HomeMy WebLinkAboutCC Minutes 2006-01-17
SRCC Minutes (Regular) 01/17/2006 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 17, 2006 AT 8:00 P.M.
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Gary O. Phillips, Vice-Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Absent: None
Also Present: Ken Nordhoff, Interim City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION – COUNCIL CHAMBER – 7:30 PM
Mayor Boro announced Closed Session item.
CLOSED SESSION – CONFERENCE ROOM 201 – 7:30 PM
1. Conference with Real Property Negotiators - (Government Code Section 54956.8)
Property: 12 &16 Ritter Street, San Rafael, CA
Agency Negotiator: Nancy Mackle, Economic Development Director
Negotiating Parties: City of San Rafael, Brovelli Trust, Bottarini Trust
Under Negotiation: Terms and Price
City Attorney Gary Ragghianti announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:10 PM
Redwood Village Grading: - File 100 x 5-1-347
Dil Kazzaz stated he was present to request a public hearing be held to uncover what he termed a “cover
up.” He presented the City Council with a list containing 150 signatures of supporters, indicating he could
obtain more should it be necessary. Mr. Kazzaz explained that he was present at a Council meeting
eighteen months ago regarding the issue of a house being constructed behind his which was contrary to
Planning Commission guidelines. He was referred back to Community Development Director Bob Brown
and as a result received a letter from Mayor Boro which indicated that “holding a public hearing to provide a
forum to voice your complaint would set a bad precedent, since the Planning approval was granted with full
public notification” and he questioned this.
Mr. Kazzaz further explained the situation by means of various sketches identifying areas around his house.
Mayor Boro requested that City Attorney Gary Ragghianti work with Mr. Brown to review the documentation
submitted by Mr. Kazzaz, meet with him and report back to the City Council.
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Cohen seconded, to approve the Consent Calendar, as
follows:
ITEM RECOMMENDED ACTION
2. Approval of Minutes of Regular Meeting of Minutes approved as submitted.
Monday, December 19, 2005 (CC)
3. Transactions and Use Tax: (CA) – a) State Board of Equalization:
1) RESOLUTION NO. 11873 –
RESOLUTION APPROVING
a) State Board of Equalization: -
AND AUTHORIZING
File 8-5 x 9-3-20 x 9-3-16
THE MAYOR TO EXECUTE AN
AGREEMENT WITH THE
1) Resolution Approving and Authorizing the
STATE BOARD OF
Mayor to Execute an Agreement with the
EQUALIZATION FOR
State Board Of Equalization for
PREPARATION TO
Preparation to Administer and to Operate
ADMINISTER AND TO
the City's Transactions and Use Tax
OPERATE THE CITY’S
TRANSACTIONS AND USE
2) Resolution Approving and Authorizing the
TAX
Mayor to Execute an Agreement with the
State Board of Equalization for the
2) RESOLUTION NO. 11874 –
Administration of the City’s Transactions
RESOLUTION APPROVING
and Use Tax
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AND AUTHORIZING
THE MAYOR TO EXECUTE AN
AGREEMENT WITH THE
STATE BOARD OF
EQUALIZATION FOR THE
ADMINISTRATION OF THE
CITY OF SAN RAFAEL’S
TRANSACTIONS AND USE
TAX
b) Hinderliter, de Llamas and
Associates:
1) RESOLUTION NO. 11875 –
b) Hinderliter, de Llamas and Associates: -
RESOLUTION APPROVING
File 4-10-318 x 8-1 x 8-5 x 9-3-20 x
AND AUTHORIZING
9-3-16
THE MAYOR TO EXECUTE AN
AMENDMENT TO THE
1) Resolution Approving and Authorizing the
AGREEMENT BETWEEN THE
Mayor to Execute an Amendment to the
CITY AND HINDERLITER, DE
Agreement Between the City and
LLAMAS AND ASSOCIATES
Hinderliter, de Llamas and Associates for
FOR SALES TAX AUDIT AND
Sales Tax Audit and Information Services
INFORMATION SERVICES SO
so as to 1) Extend the Term of the
AS TO 1) EXTEND THE TERM
Agreement and 2) Amend the Scope of
OF THE AGREEMENT AND 2)
Services to Include Examination of City
TO AMEND THE SCOPE OF
Transactions and Use Tax Records
SERVICES TO INCLUDE
EXAMINATION OF CITY
2) Resolution Authorizing Hinderliter, de
TRANSACTIONS AND USE
Llamas and Associates to Examine City
TAX RECORDS
Transactions and Use Tax Records
2) RESOLUTION NO. 11876 –
RESOLUTION AUTHORIZING
EXAMINATION OF
TRANSACTIONS AND USE
TAX RECORDS
(by Hinderliter,
de Llamas & Associates)
4. Resolution Approving a Contract (CIMS-5312) RESOLUTION NO. 11877-
RESOLUTION AUTHORIZING THE
with the Department of Education to be used for
INTERIM CITY MANAGER TO SIGN
Preschool Instructional Materials in the Amount
CONTRACT DOCUMENTS (CIMS-
of $995.00 and Authorizing the City Manager to
5312) WITH THE CALIFORNIA
Sign Contract Documents (CS) –
DEPARTMENT OF EDUCATION FOR
File 4-10-238 x 9-3-65
INSTRUCTIONAL MATERIALS FOR
FISCAL YEAR 2005-2006 IN THE
AMOUNT OF $995.00
6. SECOND READING AND FINAL ADOPTION OF Approved final adoption of
Ordinance No. 1839.
ORDINANCE NO. 1839 – An Ordinance of the
City Council of the City of San Rafael, California,
Amending Chapter 3.34 of the San Rafael
Municipal Code Establishing a Fee and Service
Charge Revenue/Cost Comparison System, by
Revising Section 3.34.040 (MS) –
File 9-10-2 x 9-3-20
7. Monthly Investment Report For Month Ending Accepted Monthly Investment Report
for month ending December 2005, as
December, 2005 (MS) – File 8-18 x 8-9
presented.
8. Resolutions Authorizing Execution of License a) RESOLUTION NO. 11878 –
RESOLUTION AUTHORIZING
Agreements with BMI and ASCAP for Musical
EXECUTION OF LICENSE
Performances at City Events and Functions (RA)
AGREEMENT WITH BMI FOR
– File 9-10 x (SRRA) R-140#8
MUSICAL PERFORMANCES AT
CITY EVENTS AND FUNCTIONS
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RESOLUTION NO. 11879 –
b)
RESOLUTION AUTHORIZING
EXECUTION OF LICENSE
AGREEMENT WITH ASCAP FOR
MUSICAL PERFORMANCES AT
CITY EVENTS AND FUNCTIONS
9. Resolution Authorizing the Application for RESOLUTION NO. 11880 –
RESOLUTION AUTHORIZING THE
California Cultural and Historical Endowment
APPLICATION FOR CALIFORNIA
(CCHE) Grant Funds Under the California Clean
CULTURAL AND HISTORICAL
Water, Clean Air, Safe Neighborhood Parks, and
ENDOWMENT (CCHE) GRANT
Coastal Protection Act of 2002 for the Purpose of
FUNDS UNDER THE CALIFORNIA
Infrastructure Repairs to Falkirk Mansion (CS) –
CLEAN WATER, CLEAN AIR, SAFE
File 202 x 9-3-84 x 9-3-65
NEIGHBORHOOD PARKS, AND
COASTAL PROTECTION ACT OF
2002 FOR THE PURPOSE OF
INFRASTRUCTURE REPAIRS TO
FALKIRK MANSION
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following item was removed from the Consent Calendar for discussion at the request of Mayor Boro:
5. RESOLUTION ACCEPTING GRANT TO THE SAN RAFAEL FIRE DEPARTMENT FROM
KAISER HOSPITAL IN THE AMOUNT OF $137,500 AND AUTHORIZING PLACEMENT OF
THE DONATION INTO A SPECIAL FUND FOR THE PURCHASE OF FOUR (4)12 LEAD
HEART MONITORS, PLUS CONSUMABLES AND MAINTENANCE (FD) – FILE 9-3-31 x 102
Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution.
RESOLUTION NO. 11881 – RESOLUTION ACCEPTING A GRANT TO THE SAN RAFAEL
FIRE DEPARTMENT FROM KAISER HOSPITAL IN THE
AMOUNT OF $137,500 AND AUTHORIZING PLACEMENT OF
THE DONATION INTO A SPECIAL FUND FOR THE
PURCHASE OF FOUR 12 LEAD HEART MONITORS, PLUS
CONSUMABLES AND MAINTENANCE
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Not having had an opportunity of speaking with the City Clerk until after the agenda for tonight’s
meeting was finalized, Mayor Boro stated he would like to introduce a Resolution of
Appreciation to Kaiser Hospital.
In light of the timing constraints that prevented this item from being properly placed on the
agenda, Councilmember Cohen moved and Councilmember Heller seconded, that it be
entertained as an urgency item.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 11882 – RESOLUTION OF APPRECIATION TO KAISER HOSPITAL
FOR GRANT OF $137,500.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The Resolution of Appreciation was then signed by Mayor Boro, Councilmembers Cohen,
Heller, Miller and Phillips, Interim City Manager Ken Nordhoff and City Clerk Jeanne Leoncini.
Mayor Boro invited the Kaiser Hospital representatives to the podium.
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Mayor Boro stated that the Resolution spoke to the relationship between Kaiser and the City of
San Rafael’s Fire Department with regard to the emergency services provided. He noted that
emergency angioplasty had become a trusted alternative in many situations to immediate heart
surgery, based upon information provided by patient assessment from paramedics using 12
lead heart monitors in the field. Apparently, more of these were needed to do a better job and
Kaiser was donating this grant of $137,500 to San Rafael to enable firefighters to be as
responsive as possible and provide the best possible service to people in the community with
that need.
On behalf of the City Council and the entire City, Mayor Boro thanked Kaiser, not only for
tonight’s generosity, but for all they had done for the City in the past, and he looked forward to
the continued wonderful relationship going forward.
Pat Kendall, Kaiser Administrator, introduced the Kaiser Permanente representatives present,
indicating it was they who did the work to make this happen:
Doctor Vickie Martinez, Bay Station Medical Director, who is in charge of the Paramedic
program from the hospital end and has held the position with San Rafael Fire for over ten years.
Vickie is a native of Marin County who started with Kaiser many years ago as a Registered
Nurse, went back to school to become a physician and returned to Kaiser to work in the
Emergency Department. Ms. Kendall stated that Vickie was very instrumental with this grant
and everything that happens with the paramedics.
Vincent Reid, Assistant Medical Group Administrator, one of whose areas of responsibility is the
Emergency Department, works tirelessly to keep all these programs going. In addition to the
Emergency Department, Dr. Reid also has a Cardiac Cath Lab.
Vickie Miller, Manager of the Cardiac Cath Lab, is responsible for all the nuts and bolts to get
the Cardiac Cath Lab operational, which led to having the machines in the field to make this a
complete circle.
Indicating that Kaiser was very proud of the relationship with the City of San Rafael, Ms. Kendall
stated that for those who were not aware, on January 1, 1980 the San Rafael Paramedic
thth
program was initiated with Kaiser Permanente, now completing the 25 and entering the 26
year. Other than the incident of the fire engine crashing on the first night with the Fire Chief
inside, it had been smooth sailing with nothing terribly untoward happening.
Ms. Kendall commented that San Rafael had done so much to create a great partnership, which
was truly appreciated.
As an aside, indicating that one of her favorites was award shows, Ms. Kendall congratulated
City Attorney Gary Ragghianti on the success of his son, a writer for Lost, which won a Golden
Globe last evening.
Indicating that she had the pleasure of working with some of the best paramedics in Marin
County, Dr. Vickie Martinez stated she had had a wonderful ten years supporting the program.
She reported having been very excited on learning that Kaiser was going to gift the money to
purchase these 12 lead EKG machines. Dr. Martinez explained that these machines would
enable the paramedics to identify heart attacks in the field and relay that information to the
hospitals. She noted that both Marin General and Kaiser now had Cardiac Cath Labs that could
carry out state of the art treatment of acute heart attacks where an artery could quickly be
opened. She stated it was so exciting to have state of the art equipment both in the field and at
the hospital affording great care to all the citizens of San Rafael.
On behalf of the City Council and members of the San Rafael community, Mayor Boro again
thanked the Kaiser representatives for their great work and partnership, and he looked forward
to twenty-five times twenty-five more years.
COUNCIL CONSIDERATION:
NEW BUSINESS:
10. DISCUSSION OF MARIN TELECOMMUNICATIONS AGENCY (MTA) JOINT POWERS
AGREEMENT (JPA) RE FRANCHISE FEES FOR THE PURPOSE OF GIVING DIRECTION
TO COUNCIL’S REPRESENTATIVE ON THE MTA BOARD (CM)- FILE 4-13-101 x 9-7-4
Due to the potential conflict of interest of owning Comcast stock, Mayor Boro recused himself
from the discussion on this item, and turning the meeting over to Vice-Mayor Phillips, he left the
Council Chambers.
Interim City Manager Ken Nordhoff reported that the MTA (Marin Telecommunications Agency)
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was formed in 1997 with one of its express purposes being to reach agreement with a cable
provider to provide services and benefits throughout the community. He explained that MTA
consisted of eleven cities and towns, including the County of Marin and excluding Novato.
Having worked on this for a succession of years, Mr. Nordhoff reported they were now on their
third provider and were very close to completing an agreement with Comcast.
Mr. Nordhoff stated that as he and Councilmember Miller (San Rafael’s MTA representative)
were looking through the next stages of what would happen in terms of resolving that
agreement and MTA’s potential action to sign that franchise, they became aware that the
agreement that put the Joint Powers Authority (JPA) together contained a provision regarding
franchise fees. Although San Rafael had long supported and funded the MTA for administrative
purposes, staff had some concerns that the control over those franchise fees could actually shift
away from local control and move to the MTA, which was how it was structured in the currently
agreed upon MTA JPA agreement. Mr. Nordhoff stated that, therefore, staff was requesting
that the City Council give direction to Councilmember Miller, who would take the City’s voice
back to the MTA Board and request consideration of options to ensure continued local
protection over those franchise fees. He noted these fees were a significant source of funds to
the City, providing a general source of revenue that paid for existing general and essential
services.
Councilmember Miller stated that franchise fees were basically Comcast’s way of paying for
right of passage through the City’s infrastructure; the fees go directly to the General Fund and
are used for general services.
Councilmember Miller explained that the agreement signed in 1997 or 1998 contained a
provision that would come into play with the new agreement, i.e., taking away the City’s ability
to “say what these things are to be used for.” He further explained that Comcast is the provider
of services, and 5% of their gross revenues of operations in the MTA area is sent to the Marin
Telecommunications Agency - $650,000 for San Rafael. It is received by the MTA Board and
distributed to each jurisdiction to be placed into their General Funds. Councilmember Miller
stated that the provision in section 6 allows MTA to minus the MTA budget from it before
passing it through. This was acceptable when it was signed as it was determined it would be
for the operations of the Agency, together with being used for reserves, etc.; however, it now
transpires that the money could be encumbered by a majority of the MTA Board, thereby
removing control.
Councilmember Miller recommended that the City Council instruct him to return to the MTA and
request that they amend the JPA so that the City remained in control of the money at all times.
He instanced the potential of using franchise fees for the operations of a Public Access Center
and how this would be viewed in terms of the pledge to the community with regard to essential
services when requesting that they vote for the recently successful Measure S (Transactions
and Use Tax).
Councilmember Miller invited Marty Nichols, MTA Executive Director, to address Council on the
issue and perhaps give an example of what it would mean should the City provide funds to the
Public Access Center.
Councilmember Heller inquired whether the remaining delegates to the MTA were aware of this
situation.
Councilmember Miller stated that at their last meeting he explained exactly what he was going
to do and he believed the managers were aware. He stated the principle was involved where
suddenly there was no control over the General Funds.
Understanding General Funds could be used for any purpose, Vice-Mayor Phillips confirmed
that currently, the $650,000 was going to San Rafael. Of this figure, he inquired how much
would be used for the MTA purpose and what became of the balance.
Councilmember Miller explained that currently everything goes to the City.
Understanding the City receives $650,000, Vice-Mayor Phillips inquired how much the City
gives.
Marty Nichols explained that the MTA’s budget for administrative overhead, operating costs,
etc., was approximately $300,000, of which the City pays approximately one-third ($100,000).
Marty Nichols reported that the Joint Powers Agreement (JPA) that formed the MTA was
created as a successor to the Rate Regulation JPA that existed for many years. The
Agreement was taken to all towns and cities and ratified. Indicating that he understood all the
provisions exactly as Councilmember Miller did, Mr. Nichols explained that under the old
franchise, the franchise fees went directly to the member agencies, the MTA adopted its
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budget, an invoice was sent to the cities and they wrote a check. He further explained that
currently, there technically was a franchise between each of the member agencies and
Comcast. The new franchise would be between the MTA and Comcast, which would change
the cash flow, as the franchise fees would be paid to the agency holding the contract. Under
this situation, the MTA Board of Directors would have the authority to decide on expenses; they
would collect the money from Comcast, take what they needed, and the remainder would be
passed out on a relative subscriber share basis.
Mr. Nichols stated that as explained by Councilmember Miller, the big change in nearing the
franchise was the fact that the issue of funding a media access center had drawn a lot more
attention regarding what additional funds might be necessary. The issue of how the operating
expenses of that would be paid was a problem the MTA Board of Directors needed to solve.
Explaining that the MTA was all 11 cities and the County, all of which had very similar interests
to City of San Rafael in terms of financial priorities, Mr. Nichols indicated he had no problem
believing that protecting the financial interests of its members, San Rafael included, would be
high on the Board’s agenda. He commented that should Councilmember Miller request the
Board to have Mr. Nichols work with all the affected parties as to how this could be changed to
provide better control, he believed it would probably happen. He noted this would be an
amendment to a contract; therefore, the process would be drafting an amendment, talking to
various City Attorney and City Manager groups and subsequently, it would have to be ratified by
all member agencies. He assumed every agency would have to sign and approve the
amendment, as opposed to a majority; however, this would be worked on.
Councilmember Miller stated that the drafting of the amendment would be done through the
MTA.
Mr. Nichols concurred, should that be the direction of the MTA Board. He assumed
Councilmember Miller would receive direction from the City Council to seek this and it would be
placed on the February agenda. Mr. Nichols and Mr. Stepanicich, attorney,would then be
requested to work out an amendment and the process would commence.
Councilmember Miller stated that the remedy should come from the MTA.
Mr. Nichols stated that Mr. Nordhoff had placed this on the agenda for discussion at the Marin
Managers meeting next week and he believed there would be discussion as to what form the
amendment should take and how it should be structured.
Councilmember Miller invited Dan Hillmer, President, MTA, to comment on the new agreement.
Dan Hillmer, Larkspur Councilmember and Chair of the Marin Telecommunications Agency,
stated that as accurately described by Interim City Manager Nordhoff, they were closing in on a
new franchise agreement, having worked with three previous cable providers, and an almost
nine-year process leading to a ten-year deal.
Mr. Hillmer stated that a great deal was owed to former City Manager Rod Gould who assisted
through the formation of MTA, and set them in the right direction with strategy and how to
organize themselves with an agency overseeing telecommunications operations in Marin
County, which is intended to eventually lead to oversight on things other than cable television,
as allowed by federal law.
Speaking of federal law, Mr. Hillmer reported that the legislative landscape was changing in
Washington, heading towards a possible removal of franchising authority on the part of local
government; therefore, they were racing to close the deal before the ability to do so was taken
away. They believed the deal with Comcast was a good one for all towns and cities in Marin
and the County. Comcast had been very cooperative with them and vice versa, which was
leading to some of the benefits they hoped to receive. Mr. Hillmer stated that if they entered the
franchise agreement and federal law changed, Comcast had agreed to provide all the capital
money up front so the improvements to the institutional network in the County could be made,
which was essentially an upgrade to Broadband capability of the current Midas system used by
all towns and cities to transmit data back and forth. He indicated that it would allow them to
create a new public access digital image production facility. They were working with the
College of Marin and their existing Learning Resources Center in an effort to upgrade it and
create a new facility for them so they could not only work with the MTA to do what MTA needed
to do, but they believed it would become a real focus for their digital media training. Mr. Hillmer
stated they also were working to improve the network for such a facility to include distributed
production facilities in possibly up to ten high schools so that the high schools and college
would be connected, children could create programming, edit it across the network and
probably have it broadcast within days of production. He believed this would be a big change in
terms of how distance learning and communication takes place in the County, possibly leading
to environmental benefits such as traffic reduction and possible employment benefits.
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Mr. Hillmer stated they were excited about what they were able to achieve; although not
everything they wanted, they believed they were at a pivotal place. They were about to enter
the public review process for the agreement and he was encouraging all towns and cities to
send the message with their representatives that this needed to be adopted in an expeditious
fashion, and he hoped to receive the City Council’s support.
Reporting that Councilmember Miller had been with him on the MTA Board for some time, Mr.
Hillmer stated he agreed with him and the issues he raised this evening. Noting the frequent
circumstances of a very narrow quorum at these meetings, he indicated that this was not
favored, especially where financial matters were concerned. Mr. Hillmer stated he found
himself aligned with Councilmember Miller and they would see to it that the interests of the
cities were protected.
Indicating that she sat on the League of California Cities committee on Telecommunications,
Councilmember Heller stated that from what she was hearing there, Congress and the
Telecommunications Agencies were working feverishly to change the rules; therefore, she
wondered why Comcast was holding back.
Mr. Hillmer stated that they had stopped negotiating new franchise agreements; however, had
indicated that because of the way the MTA had worked with them to provide benefit to the
educational institutions in the County, a lot of goodwill and benefit could be created. He
indicated that there had been discussion on allowing them to create sponsorships where some
of the operational money currently forming a gap in their estimates could be generated. Mr.
Hillmer stated they also were working with the MTA on items they were not willing, from a
corporate or marketing level, to include in a franchise, such as video on demand and the FM
radio issue. They were willing to work with the MTA on side agreements to arrive at a mutually
beneficial arrangement because of MTA’s cooperation with them. Mr. Hillmer expressed the
hope that this could be an ongoing public/private beneficial situation for both.
Regarding the cost of the Media Access Center, Councilmember Heller inquired whether this
cost could be divided in the same way as fees are received.
Responding, Mr. Hillmer stated that those issues were being worked out by the Board. He,
himself, had a vision of the Media Access Center becoming a self-sustaining operation. They
were looking at a model, much like KQED in San Francisco, where they could get grants and
develop working partnerships with employers in the County, many of whom would be looking for
people trained in digital image production. They believed the College of Marin would be a key
ingredient in this; therefore, they were looking ahead with a very strong concept.
Councilmember Cohen thanked all for their incredible patience in spending 9 ½ years
negotiating a 10-year agreement.
In light of the circumstances, Councilmember Cohen moved and Councilmember Heller
seconded, that the City Council urge Councilmember Miller to proceed expeditiously to get the
agreement done in a manner that resolved the concerns raised this evening, and ensuring that
the City’s General Fund is protected in the process.
Having filled in for Councilmember Miller on a few occasions on the Board, Councilmember
Heller stated it could be a good idea to take some suggested samples, perhaps in writing, that
could be handed out, to push the process along.
Councilmember Miller stated he had more confidence in Attorney Greg Stepanicich and Marty
Nichols who were paid to do this and who certainly had more capability.
Vice-Mayor Phillips stated he believed Councilmember Miller would take back the City’s good
thoughts and come up with a reasonable approach.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Vice-Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT/
DISQUALIFIED: COUNCILMEMBERS: Mayor Boro, (due to potential conflict of interest)
Thanking Marty Nichols and Dan Hillmer, Councilmember Miller noted that Dan Hillmer had
spent a substantial amount of time on this issue and had been the key figure in providing the
leadership necessary, which was admirable.
Vice-Mayor Phillips invited Mayor Boro to return to the Council Chamber.
CITY MANAGER’S REPORT:
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11. None.
COUNCILMEMBER REPORTS:
12. a) Marinwood Community Services District: - File 4-10-130 x 9-3-31
Having had a fair amount of experience with negotiations, Councilmember Cohen stated
that when the point is reached in negotiations where one of the parties presents a proposal
twice the amount originally rejected by the other party, it is on the doorstep of failure. He
explained that at their last meeting, the Marinwood Community Services District presented
a proposal based on their methodology for evaluating the services provided to San Rafael
by Marinwood, suggesting that San Rafael should pay not $390,000 per year, rather
$700,000. Councilmember Cohen noted San Rafael did present a proposal substantially
less than that, i.e., $150,000, which he acknowledged was essentially arbitrary because the
consultants had advised the fair market value was $0 based on the services San Rafael
was providing to Marinwood; however, in the interests of maintaining a relationship and
based on budget documents they had published to their community, $150,000 appeared
like a reasonable approach. He indicated that San Rafael also offered a proposal for
consolidation which probably would have ended up costing more, but in the long term
interest of good public policy, San Rafael wanted to put it on the table.
Councilmember Cohen reported that Marinwood’s response after reviewing those
documents was a letter asking for several more volumes of data. He believed the sub-
committee needed to meet and review the City’s position prior to responding; however, at
this point, as he had articulated repeatedly, he was operating on the advice of two very
respected fire chiefs and a professional consultant called in to peer review the
recommendation of those chiefs, about how to value the services and the sharing of
services between Marinwood and San Rafael, and he believed it unlikely that he,
personally, would be persuaded by any argument advanced by Marinwood to throw out that
professional advice and accept some other valuation because that was how Marinwood
saw it.
Should anyone else feel they could be more successful in this, Councilmember Cohen
stated he would gladly step back and allow that person to take over negotiations. Mayor
Boro noted the offer was not accepted.
Indicating that Councilmember Cohen had adequately summarized the situation,
Councilmember Phillips stated that the City would, however, respond in some fashion. He
stated he was not yet quite ready to throw in the towel, noting that in looking at the
situation, consolidation would make a lot sense, albeit he did not believe it was “in the
cards.” Councilmember Phillips stated it struck him that it should be possible to come to an
agreement to best serve those residents in that area and he believed it would be a
combined effort of Marinwood and San Rafael that would accomplish that. While there
would be some frustration, he hoped it would be pursued to a satisfactory conclusion.
Expressing thanks to Councilmember Phillips, Councilmember Cohen stated that
subsequent to his bluntness with fellow negotiators from Marinwood about his assessment
of their proposal, how they had dragged the issue out and their situation should the
agreement terminate at the end of June, Councilmember Phillips took it upon himself to
assure them that this was not a rogue position and that he agreed with the substance of
Councilmember Cohen’s remarks. Councilmember Cohen stated he appreciated the
support.
Mayor Boro thanked Councilmembers Cohen and Phillips for their great efforts and he
expressed the hope that something could be found to benefit both Marinwood and San
Rafael. Should this not be possible, the City would find a way to continue to provide the
same level of service to the areas Marinwood currently serves on the City’s behalf, thereby
providing a similar level of service throughout the entire City. He agreed that the situation
could not be allowed to continue indefinitely; therefore, plans should be initiated in the
event of a separation, and hopefully, Marinwood would understand what it meant to them
should they be on their own.
Marin County Transit District: - File 143
b)
Councilmember Heller noted that the Marin County Transit District had signed a five-year
agreement with Golden Gate Transit which she believed was ratified at the Golden Gate
Bridge District meeting. This would provide intra-county public transit service in Marin,
separate from Golden Gate Transit who would be paid to operate the service. She noted
the District would operate approximately 12,000 annual service hours, serving 3.5 million
riders annually. Councilmember Heller stated that the next step would be to hire a Transit
General Manager and relocate the Transit District outside of the county mechanism,
perhaps talking to TAM (Transportation Authority of Marin) to ascertain whether they could
locate somewhere within the same general area.
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LAFCO (Local Agency Formation Commission) – File 149
c)
Councilmember Heller reported that LAFCO would be releasing a draft Sphere of Influence
Report on the City of San Rafael by the end of February, early March.
League of California Cities: - File 9-11-1
d)
Reporting on last week’s Transportation, Communication and Public Works Policy meeting,
Councilmember Heller stated that she would provide Lydia Romero, Assistant to the City
Manager, with her voluminous packet, for evaluation. She indicated that of particular note
were the infrastructure proposals of Governor Schwarzenegger, Senator Perata and
Speaker Nunez. She noted it was interesting that the Governor did not have anything on
housing, while the Speaker and Assembly speaker did.
Water Transit Authority: - File 258 x 9-1
e)
Councilmember Heller shared a pamphlet she received from the Water Transit Authority
and noted that a new ferryboat would be constructed. Noting Oyster Point would be the
first port the ferry would sail from, Mayor Boro stated it was interesting that cities such as
Richmond, Berkeley and Redwood City were extremely interested in having ferry service to
San Francisco and other ports. He reported having received a notice today indicating that
an additional three permanent hires had been added to the staff, including a grant maker,
and he believed by 2008-09 the boat would be operational with a second soon to follow.
Mayor Boro noted that work continued on Port Sonoma to ascertain the feasibility of that
route also.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:05 p.m.
____________________________
JEANNE M. LEONCINI, City Clerk
APPROVED THIS ______ DAY OF __________, 2006
___________________________________
MAYOR OF THE CITY OF SAN RAFAEL
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