HomeMy WebLinkAboutCC Minutes 2007-09-04SRCC Minutes (Regular) 09/04/2007 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. TUESDAY, SEPTEMBER 4.2007 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
Paul M. Cohen, Vice -Mayor
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM — File 1-4-1a
a) Public Employee Performance Evaluation (Government Code Section 54957(b)
Title: City Manager
b) Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing, et al. v. Citv of San Rafael, et al.
U.S. District Court, Northern Dist. Of CA, Case # C003785
c) Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing, et al. v. Citv of San Rafael, et al. (MHC II)
U.S. District Court, Northern Dist. Of CA, Case # C043325
d) Conference with Legal Counsel — Anticipated Litigation
Government Code Section 54956.9(b)(3)(B)
Number of Cases: One
Mayor Boro stated that: "With regard to Closed Session Item 1d), Anticipated
Litigation, the circumstances giving rise to the City's exposure to litigation
consists of the arbitrator's recent decision of Equity Lifestyle's petition for a rent
increase."
City Attorney Gary Ragghianti announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:12 PM
None
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Cohen seconded, to approve the Consent Calendar, as
follows:
ITEM
2. Approval of Minutes of City Council Meeting of
Monday, July 16, 2007 (CC)
3. Resolution Authorizing the City Manager to Enter
into an Agreement with HF&H Consultants, LLC,
to Perform a Review of Marin Sanitary Service's
2008 Rate Application (CM) —
File 4-3-306 x 4-3-32
RECOMMENDED ACTION
Minutes approved as submitted.
RESOLUTION NO. 12341 —
RESOLUTION AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH HF & H
CONSULTANTS, LLC TO PERFORM
A REVIEW OF MARIN SANITARY
SERVICE'S 2008 RATE APPLICATION
(Commencing September 5, 2007 and
ending June 30, 2008)
SRCC Minutes (Regular) 09/04/2007 Page 1
4. Resolution Authorizing Sole Source Purchase of
Three 3/4 -Ton Chevrolet Silverado Pickup Trucks
for Fire Department Command Vehicles, from
San Rafael Chevrolet, at a Total Sum of
$121,446.27 (FD) — File 4-2-348 x 9-3-31
5. Resolution of Appreciation for Retiring Fire Chief
John Montenero (FD) — File 102 x 9-3-31
6. Resolution Approving the Purchase of One
Marked Police Vehicle from Folsom Lake Ford in
the Amount of $25,778.57, as Part of the
California Multiple Award Schedule Contracts
Program, which is Exempt from the Bid Process
(PD) — File 4-2-349 x 9-3-30
7. Report on the Informal Bid Process for
2006/2007 (PW) — File 9-3-40
8. Resolution Authorizing Temporary Street Closure
to Honor the 30th Anniversary of the Mill Valley
Film Festival, Showing the West Coast Premier
of Sean Penn's Newest Film, "Into the Wild," on
Thursday, September 13, 2007 (RA) —
File 11-19
9. Resolution Authorizing Temporary Time Change
of 4:30 - 10:00 p.m. for the Downtown Farmers'
Market Street Closure on Thursday, September
13, 2007 (RA) — File 11-19
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SPECIAL PRESENTATION:
SRCC Minutes (Regular) 09/04/2007 Page 2
RESOLUTION NO. 12342 —
RESOLUTION WAIVING THE
BIDDING REQUIREMENT AND
APPROVING AND AUTHORIZING
THE FIRE CHIEF TO PURCHASE
THREE CHEVROLET SILVERADO
PICKUP TRUCKS FROM SAN
RAFAEL CHEVROLET FOR THE
TOTAL SUM OF $121,446.27
RESOLUTION NO. 12343 —
RESOLUTION OF APPRECIATION
FOR RETIRING FIRE CHIEF JOHN
MONTENERO
RESOLUTION NO. 12344 —
RESOLUTION APPROVING THE
PURCHASE OF ONE MARKED
POLICE VEHICLE FROM FOLSOM
LAKE FORD IN THE AMOUNT OF
$25,778.57, AS PART OF
CALIFORNIA MULTIPLE AWARD
SCHEDULE CONTRACTS PROGRAM
WHICH IS EXEMPT FROM BID
PROCESS
Accepted report.
Removed from aqenda.
RESOLUTION NO. 12345 —
RESOLUTION AUTHORIZING THE
TEMPORARY TIME CHANGE OF
4:30 — 10:00 PM FOR THE
DOWNTOWN FARMERS' MARKET
STREET CLOSURE ON THURSDAY,
SEPTEMBER 13, 2007
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
10. PRESENTATION OF RESOLUTION OF APPRECIATION TO RETIRING FIRE CHIEF
JOHN MONTENERO (FD) — FILE 102 x 9-3-31
Mayor Boro explained that Fire Chief Montenero came to the San Rafael Fire Department with
the understanding that he would be the interim Fire Chief for a few months; however, that was
two years ago. He expressed thanks from the City Council and the San Rafael community for
the wonderful things Chief Montenero had done in such a short time, commenting that his
insight, ingenuity and take -charge attitude were much appreciated.
Mayor Boro stated the Resolution of Appreciation addressed the fact that Chief Montenero
came to the San Rafael Fire Department as an Interim Fire Chief subsequently becoming the
permanent Fire Chief. He saw a need to build a communications process and continued to
systematically introduce the AIM process begun by Chief Martin. He reorganized the
Communication Program and championed the Vegetation Management Program, and rightly
so, this ordinance will be his legacy long after leaving the City of San Rafael. Mayor Boro
stated that most importantly, the Resolution indicated that Fire Chief Montenero was well known
for his humility, communication skills, self-control, integrity, ability to recognize a problem
honestly, address it and find a positive solution almost effortlessly. Noting this truly reflected
Chief Montenero, Mayor Boro stated he was a wonderful gentleman and thanked him for doing
such a great job for the City.
SRCC Minutes (Regular) 09/04/2007 Page 2
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Fire Commissioner Chuck Daniels, accompanied by other members of the Fire Commission,
stated that it was his pleasure as Chair of the San Rafael Fire Commission to be present this
evening to witness the presentation of the Resolution of Appreciation to Fire Chief John
Montenero. Speaking for the Fire Commission, Commissioner Daniels stated that Fire Chief
Montenero was a delight to work with. He was a communicator, making calm, decisive
decisions, a hard worker and he took over the Fire Department from a Fire Chief of 40 years,
which was not an easy job. Fire Chief Montenero earned the respect of all of his firefighters
and the San Rafael Firefighters Association. He was a pleasure to work with and the Fire
Commission was sorry to lose him. Commissioner Daniels stated he understood that in a few
weeks Fire Chief Montenero planned to take a real vacation with his wife to the home of his
(Commissioner Daniels') ancestors in Ireland. He congratulated Fire Chief Montenero from all
members of the Fire Commission for all his great work.
Fire Chief Montenero stated it had been a pleasure working with this special San Rafael City
Council, and the management and staff under the direction of Ken Nordhoff, City Manager. He
indicated that the City was lucky to have a manager of Mr. Nordhoff's quality, patience,
kindness and communication skills. Chief Montenero stated that it had been great working with
the Fire Commission. The San Rafael Fire Department was made up of special people who
were good at what they did, and he urged them to continue to do so. Indicating that most of all
the organization depended on the firefighters, Chief Montenero stated that what the
organization became in the future would require hard work, and he looked forward to seeing
great things in the next couple of years from the San Rafael Fire Department.
Mayor Boro paused the City Council meeting to honor Fire Chief Montenero at a reception in
the lobby at City Hall.
The City Council meeting resumed at 8:40 p.m.
APPEAL HEARINGS:
11. CONSIDERATION OF APPEALS FILED BY EQUITY LIFESTYLE PROPERTIES, INC./ MHC
OPERATING LIMITED PARTNERSHIP (COLLECTIVELY "MHC"), OWNERS OF THE
CONTEMPO MARIN MOBILEHOME PARK ("PARK"), AND THE CONTEMPO MARIN
HOMEOWNERS ASSOCIATION, CHALLENGING THE ARBITRATOR'S DECISION IN
REGARD TO MHC'S PETITION FOR A RENT INCREASE FOR THE PARK (CA) —
FILE 13-7-1 x 9-3-16
Mayor Boro stated that this Appeal Hearing would be continued to a future date, at the request
of both appellants. (to be noticed again)
COUNCIL CONSIDERATION:
NEW BUSINESS:
12. CONSIDERATION OF RESOLUTION ESTABLISHING A NEW CRITICAL FACILITIES
COMMITTEE (CM) — FILE 9-2-57
City Manager Ken Nordhoff stated that at the last City Council meeting he outlined ideas around
picking up where the last Critical Facilities Strategy Committee left off. With Council approval
he had put together a formal report for Council consideration this evening that would kick off
reestablishing a new Critical Facilities Committee.
Referring to page 4 of the staff report, Mr. Nordhoff stated he had listed several potential
objectives for this newly formed committee, including:
• Reviewing the recommendations made by the last Critical Facilities Committee, adopted
by the City Council in April, 2005, and ensuring those priorities were still consistent in
2007.
• Evaluating recent polling and surveying carried out in the Citizens Satisfaction Survey to
get some sense of community interest around improving essential facilities.
• Evaluating funding alternatives as well as different capital financing or bond strategies,
and different ways of mixing and matching those solutions.
• Update costs associated with the last study.
• Set a timeline and deliver a report from the committee that identifies the scope, phasing
and timing of the various projects listed in the priorities set by the last committee.
Referring to the bottom of page 4 of the staff report, Mr. Nordhoff stated he discussed the size
SRCC Minutes (Regular) 09/04/2007 Page 3
SRCC Minutes (Regular) 09/04/2007 Page 4
of the committee, i.e., 12 — 15 members, meeting on a monthly basis until approximately June
2008. He indicated that the committee would need to become familiar with the history
associated with these projects and what the previous group had done. Staffing of the
committee would be by Mr. Nordhoff or his office, with a variety of stakeholders, including
advisory expertise — Police and Fire Chiefs, Community Services and Library Directors — as
they were the users of these various facilities, as well as representation from some employee
groups.
With regard to Board and Commission expertise, Mr. Nordhoff explained that perhaps there
should be a liaison from the Library Board, Park and Recreation Commission and Fire
Commission, together with a representative to ensure the law enforcement perspective was
reflected. He believed it would be necessary to determine whether or not those commission
representatives would sit in a non -advisory status or be a formal part of the Critical Facilities
Committee, which could ultimately determine the size of the group.
Reporting that outside expertise would be involved, Mr. Nordhoff noted that on the last occasion
there was a Council suggestion to have a Councilmember as a liaison. He was not
recommending that that person serve in any official capacity because as discussed, often this
could change the group dynamic.
Regarding the timeline, Mr. Nordhoff hoped to begin the application process in September,
make appointments in October, and the committee to begin its work in November, 2007. He
suggested Council consideration be given to whether the full Council should conduct the
interviews, noting a sub -committee of two (2) was utilized previously, with a recommendation to
the full Council.
Mr. Nordhoff explained that the resolution would authorize the formation of a new committee
and subsequent to appointments being made, formal action would be necessary on both the
appointees and the charter of the group.
Councilmember Heller inquired whether there would be monthly meetings or three or four
meetings closer together.
Mr. Nordhoff believed that getting started in November and December could prove difficult in
scheduling meetings; therefore, the "meat" of the work would probably commence in January,
2008. He explained it would be necessary to provide some history, evaluation, exploratory
discussions around financing and bond alternatives, etc., which could take until June; therefore,
he was factoring in time to allow the committee to generate a report as appropriate. Should the
committee be willing and able to shorten the duration, Mr. Nordhoff stated he would be glad to
comply.
Noting the question was raised concerning whether or not the library should be included, Mr.
Nordhoff stated he wished to ensure the committee had sufficient time to deal with their
approach to these issues relative to the last set of priorities. He clarified that he did not wish to
have those new to the process feel rushed.
Noting an announcement would be circulated in the community, Mayor Boro believed that
should there be a mix of new and old members, it would be important that they all begin with the
same knowledge and not assume the new group was obligated to a prior group's work. The
history should be valued and looked at; however, everyone should have the opportunity to
provide input.
Noting the City Council would have two new Councilmembers from early December,
Councilmember Cohen believed it important that they be fully invested in this project. He
wondered whether it would be wise to slow down the application process until January and
request that the committee meet a little more aggressively while attempting to meet the June,
2008 date, in order to include the two new members in the appointment process.
Councilmember Miller stated that as this was a very complex problem, it needed time,
especially with regard to financing, and he would be in favor of extending the commencement
date to January, 2008, to allow the new members of the City Council an opportunity to be
involved.
Councilmember Phillips believed the composition of the committee would be relatively simple as
there would be some applicants from the previous committee; therefore, the charge was more
critical. He questioned whether this evening's report would be more significant to the new
members than the composition of the 12 or 15 people.
Councilmember Cohen stated that whatever action was taken it would absolutely have to have
unanimous support to have a hope of being successful. He believed the challenge would be to
educate the public about the problem to be faced, which had grown over a number of years. An
SRCC Minutes (Regular) 09/04/2007 Page 4
SRCC Minutes (Regular) 09/04/2007 Page 5
investment would have to be made as a community, which would need strong support from the
new City Council.
Councilmember Heller favored a November/December start to begin to have the committee
meet with staff and perhaps begin to tour facilities, etc. The work could commence in January,
which would afford the new Councilmembers the opportunity to tour also.
Mayor Boro stated that when the two new Councilmembers were seated there would be a lot for
them to absorb and it could be February before everyone was "up to speed." It was no secret
that City facilities had a problem; therefore, he favored going forward. He believed the
committee would be broad based from the entire community and new members would take time
to become familiar with the issues. Council candidates would be apprised by City Manager
Nordhoff at a meeting on September 18, 2007 that this was an issue being pursued by the City.
Mayor Boro stated he believed the charge rather than the ownership of the committee to be the
issue and the new members of the City Council should be apprised of this to ensure they
agreed with and supported it. He believed the committee would represent those in the
community with an interest or were willing to serve and had an allegiance to the City rather than
the Council.
Councilmember Cohen stated that recruiting for people in September, with appointments in
October, would provide a higher profile in election season, which was appropriate. He believed
it would be important early in the year for the committee to meet with the new Council.
Mayor Boro hoped there could be a joint meeting between the City Council and the Critical
Facilities Committee sometime in January, 2008, to review the status.
Councilmember Cohen stated he would like to see a member from the Library Board and Fire
Commission serve as official liaisons on this committee.
Councilmember Miller believed there also should be a member of the Police Association on the
committee.
Mayor Boro stated that the Police Association and Police Department management would be
represented as staff to the committee. He believed the issue was identifying someone and
suggested Chief of Police Odetto encourage someone in the community with knowledge and
interest to apply. He commented that a Police Association member would have to be
replicated with Fire, Library, etc.
Councilmember Cohen stated he was referring to the existing citizen committees with respect to
the Fire Commission and Library Board.
Referring to the staff report - page 4 6. b. — Board Expertise - Mr. Nordhoff noted he had
included an appointment from the Park and Recreation Commission. He explained that the
goals set by the previous committee made note of the fact that improvements were needed at
the San Rafael Community Center, with additional work necessary at the Terra Linda
Recreation Center, and he wished to ensure the various Boards and Commissions were
included.
Councilmember Cohen stated he did not wish this to be so all encompassing that it meant
nothing. There was a discussion to be had about whether or not it should be public safety with
a separate library issue, or whether they should continue to be merged; however, the last
process was still fairly focused on these two issues — public safety facilities and the library — and
he believed that focus should be maintained.
Mr. Nordhoff stated he was just giving deference to item 6 in the Committee's report concerning
seismic and life safety upgrades at those two centers, and he wished to ensure one Board or
Commission was not being overlooked over another.
Commenting that this would have to be sold to the community, Mayor Boro noted that one part
of the community having a relatively new fire station might not see a huge interest or need as
people looked at what they would benefit from, at least indirectly. It appeared to him that if work
was to be done, especially in the area of safety at the community centers, the committee should
evaluate and prioritize, and should there be merit, it could be an attractive issue to accompany
the measure.
Councilmember Heller stated it appeared as though there could be twelve members, as well as
advisory or liaison members.
Mayor Boro believed all members should be able to vote, and fifteen could accommodate the
three Commission members called out, together with the members from the community.
SRCC Minutes (Regular) 09/04/2007 Page 5
SRCC Minutes (Regular) 09/04/2007 Page 6
Mr. Nordhoff stated that twelve would still be a very workable group; it would be reflective of the
community at large and would produce a quality report. He confirmed the committee's charge
was outlined on page 4 (5 bullet points) of the staff report, although not specifically listed in the
formal resolution.
Mayor Boro suggested that perhaps language should be added to the effect that once the
committee had its recommendations and completed its report, they would present their findings
preliminarily at public meetings.
Councilmember Cohen stated the charge would include a sixth step to the effect that the
committee would make their report public and they would present it to the community so that
people got the impact of what they discovered by reviewing the previous studies and going
through this process. He believed there was value to apprising the committee up front of the
expectation that they would preliminarily present their findings to the public.
Mr. Nordhoff stated this point would be added as a further objective.
Councilmember Phillips stated that based on the past, he concurred; however, there was a
slight chance that the committee could be spokespersons for something the City Council may or
may not wish to have conveyed.
Mayor Boro noted a Council liaison would be part of the committee with oversight from Mr.
Nordhoff.
Councilmember Phillips noted this would be an independent committee; however, on balance, it
would be an "o.k. end of the process."
Councilmember Miller moved and Councilmember Cohen seconded, to adopt the Resolution, to
include language to the effect that the Critical Facilities Committee would preliminarily present
their findings at public meetings.
RESOLUTION NO. 12346 — RESOLUTION AUTHORIZING THE CITY MANAGER TO
COMMENCE THE APPLICATION PROCESS IN ORDER TO
ESTABLISH A SAN RAFAEL CRITICAL FACILITIES
COMMITTEE (as amended to incorporate items outlined on
page 4 of the staff report)
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
COUNCILMEMBER REPORTS:
13. a) Proiect Homeless Connect: - File 9-1
Cohen, Heller, Miller, Phillips and Mayor Boro
None
None
Councilmember Miller distributed a report on Project Homeless Connect in San Francisco to
Councilmembers, which included copy of a PowerPoint presentation on exactly how the project
was developed. Explaining the project, he stated it was a co -location of services for homeless
families and individuals, with approximately 1,800 volunteers; the friendliness of the intake
process was phenomenal.
Having thought about the real purpose of the project after his visit, Councilmember Miller stated
that from his experience, the three purposes he believed should be incorporated into San
Rafael's smaller Marin Connect in San Rafael to be held on December 6, 2007 at the First
Presbyterian Church were as follows:
1) To acknowledge, affirm and appreciate that all persons, no matter their disadvantage, are
born free and equal in dignity and rights, and are treated in the spirit of brotherhood and
sisterhood.
2) To provide homeless and near -homeless individuals and families with a special place
where the entire community can embrace them so they can find opportunities for growth
and healing with the immediate services they need and ask for.
3) To awaken the gentle giant of goodness in the hearts of volunteers in building and
expressing a caring community so that all members, looking into the eyes of others,
especially the homeless and poor, can see themselves.
Councilmember Heller inquired as to how it was funded and operated.
Councilmember Miller stated it was physically set up by the volunteers in the City of San
Francisco (a County process in San Rafael's case), with food services, etc., donated. He found
it very exciting that having received their services, patrons had the opportunity of having their
pictures taken and telling their stories.
SRCC Minutes (Regular) 09/04/2007 Page 6
SRCC Minutes (Regular) 09/04/2007 Page 7
Mayor Boro outlined details of the proposed Project to be implemented in Marin County. He
stated he had met with Principal Planner Linda Jackson and a number of providers and it was
agreed that San Rafael would be the initial host as the project rotated throughout the County.
He indicated that Susan Adams, Marin County Board of Supervisors member, had made
contact with nine or ten cities/towns and had a Council/Town representative from each who was
willing to become part of the project. A meeting would be scheduled with all participants,
together with Supervisors Adams and Kinsey, and Mayor Boro reiterated that future projects
would be in other cities/towns, as there were homeless people throughout Marin County.
Expressing concern regarding private company participation to date, Mayor Boro stated that
more private volunteers, rather than County staff or non -profits, were needed to provide service,
as the intent was to get the community involved. He believed the Chamber of Commerce,
Business Improvement District and large employers needed to be recruited. He hoped that at
the MCCMC (Marin County Council of Mayors and Councilmembers) meeting on September
26, 2007, he and Supervisors Adams and Kinsey could bring the representatives from the
cities/towns who had expressed interest, up-to-date and get them on board.
Mayor Boro noted that this program had been initiated by Mayor Newsom in San Francisco
about two years ago. Angela Alioto headed up the effort, which had been very successful, was
copied throughout the country and received accolades from cities for what they had
accomplished in making the community aware of the homeless issues, while getting help to
those who needed and would accept it.
While the goal was to "end homelessness in ten years", which he considered unlikely, Mayor
Boro believed it a good goal to work towards to end homelessness as much as possible for
those who so desired.
b) Bav Bridge Closure: - File 9-1 x 9-3-31 x 9-3-30 x 9-3-40
Mayor Boro complimented Fire Chief Montenero, Chief of Police Odetto, Public Works Director
Andy Preston and City Traffic Engineer Nader Mansourian on their collaborative work over the
weekend ensuring service would be provided to the City in the event of backups due to the Bay
Bridge closure, which fortunately, did not materialize.
c) Proposed Construction in San Rafael: - File 9-1 x 9-3-40
Mayor Boro suggested that a plan be generated with CalTrans over the next year to deal with
anticipated day to day traffic jams in San Rafael during the proposed construction.
d) Sun Vallev Park: - File 9-1 x 9-3-40 x 9-3-65
Responding to Councilmember Cohen's inquiry as to the reason for a new bathroom in Sun
Valley Park being out of service, Public Works Director Andy Preston stated that a pressure tank
was required, which would be installed within the next few weeks.
Councilmember Cohen suggested this information be communicated to George Mills, Sun Valley
Neighborhood Association.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:30 p.m., in memory of
Dr. Dan Beittel, the City's representative on the Marin Commission on Aging, who recently passed away.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF , 2007
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 09/04/2007 Page 7