marty Nichols, indicating to
them that the first order of business of the Marin Telecommunications Agency should be to
succeed in accomplishing an agreement with Comcast in order to protect these cable franchise
fees. Councilmember Miller stated he had been assured this would be the number one item of
business, with everything else secondary.
Mayor Boro stated he had forwarded to Councilmember Miller this morning a document from
the U.S. Congress of Mayors that addressed a flurry of bills being introduced on this subject
currently. He invited Councilmember Miller to forward a copy of this letter to Lydia Romero,
Assistant to the City Manager, so she may track these bills.
Councilmember Miller moved and Councilmember Cohen seconded, to approve the staff
recommendation.
S. 1504 Broadband Investment and Consumer Protection Act. Senators Ensign and
McCain – OPPOSE
SB 246 Board of Professional Engineers and Land Surveyors: Engineers. Figueroa -
SUPPORT
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AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCILMEMBERS REPORTS:
12. a) Homeless Issue: - File 100 x 13-16
Mayor Boro reported having received a letter from Carol Dillon-Knutson, San Rafael’s
ABAG (Association of Bay Area Governments) representative, which discussed ABAG
looking at the homeless issue and soliciting representatives. As he was unsure whether this
was one representative from each Council or one person in addition to Supervisor Adams,
Mayor Boro invited Vice-Mayor Heller to ascertain the requirement. Since homelessness
was more of an issue in San Rafael than other cities, he considered this a committee a
Councilmember might wish to serve on. Mayor Boro noted that San Francisco had been
very successful at seeking and receiving monies from HUD (Housing and Urban
Development) and had a very aggressive program, whereas for some reason, Marin County
was not moving on this issue.
Design Award Jury - File 9-3-85
b) :
Mayor Boro stated that he had received a memo from Principal Planner Bill Meeker inviting
a City Council representative to serve on the Design Award Jury. He recalled that several
years ago, the City issued awards for well-done buildings in San Rafael, the process was
being reinstated, and should a Councilmember wish to serve, he would inform Mr. Meeker.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:25 p.m
____________________________
JEANNE M. LEONCINI, City Clerk
APPROVED THIS ______ DAY OF __________, 2005
___________________________________
MAYOR OF THE CITY OF SAN RAFAEL
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