HomeMy WebLinkAboutCC Minutes 2009-12-07SRCC Minutes (Regular) 12/07/2009 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, DECEMBER 7, 2009 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 CHAMBERS — 7:00 PM
Mayor Boro announced Closed Session item.
Present: Albert J. Boro, Mayor
Barbara Heller, Vice -Mayor
Greg Brockbank, Councilmember
Damon Connolly, Councilmember
Marc Levine, Councilmember
Absent: None
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM and continued at the conclusion of the Citv Council
meeting
Conference with Labor Negotiators— Government Code Section 54957.6(a)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Rob Epstein, Ken Nordhoff
Employee Organization(s):
San Rafael Fire Chief Officers' Assn. Western Council of Engineers
San Rafael Firefighters' Assn. Local 1 - Confidential
San Rafael Police Mid -Management Assn. SEIU Miscellaneous & Supervisory
San Rafael Police Association SEIU Child Care Unit
Unrepresented Management
Unrepresented Mid -Management
Elected City Clerk and Elected Part -Time City Attorney
City Attorney Robert Epstein announced at 9:25 p.m. that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
None
8:09 PM
Councilmember Brockbank moved and Councilmember Connolly seconded, to approve the Consent Calendar as follows:
CONSENT CALENDAR:
ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE
APPROVED BY ONE MOTION, UNLESS SEPARATE ACTION IS
REQUIRED ON A PARTICULAR ITEM:
Approval of Minutes of Special and Regular City Council
Meetings of November 16, 2009 (CC)
RECOMMENDED ACTION:
APPROVAL OF THE FOLLOWING ACTION:
Approved as submitted.
Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be
available for inspection in the City Clerk's Office, Room 209, 1400 Fifth Avenue, and placed with other agenda -related materials on the
table in front of the Council Chamber prior to the meeting.
American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485-
3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation is available through Golden Gate Transit, Line 22 or 23. Paratransit is available by calling Whistlestop Wheels at
(415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested
to refrain from wearing scented products.
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4. Resolution Authorizing the Mayor to Sign a Contract
Amendment Between the Marin County Community
Development Agency and the City of San Rafael for a Block
Grant in the Amount of $32,761 for the 2009-2010 Fiscal Year
for Child Care Staff Salaries at Pickleweed Children's Center
(CS) — File 4-10-238 x 9-3-65 x 4-13-110
Resolution Approving Use of State of California Department
of Boating and Waterway Funds of $25,000 for Equipment
Purchase by September 30, 2010 and Authorizing the Mayor
to Execute Contract (PD) — File 9-3-30
Resolution Authorizing Execution of the Property Purchase
Agreement with the Gilardi 2006 Trust for the Purchase of a
Portion of Property Located on 3301 Kerner Boulevard for
Right -of -Way Improvements Associated with the Highway
580/101 Connector Project Funded by the Transportation
Authority of Marin (TAM) and Accept Grant Deed (PW) —
File 2-2-1 x 2-7-1 x 170
Resolutions:
1) Approving the Vacation of Portion of an Existing 5' Wide
Pedestrian Easement (DN 88-04713) on Lot 24, Map of
Oakwood Subdivision, Unit 3, Pursuant to Summary
Vacation and Abandonment Procedures; and
2) Accepting Grant Deed of Easement for Roadway,
Pedestrian and Public Utilities Purposes from Donald R.
Ham and Sharon L. Ham on Lot 24, Map of Oakwood
Subdivision, Unit 3 — (APN: 012-121-28) (PW) —
RESOLUTION NO. 12892
RESOLUTION AUTHORIZING THE MAYOR
TO SIGN A CONTRACT AMENDMENT WITH
THE COUNTY OF MARIN COMMUNITY
DEVELOPMENT AGENCY FOR CHILD CARE
SERVICES FOR FISCAL YEAR 2009-2010 IN
THE AMOUNT OF $32,761
RESOLUTION NO. 12893
RESOLUTION APPROVING USE OF STATE
OF CALIFORNIA DEPARTMENT OF
BOATING AND WATERWAY GRANT FUNDS
IN THE AMOUNT OF $25,000 FOR A POLICE
DEPARTMENT PATROL BOAT EQUIPMENT
PURCHASE BY SEPTEMBER 30, 2010, AND
AUTHORIZING THE MAYOR TO EXECUTE
GRANT CONTRACT
RESOLUTION NO. 12894
RESOLUTION AUTHORIZING EXECUTION
OF THE PROPERTY PURCHASE
AGREEMENT WITH THE GILARDI 2006
TRUST FOR THE PURCHASE OF A PORTION
OF PROPERTY LOCATED ON 3301 KERNER
BOULEVARD FOR RIGHT OF WAY
IMPROVEMENTS ASSOCIATED WITH THE
HIGHWAY 580/101 CONNECTOR PROJECT
FUNDED BY THE TRANSPORTATION
AUTHORITY OF MARIN (TAM) AND ACCEPT
GRANT DEED
Item continued to City Council meeting of
December 21, 2009, at request of staff.
Resolution Authorizing the Community Services Director to RESOLUTION NO. 12895
Execute a License Agreement for Use of City Property by RESOLUTION AUTHORIZING EXECUTION
Ritter Center for Temporary Art Installations (Art Houses of OF A LICENSE AGREEMENT FOR USE OF
Marin) (RA) — File 4-10-362 x 9-3-65 CITY PROPERTY BY RITTER CENTER FOR
TEMPORARY ART INSTALLATIONS (ART
HOUSES OF MARIN)
Resolution Pertaining to the Compensation and Working RESOLUTION NO. 12896
Conditions for Employees Represented by SEIU LOCAL RESOLUTION PERTAINING TO THE
1021, Child Care Unit (MS) — File 7-8-4 COMPENSATION AND WORKING
CONDITIONS FOR EMPLOYEES
REPRESENTED BY SEIU LOCAL 1021,
CHILD CARE UNIT
AYES:
COUNCILMEMBERS:
Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
ABSTAIN:
COUNCILMEMBERS:
Heller from item #2 due to absence from meeting
ABSTAIN:
COUNCILMEMBERS:
Levine from item #2, not seated on 11/16/09
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The following item was removed from the Consent Calendar for discussion, at the request of Mr. Matt Butler:
RESOLUTION AMENDING AGREEMENT WITH CONSULTANT ROYSTON HANAMOTO ALLEY & ABEY FOR
ADDITIONAL SERVICES TO PREPARE AND PRODUCE FINAL DOCUMENTS OF THE CANALFRONT
CONCEPTUAL DESIGN PLAN AND CANALFRONT DESIGN GUIDELINES (CD) — File 4-3-494 x 272
Matt Butler, San Rafael Yacht Harbor, stated that no further money should be given to the design consultants as he
believed they had not performed as professionally as a design consultant should. He indicated that the biggest flaw
to date had been in the Caltrans grant the City had obtained, which stated quite clearly that: "State and federal
agencies would be contacted in devising this plan." He believed the design consultants should have been aware of
that; they had not done that; therefore, every photograph of every bridge presented did not meet or come close to
Coast Guard regulations.
Regarding the floating walkway, Mr. Butler stated it could never be built because it was in violation of many state
and federal agencies' regulations. He indicated his thoughts were that the consultants present their final plan;
however, he was against providing more money for this, noting they already had received $118,000. He
commented that a couple of high school sophomores could have provided the same material for a lot less money
and he urged the City Council not to expend any more money.
Mr. Butler noted that one of the conditions in the Caltrans grant stated: "State and federal agencies will be
contacted and their guidelines will be followed," and he inquired as to why this had not occurred and why the City
would further compensate someone who failed to do so.
City Manager, Ken Nordhoff, stated that the City Council accepted the Canalfront Conceptual Plan last month and
thanked the Canalfront Advisory Committee for their work, which included the conceptual designs. Linda Jackson,
Principal Planner and Bob Brown, Community Development Director, had put the final report together. He noted
this would typically be the type of work that would be finished up in most of these committee -like processes, as had
been done with the North San Rafael Vision and the Downtown Vision. Mr. Nordhoff stated that staff would like to
have the information available in a web -based, postable format, along with approximately 100 finished documents
which could be used for appropriate distribution. He believed it was an appropriate use of funds and was
consistent with the grants received, and he recommended that the City Council take action to approve the
resolution.
Stating he was unaware that Mr. Butler or anyone else was unhappy with the design consultants, Councilmember
Brockbank remarked that he was not surprised, given the tenor of the discussion three weeks ago. He indicated he
would imagine that the usual decision on whether or not to employ further services of such a consultant would be
based on how happy the committee that worked with them was - Canalfront Advisory Committee. He inquired
whether the Canalfront Advisory Committee was happy with this provider and happy to see them hired for further
work, given the fact that it probably was the usual procedure to continue to hire the same consultant, unless for
some reason they were unhappy with them.
Mr. Nordhoff stated that staff had not specifically asked the committee for their recommendation; however, he was
quite certain that should the committee be less than satisfied with the work of the consultant this would have been
known prior or up to and including the time the hearing took place to consider the acceptance of the plan.
Councilmember Brockbank suggested his assumptions were correct that it appeared likely the committee was
happy with the consultants and it would seem logical to hire them for this further work.
Councilmember Brockbank stated he had not seen the photographs referenced by Mr. Butler concerning numerous
bridges and crossings in front of the buildings. Assuming Mr. Butler was correct that these photographs may have
been misleading because they did not meet the Coast Guard regulations, and that the redeveloped walkway could
be inappropriate should it impose upon the waterway, Councilmember Brockbank inquired as to whether there had
been any discussion on whether providing photographs that in retrospect, could have been, at least in Butler's
opinion, misleading, premature, or not the most appropriate use of time, would reflect negatively upon the
consultant.
Mr. Nordhoff stated he believed Mr. Butler, the public at large, as well as the City Council had seen the final
products as they were part of the packet of information the City Council had when accepting the plan. The draft
documents were being formalized into a publication and formatted for a web page to have the content available to
anyone interested in looking at the Plan and Design Guidelines. Staff wanted to have these in a web -ready format
so that down the road, over many years, should someone wish to know what those were, they would be available.
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Councilmember Brockbank confirmed that despite how many pictures were shown of bridges and walkways that
may or may not be allowable under current Coast Guard regulations it was not sufficient reason for staff not to
recommend this provider for further work.
Councilmember Brockbank moved and Councilmember Connolly seconded, to adopt the Resolution.
RESOLUTION NO. 12897 — RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER
TO SIGN AN AMENDMENT TO AGREEMENT FOR PROFESSIONAL
SERVICES WITH CONSULTANT ROYSTON HANAMOTO ALLEY & ABEY FOR
ADDITIONAL SERVICES TO PREPARE AND PRODUCE FINAL DOCUMENTS
FOR THE SAN RAFAEL CANALFRONT CONCEPTUAL DESIGN PLAN AND
CANALFRONT DESIGN GUIDELINES
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
10. None.
COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
11. Marin Telecommunications Aqencv: - File 4-13-101
Noting most of the City Council attended the opening of the Media Center, Councilmember Heller reported that they
were requesting memberships from the community as well as public entities, and to that end she would provide a
report and form to Mr. Nordhoff for his consideration as to whether the City should join for $150 per year. She also
provided individual forms to Councilmembers interested in joining - $35, or $25 for seniors, and being a member
herself, she believed it was a great group. Councilmember Brockbank indicated he had already joined.
ADJOURNMENT: There being no further business, Mayor Boro adjourned the City Council meeting at 8:17 PM and
resumed Closed Session.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2009
MAYOR OF THE CITY OF SAN RAFAEL
4 CC 12-07-09