HomeMy WebLinkAboutCC Minutes 2007-09-17SRCC Minutes (Regular) 09/17/2007 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 17, 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
1. a) Conference with Legal Counsel - Existing Litigation, Government Code Section 54956.9(a)
Case Name: Michael McCusker v. Citv of San Rafael
WCAB Case No. SFO 050043
b) Conference with Labor Negotiators, All Bargaining Units — Government Code Section 54957.6
Negotiators: Jim Schutz, Leslie Loomis
Employee Organization(s): San Rafael Fire Chief Officers' Association
San Rafael Firefighters' Association
San Rafael Police Mid -Management Association
San Rafael Police Association
Unrepresented Management
Unrepresented Mid -Management
Elected City Clerk and Elected Part -Time City Attorney
Association of Confidential Employees
Western Council of Engineers
SEIU Miscellaneous & Supervisory
SEIU Child Care Unit
c) Public Employee Performance Evaluation - Government Code Section 54957(b)
Title: City Manager
d) Conference with Labor Negotiators - Government Code Section 54957.6(a)
Negotiators: Mayor Al Boro, Vice -Mayor Paul Cohen
Unrepresented Management Employee: City Manager
City Attorney Gary Ragghianti announced that no reportable action was taken on Items
1.a) or 1.b).
Items 1.c) and 1.d) would be included in the subject matter of a report from a sub -committee in
connection with Agenda Item #16.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:17 PM
None
CONSENT CALENDAR:
Councilmember Phillips moved and Councilmember Cohen seconded, to approve the Consent Calendar, as
follows:
1111=1LTA
3. Call for Applications to Fill Five Vacancies on the
ADA Access Advisory Committee through the
End of October 2009, Due to the Expiration of
Terms of Shari Dehouwer, Robert Gallimore,
Ewan McKechnie, Pat Merrill, and Craig Yates
(CC) — File 9-2-56 x 13-1-1
RECOMMENDED ACTION
Approved staff recommendation:
a) Called for applications to fill five,
2 -year terms on the ADA Access
Advisory Committee, to expire the
end of October, 2009;
b) Set deadline for receipt of
applications for Tuesday, October
9, 2007 at 12:00 Noon in the City
Clerk's Office, City Hall, Room
209; and
SRCC Minutes (Regular) 09/17/2007 Page 1
SRCC Minutes (Regular) 09/17/2007 Page 2
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, October 15, 2007,
commencing at 6:00 p.m.
4. Call for Applications to Fill Two Vacancies on the
Approved staff recommendation:
Park and Recreation Commission through the
a) Called for applications to fill two,
End of October 2011, due to the Expiration of
4 -year terms on the Park and
Term of Armando Quintero and Position Vacated
Recreation Commission, to expire
by Chandra Murphy (CC) — File 9-2-4
the end of October, 2011;
b) Set deadline for receipt of
applications for Tuesday, October
9, 2007 at 12:00 Noon in the City
Clerk's Office, City Hall, Room
209; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, October 15, 2007,
commencing at 6:30 p.m.
5. Resolution of Appreciation to Jim Atchison
RESOLUTION NO. 12347 —
Recognizing Twelve Years of Service as a San
RESOLUTION OF APPRECIATION TO
Rafael Planning Commissioner (CD) —
JIM ATCHISON RECOGNIZING
File 102 x 9-2-6
TWELVE YEARS OF SERVICE AS A
SAN RAFAEL PLANNING
COMMISSIONER
6. Resolution Approving Permit to Allow St. Isabella
RESOLUTION NO. 12348 —
School to Conduct a Carnival at One Trinity Way on
RESOLUTION APPROVING A PERMIT
October 12-14, 2007 (CD) —
TO ALLOW ST. ISABELLA'S SCHOOL
File 9-10-5 x 9-3-85
TO HOLD A CARNIVAL FROM
OCTOBER 12, 2007 TO OCTOBER 14,
2007, AT ONE TRINITY WAY (APNs:
175-181-25 AND 175-181-27) (ST.
ISABELLA PARISH PROPERTY)
7. Resolution Rescinding Resolution No. 11197
1) RESOLUTION NO. 12349 —
Regarding Housing Assistance for Department
RESOLUTION RESCINDING
Directors; and Resolutions Authorizing the Mayor
RESOLUTION NO. 11197 WHICH
and City Manager to:
ESTABLISHED HOUSING
a) Execute Amendment to Employment
ASSISTANCE FOR DEPARTMENT
Agreement with Fire Chief Christopher Gray;
DIRECTORS
and
b) Execute a Home Loan Agreement with Fire
2) RESOLUTION NO. 12350 —
Chief Christopher Gray (CM) -
RESOLUTION APPROVING AND
File 4-10-355 x 9-3-31
AUTHORIZING THE MAYOR AND
THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO
FIRE CHIEF EMPLOYMENT
AGREEMENT BETWEEN THE
CITY OF SAN RAFAEL AND
CHRISTOPHER GRAY
3) RESOLUTION NO. 12351 —
RESOLUTION APPROVING AND
AUTHORIZING THE MAYOR AND
THE CITY MANAGER TO
EXECUTE A HOME LOAN
AGREEMENT BETWEEN THE
CITY OF SAN RAFAEL AND
CHRISTOPHER R. GRAY, FIRE
CHIEF
8. Monthly Investment Report for August, 2007 Accepted Monthly Investment Report
(Fin) — File 8-18 x 8-9 for month ending August, 2007, as
presented.
SRCC Minutes (Regular) 09/17/2007 Page 2
9. Resolution Extending the License Agreement
Between PG&E and the City of San Rafael for
Use of the Parking Area Located at 999 Third
Street for an Additional 12 -month period (MS) —
File 4-10-335 x 9-7-3
SRCC Minutes (Regular) 09/17/2007 Page 3
RESOLUTION NO. 12352—
RESOLUTION EXTENDING THE
LICENSE AGREEMENT BETWEEN
PACIFIC GAS & ELECTRIC
COMPANY (PG&E) AND THE CITY OF
SAN RAFAEL FOR USE OF THE
PARKING AREA LOCATED AT 999
THIRD STREET FOR AN ADDITIONAL
12 MONTH PERIOD (Fourth
Amendment to License Agreement,
commencing 9/1/2007 and running to
9/11/2008)
10. Resolution Establishing Gambling Wagering RESOLUTION NO. 12353 —
Limits in City of San Rafael Card Rooms (PD) — RESOLUTION ESTABLISHING
File 9-10 x 9-3-30 GAMBLING WAGERING LIMITS IN
CITY OF SAN RAFAEL CARD ROOMS
11. Report on Bid Opening and Resolution Awarding
Contract to Argonaut Constructors for the Street
Resurfacing 2006/2007 Las Gallinas Avenue and
Civic Center Drive, Project No. 11094, Federal
Aid Project No. STPL 5043 (21), in the Amount of
$1,054,887.00 (Bid Opening held on September
6, 2007) (PW) — File 4-1-598 x 9-3-40
12. Report on Bid Opening and Resolution Awarding
Contract to Ghilotti Bros., Inc. for the
Medway/Canal Enhancement Project in the City
of San Rafael, Medway Road from Francisco
Blvd. East to Canal Street, Project No. 10705,
Federal Aid Project No. STPLPR 5043 (019), in
the Amount of $1,191,198.00 (Bid Opening on
September 6, 2007) (PW) —
File 4-1-599 x (SRRA) R-459 x (SRRA) R-140#8)
AYES:
NOES:
ABSENT:
SWEARING-IN
RESOLUTION NO. 12354 —
RESOLUTION AWARDING THE
CONTRACT FOR STREET
RESURFACING 2006/2007, LAS
GALLINAS AVENUE AND CIVIC
CENTER DRIVE, CITY PROJECT NO.
11094, FEDERAL AID PROJECT NO.
STPL 5043 (21), TO ARGONAUT
CONSTRUCTORS, IN THE AMOUNT
OF $1,054,887.00 (lowest responsible
bidder)
RESOLUTION NO. 12355 -
RESOLUTION AWARDING THE
CONTRACT FOR MEDWAY/CANAL
ENHANCEMENT PROJECT,
PROJECT NO. 10705, FEDERAL AID
PROJECT NO. STPLPR 5043 (019),
TO GHILOTTI BROS., INC., IN THE
AMOUNT OF $1,191,198.00
(lowest responsible bidder)
COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
COUNCILMEMBERS: None
COUNCILMEMBERS: None
2. SWEARING-IN OF CHRISTOPHER GRAY, FIRE CHIEF (FD) — FILE 9-3-31
City Clerk Jeanne Leoncini administered the Oath of Office to Fire Chief Christopher Gray.
Mrs. Cynthia Gray pinned on Chief Gray's badge.
Mayor Boro stated it was great to see so many members of the Fire Department present this
evening, and welcoming Fire Chief Gray and Mrs. Gray, he indicated he looked forward to a
long and productive career for him with the City of San Rafael.
Expressing gratitude for the opportunity, Fire Chief Gray introduced members of his family and
friends present, and acknowledging the members of the Fire Department in attendance, he
indicated he would do everything possible to take care of them. He also thanked Retiring Fire
Chief John Montenero.
SPECIAL PRESENTATIONS:
13. PRESENTATION OF RESOLUTION OF APPRECIATION TO JIM ATCHISON RECOGNIZING
TWELVE YEARS OF SERVICE AS A SAN RAFAEL PLANNING COMMISSIONER (CD) —
FILE 102 x 9-2-6
Mayor Boro explained that Jim Atchison had been a member of the San Rafael Planning
Commission for twelve years. The Resolution of Appreciation addressed his many
accomplishments, including serving as Chair of the Planning Commission on two separate
occasions, and the fact that he had attended more than 300 City meetings, always acting in the
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SRCC Minutes (Regular) 09/17/2007 Page 4
best interests of the community and seeking Solomonesque decisions. Mr. Atchison
volunteered in many different capacities, including Citizen of the Year Selection Committee and
the Design Discussions and was a key neighborhood leader in the North San Rafael Vision
process and in the Vision -in -Action committee. The Resolution also listed the many important
projects Mr. Atchison participated in as a member of the Planning Commission.
Mayor Boro quoted from the Resolution: "Jim's participation on the Planning Commission was
characterized by his unique self -deprecating sense of humor, which often had a calming
influence in tense situations and his well reasoned decision-making."
On behalf of the City Council and the citizens of San Rafael, Mayor Boro expressed thanks to
Jim Atchison for his work on the Planning Commission and for the City of San Rafael.
Mr. Atchison stated that San Rafael remained beautiful because of the policies of the San
Rafael City Council and the assistance from the tremendous San Rafael staff to the Planning
Commission. He stated that in traveling around one would be hard pressed to find anything
better than what the citizens of San Rafael had. Serving on the Planning Commission was a
great way to give back to the community and expressing thanks, he stated he had appreciated
all of his twelve years of service.
14. PRESENTATION OF 2007 LEAGUE OF CALIFORNIA CITIES HELEN PUTNAM AWARD OF
EXCELLENCE GRAND PRIZE FOR PICKLEWEED PARK COMMUNITY CENTER AND
LIBRARY PROJECT (CS) — FILE 267 x 109 x 9-3-65
Community Services Director Carlene McCart reported that for 25 years the League of
California Cities had recognized various communities for exceptional, quality service and level
of service, produced in the most effective manner, through the Helen Putnam Award Program.
She explained that Helen Putnam was the former Mayor of Petaluma, with whom she (Carlene)
had the honor and privilege of serving, and was also the first woman president of the League of
California Cities.
Ms. McCart reported that this year the Pickleweed Park Community Center and Library was
recognized in the Community Services and Economic Development division for its innovative
programs, engagement of community based organizations, volunteer programs, service to
elders, youth, newly immigrated, and for its programs and services that advance the economic
vitality of the community.
Indicating that over 30 nominations were received from communities all over California, Ms.
McCart reported that three cities were recognized with an Award of Excellence. Two weeks
ago, at their Convention in Sacramento, the League of California Cities named the Pickleweed
Community Center and Library as their grand prize winner for 2007. She stated staff was
especially pleased to bring back a plaque and ribbon; however, it was most gratifying that the
award was arriving in time for the current City Council to share, as this Council moved this
project from the outset through eight years of development until the opening in July, 2006.
Congratulating the City Council for their leadership and vision with the project, on behalf of the
League of California Cities, Ms. McCart presented the plaque to Mayor Boro, together with a
copy of the commemorative poster and a ribbon. She explained that Pickleweed was featured
as the March project in the 2008 calendar.
Noting a celebration would be held at Pickleweed soon, Mayor Boro expressed thanks to Ms.
McCart for her leadership and work, as well as the job done by David Donery, Pickleweed
Supervisor, and all the Pickleweed staff.
Mayor Boro paused the City Council meeting to honor Fire Chief Gray and Jim Atchison with a
reception in City Hall lobby.
The City Council meeting resumed at 8:55 p.m.
PUBLIC HEARING:
15. CONSIDERATION OF AN ORDINANCE ADDING NEW CHAPTER 8.19 TO THE SAN
RAFAEL MUNICIPAL CODE ENTITLED "SOCIAL HOST ORDINANCE" (PD) —
FILE 13-1 x 9-3-30
Mayor Boro declared the public hearing opened.
Chief of Police Matt Odetto explained that the proposed ordinance was developed by City staff
and the City Attorney's office to address underage drinking in private homes within the City
limits, to be known as the "Social Host Ordinance."
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Chief Odetto reported that a recent survey of the County of Marin revealed that the rates of
underage and binge drinking within the County currently surpassed the national average. The
survey demonstrated that 75% of teenagers drinking alcohol often drank at private house
parties. He stated that in too many cases involving teen drinking, persons having control of the
property had failed to ensure that the party goers were of a legal age to drink alcohol.
Chief Odetto reported that the occurrence of these social gatherings on private property where
alcoholic beverages were served and consumed by underage drinkers had increased the
occurrences of social problems such as excessive noise, vandalism, traffic obstructions and
driving while intoxicated, with the unfortunate consequences of injury or death. He indicated
that sadly, in the past two years alone, these types of events in Marin County had led to three
deaths and two youths paralyzed. Chief Odetto stated that officers are routinely called to these
parties, resulting in an inordinate amount of City police time.
Indicating that staff had worked very closely with the City Attorney's office, Chief Odetto stated
that input had been taken from the County Health and Human Services Department,
discussions were held with the Youth Leadership Institute (YLI) and a Community Forum was
hosted by the San Rafael Police Department on September 5th , where all concerned parties
were invited to discuss the ordinance.
Chief Odetto explained that currently there were no Municipal Code sections addressing this
particular problem. The ordinance would allow two options of enforcement, administrative and
criminal, and any violation of the proposed ordinance would be deemed a public nuisance and
may be enforced as an infraction, misdemeanor, or by administrative citation under judicial
remedies outlined in the Municipal Code in Section 1.44.
Chief Odetto stated that currently officers respond and handle these calls of underage drinking
at social gatherings. An increase in these types of calls is not expected on passage of the
ordinance; however, the Social Host Ordinance allows recouping of direct costs of responding
to these events, as well as issuing a citation and fine.
Indicating that under the ordinance as currently drafted there were several options available to
the Police Department in dealing with the social host or unlawful teenage drinking, Chief Odetto
explained these as follows:
1) Administrative citation, which was non penal, City only, with no court involvement
unless there was an appeal;
2) Criminal citation, infraction of misdemeanor — infraction involves a fine only, no jail, and
misdemeanor carries a fine, with potential of jail;
3) Pursue a court injunction.
He indicated that these were some of the same penalties and assessments available to any
City enforcement body.
Chief Odetto stated that the decision on whether to make it a civil penalty rested with the officer
who had the discretion on the type of citation to be issued; this would depend on the event and
magnitude of the party.
San Rafael being a large agency, Chief Odetto outlined the other options available:
• Youth Services Bureau where underage people could be assigned;
• Restorative Justice programs where cited youth could be referred to youth court.
In the event of someone being unable to afford the fine, Chief Odetto explained that options
included an Administrative Hearing Officer who would have the discretion to reduce the fine
substantially or discard it altogether.
Chief Odetto stated that the meeting of September 5th went very well. Opinions and concerns
were expressed which were addressed as a City. He believed that having a transparent and
open meeting such as this was beneficial to everyone.
Chief Odetto stated that staff recommended approval of the ordinance.
Mayor Boro requested that speakers confine their comments to approximately 3 — 5 minutes.
Sheramie Johnson, Novato, stated she was a graduate of Dominican University and a youth
participant at the Youth Leadership Institute in San Rafael. Having a personal investment in
policies addressing the risks, dangers and consequences of underage drinking in Marin County,
Ms. Johnson stated that as members of the Youth Leadership Institute they had been working
for the past six months advocating for the Social Host Ordinance in San Rafael, and they
greatly appreciated the City Council and Police Department's support during the process.
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Ms. Johnson explained that the original intent of the measure was to be preventative and
include only a civil fine; however, in recent weeks they had learned of the San Rafael Police
Department's decision to include a criminal offense in the ordinance. They hoped the City
Council would take into consideration some of their issues prior to adopting it.
Dolores Teiada, Senior, Dominican University, and intern at the Youth Leadership Institute,
indicated that through her experience at Dominican University and in San Rafael, she had
asserted her views of the Social Host Ordinance on a civil level. Furthermore, they understood
through the community meeting on September 5, 2007, that the ordinance would commence on
a trial -like basis, with only civil fines being enforced. She indicated they strongly agreed with
this recommendation and hoped that this language would be written into the ordinance to
eliminate any confusion or questions regarding the direction of the ordinance. Along with this
language, she stated that more specific guidelines should be included under Section 8.19.070
to support each individual officer, rather than leaving it to the officer's discretion on a case-by-
case basis. This would maintain consistency and relieve each officer of any extra and
unnecessary burdens or responsibility.
Jagpal Sran, San Rafael, stated that in addition to being a Sophomore at Dominican University
she was a second -year member of the Youth Leadership Institute, San Rafael, and this evening
she would like to discuss the cost effectiveness of including a criminal offense weighed against
the gains. She indicated that with a criminal offense, the City must pay for an investigation, the
officer's time, as well as an Administrative Hearing, which at a minimum, would be double the
cost of a civil hearing. In addition, they believed it would be beneficial to include in the
ordinance language, a section on education for alternative fines, such as youth court and
community service for families who could not afford the fine.
Maureen DeNieva, recent graduate from Dominican University and presently a graduate
student at Dominican University, stated she was the current Alcohol Policy Alliance Program
consultant, which was a program of the Youth Leadership Institute. She explained they
originally wanted the Social Host Ordinance to be entirely civil with the intent of preventing
underage drinking and not criminalize the responsible individual. With the criminal fine, they
believed that the punishment did not fit the crime. Should additional crimes be committed at a
house party, such as property damage, assaults or other offenses, the officers could enforce
criminal charges under existing laws. Ms. Deneva stated they were definitely committed to
leading a social norms and media campaign to raise awareness of the Social House
Accountability Ordinance and because of this, they believed that having a set fine amount
would send a strong message to the public about the consequences of violating this ordinance.
She indicated that as currently written, the ordinance did not necessarily clearly state the total
amount of the fine, and it was their hope this would be taken into consideration before moving
forward.
Ana Tafolla, San Rafael, stated she currently attends College of Marin and also works with the
Youth Leadership Institute, and while it was important to generate new laws to address this
issue, it was also important to provide prevention services to those at risk of underage drinking.
She indicated these services would provide more activities for youth after school and make
existing services available to those who were not aware of them because of education level or
language barriers, which specifically applied to the Canal neighborhood. Thanking the City
Council for their support, she stated they looked forward to working with the City to provide
these services to those who really needed them and were at risk of underage drinking.
Scott Spicer, San Rafael, Prevention Coordinator, Youth Leadership Institute, on behalf of his
organization thanked the City Council and Police Department for their diligence in this matter.
They appreciated the priority given to this issue and were committed to working together to
invest in youth and build a safe and health community. While this ordinance was a major step,
he believed it was only one step in the process of tackling this issue in San Rafael. Measures
needed to be in place to prevent the problem from occurring and address current situations
where adults were providing youth access to alcohol.
Mr. Spicer urged the City Council to take their thoughts on this ordinance into consideration and
continue to move forward in the process of being thorough and methodical on the issue. For
that reason they requested that no vote be taken to adopt the ordinance as currently written.
While they were supportive of a Social Host Accountability Ordinance, he stated, however, they
believed that in order for it to be an effective, preventative measure, it needed to be adopted
and enforced as a civil ordinance with clearly stated fines and enforcement protocol.
There being no further comment from the audience, Mayor Boro closed the public hearing.
Mayor Boro noted a comment was made to the effect that Chief Odetto had alleged at the
meeting of September 5, that this program would be started with a trial of civil only.
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SRCC Minutes (Regular) 09/17/2007 Page 7
Chief Odetto stated that such discussion took place and he was not opposed to starting at a
lower pacing to monitor how it worked.
Mayor Boro reported that several weeks ago he and Councilmember Miller met with Mr. Spicer
and others from the Youth Leadership Institute and some of the discussion centered on
enforcement against those who purchased alcohol for minors. He recalled that the Police
Department recently received an $88,000 grant to fight this issue and he inquired as to whether
the act of buying was a criminal or civil offense. Chief Odetto confirmed it was a criminal
offense.
Mayor Boro stated that to him an adult providing alcohol to someone under twenty-one without
parental knowledge was as bad or worse than "making $20 by buying a bottle of liquor for
someone." He, therefore, was having a tough time understanding why YLI wanted the City to
enforce the purchase and not impose the criminal. He believed people needed to be
accountable for what they did, which, in his opinion, was a problem of today's society. He was
aware of instances of people dying as a result of these types of parties; the alcohol
consumption level in the County was about the highest in the nation for children in junior high
through high school and he was having a difficult time differentiating a criminal penalty,
although in the case of a purchase, he believed it was automatic.
Chief Odetto noted a common theme from several speakers where they were concerned, or
were not informed as to the fine schedule. He explained that the ordinance would default to
Resolution No. 11672 — the first violation being $250 plus cost of recovery, second $312.50 plus
the cost of recovery and the third, and subsequent violations every 3 years, would be $375.00;
therefore, there was control over the fine. Regarding officers' time, Chief Odetto explained, that
on being dispatched to an out of control party, it was the officers' responsibility to ensure that
each underage drinker was safe to move or whether parents needed to be contacted, and this
could tie up two, three or four officers on any given night.
Referring to Section 8.19.070 — Violations: Penalties — "All remedies shall be alternative to or in
addition to or in conjunction with, and not exclusive of, one another. The election of remedies
shall be at the sole discretion of the City", Mayor Boro requested clarification on how a decision
could be made to make an event criminal versus civil.
Chief Odetto explained that in the event of an out of control party with damage, vandalism,
fights, assaults or sexual assaults, the officers would use their discretion on what available
option to use. As outlined earlier, these options included civil, infraction, misdemeanor,
restorative justice, community service and administrative hearing officer. He stated he did not
wish to have to request an officer to use set guidelines each time as each circumstance was
different. Police Officers were professionals and trained to make judgments.
In the event of an officer citing someone criminally, Mayor Boro inquired whether this had to go
to the District Attorney for a decision on prosecution.
Chief Odetto stated it would go to the City Attorney in the first instance, who had discretion
regarding administrative or in-house citations.
Expressing surprise at the comments that it be a "feel good" ordinance, with no teeth,
Councilmember Heller believed an ordinance such as this was put in place to change behavior,
which was not usually changed without consequences. Depending on the seriousness of the
incident, there were many different levels of dealing with it and she was satisfied with the
ordinance. Councilmember Heller stated she was not really clear as to the thinking behind not
putting a final consequence in the ordinance.
Councilmember Phillips stated his interpretation was that it was suggested there should be
consequences, but not to the extent of criminal. He applauded the members of YLI for sharing
their views and apologized to Scott Spicer for not returning his call.
To understand the process a little better, Councilmember Phillips inquired whether the officer at
the scene had sole discretion as to the degree of penalty, civil versus criminal.
Chief Odetto stated it would be up to the sole discretion of the officer unless that officer was told
to change the option; however, it would depend on the degree of the incident at the home.
Regarding easing into the ordinance using the civil code versus an infraction or misdemeanor,
Chief Odetto believed this to be reasonable and should be explored. The ordinance should be
evaluated in six months for comparison purposes.
Noting this was a new area, Councilmember Phillips considered that it could be difficult to set a
universal standard. He indicated he would feel more comfortable if agreement on a penalty
route, criminal or civil, were in place prior to the ordinance being final.
SRCC Minutes (Regular) 09/17/2007 Page 7
SRCC Minutes (Regular) 09/17/2007 Page 8
City Attorney Gary Ragghianti stated that substituting District Attorney for City Attorney would
afford a better idea of the layers that impact the generating force giving rise to the citation. He
explained that when an arrest is made, the District Attorney decides whether or not it would be
prosecuted and at what level. An arrest for a felony could be reduced to a misdemeanor or put
as a misdemeanor by the District Attorney whether the police officer agrees or not. In this
instance he believed a determination by the officer in the field to issue a civil or criminal citation
was his or hers, depending on the circumstances; however, on reaching the City Attorney's
office it goes through an entirely different process. Should the City Attorney's Office decide to
prosecute the case, they take it to court, have to prove the case and determine whether the
evidence was sufficient to do so; therefore, it could happen that a criminal citation issued at the
scene would not be prosecuted by the City Attorney's office because staff did not agree with it.
While it could happen, Mr. Ragghianti was not suggesting it does happen; however, the officer
was responsible for making the initial judgment and for generating the civil or criminal citation.
Subsequently, a more dispassionate review takes place by the City Attorney's Office prior to
actual filing, and it could change.
Councilmember Heller inquired whether San Rafael was the only entity in the County that had
included a criminal component in the ordinance. Chief Odetto believed the City of Novato had a
similar ordinance.
Concurring with Mr. Ragghianti, Chief of Police Odetto stated the City Attorney's Office offered
another level of review and oversight and would determine whether or not to pursue the matter.
He confirmed there were layers of oversight in addition to what was available at the Police
Department.
Indicating strong support for the ordinance, should the intent be to review the ordinance in six
months, Councilmember Cohen inquired as to implementing the civil portion immediately with
an intent to review its application and consider in six months whether or not to add the criminal
component. He clarified that taking the suggestion of a civil statute initially in conjunction with
Chief Odetto's statement that he believed it should be reviewed in six months for its
effectiveness, he was curious as to what the impact would be of breaking it into two pieces by
adopting the civil penalties initially, and holding the option of adding criminal penalties in
reserve.
Mr. Nordhoff believed Chief Odetto was referring to having a willingness, if the ordinance were
adopted, to have it run for a period of time, reporting back on civil and criminal violations and
what had been overturned by the City Attorney's office, etc. He believed the assessment
would be diminished in some way with only the civil aspect, because officers in the field would
not have the criminal tool at their disposal and there would be no way to know whether they
would have made different decisions based on events.
Agreeing with the ordinance, Councilmember Miller stated he very much respected the position
and viewpoints of the YLI; however, he favored the approach of the criminal aspect which would
encourage people to think twice. In terms of prevention, he believed a lot of flexibility and
options were available; the intent was to prevent rather than punish, be a deterrent rather than
criminalize, and as with other City services, fines would pay for the service.
Supporting Councilmember Cohen's recommendation, Councilmember Phillips noted some
parents believed they were doing the right thing by having parties at home. While the intent
was good, receiving a criminal penalty was very serious. He believed there should be an
educational process to strongly discourage this practice and imposing penalties and fees for
violations would send a clear signal. He favored revisiting the issue after a period of time to
assess the situation. Councilmember Phillips stated that in some parents' minds, they were
attempting to do the right thing; however, to be faced with a criminal offence was serious. He
therefore, believed that phasing it in was a better way to apply this change in law.
Mayor Boro stated it would only be classified as criminal if in the judgment of the officer at the
scene and with confirmation from the City Attorney's office that something serious did happen;
therefore, there should be a consequence, which could be a deterrent. He found it hard to
believe a parent could think they were doing the right thing when knowingly, they were breaking
the law, as people under twenty-one should not be drinking. While parents could drink in their
own homes with their children, having someone else's child have access to liquor in their home
and then possibly developing a habit and becoming an alcoholic was serious. Agreeing that a
criminal offense was serious, Mayor Boro stated that it would only be criminal if something
serious was done. It could be reviewed in six months if put in place as recommended, with all
options, knowing there were checks and balances with the City Attorney's office.
Clarifying his position, Councilmember Cohen stated he was asking the Chief of Police how he
would respond to this as an alternative, and he was comfortable with going forward with staff's
recommendation and trusting that it would be applied judiciously. The key was, as discussed
by the representatives of YLI, social norms, noting that over time, society viewed drinking and
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SRCC Minutes (Regular) 09/17/2007 Page 9
driving as unacceptable. Noting most people who did drink exercised good caution, some did
not; however, most of society had moved away from that behavior. While the penalties had
become more and more severe, there still was a group who did not get it.
Recognizing some parents felt they were doing the right thing by providing a safe environment,
Councilmember Cohen stated the facts were pretty clear in that Marin County had a real
problem. This was not limited to the Canal neighborhood, rather was a problem in the affluent
part of the community, and $250 would just be one more item on the party ledger cost. He was
sympathetic to Chief Odetto's request for all the tools to get people's attention, and believed
that should criminal citations repeatedly not be prosecuted by the City Attorney's office, Chief
Odetto would step in.
Councilmember Cohen stated it appeared to him that this could be adopted while still achieving
some of the aims requested by the speakers. He believed that by focusing on dealing with the
social norms and inviting the representatives of YLI to work together to get the word out that
although parents believed they were doing the right thing for their children, they were not, and
they needed to cease providing this so called safe haven and supporting underage drinking.
This would be backed up with fines or alternative justice, whatever was appropriate, and in
those cases where people were aggressively going against what was perceived as a new social
norm, the City had the option to enforce a criminal infraction. He believed this community
education could be done in cooperation with the Police Department, allowing the Department to
back this up when necessary and appropriate with a criminal charge. Noting this was a serious
problem in Marin County, Councilmember Cohen believed the City needed to take a stand.
Councilmember Phillips clarified that he was in favor of this ordinance, which was needed in the
community. His principal concern was its uniform application as he did not see guidelines.
Should there be underage drinking on premises, he inquired as to when it was civil and when it
was criminal, as he believed that if that event takes place, it should be one or the other. He
inquired also as to the conditions under which discretion could be used, i.e., what conditions
made it a criminal event versus civil. Councilmember Phillips stated he would be more
comfortable knowing the guidelines and believed it would be a disservice to the community to
impose a criminal offense without education.
The title of the ordinance was read:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING NEW CHAPTER 8.19 TO THE
SAN RAFAEL MUNICIPAL CODE ENTITLED `SOCIAL HOST ORDINANCE"'
Councilmember Cohen moved and Councilmember Phillips seconded, to dispense with the
reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance
No. 1861 to print by the following vote, to wit, with the following direction to staff:
While leaving Chief of Police Odetto all the discretion to run his department as he saw fit, it was
requested that he provide his officers with some direction on how to apply the ordinance and
what the guidelines should be about when to consider making a criminal charge; and
The Police Department work with the Assistant to the City Manager and the representatives of
the Youth Leadership Institute to mount a public education campaign upon the enactment of the
ordinance to communicate to parents in the community the City's view of this behavior and how
it needed change.
Staff to report back to the City Council in six or eight months.
Councilmember Heller inquired whether a portion of the pending grant would be spent on public
education.
Chief Odetto reported that with the existing grant, both School Resource Officers would be in
both the high schools and alternative schools in the City discussing alcohol education. Part of
that public education would be information concerning the Social Host Ordinance, together with
other programs concerning juvenile patrol and shoulder tap program, which would get to those
people purchasing alcohol for underage youth.
Reporting that San Rafael has a very special relationship with the two school boards - he and
Councilmember Phillips meet with them quarterly - Mayor Boro invited Councilmember Cohen
to attend the next meeting to discuss this and to request the junior high and high schools,
through the School Resource Officers, to communicate to parents on Back to School Night
what this program was all about.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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Mayor Boro expressed thanks to those in attendance from YLI for their presence, input and
public service, and he hoped this ordinance would be positive for all.
16. CONSIDERATION OF CITY MANAGER'S COMPENSATION AND RECEIPT OF
RECOMMENDATION FROM SUBCOMMITTEE CONCERNING SAME (CA) —
FILE 9-3-11
Vice -Mayor Cohen reported that the sub -committee (he and Mayor Boro) considered several
factors:
• The performance of the City Manager;
• City's policies with respect to employee compensation in terms of recognition that the
issues facing the City of San Rafael were the most complicated in the County of Marin;
• The desire to ensure that compensation of employees in San Rafael was competitive
with similarly situated cities in the region; and
• To keep an appropriate amount of gap in compensation between the City Manager and
the highest paid management employees in recognition of the additional burden of
leadership.
In light of those considerations the following recommendations were made:
The City Manager's salary be increased by the sum of $350.00 per month, a 2.4% increase on
an annual basis. In addition, on an annual basis, $2,000 would be added to the existing 457
Deferred Compensation Plan.
Councilmember Cohen moved and Councilmember Phillips seconded, to approve the
recommendation.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
17. None.
COUNCILMEMBER REPORTS:
18. a) Water Transit Authoritv: - File 258 x 9-1
Mayor Boro reported that the Water Transit Authority through an act of the Legislature had been
disbanded, to be replaced with a Water Transit Emergency Authority. He noted the cities of
Vallejo and Alameda had issues with regard to their boats, etc. Golden Gate ferries would remain
independent.
b) Critical Facilities Committee: - File 9-2-57
Mayor Boro and Councilmember Phillips, as a sub -committee, to conduct the initial screening of
applications to form the new Critical Facilities Committee.
c) Marin Builders Association: - File 9-1
Councilmembers Miller and Phillips to present a proclamation at the Marin Builders Association
Dinner on Thursday, September 20th on behalf of Mayor Boro.
d) Marin Commission on Aaina: - File 199
Mayor Boro reported that Sue Beittel indicated she would be interested in completing the term of
her deceased husband, Dr. Dan Beittel, on the Marin Commission on Aging.
e) Leaque of California Cities Annual Conference — September 5 — 8, 2007: - File 9-11-1
Having attended the League of California Cities Annual Conference in Sacramento,
Councilmember Heller reported that:
San Rafael was the recipient of the Helen Putman Award of Excellence Grand Prize for
Pickleweed Park Community Center and Library.
The Granicus webcasting technology system was of special interest and should be investigated in
terms of benefit and affordability.
Keynote speaker, Sir Ken Robinson, Ph.D., gave an address on "Leading a Culture of Innovation"
which was excellent.
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The League Grassroots Network Program was retained
ACA 8 — Eminent Domain Reform — failed to gain the necessary two-thirds vote in the Assembly.
It would probably be before the voters in June or November, 2008. Councilmember Heller
distributed a fact sheet to Council.
Excess ERAF failed — would be introduced again next year.
Evans (AB 1542) — Mobile Home Rent Control issue — failed by one vote - would probably return
next year.
Residential Care Facilities — The League would like to have legislation requiring 300 -feet distance
separation for all new residential care facilities.
Water Use would be the biggest issue in the next generation. The State plans to take huge
amounts of land out of play along Highway 99 in the valley flood plains, forcing any additional
population growth into the cities along the ocean corridor.
f) Marin Telecommunications Aqencv (MTA): - File 4-13-101
Councilmember Heller reported that she attended the MTA meeting on Saturday, September 15,
2007, on behalf of Councilmember Miller. Barbara Thornton, San Anselmo Town
Councilmember, was hired as interim manager.
g) Marin Countv Transit District: - File 143
Having attended the Marin County Transit District meeting today, Councilmember Heller clarified
that the three shuttles replaced regular bus routes because of low ridership. Taxi services for the
Social Transportation and Public Transit Programs were evaluated and four ADA compliant
vehicles were being ordered. Marin County Transit would be working with the Program
throughout the County putting these into operation.
h) Countvwide Transportation Aqencv: - File 170 x 191
Mayor Boro reported that Councilmember Heller would represent him and the City of San Rafael
at the Countywide Transportation Agency meeting in two weeks.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:55 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 2007
MAYOR OF THE CITY OF SAN RAFAEL
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