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HomeMy WebLinkAboutCC Minutes 2010-05-03SRCC Minutes (Regular) 05/03/2010 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, MAY 3, 2010 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 Members of the public may speak on Agenda items. OPEN SESSION — COUNCIL CHAMBERS — 7:00 PM None CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM None ORAL COMMUNICATIONS OF AN URGENCY NATURE: None Present: Albert J. Boro, Mayor Damon Connolly, Vice -Mayor Greg Brockbank, Councilmember Barbara Heller, Councilmember Marc Levine, Councilmember Absent: None Mayor Boro noted agenda item #6 had been withdrawn by staff and would be agendized for a later date. 8:16 PM Councilmember Levine moved and Councilmember Connolly seconded, to approve the Consent Calendar as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 April 19, 2010 (CC) 2. Second Reading and Final Adoption of Ordinance No. 1881 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 12.44 OF THE SAN RAFAEL MUNICIPAL CODE ("GREEN BUILDING REQUIREMENTS"), AS ADOPTED BY CITY COUNCIL ORDINANCE NO. 1879, TO INCORPORATE PROVISIONS REQUIRED BY THE CALIFORNIA ENERGY COMMISSION REGARDING ENFORCEMENT OF TITLE 24, PART 6 OF THE CALIFORNIA BUILDING CODE AS THE MINIMUM ENERGY EFFICIENCY STANDARD (CD) — File 10-2 x 10-3 x 115(2020) x 13-1 Resolution Authorizing the City Manager to Execute a Funding Agreement to Accept and Expend a Grant in the Amount of $528,000 from the Metropolitan Transportation Commission RECOMMENDED ACTION: APPROVAL OF THE FOLLOWING ACTION: Minutes approved as submitted. Approved final adoption of Ordinance No. 1881. RESOLUTION NO. 12948 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FUNDING 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. CC 05-03-2010 for Station Area Plans for the Downtown San Rafael and Civic Center Rail Stations (P09-005) (CD) — File 245 x 170 4. Resolution in Support of Public Service Recognition Week — May 3 — 9, 2010 (CM) — File 102 Adopt Plans and Specifications for the ADA/DOJ Compliance Curb Ramp 2009-2010 Project #15006, and Authorize the City Clerk to Call for Bids (PW) — File 4-1-616 Adopt Plans and Specifications for Santa Margarita Park Tennis and Basketball Courts Improvements Project, and Authorize the City Clerk to Call for Bids (PW) AGREEMENT TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $528,000 FROM THE METROPOLITAN TRANSPORTATION COMMISSION FOR STATION AREA PLANS FOR THE DOWNTOWN SAN RAFAEL AND THE CIVIC CENTER RAIL STATIONS (P09-005) RESOLUTION NO. 12949 RESOLUTION IN SUPPORT OF PUBLIC SERVICE RECOGNITION WEEK — MAY 3-9, 2010 Approved staff recommendation. Removed from acienda at the request of staff. Adopt Plans and Specifications for Safe Routes to Schools Approved staff recommendation. (SRTS) Happy Lane Pedestrian Improvements Project, City Project No. 11121, Federal Project No. SRTSL-5043(028), and Authorize the City Clerk to Call for Bids (PW) — File 4-1-617 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION: 8. PRESENTATION ON PROPOSED VEHICLE REGISTRATION FEE INITIATIVE BY TRANSPORTATION AUTHORITY OF MARIN (TAM) — FILE 170 x 9-4 Dianne Steinhauser, Executive Director, Transportation Authority of Marin (TAM) expressed thanks for the opportunity to discuss tentative plans to consider an increase in the vehicle registration fee in Marin County to address transportation needs. She noted TAM had been before the City Council previously with projects and programs that sometimes were a struggle to fund, while on other occasions funding was available. Ms. Steinhauser reported that a short video had been prepared to capture themes experienced in Marin with respect to transportation needs and in particular, outstanding needs. Subsequent to viewing the video TAM staff would discuss plans and process and while no action was requested this evening, City Council input was welcome. Ms. Steinhauser introduced Public Information Coordinator Trudy Totty and Planning Manager Karita Zimmerman. Reporting that Marin had approximately 240,000 registered vehicles, Ms. Steinhauser stated the proposal was for consideration of a $10 increase in vehicle registration fees generating approximately $2 million. While this would not meet the need, polling and the cost-effectiveness of several programs indicated that some very distinct, noticeable and measureable improvements could be done in the transportation system. Ms. Steinhauser reported that an Expenditure Plan Advisory Committee had been formed, consisting of eleven members, including representatives from public works, the environmental community, transit, etc. The committee evaluated poll results and needs assessment and generated a draft plan. Noting continuous needs for fixing local roads, Ms. Steinhauser anticipated 35% of the funds being allocated to local street and road rehabilitation. She reported that public works directors had indicated they often could obtain other fund sources for major roads and arterials; however, local, neighborhood and residential streets had a scarcity of funds. TAM staff was leaning towards isolating this fund source to residential and neighborhood streets which did not have dedicated fund CC 05-03-2010 sources Noting approximately 35% of the funds would be dedicated towards senior and disabled transportation, Ms. Steinhauser anticipated: 1) funding an expansion of the demand response of paratransit service to seniors aged 80 and older; however, should additional fund sources be identified, the age limit could be lowered; and 2) continue funding for a mobility management service, currently being provided by Marin Transit in concert with the Department of Health and Human Services in Marin. Reporting that 15% of the funds would be allocated to school safety and congestion reduction, Ms. Steinhauser explained this was a combination of some additional bus service routes and crossing guards. She noted a demand from schools that had lost funding, together with local public works and communities, for funding for 120 crossing guards - TAM could afford only 55. Regarding commuter alternatives and climate change, Ms. Steinhauser stated TAM wanted to do something for employers and employees. A number of programs had commenced and others were in mind -- emergency ride home program, carpool, vanpool, van and carpool assistance, etc. Together with this, funds were available for the next ten years for climate change initiatives, such as programs providing travel training to seniors, electric vehicle infrastructure projects or education programs in terms of alternative transportation. She noted 5% for bicycle and pedestrian path maintenance was not a lot of money; however, sharing with local jurisdictions was being considered. Confirming San Rafael was the first jurisdiction to view the video, Councilmember Heller stated she found it difficult to understand the speakers because of background traffic. Expressing appreciation Councilmember Brockbank indicated he also had difficulty understanding the speakers. To better understand the presentation, he suggested an explanation of the contents be made as an introduction. Councilmember Connolly thanked Ms. Steinhauser for the presentation. He inquired whether going forward, TAM staff would discuss the vehicle registration fee further, how much would be raised and how it would be allocated. Ms. Steinhauser explained that approximately $2 million would be raised as the maximum amount allowable by law -- $10 per year --and allocation were mostly by formula, similar to Measure A. Going forward she indicated that further explanation would be provided. Councilmember Levine stated it was insightful for him to hear that the cap was $10; however, this probably was an impediment compared to other jurisdictions or authorities with greater car populations. Ms. Steinhauser stated that all of the Bay Area's nine counties were at some point in pursuing this issue. Legislation approved on October 11, 2009 indicated that $10 was the maximum that could be charged, and being a fee dedicated to specific purposes it would be by majority vote. She explained that Santa Clara would raise approximately $14 million and anticipated 75% probably going back as a formula share to their jurisdictions for local streets and roads with certain emphasis areas, such as complete streets. Alameda would raise approximately $8 million, Contra Costa County $10 million, San Francisco $5 million, Sonoma $4.5 million with Marin County on the lower end at $2 million. Ms. Steinhauser believed part of the challenge was to find cost-effectiveness where improvements would be noticed. $700,000 split amongst twelve jurisdictions on an annual basis would help somewhat; however, specificity was necessary in closing gaps, together with responding to the public's perception of what was necessary. Councilmember Levine inquired as to what percentage $2 million would be of TAM's budget. Ms. Steinhauser stated the budget ranged between $38 and $45 million annually. Councilmember Levine inquired as to the possibility of a decrease in the use of cars or the number of registrations as a result of this increased fee. Ms. Steinhauser reported that as other counties had found there could be a small growth in registered vehicles over time, noting it was pretty much a fixed flat fee, which also made it challenging in that it could not all be spent in the first year when attempting to sustain a program that grew in cost in year ten. She indicated she did not believe a $10 vehicle registration fee increase would prevent anyone from driving. Councilmember Heller commented that some of the video presentation featuring Ms. Steinhauser was in shadow, which was distracting. CC 05-03-2010 Mayor Boro thanked Ms. Steinhauser for her presentation. Although the list of potential allocations had been cut since the initial presentation to the TAM board, he believed further refinement was necessary. He indicated it was interesting to note from the statistics that there was one car per person in Marin County. Responding to Mayor Boro, Ms. Steinhauser reported that the issue would return to the City Council in June or early July. Mayor Boro concurred that it would be advantageous to explain how the issue came about, that the vote was 50% plus 1 and that it was limited to a maximum fee of $10. Roper Roberts, Marin Conservation League (MCL), stated this was a worthwhile program for the community; however, he expressed the hope that TAM would consider waiting until March, 2011 to put the issue on the ballot. He explained that MCL and other environmental groups across the state had been working hard in recent months to put the State Parks Initiative for independent funding in place. This initiative would call for an $18 surcharge on the vehicle license renewal fee, that if passed would afford free access to state parks and give state parks independent funding. Over 760,000 signatures had been collected; the initiative would now go to local registrars for validation and MCL was confident it would be on the November, 2010 ballot. There was concern, however, that, should both the TAM and State Parks initiatives be on the ballot in November, 2010, for a total of $28, both sides could lose. Although MCL agreed with the TAM initiative, he requested that they consider postponing placing it on the ballot until March, 2011. Kevin Moore, San Rafael resident, inquired whether the vehicle registration fee would include off-road vehicles. Owning off-road motorcycles he indicated he paid registration fees which he believed were sometimes used for other reasons. Noting tough budget cuts were needed, he commented that with regard to paving, potholes curtailed speed. Councilmember Brockbank questioned whether there was a regularly scheduled election in March, 2011 Mayor Boro thanked the TAM representatives for their presentation. OTHER AGENDA ITEMS: 9. RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THE PROVISION OF AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE HAMILTON POOL COMPLEX (CS) — FILE 4-3-509 x 9-3-65 Inspired by the success of the joint effort between the City of San Rafael and the City of Larkspur to provide emergency services, Community Services Director Carlene McCart stated staff looked at the Hamilton Pool idea with renewed interest. This evening staff was requesting Council support for the agreement between the City of San Rafael and the City of Novato for the operation of the Hamilton Pool complex. She explained that the City of Novato had been operating the Hamilton Pool since 1996 and for ten of those years, the Marin YMCA was contracted to provide aquatics programming and public swim services at the site. The pool was built in 1930 to serve the air base and survived until the City of Novato decided to rebuild it. Ms. McCart reported that the site had views, attractive landscape amenities, a large main pool and an activity pool and would be a major attraction for the entire Marin County community. She congratulated the City of Novato for a job well done. Starting discussions last year regarding ways in which the San Rafael Community Services and the Novato Parks, Recreation and Community Services departments could join efforts to share staff, programming and resources with the goal of saving money and reaping mutual benefit, Ms. McCart reported that they had not had serious discussions regarding the operation of the Hamilton Pool until January, 2010. At that time the City of Novato had concluded that a successful partnership could not be obtained this year with a private contractor to run the Hamilton Pool; therefore, for this year they were interested in having discussions with San Rafael concerning extending services at the Terra Linda Community Pool to the Hamilton site. Ms. McCart stated that, based on the success at the Terra Linda Community Pool, current circumstances with staff and having deep experience, staff was confident in sharing those services with the City of Novato. She reported that two managers were experienced aquatics programmers — Debbie Younkin, Terra Linda Community Center Supervisor, complemented by Steve Mason, Pickleweed Community Center Supervisor, who had recently worked for the City of Novato. Ms. McCart reported that San Rafael was also fortunate to have Kathryn Reisinger, with 4 CC 05-03-2010 nine years of aquatics experience, returning this year as seasonal/part-time pool manager. Ms. Reisinger's capacity with the Terra Linda Community Pool would be complemented by the extra work she would perform at the Hamilton Pool. Ms. McCart stated that thanks to a vigorous training and certification program a number of mature and experienced lifeguards and water safety instructors were on staff. Positive consequence of the current economy were that employees returned after many seasons working for San Rafael; therefore, a good depth of staffing would be in place to create a basic program for the City of Novato, although not as extensive as Terra Linda. Ms. McCart explained that this one-year agreement called for San Rafael to open and manage the Hamilton Pool. Staff estimated that operation of the complex would cost San Rafael $147,000 for the abbreviated May through first part of September season and Novato had agreed that San Rafael retain all revenues generated by the pool this year. She believed revenues could be in the region of $155,000, which would yield a small profit. Ms. McCart explained that because of the short period of time in which to obtain approvals from both cities, coupled with the fact that should there be hesitation by San Rafael, Novato would need to find another operator, staff requested approval from the San Rafael City Council this evening. Ms. McCart stated she was joined this evening by Pam Shinault, Director of Parks, Recreation and Community Services, City of Novato, as well as Debbie Younkin, Terra Linda Recreation Supervisor, and Kathryn Reisinger, Pool Manager. She indicated that Deputy City Attorney 11, Lisa Goldfien, was instrumental in formulating the agreement and expressed appreciation for the time she spent on the issue. Councilmember Connolly stated this agreement appeared somewhat unique in terms of shared services agreements, noting the agreement with Larkspur also provided coverage to a flank of San Rafael. Beyond the worthwhile goal of developing some goodwill with the City of Novato, he inquired as to the benefit for San Rafael. Ms. McCart stated that San Rafael's talented staff would be offered additional experience and more hours, thereby retaining qualified employees. While hopefully a small profit would be realized, more importantly, it could be possible to pay for some administrative time this summer. Councilmember Levine inquired whether the City of Novato was marketing the pool to its residents. Ms. McCart explained that San Rafael would be marketing the fact that Hamilton Pool was open. Website registration would be available for swim lessons and programs, and minimal marketing materials would be distributed. Pam Shinault, Community Services Director, City of Novato, explained that Novato would conduct similar marketing and advertising. She reported a lot of pent up demand because of the pool being closed for over a year and a lot of excitement, not just in the immediate neighborhood. Operating the pool previously under the YMCA partnership it was found that 75% of users were Novato residents with a further 25% from outside the area, and she believed this would increase because of very unique features at the facility. Website and television announcements would feature the pool and a ribbon -cutting ceremony would attract media coverage. Ms. Shinault stated that historically the facility was well used, the community appreciated it and when word got out in the immediate neighborhood it would spread quickly. Indicating the partnership was unique for the City of Novato, she stated they looked forward to working with San Rafael staff. She noted the issue would be before the Novato City Council on May 11, 2010. Councilmember Brockbank thanked Ms. McCart and Ms. Shinault for their work, commenting it appeared to be a win-win situation. Noting a recent upsurge in negative comments towards government employees, he believed this proposed agreement confirmed that city employees rather than a private entity, could bring the operation of a new public swimming pool to the community and this point needed to be publicized.. Regarding the Fire Department partnership, Councilmember Brockbank stated San Rafael employees' services were sold to a nearby town. In this instance Kathryn Reisinger would be employed half-time by San Rafael and half-time by the City of Novato and he inquired as to the difference. Ms. McCart explained that as a part-time employee, services could be utilized for a maximum of 980 hours annually and working more that number of hours meant the employee would no longer be in the part-time/seasonal category. Councilmember Brockbank confirmed that it would cost less than half to be a half-time employee. CC 05-03-2010 With regard to the term of the agreement, Councilmember Brockbank inquired whether it was reasonable to believe this could be an ongoing situation, or whether the City of Novato would train their own staff. Ms. McCart stated it would be necessary to ensure it was mutually beneficial for both cities. She could not speak for the City of Novato and their future plans for the operation of their pool. She stated it was important to note that San Rafael was not expanding staff beyond this year's needs and commitments to staff were seasonal. While he applauded this partnership and collaboration, Councilmember Brockbank inquired whether future partnerships could be structured to avoid any risk to the City. Mayor Boro stated that should there be a partnership next year, the situation could be re-evaluated. Mayor Boro expressed thanks to Ms. McCart for her work on this issue. To the City of Novato he stated this was something good to do in times of struggling with different issues, adding that cities helping each other was important. He agreed to a point with Councilmember Brockbank on risk; albeit if it existed it was minimal. Mayor Boro believed that in the long term San Rafael would not only have a good result from the relationship with the City of Novato but the residents of Hamilton would look at San Rafael in a different light. Kevin Moore stated it appeared as though San Rafael was assuming all the financial risk. He liked the idea of sharing resources; however questioned why it was not at least a 50:50 arrangement. He also questioned the liability aspect. Regarding insurance liability Ms. McCart reported that the agreement was crafted to have shared liability and mutual indemnification. On the operations side San Rafael would be responsible for anything that happened as a result of daily programming, while Novato retained liability for maintenance and the physical plant. City Attorney Robert Epstein directed Council to Pages 7-8 of the proposed agreement where the indemnification and hold harmless provisions were set forth, as well as the insurance provisions, reflecting San Rafael's self- insured retention amount and its Memorandum of Coverage with its Joint Powers Insurance Authority, and similar coverage carried by the City of Novato. Ms. McCart confirmed for Mayor Boro that all staff, management and aquatic staff would be City of San Rafael employees. The only person on site employed by the City of Novato would be the seasonal/part-time pool manager Mayor Boro inquired as to the reason San Rafael was named first. City Attorney Robert Epstein explained there was a cross indemnification provision where the City of Novato would indemnity the City of San Rafael for acts that would cause liability and vice versa. Both parties were providing insurance coverage and listing the other party as an additional insured on the Memorandum of Coverage and it just so happened that San Rafael was listed first. Councilmember Heller moved and Councilmember Levine seconded, to adopt the resolution: RESOLUTION NO. 12950 — RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT FOR THE PROVISION OF AQUATIC PROGRAM SERVICES BY THE CITY OF SAN RAFAEL TO THE CITY OF NOVATO AT THE HAMILTON POOL COMPLEX AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY MANAGER'S REPORT: 10. City Manager Ken Nordhoff invited Chief of Police Matt Odetto to share what was being done in response to some activities encountered recently in the community, together with preparations being made for the spring and summer months. He indicated he would then defer to City Attorney Epstein who had an announcement to make based on his attendance at a recent event. CC 05-03-2010 Police Activities in San Rafael: - File 9-3-30 Chief of Police Matt Odetto reported that in the last few months there had been a marked increase in violent crimes and assaults throughout the City, most specifically the unfortunate incident last week of a homicide determined to be gang related. He stated that Police Department staff was developing a strategic plan to deal with this issue, and the issue of gang violence. In the past two months a series of things had been done to hopefully circumvent some of the violence taking place in the community, one of which was the gang sweep carried out a month ago. Teaming up officers from the Probation Department and San Rafael, approximately thirty probation searches were conducted, some of which yielded weapons and drugs and resulted in three arrests. Chief Odetto reported that all crews were working extremely hard on the recent homicide. Chief Odetto explained that gang -related violence was somewhat difficult to investigate due to the fact that gangs wanted to deal with the issue themselves and nobody wanted to be labeled an informant. He indicated that in running statistics for 2009 and 2010 it was noted that street robberies had increased by 120% in the Canal area (beat 3), which was gang related. He explained that aggravated assaults - very violent crimes — took a considerable amount of resources to investigate. Noting the recent budget cuts and recognizing the need for staff reductions, Chief Odetto stated that in this case staff was evaluating augmenting patrol staffing, Investigations and the Directed Patrol Unit. The primary goal was to get the gang situation to a comfortable place. Currently tensions were high in the Canal area and this situation needed to be dealt with in a direct and forthright manner. Chief Odetto stated that staff had been working on a strategic plan for the past two days and had generated some good concepts, which he would share at a future date. Chief Odetto stated that with the recent violent crimes there was unwillingness in the community to come forward. He believed in a community approach to solve the issues, including inviting key members and stakeholders in the Canal and other areas of the City to assist in generating a resolution. Noting a lot of violence in the Bay Area, country and world, Mayor Boro stated that community meetings are often held subsequent to a lot of things having happened; therefore, he suggested a community meeting be scheduled, especially in the Canal neighborhood, as soon as possible. Chief Odetto stated he had discussions on Saturday, May 1, 2010, with Douglas Mundo from the Canal Welcome Center, who agreed along with the Canal Alliance and Concilio, to work with the Police Department on the issue. Councilmember Connolly stated it was his sense that this problem was not just coming onto the radar now. He reported having spoken with police staff recently who were well aware of the issue of gang violence in San Rafael and who had specific strategies in mind to deal with the situation. He concurred with Mayor Boro about making the community aware that the Police Department had been addressing and would continue to address the issue, receive input and consider additional steps. Using the Marin County Fair as an example, Mayor Boro stated that all fairs had great concern about gangs. A great partnership existed between the City of San Rafael, Marin County and other jurisdictions covering the fair. Noting gang members frequent the fair Mayor Boro believed it imperative that it remained safe, which was achieved by a strong police presence. He stated it was important for people in the entire community to understand that the Police Department was proactive and dealing with the issue. Having attended a San Rafael Citizens' Police Academy 12 years ago, Kevin Moore stated that at that time there were no established gangs in San Rafael and the police indicated their number one priority was to prevent gangs; however, eventually they infiltrated. Noting two shootings in San Rafael so far this year, Mr. Moore reported that approximately three weeks ago the S.W.A.T. team went through his neighborhood looking for burglars. He commented that 12 years ago, Terra Linda was known as the "no doze patrol" because there was nothing going on there and it was a matter of the police staying awake while on patrol. He believed crime and gangs were creeping into the City which needed to be dealt with, and he expressed thanks to the Police Department. Councilmember Brockbank stated it was important to note that: a) the City Council had complete confidence in the Chief of Police and Police Force; and b) there had been a growing gang problem in the country for many years; however, the important message to keep in mind was that San Rafael was doing a very good job of keeping this activity under control. CC 05-03-2010 Villa Marin Twentv-Fifth Anniversarv: - File 9-3-16 City Attorney Robert Epstein stated he was pleased to report having had the opportunity to attend the Founders Day Twenty -Fifth Anniversary celebration of the Villa Marin facility in Terra Linda. He was invited by a resident of Villa Marin to attend and believed he was attending in the capacity of the son of that resident. Noticing an announcement in the Marin Independent Journal that he would be attending along with Senator Leno and Supervisor Adams, he indicated he was very excited at the opportunity to be present. Subsequent to Senator Leno reading a wonderful proclamation he, Mr. Epstein, had the pleasure for the first time of reading a proclamation on behalf of the City of San Rafael naming Thursday, April 1 "Villa Marin Day" in San Rafael. Mr. Epstein commented that while he believed it was not the next best thing to having Mayor Boro present, he was very happy to serve in that role and represent the City. Mayor Boro stated he could not attend the celebration due to his granddaughters' performances in a play that night, and he thanked Mr. Epstein for being there. COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense) 11. Association of Bav Area Governments (ABAG): - File 111 x 9-1 Reporting on his attendance at the recent Association of Bay Area Governments (ABAG) meeting, Councilmember Brockbank stated there was a vote by approximately 95% of those in attendance to stay the course on AB 32 and SB 375 despite the policy committees of the League of California Cities recommending that the board consider putting those measures on hold. He noted Supervisor Steve Kinsey spoke at the event and conducted some pop quizzes relating to sea level. Leaque of California Cities — North Bay Division Dinner: - File 9-11-1 x 9-1 Councilmember Brockbank reported that he and Councilmember Levine attended the League of California Cities, North Bay Division, dinner last week where the topic was medical marijuana and the November ballot measure. He complimented the City Attorney's office for keeping the City Council well informed on the issue. Looking ahead he believed that if the measure passed, the world would be very different. Mr. Epstein stated that Deputy City Attorney Lisa Goldfien had been following those cases closely and deserved the credit. There being no further business, Mayor Boro adjourned the City Council meeting at 9:31 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2010 MAYOR OF THE CITY OF SAN RAFAEL CC 05-03-2010