Loading...
HomeMy WebLinkAboutCC Minutes 2006-09-05SRCC Minutes (Regular) 09/05/2006 Pagel IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 5, 2006 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, 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. Present: Albert J. Boro, Mayor Gary O. Phillips, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Absent: None CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM — File 1-4-1a a) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: Toba Singer & James Gotesky v. City of San Rafael, et al. Marin County Superior Court Case No. CV055438 b) Conference with Labor Negotiators — Government Code Section 54957.6 Negotiators: Ken Nordhoff, Gus Guinan, Nancy Mackle, Lydia Romero Employee Organization(s): San Rafael Fire Chief Officers' Association San Rafael Police Association San Rafael Police Mid -Management Association Association of Confidential Employees Western Council of Engineers SEIU Miscellaneous & Supervisory City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None CONSENT CALENDAR: 8:08 PM Councilmember Miller moved and Councilmember Cohen seconded, to approve the Consent Calendar, as follows: ITEM 2. Approval of Minutes of Special Joint Meeting of the Redevelopment Agency/City Council of May 15, 2006 (AS/CC) 3. Resolution Authorizing Application for Grant Funds for the Local Agency Grant Program Under the Habitat Conservation Fund Program of the California Wildlife Protection Act of 1990 for the Smith Ranch Pond Restoration Project (P06- 013) (CD) — File 4-10-338 x 202 x 9-3-85 5. Resolution Authorizing City Manager to Execute Agreement Between County of Marin and City of San Rafael Regarding a Proposed Health and Wellness Campus (CM) — File 4-13-118 x 13-1 RECOMMENDED ACTION Minutes approved as submitted. RESOLUTION NO. 12026 — RESOLUTION AUTHORIZING THE APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM — FISCAL YEAR 2005-06 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR THE SMITH RANCH POND RESTORATION PROJECT (P06-013) RESOLUTION NO. 12027 - RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE AGREEMENT BETWEEN COUNTY OF MARIN AND CITY OF SAN RAFAEL REGARDING A PROPOSED HEALTH AND WELLNESS CAMPUS SRCC Minutes (Regular) 09/05/2006 Page 1 SRCC Minutes (Regular) 09/05/2006 Page 2 6. Resolution Commending the Marin County RESOLUTION NO. 12028 — School Volunteers and Proclaiming the Month of RESOLUTION COMMENDING THE September, 2006 as Marin County School MARIN COUNTY SCHOOL Volunteers' Month (CM) — File 102 VOLUNTEERS AND PROCLAIMING THE MONTH OF SEPTEMBER, 2006 AS MARIN COUNTY SCHOOL VOLUNTEERS' MONTH 9. Resolution Approving the Purchase of One RESOLUTION NO. 12029 — Marked Police Vehicle from Folsom Lake Ford in RESOLUTION APPROVING THE Amount of $24,463.68, to Replace Unit #230, as PURCHASE OF ONE POLICE part of California Multiple Award Schedule VEHICLE FOR $24,463.68 FROM Contracts Program which is Exempt from Bid FOLSOM FORD SALES AS PART OF Process (PD) — File 4-2-339 x 9-3-30 CALIFORNIA MULTIPLE AWARD SCHEDULE CONTRACTS PROGRAM WHICH IS EXEMPT FROM BID PROCESS 10. Resolution Approving the Purchase of Three RESOLUTION NO. 12030 — Marked and Three Unmarked Police Vehicles RESOLUTION APPROVING THE from Folsom Lake Ford Sales in the Amount of PURCHASE OF THREE MARKED $144,153.39, and Eight Unmarked Pontiac Police AND THREE UNMARKED POLICE Vehicles from Coalinga Motors, Inc. in the VEHICLES FROM FOLSOM LAKE Amount of $132,784.50, as part of California FORD SALES IN THE AMOUNT OF Multiple Award Schedule Contracts Program $144,153.39 AND EIGHT UNMARKED which is Exempt from Bid Process (PD) — PONTIAC POLICE VEHICLES FROM File 4-2-340 x 9-3-30 COALINGA MOTORS, INC. IN THE AMOUNT OF $132,784.50 AS PART OF CALIFORNIA MULTIPLE AWARD SCHEDULE CONTRACTS PROGRAM WHICH IS EXEMPT FROM BID PROCESS 11. Resolution Approving the Use of State of RESOLUTION NO. 12031 — California Office of Traffic Safety Grant Funds in RESOLUTION APPROVING USE OF the Amount of $377,517 for Selective Traffic STATE OF CALIFORNIA OFFICE OF Enforcement Program from October 1, 2006 TRAFFIC SAFETY GRANT FUNDS IN through September 30, 2008 (PD) — THE AMOUNT OF $377,517 FOR File 4-10-353 x 9-3-30 "SELECTIVE TRAFFIC ENFORCEMENT PROGRAM" - OCTOBER 1, 2006 THROUGH SEPTEMBER 30, 2008 12. Resolution of Appreciation to Police Lieutenant RESOLUTION NO. 12032 — David Starnes, Employee of the Quarter Ending RESOLUTION OF APPRECIATION TO June, 2006 (PD) — File 102 x 9-3-30 x 7-4 POLICE LIEUTENANT DAVID STARNES, EMPLOYEE OF THE QUARTER ENDING JUNE, 2006 13. Resolution Approving Parcel Map Entitled "Map RESOLUTION NO. 12033 — of Oak Park Villas", Consisting of Four RESOLUTION APPROVING "MAP OF Residential Condominium Units on 56 San Pablo OAK PARK VILLAS", CONSISTING Avenue (PW) — File 5-1-362 OF FOUR RESIDENTIAL CONDOMINIUM UNITS ON 56 SAN PABLO AVENUE, SAN RAFAEL 14. Report on Bid Opening and Resolution Awarding RESOLUTION NO. 12034 — the Contract for 2006 Safe Routes to Schools RESOLUTION AWARDING Improvements Project, Project No. 21036, to CONTRACT FOR 2006 SAFE ROUTES Ghilotti Bros., Inc. for the Base Bid Plus Alternate TO SCHOOLS IMPROVEMENTS, #2 in the Amount of $334,076 (Bid Opening Held PROJECT NO. 21036, TO GHILOTTI on Thursday, August 24, 2006) (PW) — BROS., INC. FOR THE BASE BID File 4-1-587 x 9-3-40 PLUS ALTERNATE #2 IN THE AMOUNT OF $334,076.00 (lowest responsible bidder) 15. Resolution Authorizing Extension of Time for RESOLUTION NO. 12035 — Completion of Improvement Work Related to RESOLUTION AUTHORIZING Subdivision Entitled "Parcel Map — Lands of EXTENSION OF TIME FOR THE Rainoldi" (PW) — File 5-1-351 COMPLETION OF IMPROVEMENT SRCC Minutes (Regular) 09/05/2006 Page 2 SRCC Minutes (Regular) 09/05/2006 Page 3 WORK RELATED TO SUBDIVISION ENTITLED "PARCEL MAP — LANDS OF RAINOLDI", RECORDED IN BOOK 2004 OF MAPS, AT PAGE 045 (EXTENDED TO AND INCLUDING OCTOBER 31, 2006) 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 Councilmember Cohen: 4. SUMMARY OF LEGISLATION AFFECTING SAN RAFAEL (CM) — FILE 116 x 9-1 Stating he believed this item deserved more comment that just routine positions on Legislation Affecting San Rafael, Councilmember Cohen stated this was a recommendation for support of the infrastructure bonds placed on the ballot with bipartisan support — Propositions 1A through 1E. Councilmember Cohen noted that Proposition 1A was the Proposition 42 fix which would secure the sales tax on gasoline for transportation spending, which means the state could only borrow it once and must repay it before tapping it again, as opposed to having taken it each year since Proposition 42 passed which had been the practice until this year's budget. Councilmember Cohen stated Proposition 1 B was $19.9 billion in transportation funding and the remaining Propositions were significant Housing, Education and Levy Repair. Should there be a way to do so, he would like to see the City not just take an action and have it noted in the minutes, but make public the City's support for this package of Propositions. He believed they represented a significant investment in the future of California and it was important that they pass. Councilmember Cohen moved and Councilmember Heller seconded, to approve supporting Propositions 1 A through 1 E on the November ballot: Proposition 1A. Transportation Investment Fund. Bond Measure. SUPPORT Proposition 1 B. Highway Safety, Traffic Reduction, Air Quality, Port Security, Bond Measure. SUPPORT Proposition 1C. Housing and Emergency Shelter Trust Fund. Bond Measure. SUPPORT Proposition 1 D. Education Facilities. Kindergarten -University Public Education Facilities. Bond Measure. SUPPORT Proposition 1 E. Disaster Preparedness and Flood Protection. Bond Measure. SUPPORT 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 Mr. Gary Ford: 7. RESOLUTION AMENDING RESOLUTION NO. 11785 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL (2 -YEAR MOU FROM JULY 1, 2006 - JUNE 30, 2008) (CM) — FILE 7-8-2 Gary Ford, representing the Marin United Taxpayers Association (MUTA), stated their questions about the current Memorandum of Understanding between the City of San Rafael and the Firemen's Union had to do with finance. It had nothing to do with whether it was pro or con union, pro or anti Fire Department, rather the issue was one of finance. Indicating there was a $59.2 million unfunded pension liability, Mr. Ford stated that the effect of this union contract on that unfunded pension liability was extensive. Under the new union contract he noted that retirement would now be set at 3% at age 55. Currently, fire personnel could retire at age 55, after 20 years, at 52.40%, after 30 years they could retire at 78.59%; however, under the new contract, they could retire after 30 years at 90% and 60% after 20 years — a 14.5% increase. Mr. Ford stated this was the one issue that was not being discussed in this room or with the voters and taxpayers. Mr. Ford referred to the August 9, 2006 editorial in the Marin Independent Journal which questioned whether local officials were clearly disclosing to the public the economic and SRCC Minutes (Regular) 09/05/2006 Page 3 SRCC Minutes (Regular) 09/05/2006 Page 4 financial cost of these fringe benefits. Consequently, he stated MUTA was requesting that the City Council delay the approval of this union contract until the City provides the voters and taxpayers with the economic, financial and monetary costs of this contract. He stated it was alarming that the City was increasing the pensions amount in a state of deficit and he requested once again, that prior to approving this contract, the City provide written analysis, financial, economic and monetary. City Manager Ken Nordhoff stated staff had provided all kinds of information to the public including a desire to evaluate some statewide pension reforms. Various economic, monetary and financial data had been evaluated as it related to the past performances of the City's pension plans and these were considered as part of the recommendation before Council this evening. Mr. Nordhoff stated staff would not be recommending what was before Council this evening in the absence of having thought through both the two-year terms as well as the long term implications of the approved agreement with the Fire Association. He noted that funding pension obligations was a long term proposition; it was not unique to San Rafael and was not even unique to the public sector. Mr. Nordhoff stated the City would continue to meet its obligations, would commit to paying down the long term liability and ensuring it was fully funded, as it was contractually obligated to do. The action this evening would bind the Council further to do that and the City would step forward and meet those obligations. Indicating he would be glad to answer any specific questions regarding the agreement, Mr. Nordhoff explained that the pension tier being considered this evening was being fully paid for by the Fire Association as they were foregoing salary increases and other changes in benefits they might have considered as part of the compensation authority. They had chosen to direct all of the available resources into paying for this pension, both in this current agreement and on a go forward basis. Mayor Boro clarified that the firefighters had agreed to take this form of compensation as a contribution to their pension fund in perpetuity, and in essence, the unfunded liability would be offset by their contribution of these dollars on a go forward basis. Mayor Boro stated it was his understanding that every other fire agency in Marin County was either at 3% at 55 or 3% at 50 and San Rafael was the last agency to adopt this. He noted that four years ago this was offered to and accepted by the Police Department and in his opinion it now brought parity to Police and Fire with the City of San Rafael and Fire throughout the County of Marin. Mr. Nordhoff added that in looking at the compensation levels of all City employees, a survey is taken of both what is taking place in Marin County as well as comparable Bay Area cities; therefore, in discussing pension tiers, the Fire Association had been the very last for at least the past couple of years and this moved them up to the middle, which was comparable to other cities. Appreciating the points made, Councilmember Cohen stated the City Council was on record as talking about the pension issues. San Rafael residents demand the best and he believed they had to expect to pay for that and he did not believe the City could state it wished to attract and retain the best and brightest, particularly in the public safety arena, or any area of the City's endeavor, and lag behind every other surrounding community in paying benefits, including those where it was less expensive to live. Recalling discussing this with Mr. Ford previously, Councilmember Cohen believed that particularly with respect to public safety, no one had requested him to run towards a bullet or into a burning building; therefore, compensation both today and in terms of future benefits was entirely appropriate for people who were prepared to put their lives on the line for the residents of this community, and he did not have a problem taking that position publicly. Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 12036— RESOLUTION AMENDING RESOLUTION NO. 11785 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR FIRE DEPARTMENT PERSONNEL (2 -year Memorandum of Understanding from July 1, 2006 through June 30, 2008) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 09/05/2006 Page 4 SRCC Minutes (Regular) 09/05/2006 Page 5 The following item was removed from the Consent Calendar at the request of Councilmember Cohen 8. REQUEST FOR CITY PARTICIPATION IN COMMUNITY CHOICE AGGREGATION (CCA) PHASE II STUDY (CM) — FILE 271 x 13-1 Councilmember Cohen noted that he and Councilmember Miller together with City Manager Nordhoff attended a meeting at the County and they had a lot of questions about the concept of Community Choice Aggregation (CCA). He indicated it held the promise of greener energy supply for the residents of Marin County, and explained that CCA was a system whereby PG&E would continue to own and operate the transmission system; however, a JPA (Joint Powers Authority) would be formed that would purchase power and opt for a greener mix of power than PG&E currently chooses. The City could use this to create incentives for example, for locally generated solar power, etc., and could also purchase on the market wind power, solar power generated elsewhere, etc. Indicating the downside was rate risk and perhaps some supply risk, Councilmember Cohen stated this was fairly new, noting some other communities were doing it. One of the issues was how big the market was on the supply side as if suddenly a lot of communities wished to purchase green power and it was not available, he wondered whether anything much better than what PG&E was doing could be achieved. On the other hand, there were those who argued that one of the roles government could play in a market was that by creating demand someone would figure out a way to meet that, whereas PG&E had some forces driving it to rely on natural gas and so forth. Noting there were a lot of questions, Councilmember Cohen stated the choice being faced was "We are not even interested in asking those questions and trying to get answers, or "Yes, we will agree to participate by time (Councilmembers Miller and Cohen and the City Manager's time) but not by any financial contribution." He indicated that the County had offered to put up $200,000 for the study and would be happy if San Rafael were to volunteer to put some money in; however, this was politely declined. Councilmember Cohen stated if others on the City Council believed this was not something the City should even pursue, this was an opportunity to say so. Personally, he believed it was worth the investment of time to ask the questions and he wanted to see whether anyone had any concerns. Councilmember Heller believed those questions should be answered and she noted San Rafael and Novato had the most questions. Mr. Nordhoff clarified that every city had asked questions and noting they had a commitment of four, they were looking for everyone. The County, San Rafael and Novato were the critical mass and he believed having talked to Dan Keane, although he did not have an official answer from Novato, they would participate. Councilmember Cohen recalled the numbers from the meeting in terms of the power market to be something like County 25%, San Rafael 25%, Novato 25%, with everyone else representing the balance. Therefore, without commitment from both cities to at least explore this, it probably would not be workable. Should one or the other opt out they probably could put together a sufficient market; however, he believed they needed more than 50% of the market in Marin for it to be at all viable; therefore, they needed to know that one or both cities would participate. Noting Novato had some good questions, Councilmember Cohen believed San Rafael shared some of these questions; however, he got the sense they would, similar to San Rafael, go in very carefully looking at the risks and rewards. Councilmember Miller noted that both Novato and San Rafael issued numerous pertinent and pointed questions and the County indicated these would be answered in writing. Mr. Nordhoff confirmed having received an e-mail late today, copies of which he would forward to Councilmembers. Mayor Boro believed it made sense to pursue it at this level to ascertain what the potential might be. He indicated he had sent the City Manager a notice from PG&E indicating they were filing with the PUC (Public Utilities Commission) a special rate application because they were investing $14 million to create a staff to begin searching for this type of energy. Therefore, if it would cost them $14 million to do this search, he questioned where San Rafael was. Mr. Nordhoff stated that PG&E was under some state mandates to purchase some green power; therefore, they were trying to fulfill the obligations they have to meet in the next few years and it was not a surprise that they were investing that kind of money. He noted that the types of JPAs being considered here would have to be considering the same kind of financing, SRCC Minutes (Regular) 09/05/2006 Page 5 SRCC Minutes (Regular) 09/05/2006 Page 6 probably tax exempt, which gives a CCA type of approach some favorability; however, this was all part of the questioning that needed to be explored. Councilmember Cohen stated the sense he had from his colleagues at the County was that after this next study, sometime this coming spring, there would be an agenda item where the City Council would vote to join or not to join this JPA and commit. An opt out provision would allow residents of San Rafael to opt out of having their power provided by this Community Choice Aggregation. Councilmember Cohen stated that he and Councilmember Miller expressed fairly clearly that they were not at all bought into that decision-making model. He did not know exactly what it would look like; however, believed that to commit the community, particularly on an opt out basis, there would have to be a broader community discussion, rather than an item on some given Monday night's agenda stating San Rafael was being committed to taking this risk. He noted that even beyond the questions there were some serious process discussions that would have to be worked through. Councilmember Cohen stated that should the remainder begin to look like something viable, a way would have to be figured out to get the community engaged in making that decision. He noted the County was not necessarily happy to hear that. Councilmember Cohen moved and Councilmember Miller seconded, that San Rafael participate in the Community Choice Aggregation Phase II study. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATIONS: 16. PRESENTATION OF RESOLUTION OF APPRECIATION TO POLICE LIEUTENANT DAVID STARNES, EMPLOYEE OF THE QUARTER ENDING JUNE, 2006 (PD) — FILE 102 x 9-3-30 x 7-4 For the benefit of the audience, Mayor Boro explained that each quarter City employees select an Employee of the Quarter and for the quarter ending June, 2006, Police Lieutenant David Starnes was the recipient of this honor. Noting Lieutenant Starnes had been with the City for eighteen years, Mayor Boro stated the Resolution addressed all the great things he had done, quoting: "....always goes out of his way to help the City run smoothly. David is considered the epitome of a true team player." He noted Lieutenant Starnes had worked with many aspects of the Police Department, from Field Training Officer to SWAT member, Crime Street Officer, Detective, President of the North Bay Criminal Investigators Association, etc. Mayor Boro noted the Resolution also stated: "David is extremely adaptable to a variety of situations and always handles stressful situations well. One example is how David kept his composure while standing in front of dozens of fellow City employees when he found out that he was the winner of this award, with no prior knowledge. Another example is when David manages his Fantasy Football and Baseball teams named `Risky Business'." On behalf of the City Council, employees and community of San Rafael, Mayor Boro congratulated and thanked Lieutenant Starnes. Expressing thanks, Lieutenant Starnes stated he was honored to have been nominated and doubly honored to now receive this award. He indicated that his work at the Police Department was very easy because this was his family away from home and it was fun and challenging to go to work every day. Lieutenant Starnes reported that he looked forward to running the new Community Oriented Policing program. 17. PRESENTATION OF RESOLUTION COMMENDING THE MARIN COUNTY SCHOOL VOLUNTEERS AND PROCLAIMING THE MONTH OF SEPTEMBER, 2006 AS MARIN COUNTY SCHOOL VOLUNTEERS' MONTH (CM) — FILE 102 Mayor Boro explained this was a resolution of the City Council commending the Marin County School Volunteers and proclaiming the month of September, 2006 as Marin County School Volunteer month. He noted Councilmember Phillips expressly requested this. Mayor Boro stated the Resolution addressed all the great things the volunteers in this community do, noting the staggering numbers. He quoted: "As Marin County School Volunteers begins its tenth year, it proudly acknowledges the more than 1,600 community volunteers who have given 143,000 hours to 16,000 students at a volunteers' hourly value of $2,600,000" which was quite an accomplishment. Mayor Boro stated that the work they do and the individual care children receive as a result of the volunteers made a great difference. SRCC Minutes (Regular) 09/05/2006 Page 6 SRCC Minutes (Regular) 09/05/2006 Page 7 On behalf of the City Council and community of the City San Rafael and citizens of Marin County, Mayor Boro congratulated and thanked Joan Brownstein, Executive Director, Marin County School Volunteers and requested that she pass the Resolution on to her organization Ms. Brownstein expressed thanks on behalf of all the volunteers who put in the hours in the schools with the children to help them to do better, which they do. Noting volunteers make a big difference in schools she indicated they need lots more, and welcoming anyone present who wished to volunteer or who knew someone who would like to volunteer, she stated information was available in the lobby. 18. SWEARING-IN OF CITY MANAGER KEN NORDHOFF (CM) — FILE 9-3-11 Inviting Ken Nordhoff to the podium, Mayor Boro stated Mr. Nordhoff had been acting in this capacity for several months and had not been officially sworn -in. City Attorney Gary Ragghianti stated it was not unusual to conduct a background investigation and in this day and age a security check before administering the Oath of Office to high ranking employees of the City. This background investigation was conducted with regard to Mr. Nordhoff and regrettably, evidence was discovered in Mr. Nordhoff's office that very clearly indicated he might not be qualified for this job. Confirming the Chain of Custody, Lieutenant David Starnes produced the evidence and as a bio -hazard could exist, Mr. Ragghianti invited the City Clerk to open the bag. He noted this evidence was discovered hidden in the City Manager's office, which should provide some idea of the secretiveness of the man, and indicated that when the contents were revealed, the City Council would realize the reasons for the deep suspicions concerning Mr. Nordhoff. City Clerk Jeanne Leoncini submitted the evidence — a Dodgers Baseball cap. Mr. Ragghianti stated: "When I bleed, I bleed Dodger Blue - Chavez Ravine. You can't teach people this, they're born with it. This is an indication that he still suffers from the southern exposure. " Mr. Ragghianti inquired whether Mr. Nordhoff was aware this was in his office, to which Mr. Nordhoff responded affirmatively. Mr. Ragghianti stated: "Then you admit to your proclivities and your children's as well, and you have done nothing to remedy the situation, don't intend to and they're ahead in the Western Division?" Mr. Nordhoff responding affirmatively, Mr. Ragghianti returned the baseball cap to him. Mr. Ragghianti suggested a vote be taken. (laughter) Mayor Boro invited Mr. Nordhoff's wife, Shawna, daughter Elizabeth and son Noah to join the City Council at the podium. City Clerk Jeanne Leoncini administered the Oath of Office to Mr. Nordhoff COUNCIL CONSIDERATION: NEW BUSINESS: 19. RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2005-2006 MARIN COUNTY GRAND JURY REPORT ENTITLED "THE NEXT DISASTER: ARE MARIN CITIZENS PREPARED?" (CM) — FILE 269 x 13-11 x 9-3-16 x 9-3-11 City Manager Ken Nordhoff stated this was the City's response to the Grand Jury Report, entitled "The Next Disaster: Are Marin Citizens Prepared?" He noted that several findings and recommendations were made in the report which had been incorporated into a resolution as part of a response that would be authored by Mayor Boro and returned to the Grand Jury. Mr. Nordhoff noted that for approximately thirty years, there had been a Disaster Council, and as referenced in the staff report and resolution, this group would be reactivated. He reported that this group would participate in the Countywide Disaster Council engagements and sharing of ideas, etc. Their first meeting was scheduled for September 14, 2006 and he along with other staff members intended to be present; therefore, the City would be actively working on a broader scale as well as meeting the responses in the City. Inviting comment from the audience, Mayor Boro reported that a procedure change requested SRCC Minutes (Regular) 09/05/2006 Page 7 SRCC Minutes (Regular) 09/05/2006 Page 8 by the Grand Jury to the effect that findings would be agendized and open for discussion was adopted by the City Council some weeks ago. Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 12037 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2005-2006 MARIN COUNTY GRAND JURY REPORT ENTITLED "THE NEXT DISASTER: ARE MARIN CITIZENS PREPARED?" AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCILMEMBER REPORTS: 20. None. There being no further business, Mayor Boro adjourned the City Council meeting at 8:40 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12006 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 09/05/2006 Page 8