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Home My WebLink AboutCC Minutes 2009-01-05SRCC Minutes (Regular) 1/5/2009 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JANUARY 5, 2009 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Barbara Heller, Vice -Mayor Damon Connolly, Councilmember Cyr N. Miller, Councilmember 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: Absent: Greg Brockbank, Councilmember 8:01 PM Sobrietv Checkpoints: - File 9-3-30 With regard to the recent DUI checkpoints, David Rubinson stated that the guidelines in the Ingersoll decision, upon which all of the legality of the checkpoints rests in California, specifically call for publicity to be given when checkpoints are held; however, the Police Department deliberately did not publicize, promote or allow the public to know where they were to be held. He had discussed the issue with City Attorney, Robert Epstein, who was looking into the matter. He indicated that the Police Department was wrong in that they were supposed to publicize these DUI checkpoints. Mr. Rubinson stated that the National Highway Traffic Safety Administration was the agency under which all of these checkpoints were done. They had specific guidelines which stated that publicity had to be aggressive; however, the Police Department had ignored the guidelines. He indicated he would like a report on why there was no publicity and why the guidelines of the National Highway Traffic Safety Administration were being ignored. Mr. Rubinson provided Councilmembers with copies of attorney Mark Silverman's document, dated January 5, 2009, together with copies of excerpts from the specific outline for how checkpoints were to be conducted. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Connolly seconded, to approve the Consent Calendar as follows. ITEM RECOMMENDED ACTION Resolution Appointing a Representative and Alternates(s) to the Marin Emergency Radio Authority Board of Directors (CM) — File 4-13-102 Resolution in Support of the Boys & Girls Club of Marin and Southern Sonoma Counties in the Establishment of After School Programming at James B. Davidson Middle School in San Rafael (CS) — File 4-10-188a RESOLUTION NO. 12633 RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATES(S) TO THE MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS RESOLUTION NO. 12634 RESOLUTION IN SUPPORT OF THE BOYS & GIRLS CLUB OF MARIN AND SOUTHERN SONOMA COUNTIES IN THE ESTABLISHMENT OF AFTER SCHOOL PROGRAMMING AT JAMES B. DAVIDSON MIDDLE SCHOOL IN SAN RAFAEL SRCC Minutes (Regular) 1/5/2009 Page 1 Resolution to Approve the San Rafael Ridge Access Committee Formation and Scope of Work (CS) — File 9-2-61 4. Resolution Authorizing the Temporary Closure of Mission Avenue Between C Street and E Street for the San Rafael Public Library's Carnegie Centennial Celebration on Sunday, January 25, 2009 from 12 noon — 6:00 p.m. (Lib) - File 11-19 x 9-3-61 SRCC Minutes (Regular) 1/5/2009 Page 2 RESOLUTION NO. 12635 RESOLUTION TO APPROVE THE SAN RAFAEL RIDGE ACCESS COMMITTEE FORMATION AND SCOPE OF WORK RESOLUTION NO. 12636 RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF MISSION AVENUE BETWEEN C STREET AND E STREET FOR THE SAN RAFAEL PUBLIC LIBRARY'S CARNEGIE CENTENNIAL CELEBRATION ON SUNDAY, JANUARY 25, 2009 FROM 12 NOON — 6:00 P.M. Resolution Authorizing the City Manager to Execute an RESOLUTION NO. 12637 Employment Agreement for an Interim Public Works RESOLUTION AUTHORIZING THE CITY Director (MS) — File 4-3-500 x 9-3-40 x 4-3-493 MANAGER TO EXECUTE AN AGREEMENT FOR AN INTERIM PUBLIC WORKS DIRECTOR WITH MOKHTARI ENGINEERING, INC. Resolution Appointing Standby City Council Members (MS) — File 9-1 x 13-11 RESOLUTION NO. 12638 RESOLUTION APPOINTING STANDBY OFFICERS FOR EACH MEMBER OF THE SAN RAFAEL CITY COUNCIL Second Readina and Final Adoption of Ordinance No. Approved final adoption of Ordinance No. 1872 - "AN ORDINANCE OF THE CITY OF SAN 1872. RAFAEL AMENDING MUNICIPAL CODE SECTION 5.52.021 'WEIGHT LIMITS' TO INCLUDE VARIOUS STREETS IN THE GERSTLE PARK NEIGHBORHOOD" (PW) — File 2-1-11 x 11-13 x 11-5-1 Report on Bid Opening and Resolution Awarding RESOLUTION NO. 12639 Contract for 2008 ADA Curb Ramp Project No. 15006 to RESOLUTION AWARDING CONTRACT Ghilotti Bros., Inc in Amount of $246,894.75 (Bid FOR 2008 ADA CURB RAMP PROJECT NO. Opening held Tuesday, December 23, 2008) (PW) — 15006 TO GHILOTTI BROTHERS., INC IN File 4-1-606 x 13-1-1 THE AMOUNT OF $246,894.75 AYES: COUNCILMEMBERS: Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Brockbank PUBLIC HEARING: 9. Public Hearinq — RESOLUTION ESTABLISHING MAXIMUM RATES COLLECTED BY MARIN SANITARY SERVICE FOR REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES. TO BE EFFECTIVE RETROACTIVELY FROM JANUARY 1. 2009 (CM) — FILE 4-3-32 x 13-2 Mayor Boro declared the public hearing opened. Economic Development Coordinator Stephanie Lovette stated the public hearing tonight was to consider setting the maximum rates for garbage service for 2009. The rate increase being proposed was 6.42%, which included increases in benefits, fuel costs and disposal costs. She indicated that the annual average for the last ten years for garbage rates increased at 3.7% and the CPI (Consumer Price Index) during that same time period was approximately 3.5%. Ms. Lovette reported that the 20 -gallon rate would increase from $19.31 per month to $20.55 per month, and the 32 -gallon rate would increase from $22.72 to $24.18. SRCC Minutes (Regular) 1/5/2009 Page 2 SRCC Minutes (Regular) 1/5/2009 Page 3 Ms. Lovette noted that Marva Sheehan with HF&H Consultants who helped with the report was in attendance, as well as officials from the Marin Sanitary Service. Patricia Garbarino, President, Marin Sanitary Service, stated she was available to answer questions, and was accompanied by her assistant, Joe Garbarino, Ray Holmes, Controller, Steve Rosa, Operations, and Todd Start, Union Shop Steward. There being no comment from the public, Mayor Boro closed the public hearing. Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 12640 - RESOLUTION ESTABLISHING MAXIMUM RATES COLLECTED BY MARIN SANITARY SERVICE FOR REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES, TO BE EFFECTIVE RETROACTIVELY FROM JANUARY 1, 2009 AYES: COUNCILMEMBERS: Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Brockbank CITY MANAGER'S REPORT: 10. LAFCO (Local Agencv Formation Commission): - File 149 City Manager Ken Nordhoff reported that LAFCO (Local Agency Formation Commission) was sponsoring a presentation in the Council Chambers at 7:00 p.m. on Thursday, January 8, 2009, regarding the implementation of SB 375 and related items. Noting some Councilmembers and staff would be in attendance, he indicated that members of the public were also welcome. COUNCILMEMBER REPORTS: (includinq AB 1234 Reports on Meetinqs and Conferences Attended at Citv Expense) 11. Citv Council Appointments to Committees for 2009: - File 275 x 9-1 Mayor Boro reported having discussed these with each Councilmember, and although Councilmember Brockbank was not in attendance, he did communicate his interest in certain assignments. Mayor Boro noted the following changes to appointments: - Association of Bay Area Governments (ABAG) — Councilmember Brockbank - Appointee, Councilmember Connolly - Alternate - Joint Powers Authority Oversight Committee - Councilmember Brockbank - Marin Energy Authority (MEA) - Councilmember Connolly - Appointee, Vice -Mayor Heller - Alternate Mayor Boro reported that last year, prior to the current Council being seated, the City Council appointed a two person subcommittee, consisting of Mayor Boro and Councilmember Heller, to work with staff with respect to what might happen at the site in San Rafael where Sutter had acquired a considerable piece of property. He indicated that the subcommittee would begin meeting with City Manager Ken Nordhoff to discuss some of the issues and the City Council would be kept informed on the status. Councilmember Connolly noted the omission of some ad hoc committees from the list. Mr. Nordhoff clarified that some subcommittee appointments made by the Council over the last year were not reflected, as the list contained more permanent appointments to the various Boards or JPAs. Mayor Boro noted the omission of the Business Issues Committee, where he and Vice -Mayor Heller were representatives. Mayor Boro confirmed that the list of City Council Appointments for 2009, dated January 5, 2009 would stand. SRCC Minutes (Regular) 1/5/2009 Page 3 SRCC Minutes (Regular) 1/5/2009 Page 4 Marin Telecommunications Aqencv (MTA): - File 4-13-101 x 9-1 Councilmember Heller reported that recent discussions with the Marin Telecommunications Agency (MTA) centered on how to offer low-income subscriber discounts for cable television. Comcast refused to set up such a program since they already offer a low-income discount, which would continue for only the 288 individuals currently enrolled; however, as they dropped out of the program this would get smaller and smaller. She noted that additional low-income discounts would not be provided to any new subscribers nor would they administer the program. Councilmember Heller stated that the agency was looking into a 20% discount, to be applied only to the current basic rate of $15.43 — a discount of $3.09 per month. Records indicated that Marin had 288 qualified subscribers, and with San Rafael having 150 of these, the cost would be approximately $2,000 per year. Since the MTA was unable to and did not plan to handle such a program, another agency would have to be found to administer it. Director, Larry Bragman, Fairfax, was working with staff to investigate further and would return with a report to Agency members. AT&T: - File 9-1 Mayor Boro inquired about the status of AT&T. Mr. Nordhoff explained that the City went through a revision of its Encroachment Ordinance approximately one year ago, and AT&T had made application for several dozen encroachment permits; however, he was unaware of how much of the work was done He noted that San Rafael, Mill Valley and two other Marin communities were the first target areas. Councilmember Heller inquired whether any of the boxes were in place. Public Works Administrative Manager Richard Landis confirmed that a number of boxes were in place. Mr. Nordhoff stated staff would provide information to the City Council on the status of applications and where the current installations were located. There being no further business, Mayor Boro adjourned the City Council meeting at 8:14 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12009 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 1/5/2009 Page 4