HomeMy WebLinkAboutCC Minutes 2007-01-16SRCC Minutes (Regular) 01/16/2007 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. TUESDAY. JANUARY 16, 2007 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 6:00 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 - 6:00 PM — File 1-4-1a
a) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: John R. Jones v. Citv of San Rafael
WCAB Case No.: SFO -0451543
b) Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Case Name: Aiib, Waiih v. Citv of San Rafael, et al.
Marin County Superior Court Case No. CIV052663
C) Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Case Name: St. Vincent's/CYO v. City of San Rafael, et al.
Marin County Superior Court Case # CV045400
d) Conference with Labor Negotiators — Government Code Section 54957.6
Negotiators: Ken Nordhoff, Jim Schutz, Nancy Mackle, Lydia Romero,
Donna Williamson, Richard Whitmore
Employee Organization(s): San Rafael Fire Chief Officers' Association
San Rafael Police Mid -Management Association
Western Council of Engineers
Assistant City Attorney Gus Guinan announced that no reportable action was taken.
2. INTRODUCTION OF NEW EMPLOYEES: - FILE 7-4
8:18 PM
The following new employees were introduced to the City Council by:
Ken Nordhoff, City Manager's Office, Bob Brown, Community Development Department,
David Dodd, Library, and Andy Preston, Public Works Department.
Citv Manaqer's Office:
Sylvia Gonzalez, Administrative Assistant III
(unable to attend)
Jim Schutz, Assistant City Manager
Communitv Development Dept.:
Sarjit Dhaliwal, Associate Planner
Bob Geno, Building Inspector I
Mindy Nguyen, Planning Technician
Caron Parker, Associate Planner
Librarv:
William Calhoun,
Teen/Electronic Services Librarian
Public Works:
Suvra Chakrabarti, Associate Engineer, Traffic
Art Gibney, Operations and Maint. Manager
Chris Robarge, Street Maintenance Worker II
(not in attendance)
Becky Simon, Associate Engineer, Traffic
John Tzafopoulos, Street Maintenance Worker II
(not in attendance)
Welcoming all to the City of San Rafael family, Mayor Boro noted that Carlene McCart, Community
Services Director, would be conducting a tour of City facilities for new employees.
Mayor Boro congratulated Library Director David Dodd on his election to the Executive Committee of
the California Library Association.
SRCC Minutes (Regular) 01/16/2007 Page 1
SRCC Minutes (Regular) 01/16/2007 Page 2
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as
follows:
10. Resolution Amending Resolution No. 11771 RESOLUTION NO. 12180 —
which Pertains to the Compensation for Part- RESOLUTION AMENDING
Time, Temporary, Intermittent and Seasonal RESOLUTION NUMBER 11771
Workers (MS) - File 7-8-6 WHICH PERTAINS TO
COMPENSATION FOR PART-TIME,
TEMPORARY, INTERMITTENT AND
SEASONAL WORKERS
SRCC Minutes (Regular) 01/16/2007 Page 2
ITEM
RECOMMENDED ACTION
3.
Approval of Minutes of Regular Meeting of
Minutes approved as submitted.
Monday, December 18, 2006 (CC)
4.
Call for Applications for Appointments to Fill Two
Approved staff recommendation:
2 -year Youth Terms on the Bicycle and
a) Called for applications for
Pedestrian Advisory Committee, Due to
appointments to the Bicycle and
Expiration of Terms of Isabelle Cohen and Daniel
Pedestrian Advisory Committee,
Swain (Terms to Expire End of October, 2008)
to fill two, 2 -year terms, with
(CC) - File 9-2-55
terms to expire the end of
October, 2008;
b) Set deadline for receipt of
applications on Tuesday,
February 6, 2007 at 12:00 Noon in
the City Clerk's Office, City Hall,
Room 209.
5.
Resolution Authorizing Renewal of Agreement
Item removed from agenda at request
with CSG Consulting to Perform Plan Review
of staff.
Services for Building Permits, from January 1,
2007 to January 1, 2008 (CD) -
File 4-3-446 x 9-3-85
6.
Resolution Authorizing a Grant Agreement with
RESOLUTION NO. 12179 —
the Association of Bay Area Governments for a
RESOLUTION AUTHORIZING
Design and Engineering Feasibility Study for the
PLANNING GRANT AGREEMENT
San Rafael Canalfront Conceptual Design Plan
WITH THE ASSOCIATION OF BAY
(CD) - File 111 x 9-3-85
AREA GOVERNMENTS FOR THE
CANALFRONT CONCEPTUAL
DESIGN PLAN (P06-005)
(COMMENCING ON JANUARY 16,
2007 AND ENDING ON JUNE 30, 2010
FOR A GRANT OF $20,000)
7.
SECOND READING AND FINAL ADOPTION OF
Approved final adoption of
ORDINANCE NO. 1847 — "An Ordinance of the
Ordinance No. 1847.
City Council of the City of San Rafael Approving
an Amendment to the Development Standards
for the "Shamrock Center" Planned Development
(PD 1715), Adding Permitted and Conditionally
Permitted Uses Within the General Commercial
(GC) Zone as Uses Allowed Within the Planned
Development, on Property Located at 647-655
Irwin Street (Apns: 013-032-01, 013-032-02, 013-
032-04, 013-032-05, 013-032-06, 013-021-38)"
(CD) - File 10-3
8.
Monthly Investment Report for Month Ending
Accepted Monthly Investment Report
November, 2006 (FN) - File 8-18 x 8-9
for month ending November, 2006, as
presented.
9.
Monthly Investment Report for Month Ending
Accepted Monthly Investment Report
December, 2006 (FN) - File 8-18 x 8-9
for month ending December, 2006, as
presented.
10. Resolution Amending Resolution No. 11771 RESOLUTION NO. 12180 —
which Pertains to the Compensation for Part- RESOLUTION AMENDING
Time, Temporary, Intermittent and Seasonal RESOLUTION NUMBER 11771
Workers (MS) - File 7-8-6 WHICH PERTAINS TO
COMPENSATION FOR PART-TIME,
TEMPORARY, INTERMITTENT AND
SEASONAL WORKERS
SRCC Minutes (Regular) 01/16/2007 Page 2
11. Resolution Authorizing Renewal of Agreement
with MSB/Data Ticket for up to one year of
Citation Services to City of San Rafael Parking
Services Division (MS) - File 4-3-397 x 9-3-87
12. Resolution Approving a Loan to Marin Housing in
an Amount not to Exceed Three Hundred and
Fifty Thousand Dollars ($350,000) for the
Purchase of a Below Market Rate Unit and
Making Findings and Approvals Pursuant to the
California Redevelopment Law in Connection
with the Utilization of Agency Low and Moderate
Income Housing Funds Outside the Central San
Rafael Redevelopment Project Area (APN 179-
471-14) (RA) - File 229 x (SRRA) R-173 x R-103
13. Resolution Authorizing Execution of Agreement
with Godbe Research to Perform the 2007 City of
San Rafael Public Opinion Survey (CM) -
File 4-3-435 x 4-17-201 x 9-3-11
SRCC Minutes (Regular) 01/16/2007 Page 3
RESOLUTION NO. 12181 —
RESOLUTION AUTHORIZING
RENEWAL OF CONTRACT FOR
PARKING CITATION SERVICES FOR
UP TO ONE YEAR WITH MSB/DATA
TICKET, INC.
RESOLUTION NO. 12182—
RESOLUTION APPROVING A LOAN
TO MARIN HOUSING IN AN AMOUNT
NOT TO EXCEED THREE HUNDRED
AND FIFTY THOUSAND DOLLARS
($350,000) FOR THE PURCHASE OF
A BELOW MARKET RATE UNIT AND
MAKING FINDINGS AND
APPROVALS PURSUANT TO THE
CALIFORNIA REDEVELOPMENT
LAW IN CONNECTION WITH THE
UTILIZATION OF AGENCY LOW AND
MODERATE INCOME HOUSING
FUNDS OUTSIDE THE CENTRAL SAN
RAFAEL REDEVELOPMENT
PROJECT AREA (APN 179-471-14)
RESOLUTION NO. 12183 —
RESOLUTION AUTHORIZING THE
CITY MANAGER TO EXECUTE AN
AGREEMENT WITH GODBE
RESEARCH TO PERFORM THE 2007
PUBLIC OPINION SURVEY IN AN
AMOUNT NOT TO EXCEED $26,000
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Cohen requested that the record reflect the correct spelling of his daughter's
name, Isabelle Cohen — which ends in `e' rather than `a'.
PUBLIC HEARING:
14. PUBLIC HEARING - CONSIDERATION OF RESOLUTION SETTING MAXIMUM RATES AND
FEES FOR MARIN SANITARY SERVICE REFUSE AND RECYCLABLE MATERIAL
COLLECTION AND DISPOSAL SERVICES, TO BE EFFECTIVE RETROACTIVELY TO
JANUARY 1, 2007 (MS) - FILE 4-3-32 VI I x 13-2
Mayor Boro declared the public hearing opened.
Economic Development Coordinator Stephanie Lovette reported that the City's agreement with
Marin Sanitary Service uses a revenue based methodology to set annual rates. A detailed
review takes place every three years, with a summary review in the off years. She indicated
that the 2007 rates were based on a detailed review and the recommended rate increase for
San Rafael was 5.8%. Noting some changes in 2006 in terms of commercial and residential
rates, Ms. Lovette stated staff's recommendation was 5.8% across the board.
Explaining that only 1.4% of the rate increase was actually due to increased operating costs on
the company side, Ms. Lovette stated that the majority of the remainder related to a 2.8%
increase due to an increase in disposal fees at Redwood Landfill. Noting the staff report
indicated Marin Sanitary Service was still in the midst of negotiations, she reported that the
negotiations were now completed and the rate would be $51 per ton for refuse. The remaining
3.9% related to depreciation and interest to implement the dual stream recycling and to
purchase new trucks.
Ms. Lovette stated the original proposal was 10.1%; however, having been reviewed by
consultants, Hilton, Farnkopf & Hobson, this was reduced to 8.1 %, which Marin Sanitary
Service agreed to. San Rafael's rates were reduced by an additional 2.1 % to reflect a credit
against the one time adjustment in 2006 for the inclusion of the properties formerly served by
Las Gallinas Valley Sanitary District.
Councilmember Phillips confirmed with Ms. Lovette that the new landfill rate was $51 per ton.
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There being no comment from the audience, Mayor Boro closed the public hearing.
Reporting that the new dual stream equipment was much easier to use, Councilmember Cohen
stated that while Marin County had an outstanding rate of diversion, this would help San Rafael
to increase the rate. He appreciated the company's continuing to look for the best methods and
technology to encourage people to participate.
Mayor Boro requested clarification that the rates were now consistent for north and south of the
hill for both residential and commercial.
Indicating that an extensive amount of work had been done in the rate setting process for 2006,
Mr. Nordhoff explained that residential, multi -family and commercial rates were merged and
blended into levels that were consistent both throughout San Rafael and with what was in the
market place for various services. He noted the rates before Council this evening did not
require any additional modifications between formerly Las Gallinas Valley Sanitary District and
the remainder of the City.
Referring to page 1 of the staff report, under Recommendation, Mr. Nordhoff noted the date
should read: "retroactively to January 1, 2007, not 2006."
Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution.
RESOLUTION NO. 12184 — RESOLUTION SETTING MAXIMUM RATES AND FEES FOR
MARIN SANITARY SERVICE REFUSE AND RECYCLABLE
MATERIAL COLLECTION AND DISPOSAL SERVICES, TO BE
EFFECTIVE RETROACTIVELY TO JANUARY 1, 2007
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCIL CONSIDERATION:
NEW BUSINESS:
15. ELECTION OF VICE -MAYOR FOR YEAR 2007 (CC) - File 9-1
Councilmember Miller placed in nomination the name of Councilmember Cohen to serve as
Vice -Mayor of the City of San Rafael for the year 2007. Councilmember Heller seconded the
motion, and Councilmember Cohen was elected Vice -Mayor for year 2007.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. CONSIDERATION OF CITY COUNCIL APPOINTMENTS TO COMMITTEES (CC) - File 9-1
Citv/School Liaison Committee: Councilmember Phillips confirmed for Councilmember Cohen
that he wished to continue his participation with this committee.
With regard to the formation of a Desian Review Process Committee, City Manager Ken
Nordhoff stated staff had not as yet taken any formal action.
Central Marin Sanitation Aaencv: Councilmember Cohen stated it appeared to him that this
was not an appointment of the City Council, rather the San Rafael Sanitation District.
Mr. Nordhoff stated this had probably been on the list for some time under the pretence that
those serving as the District representatives were somewhat de facto serving as the Central
Marin Sanitation Agency representatives.
Councilmember Cohen stated he believed that serving on the Central Marin Sanitation Agency
was representing the San Rafael Sanitation District, not the City of San Rafael.
Mr. Nordhoff suggested clarifying that this was not a direct City Council appointment.
Marin Countv Hazardous and Solid Waste Joint Powers Authoritv (JPA) Board and Executive
Committee and Marin Countv Waste Manaaement Advisory Committee re: AB 939:
Councilmember Heller stated she believed she was the representative on the Marin County
Waste Management Advisory Committee re: AB 939; however, she requested clarification on
SRCC Minutes (Regular) 01/16/2007 Page 4
SRCC Minutes (Regular) 01/16/2007 Page 5
the representative to the Marin County Hazardous and Solid Waste JPA Board and Executive
Committee.
Reporting that he serves at a staff level as part of the Household Hazardous Waste JPA
committee, Mr. Nordhoff explained that traditionally, a staff person and alternate are appointed
by the City Council. As the representative, he clarified that he could not delegate the position.
Mr. Nordhoff requested that the City Council Appointments list be amended to reflect this.
In amending this list, Mayor Boro requested that a differentiation be made to reflect City Council
appointments as opposed to Agencies councilmembers serve on where not appointed by the
City Council. Mr. Nordhoff stated the list would be restructured, incorporating changes provided
this evening.
Councilmember Heller moved and Councilmember Cohen seconded, to accept the report as
amended:
Marin County Hazardous and Solid Waste JPA Executive Committee: Ken Nordhoff, Barbara
Heller (Alt.).
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
17. None.
COUNCILMEMBER REPORTS:
18. Transportation, Communications and Public Works Policv Committee of the Leaque of
California Cities: - File 9-11-1
Reporting on the meeting of January 12, 2007, Councilmember Heller stated that in a
presentation on the California High Speed Rail Authority by Quentin Kopp, he indicated that a
$103 million proposal was submitted to be included in the state budget, to continue the program
work of the Authority to hire additional staff for the high speed rail should a $9.95 billion bond,
scheduled for the November 2008 ballot, pass. She indicated that the Policy Committee took a
support position on the $103 million.
Councilmember Heller reported that Will Kempton, Director of Caltrans, presented an update on
the budget, which had increased by $1 billion to approximately $12.8 billion. She indicated that
Mr. Kempton's background was in local public works and noted his public comments that he
was changing the attitudes of the 22,000 Caltrans employees regarding cooperation with local
governments.
Councilmember Heller also noted an interesting presentation on the Echo 911 system which
she believed had a long way to go before being ready for the public.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:46 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 2007
MAYOR OF THE CITY OF SAN RAFAEL
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