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HomeMy WebLinkAboutCC Minutes 2006-12-18SRCC Minutes (Regular) 12/18/2006 Pagel IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 18, 2006 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 — 6:00 PM Mayor Boro announced Closed Session items. Present: Albert J. Boro, Mayor Gary O. Phillips, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Absent: Cyr N. Miller, Councilmember CLOSED SESSION — CONFERENCE ROOM 201 - 6:00 PM — File 1-4-1a a) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Case Name: John R. Jones v. City of San Rafael WCAB Case No.: SFO -0451543 b) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. U.S. District Court, Northern Dist. of CA, Case # C003785 C) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: MHC Financing, et al. v. City of San Rafael, et al. (MHC II) U.S. District Court, Northern Dist. of CA, Case # C043325 d) Conference with Legal Counsel - Existing Litigation Government Code Section 54956.9(a) Case Name: St. Vincent's / CYO v. City of San Rafael, et al. Marin County Superior Court Case # CV045400 e) Conference with Labor Negotiators — Government Code Section 54957.6 Negotiators: Ken Nordhoff, Nancy Mackle, Lydia Romero, Donna Williamson, Richard Whitmore Employee Organization (s): San Rafael Fire Chief Officers' Association San Rafael Police Mid -Management Association Western Council of Engineers SEIU Miscellaneous & Supervisory City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None CONSENT CALENDAR: 8:18 PM Councilmember Phillips moved and Councilmember Cohen seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Minutes approved as submitted. Monday, December 4, 2006 (CC) 3. Resolution Authorizing Agreement with CSG Consulting to Perform Plan Review Services for Building Permits, from January 1, 2007 to January 1, 2008 (CD) — File 4-3-446 x 9-3-85 Item removed from agenda at request of staff. SRCC Minutes (Regular) 12/18/2006 Page 1 SRCC Minutes (Regular) 12/18/2006 Page 2 4. Resolution Authorizing the City Manager to RESOLUTION NO. 12166 — Execute an Amendment to the Agreement for RESOLUTION AUTHORIZING THE CITY Professional Planning Services with Pacific MANAGER TO EXECUTE A FIRST Municipal Consultants (PMC) for Interim AMENDMENT TO THE AGREEMENT Professional Planning Services Within the FOR PROFESSIONAL PLANNING Planning Division of the Community SERVICES WITH PACIFIC MUNICIPAL Development Department, Extending the Term of CONSULTANTS (PMC) FOR INTERIM the Agreement Through March 31, 2007 and PROFESSIONAL PLANNING STAFFING Increasing the Budget by $59,500 to $127,500 WITHIN THE CURRENT PLANNING (CD) — File 4-3-457 x 9-3-85 SECTION OF THE COMMUNITY DEVELOPMENT DEPARTMENT (Agreement Term: July 10, 2006 through March 31, 2007, amount not to exceed $127,500.00) 5. Resolution Authorizing the City Manager to RESOLUTION NO. 12167 — Execute a Fourth Amendment to the Agreement RESOLUTION AUTHORIZING THE for Professional Planning Services with Lisa CITY MANAGER TO EXECUTE A Newman for Assistance as Project Planner for FOURTH AMENDMENT TO THE the Proposed 15 -Unit Residential Condominium AGREEMENT FOR PROFESSIONAL Development Located at 524 Mission Avenue, PLANNING SERVICES WITH LISA Increasing the Budget for the Agreement from NEWMAN (D.B.A. NEWMAN $142,500 to $173,750, with all Costs PLANNING ASSOCIATES) FOR Reimbursed by the Project Developer through SERVICES RELATED TO THE Cost Recovery (CD) — File 4-3-418 x 13-16 PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE PROPOSED CONDOMINIUM PROJECT TO BE LOCATED AT 524 MISSION AVENUE 6. Resolution of Appreciation to Cynthia Murray for RESOLUTION NO. 12168 — Eight Years of Service on the Marin County RESOLUTION OF APPRECIATION TO Board of Supervisors (CM) — File 102 CYNTHIA MURRAY FOR EIGHT YEARS OF SERVICE ON THE MARIN COUNTY BOARD OF SUPERVISORS 7. Monthly Investment Report for November, 2006 Item removed from Agenda at (FN) — File 8-18 x 8-9 request of staff. 8. Resolution Authorizing the City Manager to RESOLUTION NO. 12169 - Publish a Request for Proposal for a New RESOLUTION AUTHORIZING THE Telephone System and Select the Most CITY MANAGER TO PUBLISH A Responsive and Qualified Proposal by Use of REQUEST FOR PROPOSAL FOR A Competitive Negotiation (MS) — NEW TELEPHONE SYSTEM AND File 4-3-88 x 9-3-87 SELECT THE MOST RESPONSIVE AND QUALIFIED PROPOSAL BY USE OF COMPETITIVE NEGOTIATION 9. Resolution Authorizing the City Manager to RESOLUTION NO. 12170 — Amend the Existing Contract with Liebert, RESOLUTION AUTHORIZING THE Cassidy, & Whitmore for Legal and Labor CITY MANAGER TO AMEND THE Negotiations Consulting Services Through March EXISTING CONTRACT WITH 31, 2007 in an Amount Not to Exceed $50,000 LIEBERT, CASSIDY AND WHITMORE, (MS) — File 4-3-450 x 9-3-87 LLP THROUGH MARCH 31, 2007 IN AN AMOUNT NOT TO EXCEED $50,000 (for Legal and Labor Negotiations Consulting Services) 10. Resolution Amending Resolution No. 11208 RESOLUTION NO. 12171 — Pertaining to the Compensation and Working RESOLUTION AMENDING Conditions for SEIU 949 Supervisory and RESOLUTION NUMBER 11208 Miscellaneous Units (3 -Year Agreement from PERTAINING TO THE July 1, 2006 through June 30, 2009) (MS) — COMPENSATION AND WORKING File 7-8-1 CONDITIONS FOR SEIU 949, SUPERVISORY AND MISCELLANEOUS UNITS (3 -year agreement from July 1, 2006 through June 30, 2009) SRCC Minutes (Regular) 12/18/2006 Page 2 SRCC Minutes (Regular) 12/18/2006 Page 3 11. Re: Marin Literary Services: (Lib) — RESOLUTION NO. 12172 — File 4-13-86 x 9-3-61 RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO a) Resolution Approving an Agreement Between EXECUTE AN AGREEMENT the County of Marin and the City of San BETWEEN THE COUNTY OF MARIN Rafael Regarding the Marin Literacy Program AND THE CITY OF SAN RAFAEL (From 7/1/06 — 6/30/07) REGARDING THE MARIN LITERACY PROGRAM (From 7/1/06 — 6/30/07) b) Resolution Approving an Agreement Between the County of Marin and the City of San RESOLUTION NO. 12173 — Rafael Regarding the Family Literacy RESOLUTION AUTHORIZING THE F. L.A. G. SHIP Project (From 7/1/06 — 6/30/07) MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF MARIN AND THE CITY OF SAN RAFAEL REGARDING THE FAMILY LITERACY F.L.A.G.SHIP PROJECT (From 7/1/06 — 6/30/07) 12. Resolution Approving a Funding Agreement RESOLUTION NO. 12174 — Between Transportation Authority of Marin (TAM) RESOLUTION AUTHORIZING and City of San Rafael, Establishing Terms for APPROVAL OF A FUNDING Use of Measure A Funds to Maintain Local AGREEMENT BETWEEN THE Roads and Infrastructure, and Authorizing the TRANSPORTATION AUTHORITY OF Director of Public Works to Execute the MARIN (TAM) AND THE CITY OF SAN Agreement (PW) — File 170 x 9-3-40 RAFAEL, ESTABLISHING TERMS FOR THE USE OF LOCAL MEASURE A FUNDS TO MAINTAIN LOCAL ROADS AND INFRASTRUCTURE, AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT 13. Resolution Authorizing an Application for Funding RESOLUTION NO. 12175 — Under the Surface Transportation Program (STP) RESOLUTION AUTHORIZING THE and Congestion Mitigation and Air Quality FILING OF AN APPLICATION FOR Improvement Program (CMAQ) of SAFETEA for FEDERAL SURFACE STP Miscellaneous Street Resurfacing 2006-07, TRANSPORTATION PROGRAM (STP) and Authorizing the Director of Public Works to AND/OR CONGESTION MITIGATION Execute the Application and Agreement (PW) — AND AIR QUALITY IMPROVEMENT File 11-15x 11-1 (CMAQ) FUNDING FOR "STREET RESURFACING STP 2006-07" AND COMMITTING THE NECESSARY NON-FEDERAL MATCH FOR THE PROJECT AND STATING THE ASSURANCE OF THE CITY OF SAN RAFAEL TO COMPLETE THE PROJECT AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL APPLICATIONS AND AGREEMENTS 14. Resolution Approving and Authorizing the Mayor RESOLUTION NO. 12176 — to Execute a Lease Agreement with Trans Bay RESOLUTION APPROVING AND Cable LLC for the Lease of a Portion of the San AUTHORIZING THE MAYOR TO Rafael Bay Held by the City of San Rafael as EXECUTE A LEASE AGREEMENT Granted Lands from the State of California for the WITH TRANS BAY CABLE, LLC FOR Purpose of the Construction, Installation, THE LEASE OF A PORTION OF THE Operation, Maintenance, and Use of a SAN RAFAEL BAY HELD BY THE Submarine High Voltage Direct Current CITY OF SAN RAFAEL AS GRANTED Transmission Line (RA) —File 2-10 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 SRCC Minutes (Regular) 12/18/2006 Page 3 SRCC Minutes (Regular) 12/18/2006 Page 4 15. Acceptance of Redevelopment Agency Annual Accepted reports. Report, Including Blight Progress, Agency Owned Property and Affordable Housing Reports (RA) — File 8-18 x 8-9 x (SRRA) R-62 AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller PUBLIC HEARINGS: 16. PUBLIC HEARING - REQUEST FOR ZONE CHANGE FOR PROPERTY LOCATED AT 647- 655 IRWIN STREET (SHAMROCK CENTER) - ZC06-005 (CD) — FILE 10-3 Mayor Boro declared the public hearing opened. Community Development Director Bob Brown stated this was a request by the ownership of the Shamrock Center to modify the allowable uses for this property to give them an expanded list in which to re -tenant the buildings. He explained that the Planning Commission considered a proposed rezoning to General Commercial from the Planned Development; however, concluded they would recommend that the Planned Development District be modified to allow the uses from the General Commercial District, but retain the Planned Community zoning to induce the properties to remain under common ownership. Mr. Brown stated staff supported the Planning Commission's recommendation, and he noted no members of the public had expressed interest in this application other than the applicants, who were present this evening. There being no comment from the audience, Mayor Boro closed the public hearing. Expressing thanks to the Planning Commission for their approach, Mayor Boro stated it met the needs of the applicant and at the same time, over the long term, preserved what was intended for that site to avoid multiple ownerships. The title of the ordinance was read "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING AN AMENDMENT TO THE DEVELOPMENT STANDARDS FOR THE "SHAMROCK CENTER" PLANNED DEVELOPMENT (PD 1715), ADDING PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN THE GENERAL COMMERCIAL (GC) ZONE AS USES ALLOWED WITHIN THE PLANNED DEVELOPMENT, ON PROPERTY LOCATED AT 647-655 IRWIN STREET (APNs: 013-032-01, 013-032-02, 013-032-04, 013-032-05, 013- 032-06, 013-021-38)" Councilmember Phillips moved and Councilmember Heller seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1847 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller 17. PUBLIC HEARING - RESOLUTION APPROVING THE ISSUANCE BY THE SAN RAFAEL REDEVELOPMENT AGENCY OF MULTI -FAMILY HOUSING REVENUE BONDS IN AN APPROXIMATE PRINCIPAL AMOUNT OF SIX MILLION DOLLARS ($6,000,000) RELATING TO MARTINELLI HOUSE MULTI -FAMILY HOUSING PROJECT (1327 LINCOLN AVENUE) (RA) — FILE 13-16 x 229 x (SRRA) R-467 x (SRRA) R-173 Mayor Boro declared the public hearing opened Indicating that Martinelli House had been before Council on several previous occasions, Economic Development Coordinator Stephanie Lovette explained that this item concerned the rehabilitation of an existing 66 -unit senior affordable housing project on Lincoln Avenue. The applicant chose to issue bonds in 2006 and the City Council passed a resolution allowing this; however, unfortunately, the bond issuance was delayed, hence the reason for holding another public hearing to allow an issuance in 2007. Councilmember Heller inquired whether the applicant was ready to move forward in 2007 Ms. Lovette stated that the applicant received their tax credit allocation at the November SRCC Minutes (Regular) 12/18/2006 Page 4 SRCC Minutes (Regular) 12/18/2006 Page 5 meeting of the Tax Credit Allocation Committee; therefore, she believed they would move forward in the next couple of months. There being no one from the public who wished to speak, Mayor Boro closed the public hearing. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the resolution. RESOLUTION NO. 12177 — RESOLUTION APPROVING THE ISSUANCE BY THE SAN RAFAEL REDEVELOPMENT AGENCY OF MULTIFAMILY HOUSING REVENUE BONDS IN THE APPROXIMATE PRINCIPAL AMOUNT OF SIX MILLION DOLLARS ($6,000,000) RELATING TO MARTINELLI HOUSE MULTIFAMILY HOUSING PROJECT (1327 Lincoln Avenue) AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller COUNCIL CONSIDERATION: OLD BUSINESS: 18. CONSIDERATION OF POSITION OF THE CITY OF SAN RAFAEL REGARDING JURISDICTIONAL RESPONSIBILITY FOR HOUSING UNIT ALLOCATIONS FROM THE ASSOCIATION OF BAY AREA GOVERNMENTS' REGIONAL HOUSING NEEDS ALLOCATION PROCESS ATTRIBUTABLE TO UNINCORPORATED AREAS WITHIN THE CITY'S SPHERE OF INFLUENCE (CD) — FILE 111 x 13-16 Community Development Director Bob Brown commented that this issue had become much ado about not very much in the long run. He explained that the remaining issue for Marin concerned ABAG's (Association of Bay Area Governments) calculation of the regional housing needs assessments is how they would treat the units that would normally be attributable to the unincorporated areas. Mr. Brown stated that seven years ago, the last time ABAG did this, they uniformly assigned responsibility for these units in the unincorporated areas: 25% to Marin County; 75% to the cities based on their spheres of influence. This time around, ABAG was looking for input and the planning directors in Marin County believe the County has ample opportunities to be responsible for all of their housing units in the unincorporated areas. Noting Marin County Supervisor Adams sits on the ABAG Executive Board, Mr. Brown stated she was able to make a motion reverting to the old methodology — 25% / 75% split — for Marin County, and a 60 -day review period was currently in effect. Mr. Brown reported that a meeting of the MCCMC (Marin County Council of Mayors and Councilmembers) Legislative Committee took place to ascertain whether a consensus position could be arrived at for the cities in Marin, and this would be brought back at their January Stn meeting. In the interim, the various cities and towns would seek positions from their councils. Mr. Brown stated that at this point, they believed it prudent to suggest a 50 / 50 split. He noted that when the actual computation of these units was received, the difference was not great, due to the relatively little area remaining in the spheres of influence in Marin. Reiterating that a 50 / 50 split would be equitable between the cities and county, he stated the numbers were not that significantly different. Mr. Brown stated this was staff's recommendation and they would take forward whatever the City Council proposed this evening to the MCCMC Legislative Committee, and ultimately to the ABAG Executive Board. As the MCCMC alternate to the ABAG Executive Board, Councilmember Cohen reported having attended the meeting where the staff recommendation was reviewed and the recommendation of the planning directors of the towns and cities to leave the county with 100% responsibility was carried forward. He stated that the ABAG approach generally made sense in that they were encouraging city -centered development, i.e., should housing units be built in an area it should be annexed into the city. He believed this policy essentially put pressure on cities to annex those areas where housing development would occur. Councilmember Cohen stated the pattern of development in Marin focused growth along the 101 corridor, thereby protecting all of west Marin. He noted some city and some county development along the 101 corridor and in boiling down Mr. Brown's memo, the reality was 40 units that should be the county's responsibility for Santa Venetia would become the responsibility of San Rafael. Councilmember Cohen stated that although the developed portion SRCC Minutes (Regular) 12/18/2006 Page 5 SRCC Minutes (Regular) 12/18/2006 Page 6 of Santa Venetia had a development pattern very much similar to Terra Linda, by this logic, they should not have to take on this housing unit production responsibility, rather Terra Linda should carry it for them. Indicating this logic did not make a lot of sense to him, he stated the outcome was that the remainder of San Rafael, in addition to having to meet already challenging housing unit production numbers, had to take on potentially an additional 40 units so that Santa Venetia, which had the same suburban pattern of development, did not have that pressure. Councilmember Cohen reiterated that he did not believe this to be a logical outcome of what otherwise was a fairly logical approach to how to allocate development. He believed this was the reason ABAG staff agreed and made the recommendation that in Marin County, those units should be left to the County. Referring to the table on page 3 of the staff report, Councilmember Cohen noted that Larkspur was hardest hit, with a difference of 41 from an average of 615 units, because of Kentfield. He commented that just as San Rafael would never annex Santa Venetia, Larkspur would never annex Kentfield and Kent Woodlands because there was no interest on either side in either case. Given that the numbers for San Rafael were not very large, Councilmember Cohen believed Mr. Brown's recommendation was prudent and the City should seek to resolve the issue with a 50% / 50% split, meaning the City was picking up approximately 20 units that otherwise would be allocated to Santa Venetia. Councilmember Heller stated the problem could arise that the County would refuse to change what they had already passed — the 75% / 25% split brought forward by Supervisor Adams — and she did not favor getting into an argument on such an issue. She believed most of the cities that were very concerned about these numbers would request the 50% / 50% split, and the Supervisor indicated she would bring the item back to the Board of Supervisors requesting that they reconsider. Mr. Brown confirmed the item was on the agenda for tomorrow's Board meeting (12/19/06). He confirmed the County staff recommendation was either 25% / 75% or 50% / 50% split. Believing it not advisable to enter into an argument with the County, Councilmember Heller favored the 50% / 50% split. She believed this was brought forward because of ABAG changing the spheres of influence and recognizing a probable rather than an absolute sphere of influence. Going forward, she believed Kentfield would be removed from Larkspur which would give them a little relief. Since Measure R did not pass, Councilmember Heller inquired whether the City would be requesting relief from ABAG because of not having SMART station locations. Mr. Brown stated that the proposed RHNA (Regional Housing Needs Allocation) methodology included 20% for proximity to transit stations, either fixed rail or ferry. Currently, the MTC (Metropolitan Transportation Commission) includes planned rail stations, including all the SMART (Sonoma/Marin Area Rail Transit) stations. He confirmed that San Rafael, together with the other cities and towns, would petition the ABAG Executive Board to remove the SMART stations. Responding to Mayor Boro's inquiry as to whether the Larkspur City Manager would be in attendance at tomorrow's Board of Supervisors meeting, City Manager Ken Nordhoff stated Larkspur had difficulty with their baseline numbers. He believed they would be supportive of the 50 / 50 approach, which he considered would be pretty universal throughout the cities and towns in Marin; however, he was unsure of whether Ms. Bonander would be in attendance at tomorrow's meeting. Mr. Nordhoff stated that a San Rafael staff member would attend the meeting. Indicating the City Council should take a position on this issue, Councilmember Cohen stated that while he agreed the numbers were small enough, once the impact was understood, it became a lot less important than it might have been. He believed it unfair to the residents of Terra Linda and the rest of San Rafael to state that Santa Venetia, which was otherwise no different, did not have the responsibility to accommodate additional housing. Councilmember Cohen suggested the City Council take a position requesting the Board of Supervisors and recommending to ABAG that this be a 50 / 50 split. He planned on attending the ABAG Executive Committee meeting in January, 2007, at which time he would carry that position forward, should it be adopted by the City Council. Councilmember Heller noted a meeting was scheduled for tomorrow, December 19, 2006, at 5:00 p.m., organized by Supervisor Adams and Novato Councilmember Dillon -Knutson with ABAG staff to discuss ABAG's Projections 2007. Mr. Brown confirmed he would be in attendance. Councilmember Cohen moved and Councilmember Heller seconded, to establish a position that the City and County of Marin share equally (50/50 split) in the computation of housing needs SRCC Minutes (Regular) 12/18/2006 Page 6 SRCC Minutes (Regular) 12/18/2006 Page 7 allocation attributable to the unincorporated areas within the City's Sphere of Influence, and that this position be put forward at the Marin County Council of Mayors and Councilmembers' Legislative Committee meeting in seeking a consensus of Marin jurisdictions on this issue, and in correspondence with the Executive Council of the Association of Bay Area Governments. AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Miller COUNCIL CONSIDERATION: NEW BUSINESS: 19. REPORT FROM MEASURE `S' OVERSIGHT COMMITTEE (FN) — FILE 9-2-58 x 8-5 Explaining this was the result of a December 7, 2006 Measure `S' Committee meeting attended by Cindy Mosser, Finance Director and himself, City Manager Ken Nordhoff stated this was the committee's first opportunity to take a look at the results of Measure `S' from this past year. He noted from the staff report that $1,138,669 worth of Measure `S' revenues received post June 30, 2006, were accrued back into the fiscal year, which was a consistent practice with the methodologies used to accrue sales tax. Having gone through this discussion with the Measure `S' Committee, Mr. Nordhoff reported they felt satisfied that the reporting for the 2005-2006 Fiscal Year that would end up in the annual audit report was consistent with the appropriate uses for Measure `S'. He referred the City Council to the document signed by Committee Chair, Paula Freschi Kamena, which discussed the fact that they had evaluated the figures and found that the revenues accrued were consistent with the use even though they were not necessarily available to pay for the expenses of the previous year. The Committee felt that was appropriate and satisfied their charter and requested that it be presented to the City Council for adoption. Mr. Nordhoff stated that the 2005-2006 figures would be a type of baseline, going through the ten-year cycle on Measure `S', from which to measure how these dollars were expended in future years. Mr. Nordhoff recommended that the City Council adopt the report. Councilmember Cohen moved and Councilmember Heller seconded to accept the report and adopt the resolution. Referring to the language in the resolution: "The Committee has reviewed the City's budget and has developed a methodology..... ", Councilmember Phillips stated he was not clear as to what the methodology was about. Mr. Nordhoff explained that when the budget was adopted in June, 2006, the Measure `S' Committee published a report containing a two-part methodology: 1) They would comment on the appropriations for the upcoming ensuing year, which they did in June, 2006; and 2) The second part of their work would be sometime in the fall looking backwards at the performance of the previous year. He indicated this was the methodology under which they were working and planning to meet twice annually to provide the City Council with bi-annual reports. RESOLUTION NO. 12178 — RESOLUTION ADOPTING THE 2005-2006 AUDIT YEAR REPORT FROM THE MEASURE `S' OVERSIGHT COMMITTEE AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY MANAGER'S REPORT: - File 9-3-11 Cohen, Heller, Phillips and Mayor Boro None Miller 20. Having functioned as City Manager for one year, effective December 19, 2006, Mr. Nordhoff indicated that much of what had been accomplished was through the efforts of many members of staff in attendance this evening. Giving accolades to the Departments Heads, he stated they were extremely professional, totally dedicated and up to the challenge no matter what, for which he was very grateful. Mr. Nordhoff wished everyone present a very happy holiday season. Mayor Boro congratulated Mr. Nordhoff on his one year. SRCC Minutes (Regular) 12/18/2006 Page 7 SRCC Minutes (Regular) 12/18/2006 Page 8 COUNCILMEMBER REPORTS: 21. a) Marin Telecommunications Agency (MTA): -File 9-1 x4-13-101 Having attended the MTA meeting on December 13, 2006 on behalf of Councilmember Miller, Councilmember Heller reported that the FCC (Federal Communications Commission) was rewriting Federal Law on Telecommunications and she noted changes would be seen next year. Indicating that the Media Center was beginning to be organized, she reported that a Board of Conveners would be appointed who would select the future Board of Directors and ultimately, an Executive Director. Noting Dave Hill was the Interim Executive Director, she stated he would generate an annual work plan covering three different areas. Councilmember Heller stated the meeting went very smoothly which was a joy. b) Marin County Transit District: - File 9-1 x 143 Having met today with Marin County Supervisor Susan Adams, and Amy Van Doren of the Transit District, Councilmember Heller stated that Supervisor Adams and the Transit District had initiated the Marinwood/Terra Linda Shuttle (Route 259). She indicated she would discuss some proposed changes to this route with City Traffic Engineer, Nader Mansourian. Councilmember Heller stated the goal for a shuttle was 7 patrons an hour, compared to 20 on a regular bus; therefore, should those numbers not be attained in the next year, the service could be cancelled, which she believed would be a shame. Mayor Boro inquired whether Marin County Measure A funds were being used for this service. Mr. Nordhoff indicated he would be glad to ascertain the specifics of this. Mayor Boro suggested staff look into the prospect of utilizing such a service to cover more than one use, such as school service. Councilmember Heller noted that Supervisor Adams was using Marin County public funds to offer a free service on Fridays. She indicated that subsequent to discussions with Mr. Mansourian she hoped to bring the issue to the Managers' meeting with the neighborhood associations. She confirmed for Mayor Boro that there was a charge for this service. Mayor Boro suggested a study session be scheduled on this issue c) Safe and Healthy San Rafael: - File 9-1 Having met with representatives of Safe and Healthy San Rafael and noting suggestions that could have budget implications for San Rafael, Councilmember Cohen stated that before considering how to weight this relative to other demands on the budget it would be helpful to schedule a study session to better understand this entire field. Some very professional residents of San Rafael were involved with this group who could bring a lot to the table on this issue, and he believed it would be a very interesting study session. There being no further business, Mayor Boro adjourned the City Council meeting at 8:45 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 2007 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 12/18/2006 Page 8