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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 SRCC Minutes (Regular) 09/17/2007 Page 3 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." SRCC Minutes (Regular) 09/17/2007 Page 4 SRCC Minutes (Regular) 09/17/2007 Page 5 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. SRCC Minutes (Regular) 09/17/2007 Page 5 SRCC Minutes (Regular) 09/17/2007 Page 6 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. SRCC Minutes (Regular) 09/17/2007 Page 6 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 SRCC Minutes (Regular) 09/17/2007 Page 8 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 SRCC Minutes (Regular) 09/17/2007 Page 9 SRCC Minutes (Regular) 09/17/2007 Page 10 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. SRCC Minutes (Regular) 09/17/2007 Page 10 SRCC Minutes (Regular) 09/17/2007 Page 11 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 SRCC Minutes (Regular) 09/17/2007 Page 11