HomeMy WebLinkAboutCC Minutes 2008-01-22SRCC Minutes (Regular) 01/22/2008 Pagel
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. TUESDAY, JANUARY 22, 2008 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Robert F. Epstein, City Attorney
Esther C. Beirne, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM
None
CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM
None
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None
CONSENT CALENDAR:
Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
Greg Brockbank, Councilmember
Damon Connolly, Councilmember
Barbara Heller, Councilmember
Absent: None
8:01 PM
Councilmember Brockbank moved and Councilmember Connolly seconded, to approve the Consent Calendar, as
follows:
ITEM RECOMMENDED ACTION
1. Approval of Minutes of Regular Meeting of December Minutes approved as submitted.
17, 2007 (CC)
2. Acceptance of Affirmations of Confidentiality of Closed Approved staff recommendation.
Sessions for Greg Brockbank, Councilmember;
Damon Connolly, Councilmember; Robert Epstein,
City Attorney; Cindy Mosser, City Treasurer / Finance
Director; and Leslie Loomis, Human Resources
Director (CC) — File 9-1-2
3. Resolution Approving the Application for Grant Funds
from the Habitat Conservation Fund Program (P06-
013) (CD) — File 4-10-338 x 202 x 9-3-85
4. Resolution Approving a Contract (CIMS -7310) with
the Department of Education to be Used for Child
Development Instructional Materials in the Amount of
$1,048.00 and Authorizing the City Manager to Sign
Contract Documents (CS) — File 4-10-238 x 9-3-65
RESOLUTION NO. 12415
RESOLUTION APPROVING THE
APPLICATION FOR GRANT FUNDS
FROM THE HABITAT CONSERVATION
FUND PROGRAM FOR THE SMITH
RANCH POND RESTORATION PROJECT
(P06-013)
RESOLUTION NO. 12416
RESOLUTION AUTHORIZING THE CITY
MANAGER TO SIGN CONTRACT
DOCUMENTS (CIMS -7310) WITH THE
CALIFORNIA DEPARTMENT OF
EDUCATION FOR INSTRUCTIONAL
MATERIALS FOR FISCAL YEAR 2007-
2008 IN THE AMOUNT OF $1,048.00
SRCC Minutes (Regular) 01/22/2008 Page 1
5. Monthly Investment Report for December, 2007 (FIN)
— File 8-18 x 8-9
6. Resolution Approving and Authorizing the Mayor to
Execute a Below Market Rate Housing Agreement
Between San Rafael Marina, LLC and the City of San
Rafael re: Loch Lomond (RA) — File 229 x 13-16
7. Resolution Approving a Loan to Marin Housing in an
Amount not to Exceed Three Hundred and Fifty
Thousand Dollars ($350,000) for the Purchase of a
Below Market Rate Housing Unit and Making Findings
and Approvals Pursuant to the California
Redevelopment Law in Connection with the Utilization
of Agency Low and Moderate Income Housing Funds
Outside the Central San Rafael Redevelopment
Project Area (APN 179-471-51) (RA) —
File 229 x (SRRA) R-173 x R-103
8. Resolution Authorizing an Agreement with Trans Bay
Cable LLC to Encumber the Lease of a Portion of the
San Rafael Bay Held by the City of San Rafael as
Granted Lands from the State of California for the
Purpose of the Construction, Installation, Operation,
Maintenance, and Use of a Submarine High Voltage
Direct Current Transmission Line by Senior and
Subordinate Deeds of Trust to Bayerische
Landesbank (RA) —File 2-10
SRCC Minutes (Regular) 01/22/2008 Page 2
Accepted Monthly Investment Report for
month of December 2007, as presented.
RESOLUTION NO. 12417
RESOLUTION APPROVING AND
AUTHORIZING THE MAYOR TO
EXECUTE A BELOW MARKET RATE
HOUSING AGREEMENT BETWEEN SAN
RAFAEL MARINA, LLC AND THE CITY
OF SAN RAFAEL RE: LOCH LOMOND
RESOLUTION NO. 12418
RESOLUTION APPROVING A LOAN TO
MARIN HOUSING IN AN AMOUNT NOT
TO EXCEED THREE HUNDRED AND
FIFTY THOUSAND DOLLARS ($350,000)
FOR THE PURCHASE OF A BELOW
MARKET RATE UNIT AND MAKING
FINDINGS AND APPROVALS PURSUANT
TO THE CALIFORNIA REDEVELOPMENT
LAW IN CONNECTION WITH THE
UTILIZATION OF AGENCY LOW AND
MODERATE INCOME HOUSING FUNDS
OUTSIDE THE CENTRAL SAN RAFAEL
REDEVELOPMENT PROJECT AREA
(APN 179-471-51)
RESOLUTION NO. 12419
RESOLUTION APPROVING AND
AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH TRANS
BAY CABLE LLC TO ENCUMBER THE
LEASE OF A PORTION OF THE SAN
RAFAEL BAY HELD BY THE CITY OF
SAN RAFAEL AS GRANTED LANDS
FROM THE STATE OF CALIFORNIA FOR
THE PURPOSE OF THE
CONSTRUCTION, INSTALLATION,
OPERATION, MAINTENANCE AND USE
OF A SUBMARINE HIGH VOLTAGE
DIRECT CURRENT TRANSMISSION LINE
BY A SENIOR DEED OF TRUST AND
SUBORDINATED DEED OF TRUST TO
BAYERICSHELANDESBANK
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
NEW EMPLOYEE INTRODUCTIONS:
9. INTRODUCTION OF NEW EMPLOYEES: - FILE 7-4
Community Services Director Carlene McCart introduced Debbie Younkin, Recreation Supervisor.
Assistant City Manager Jim Schutz introduced Gus Bush, Information Technology Manager.
Public Works Director Andrew Preston introduced Dario Celevante, Senior Associate Engineer and Ian
Moore, Public Works Inspector.
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PUBLIC HEARING:
10. Public Hearinq - CONSIDERATION OF A RESOLUTION ESTABLISHING MAXIMUM RATES
COLLECTED BY MARIN SANITARY SERVICE FOR REFUSE AND RECYCLABLE MATERIAL
COLLECTION AND DISPOSAL SERVICES, TO BE EFFECTIVE RETROACTIVELY TO JANUARY 1,
2008 (CM) — FILE 4-3-32 VII x 13-2
Mayor Boro declared the public hearing opened.
Economic Development Coordinator Stephanie Lovette explained this item was to establish the maximum
rates collected by Marin Sanitary Service (MSS) for refuse and recyclable material collection within the
City of San Rafael. The proposed 2008 rate represents a 3.46% across the board increase for residential
and commercial accounts. Ms. Lovette stated that the average rate increase for the past ten years was
3.87% with the CPI during that same period at 3.04%. The rates schedule in the staff report sets forth the
different rates for commercial and residential accounts and is also the rate schedule referred to in the
resolution as Exhibit "C".
As is usually done, HF&H was hired to look over Marin Sanitary Service's rate proposal, and having done
so, they actually reduced some of the categories from the original rate proposal. A representative from
the firm was in attendance this evening and could answer questions.
Ms. Lovette explained that the 2008 rates included several new programs:
Yard Waste Recycling Program where the green waste collected curbside would be composted at
Redwood Landfill. This would add approximately 0.92% (approximately 20 cents) per month to the rate
for residential and approximately $2.50 for commercial accounts. A 20 -gallon can had also been added —
a reduction of the 32 -gallon can — at a rate of $19.31, and customers would be given the option of having
a second yard waste can at an additional cost of $1.20 monthly.
Lastly, a Food Waste recycling program had commenced and Ms. Lovette explained this was an
experimental research and development program which was not reflected in the rates for 2008; however,
should the program prove successful, this would be requested in the 2009 rates.
Patricia Garbarino, President, Marin Sanitary Service, introduced the following members of Marin
Sanitary Service team:
Ms. Garbarino's Assistant, Joe Garbarino — 52 year employee;
Ray Holmes, Controller;
Joe Cerruto — Dispatch and Debris Box — 27 year employee;
Alan Garbarino — Debris Box Driver;
Rich Garbarino — 25 year employee;
A.J. Petuya — Waste Hauler — 5 year employee;
Lance Swanson — Waste Hauler — 5 year employee of MSS and 18 years San Anselmo; and
Steve Rosa — Director of Operations — 27 year employee;
Patricia Garbarino — 20 year employee.
Ms. Garbarino stated she was proud to share with her employees the City survey conducted earlier this
year indicating that residents believed garbage and recycling collection was "well done" and two of the
top five services were provided in the City. She indicated staff was in the process of negotiating the
Teamster contract with the union.
Noting Evan Edgar, Composting Engineer, was present, Ms. Garbarino reported that he was assisting
with food waste composting and land use permitting. Also present were Linda Eggerth and Luis Diaz, Cal
Recovery, who were professionals in the solid waste industry and MSS had relied on their help to
establish their research food waste composting program.
Expressing thanks for the report and complete agreement with it, Ms. Garbarino stated that one of the
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items contained therein worth mentioning was that MSS remained 1 % below the average rates charged
in similar Bay Area communities for waste hauling.
Updating what was new at MSS, Ms. Garbarino began by introducing and handing out a pamphlet
entitled "Waste Not." She pointed out that this was a work in progress and they were looking to the
environmental community for helpful suggestions on how to waste not. They believed in zero waste and
noted it required two simultaneous efforts:
Performing a waste characterization study to determine what remained in the waste stream after
recycling that could still be prevented from going to the landfill. As could be seen from the
pamphlet, 12% reflected paper, plastic, metal and glass — mostly paper — from multi -family
dwellings and commercial accounts. Capturing this paper would require a great deal of
education as these two groups could have high turnover. Ms. Garbarino noted that when Cal
Recovery performed the waste characterization study, they found more coffee grounds in MSS
waste than in any other community on the planet; and
• Driving down the production of waste through advocacy efforts at the state level (5% of the
world's population producing 30% of its trash).
Ms. Garbarino stated they strongly supported consumers taking responsibility for the waste they produce
and extended producer responsibility (EPR). She indicated they strongly supported the proposed AB 904
and at the suggestion of the members of the JPA (Joint Powers Authority) Board, they had alerted
MCCMC's Legislative committee about the bill. She noted these were efforts that required joint attention
and action.
Ms. Garbarino displayed the new 20 -gallon cart, which would reward residential customers for their
recycling efforts, and she noted that the phenomenally well received dual -sort cart had been fully
implemented in all areas. Pursuant to implementation it was found that contamination rates through
ongoing education efforts was 2%, and Ms. Garbarino noted that the old pre-sort system of three sort had
a 3% contamination rate while single stream had a statewide average of 15% - 29% contamination. She
noted that Marin had a 95% participation rate and a high recycling rate of 75%.
Noting MSS was the first independent garbage company to join the California Climate Action Registry,
Ms. Garbarino explained this meant they conducted an audit of all energy produced with MSS producing
4,100 metric tons of carbon. As could be seen from the pamphlet, MSS was a Carbon Sink to the tune of
72,000 metric tons.
With respect to the future of composting and the increased cost in landfill tip fees included in this rate,
Ms. Garbarino displayed a green waste cart. Regarding their Food Waste Composting Research Project,
she displayed a 20 -gallon cart containing food waste compost and explained the process. She noted the
challenge was that their current permit limited them to 50 cubic yards; however, they hoped to get the
permit extended so they could move into their research phase. Ms. Garbarino also distributed small bags
of composted food waste.
Using a chart, Ms. Garbarino explained that they had mapped out all existing composting facilities in the
Bay Area. Pointing out that they would prefer to utilize facilities close by, she explained that one of the
challenges to getting to a permitted site was actually obtaining the permit. Cost and availability was the
other issue and Ms. Garbarino distributed a Cost Analysis sheet conducted on available composting
sites. She stated it was important to note that while they currently were being charged $18 per ton to
compost this material at the landfill, the industry standard for green waste was $30 per ton and $40 per
ton for food waste, plus the longer hauling distance. She directed Council's attention to the costs outlined
in the Cost Analysis sheet, many of which were double the current Redwood Sanitary Landfill charges.
She also directed Council's attention to the columns under Facility Capacity Availability and noted there
were not many available sites for this material. Noting reuse and finding markets for this compost were
also difficult, Ms. Garbarino suggested trying to enhance the market by asking residents and public
bodies to consider using this compost before purchasing store bought compost. She also noted that
MSS was the only garbage company in Marin to compost their collected green waste and they were
proud of the fact that they recycled almost double in comparison to others. Ms. Garbarino also pointed
out that their diversion rate was among the highest in the state and nation.
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Ms. Garbarino indicated they were preparing for the future by working with the Waste Board as they had
adopted a policy to divert 50% of all organic material by 2020. She indicated they supported Jared
Huffman's efforts to phase out green waste as landfill cover and support increased permitting of
composting sites.
As to what happens to the compost, Councilmember Heller inquired whether it would be sold to the
public.
Ms. Garbarino stated it was her understanding that Redwood Landfill were currently and would be selling
the compost in bulk and additionally, would sell it in smaller amounts. She indicated that MSS would be
willing to discuss terms with Redwood Landfill in an attempt to get a break in bringing it back to their
customers. She noted however, the current deal was very good.
Ms. Garbarino reported that their trade association worked very hard on the Wiggins Bill last year in an
attempt to get Caltrans to absorb this material and ton for ton, it was shown, with a great deal of science
behind it, that if Caltrans were to take the composted material from curbside collected green waste, there
would be no problem with markets; however, dealing with Caltrans was not easy and the bill failed.
Should the green waste not be used as cover at the landfill, Councilmember Heller inquired as to what
would be used.
Indicating that it would be prudent to ask Redwood Landfill, Ms. Garbarino commented that over the
years, some of the hill had been taken away. She noted the Waste Board allowed this use of green
waste as alternative daily cover years ago recognizing there was no market for this curbside collected
green waste and could be seen from the zeros in the "Available" column, this was problematic.
Councilmember Brockbank inquired whether it was fair to assume that the low $18 per ton fee was
because of factoring in the selling of the compost to keep costs low.
Ms. Garbarino stated that having called the Landfill, they confirmed this was last year's figure.
Regarding the reverse flow of compost, Councilmember Brockbank stated he believed there was a great
need for a better education of the community that was now buying fertilizers. If they were aware they
could use compost, it would be much better for the environment and perhaps less expensive if the
process could be facilitated by green waste eventually coming back as compost. Noting there was a
general interest in reducing waste, Councilmember Brockbank inquired whether it would be possible in
the near future to develop pilot projects for better education to reduce waste overall. Just as polls had
shown that Marin County residents would pay a higher fee to use renewable energy, he believed they
would pay a higher garbage rate should there be some program to help them learn how to reduce waste.
Ms. Garbarino confirmed that MSS was very interested in waste reduction. She reported that when AB
939 — the law that mandated recycling — went into effect in 1989 and implemented in 1990, 6.2 -lbs. of
garbage per person was being produced per day. A year ago in September the Waste Board announced
at a press conference at Marin Sanitary Service offices that they were at 50%; however, while they were
declaring victory, slowly it was learned that Californians were actually at 12.2 -lbs of garbage per person
per day. Currently at 13.2 -lbs, it was anticipated that by 2020, this rate would rise to 20 -lbs of garbage
per day, noting it was worse in Marin County.
Encouraging input and ideas from Sustainable San Rafael, the Environmental Forum, Marin Conservation
League, etc., Ms. Garbarino stated they would only produce 100 pamphlets at a time, to avoid waste.
To formalize this, Councilmember Connolly suggested benchmarking it to results MSS would like to
achieve. While understanding MSS could not control the community's conduct in how much they were
recycling. as experts in the area, he suggested that in conducting pilot programs it could make sense to
set some concrete goals, which could be worked through with some type of civic contest, etc.
Ms. Garbarino stated MSS would be happy to work on and provide input on realistic goals that anyone
came up with.
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Regarding reuse of compost, Mayor Boro suggested MSS provide a report next year as to how much was
used as cover, how much was sold, etc. He noted that effectively, a rate increase was being
implemented to achieve an improvement in the environment, which he supported, and it would be
worthwhile to track what happened to the compost.
Ms. Garbarino stated she could provide three and six month updates.
David Haskel, Sustainable San Rafael, stated it was his great pleasure to extend an invitation to the City
Council to attend a community dialogue by Sustainable San Rafael on Thursday, January 24, 2008 at
7:00 p.m. in the Council Chambers on the issue of how to get to zero waste. He noted the growth of
waste and recycling had risen from 400,000 tons in 1996 to now well over a million tons and reducing it
was a profound issue.
Kiki La Porta, on behalf of Sustainable San Rafael, expressed thanks to City Manager Nordhoff and the
City Council for the use of the Council Chambers on Thursday and indicated she was excited to be
working with the City Council on the upcoming global warming initiatives in San Rafael. With regard to
zero waste, she stated that in 2002, the California Integrated Waste Management Board set zero waste
by 2025 as a goal for the state. The County Waste JPA passed a zero waste resolution in November
2006, and Mr. Nordhoff, as part of the JPA, signed it. Novato, Fairfax and the County of Marin all had
passed zero waste resolutions and she requested that the City of San Rafael pass a zero waste
resolution also. She suggested that such resolution should be a guiding force in dealing with waste and
franchise agreements for haulers.
Sue Spofford, Sustainable San Rafael, stated it appeared the City was buying into the often heard theme
that "Marin was a leader in recycling and waste diversion." She indicated that having a high percentage
diversion from landfill was misleading as it ignored the fact that the total tonnage of waste to landfill was
increasing and this needed to be reduced. Ms. Spofford inquired where this stipulation to require a
reduction in total tonnage was contained in the agreement with the waste hauler. She stated the City
should be doing all it could to minimize hauling away and dumping garbage in landfill. She noted that
recycling appeared to inspire people to purchase more and throw more away.
Ms. Spofford stated that the yard waste program which proposed an additional $1.20 fee for the second
green can was an example of encouraging more waste instead of providing incentives and encouraging
the more natural, earth -friendly process of leaving the grass, etc. on the land to decompose. She noted
that the practice of long distance hauling of organic waste away from gardens and yards necessitating the
replacement of organics, often in the form of petroleum based fertilizer, had a huge environmental impact
in fossil fuel use, water inefficiencies, reduced soil health, together with a huge increase in methane
production from the practice of burying the yard waste. Ms. Spofford stated it would be much better to
establish a system of small composting sites in San Rafael in places where limited attention and the
workings of nature would take care of the green waste problem free of cost to the citizens and with full
benefit to air and soil.
With regard to the provision of a 20 -gallon can at lower rates, Ms. Spofford believed this to be a step in
the right direction and an incentive rewarding the reduction of waste. She noted the food waste program
was also progressive; however, questioned why the City was not being proactive in seeking out this type
of program from wherever possible, without waiting for the completing of a pilot project of ten restaurants.
She noted bio -digesters represented a wonderful innovative waste energy technology with environmental
and economic advantages, including the potential as a renewable energy source. Ms. Spofford
suggested the City evaluate already up and running programs at other cities and U.C. Davis, etc.
Steve Patterson, Gerstle Park resident, applauded Marin Sanitary Service for their dual purpose cans.
He distributed to the City Council a picture of a property he purchased three months ago — a ten unit
building in Gerstle Park. Indicating the building was unique in that all ten units were studio and occupied
by single individuals, he stated it did not generate much garbage and in his three months of ownership,
only one 96 -gallon can was put out at curbside. Noting San Rafael had an ordinance requiring a property
owner to have the equivalent of 32 gallons of receptacle capacity for each unit, Mr. Patterson stated this
meant he was required to have on site 320 gallons of cans he would have to pay for whether put at
curbside or not. Mr. Patterson stated Mr. Nordhoff had discussed the possibility of amending the code;
however, changing the Municipal Code would be onerous, absent similar situations.
SRCC Minutes (Regular) 01/22/2008 Page 6
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Since his was such a unique situation, Mr. Patterson suggested Marin Sanitary Service consider just
charging him for the actual amount of garbage generated rather than being bound by this onerous
ordinance, and he invited the City Council to give the issue their consideration.
Bruce Baum, Green Coalition for Responsible Waste and Resource Management and the Strategic
Committee for Citizens Advisory for Zero Waste, stated he had the highest respect for Mr. Joe Garbarino
for all the work he had done in the past.
Mr. Baum stated that his group looked at the barriers to zero waste in Marin County and found that some
of the franchise agreements had some real problems; in San Rafael's case the franchise agreement
dated back to the last century. Noting an Evergreen clause was inserted in the late 1990s, he stated that
such a contract had no benefits to ratepayers, as it locked residents into a rate structure and locked out
competition. Mr. Baum stated the contract needed to be moved from cost plus 9.5% to CPI, which was
similar to the San Anselmo agreement and Marin Sanitary Service for the northern district of the Ross
Valley Sanitary District.
Mr. Baum stated the franchise agreement was clear under section 2b. that it should be reviewed every
five years to reflect changes in laws, plus the pulse of the planet. He noted the agreement awarded
exclusivity in debris boxes and there was no allowance for CRV cash backs, etc.; however, it allowed
assignments under Section 8.
Referring to page 4 of the HF&H report — Limitations — Mr. Baum quoted "There are related party
transactions included in MSS' projections at rates that have been discussed and approved by the
Franchisors in previous reviews" and he inquired how many had looked at the 2004, 2005 and 2006
Franchisors Group report. He stated the 2004 numbers were based on projections from a vendor that
closely held three entities and did not reflect the sharing of assets, buildings, trucks and labor. He
believed it imperative that San Rafael move to CPI similar to other districts mentioned and eliminate the
cost plus 9.5%.
Referring to Attachment 3 of the agreement — Adjusted Rate Calculation - Mr. Baum noted there were no
recycling revenues included. He noted it did not indicate that San Rafael only had a green waste
collection bi-monthly, when other franchisors had this weekly. He also noted that San Rafael received
approximately $1.5 million in franchise fees which went to the General Fund, and he requested that some
of this money should be allocated to a study of how to move to zero waste in San Rafael. Mr. Baum
indicated it was time to update the franchise agreement.
Mr. Baum noted that the letters from Redwood Landfill and Marin Sanitary Service attached to the staff
report were not part of the agreement, therefore, were meaningless. He noted that last year, Redwood
Landfill took 46,000 tons of green waste and composted 6,000 tons, most of which went for bank
stabilization. Noting Redwood Landfill was regulated by the Solid Waste Facility permit from the
California Integrated Waste Management Board, they were limited to 420 vehicles daily. He stated they
were allowing 5 commercial compost operators to purchase the compost, with no citizens allowed.
Disputing the fact that no one took green waste, created compost and returned it to the citizens in Marin
County, Mr. Baum stated this was untrue as it was happening at Bolinas Composting. He noted Sonoma
Compost indicated they sell approximately 20% of their compost in Marin County and could sell a lot
more if they had more to sell.
Ruth Beckner, Master Gardener and Composter, stated she was the patent holder of a home composting
tool — www.homecomr)ost.com and she believed home composting everywhere except Marin County
was the norm. She inquired whether there were any plans for home composting in Marin County.
Ms. Garbarino stated she looked forward to working with Mr. Nordhoff and Mr. Patterson on the issue
mentioned.
With reference to the presentation made earlier by Bob Brown, Community Development Director, with
regard to the Global Warming Plan for San Rafael, Kiki LaPorta stated that one of the key elements that
would allow them to approach their greenhouse gas reductions was zero waste, and she encouraged
everyone to consider agreements made in every regard on behalf of the City and citizens in a way that
would provide the flexibility going forward to move operations and the community towards greenhouse
SRCC Minutes (Regular) 01/22/2008 Page 7
SRCC Minutes (Regular) 01/22/2008 Page 8
gas reduction in every possible venue. Zero waste was a very important tool for doing this and she
looked forward to hearing comments on this.
There being no further comment from the audience, Mayor Boro closed the public hearing.
With regard to the comments and issues raised, Mayor Boro suggested that staff return within 60 days
with answers to these questions.
With regard to process and being new to the City Council, Councilmember Brockbank requested
clarification as why this item would not go before the City Council in a two-step process, i.e., a second
time in the future.
Mr. Nordhoff explained that ordinances required pubic hearing noticing and a two-step process before the
City Council. Situations such as this where a contractual obligation was being fulfilled under the City's
franchise agreement to set rates by resolution typically came before the City Council once. Past
experience had been that Council heard testimony, deliberated and took action because it was just
determining to what extent the existing garbage and recycling rates would be increased. While a lot of
issues were raised this evening, Mr. Nordhoff stated that none were specific to the action required.
In the event someone came forward with a real concern, Councilmember Brockbank commented that
there did not appear to be an opportunity for staff to do some research and respond at a future time. He
inquired whether there was sufficient opportunity for people to have made comments in advance of this
evening's hearing and vote.
Mr. Nordhoff stated that because of noticing requirements, the HF&H report and staff work had been
prepared some weeks in advance and was available for review or questions. Ms. Lovette noted the
public hearing was advertised twice in the Marin Independent Journal.
Mayor Boro stated that issues were raised this evening surrounding garbage hauling, not necessarily
concerning rates, which was the reason he had requested staff to address these and return to Council
with ideas. He noted that a specific issue with one customer would be addressed by Marin Sanitary
Service.
Noting Bruce Baum raised all types of interesting issues, Councilmember Brockbank stated it appeared
as though 99% of these were irrelevant to this evening's action decision because he had indicated he had
no problem with the rate increase. While he would vote affirmatively this evening, he stated he was
interested in what Mr. Baum had to say and believed Mr. Nordhoff and Marin Sanitary Service had noted
the comments. Councilmember Brockbank suggested that issues such as funding a zero waste program
could perhaps be more appropriate questions for the budget process.
Councilmember Connolly believed it would be helpful to get a sense of the auditing methodology.
Mr. Nordhoff explained there was a section in the current franchise agreement that goes through the rate
setting methodology which he would be glad to share with the entire City Council.
Councilmember Connolly stated that clearly the goal of reducing waste in the community needed to be
worked on. Indicating he would like to see some tangible goals, while zero waste was a good one, he
questioned how to get there. Although perhaps this was not the ideal venue to discuss this,
Councilmember Connolly believed there should be an opportunity to do that going forward.
Mayor Boro suggested that these points could be discussed in much more detail when Mr. Nordhoff
returned with the report and had worked with Marin Sanitary Service.
Councilmember Brockbank moved and Councilmember Heller seconded, to adopt the Resolution
RESOLUTION NO. 12420 — RESOLUTION ESTABLISHING MAXIMUM RATES COLLECTED BY
MARIN SANITARY SERVICE FOR REFUSE AND RECYCLABLE
MATERIAL COLLECTION AND DISPOSAL SERVICES, TO BE
EFFECTIVE RETROACTIVELY TO JANUARY 1, 2008
SRCC Minutes (Regular) 01/22/2008 Page 8
SRCC Minutes (Regular) 01/22/2008 Page 9
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCIL CONSIDERATION:
NEW BUSINESS:
11. CONSIDERATION OF AUTHORIZING MAYOR BORO TO WRITE A LETTER ON BEHALF OF THE
CITY COUNCIL TO OPPOSE USE OF TOLL FINANCING FOR THE RECONSTRUCTION OF DOYLE
DRIVE (CM) — FILE 112-2 x 11-16
Mayor Boro reported he requested that the issue of a toll on Doyle Drive be agendized so that the City
Council could be updated.
Having thought about this issue coming forward in this manner, Mayor Boro stated it was very unusual for
this to happen; however, there could be a movement to go ahead with this at the State Legislature and he
believed it important that the City's voices be heard by representatives in Sacramento and Washington,
DC. Having spoken with Assemblymember Huffman, Mayor Boro stated he was very supportive of his
(Mayor Boro's) points, and apparently, as reported in the press, Senator Migden had echoed this
support. Mayor Boro believed there would be activity in the Legislature over the next several weeks and
expressed the hope that he would be directed to write a letter on behalf of the City to its elected
representatives to oppose a toll on Doyle Drive.
Distributing a list of key points to the City Council for review, Mayor Boro stated he would present this list
to the Mayors and Councilmembers of the other cities and towns in Marin at the MCCMC meeting in
Tiburon on Wednesday, January 23, 2008. He noted that Councilmember Heller graciously allowed him
to speak to the MCCMC legislative committee on this subject recently, and after studying it as a group,
they would make a recommendation. Mayor Boro noted the Transportation Authority of Marin had
agendized this item for Thursday and the Board of Supervisors would consider the issue at their last
meeting in January.
Mayor Boro noted there were two parts to the issue:
Urban Partnership Program - completely independent of Doyle Drive budget deficit. Five cities
throughout the nation received one of these grants, including New York and San Francisco. The idea
was to find a way to mitigate traffic in the urban corridor by implementing a Congestion Pricing Fee. To
obtain the grant, the Federal Government requires the fee to be approved by March 31, 2008. The
Golden Gate Bridge District had requested the Metropolitan Transportation Commission to seek an
extension of three months from the Federal government in order to investigate the possibility of
implementing such a fee.
Dovle Drive Proiect — Noting the Doyle Drive project needed to be done, Mayor Boro explained it was an
old facility and had a very low rating in the event of a major earthquake, and this had been known for
many years.
Noting the solution was a new Doyle Drive, Mayor Boro stated the City and County of San Francisco had
taken the lead even though it is a state highway.
Mayor Boro reported that the City of San Francisco had accumulated through the state and through their
own efforts $600 million for the project, leaving a shortfall of $500 million. Their proposal was to levy a
user toll on Doyle Drive, which would be unprecedented in the State of California, as nowhere in the state
was there a toll on a road similar to Doyle Drive, a state highway. Mayor Boro commented that he had a
list of seven similar projects that either were about to start or were underway in the state, two of which
were in Oakland; however, the citizens of Oakland would not pay a toll.
Noting a lot of issues needed to be worked out, Mayor Boro stated there obviously was a shortfall and a
need to reconstruct Doyle Drive; however, he believed it was necessary to urge state legislators,
Congresswoman Woolsey and the two United States Senators to work with the state and find a way
between the two agencies, Federal and State, to raise the shortfall and pay for the project. At the same
time working with the MTC over the next several months, Mayor Boro hoped a way could be found to
SRCC Minutes (Regular) 01/22/2008 Page 9
SRCC Minutes (Regular) 01/22/2008 Page 10
raise funds towards the Congestion Pricing Fee to demonstrate their efforts to avoid congestion of the
downtown and not to lose the federal grant
Councilmember Connolly inquired whether the proposal was to oppose a toll on Doyle Drive.
Mayor Boro confirmed his proposal was that it be made very clear that the City supported: 1) the work
being done; and 2) to work with the Golden Gate Bridge District as they believed there were ways to
generate Congestion Pricing Fees through bridge tolls. Mayor Boro reported that the Golden Gate Bridge
District would hold a meeting on Friday, January 25th, 2008, to evaluate establishing a new toll increase
on the bridge itself — from $4 and $5 to $5 and $6 respectively, and perhaps through that effort a
contribution could be made towards Congestion Pricing.
The answer therefore, was twofold — acknowledging the need for Congestion Pricing and looking for
another way to fund a state highway, which should not be by a toll road. Mayor Boro noted there were
toll roads in the state; however, they were built privately and vehicles had an option on whether to use
them or not, whereas, there was no option in this instance.
Concurring, Councilmember Connolly believed Doyle Drive did need to be repaired; however, he
completely opposed the Doyle Drive toll because of the disproportionate, unfair effect on Marin and
Sonoma. Mayor Boro also believed it would be unfair on San Francisco residents.
Noting San Francisco's motivation was to delay, Councilmember Brockbank inquired as to the reason for
this. Mayor Boro explained that San Francisco's motivation was to delay any opposition to the toll.
Mayor Boro reported that at the meeting over the Holiday in Napa between the MTC, Marin
representatives and Bridge District representatives, it was revealed that the shortfall was $500 million and
the money was needed to pay the bonds. This was when he (Mayor Boro) introduced a resolution that
the Golden Gate Bridge District oppose it, which was carried over at the meeting of January 11, 2008.
Mayor Boro believed an effort would be made to get TAM (Transportation Authority of Marin) and the
Board of Supervisors to delay voting.
Noting Mayor Boro in his role as a Bridge Board member, albeit without jurisdiction to approve or block
the project, Councilmember Brockbank stated it appeared to him that the Golden Gate Bridge District
takes more flack than deserved and the last thing needed was to be further blamed for supporting, rather
than opposing something that would create more grief for the Bridge Board in the form of a double tax a
mile or two apart. He believed every City in Marin should oppose this because the major impact of the
toll would be borne by North Bay residents.
Councilmember Heller inquired whether the San Francisco Board of Supervisors was driving this. Mayor
Boro explained that the Board of Supervisors was the San Francisco County Transportation Authority.
Mayor Boro stated he would go over this at the MCCMC Mayors' Select Committee Meeting on
Wednesday, January 23, 2008, and report out at the full meeting, and hopefully, the other cities would
act.
Councilmember Connolly moved and Councilmember Miller seconded, to authorize preparation of a letter
to State and Federal representatives urging them to work with their colleagues, the SFCTA (San
Francisco County Transportation Authority) and Caltrans to seek construction funds from the State and
Federal Governments for the reconstruction of Doyle Drive.
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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12. None
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SRCC Minutes (Regular) 01/22/2008 Page 11
COUNCILMEMBER REPORTS:
13. a) City Council Appointments to Committees (CC) — File 275 x 9-1
City Council appointments to committees approved, with the additional appointment of
Councilmember Greg Brockbank to the Joint Powers Authority Oversight Committee (MCCMC).
b) New Councilmember Training- Academv of Mavors and Councilmembers: - File 9-1
Councilmember Brockbank reported that he and Councilmember Connolly attended the very
informative New Councilmember training in Sacramento last week, which included mandatory ethics
training.
Councilmember Connolly reported that the training was substantively very worthwhile and a great
networking opportunity with other new councilmembers from around the state.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:38 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2008
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 01/22/2008 Page 11