HomeMy WebLinkAboutCC Minutes 2011-09-06IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, Tuesday, September 6, 2011
Regular Meeting
San Rafael City Council
Present: Mayor Boro
Vice -Mayor Brockbank
Councilmember Connolly
Councilmember Heller
Councilmember Levine
Absent: None
OPEN SESSION - COUNCIL CHAMBERS - 6:30 PM
Mayor Boro announced Closed Session items.
MINUTES
Also Present: Jim Schutz, Assistant City Manager
Robert F. Epstein, City Attorney
Esther Beirne, City Clerk
CLOSED SESSION - CONFERENCE ROOM 201 - 6:30 PM
2. Closed Session:
a) Conference with Legal Counsel - Existing Litigation
Government Code Section 54956.9(A)
Case Name: Keep it Local San Rafael v. City of San Rafael
Marin Superior Court Case # CIV1102978
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
City Attorney Robert Epstein announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE - 8:00 PM
Barry Taranto addressed a recent police incident downtown and indicated he supported baseball at Albert
Park.
Ellen Jacobson discussed a smoke-free ordinance in multi -unit apartment complexes.
CONSENT CALENDAR:
3. Consent Calendar Items:
a. Approval of Minutes of City Council Meeting of August 15, 2011 (CC)
Minutes 8/15/11
Minutes approved as submitted.
b. Call for Applications to Fill One, Four -Year Alternate Term on the Design Review Board -
Term to Expire End of June, 2015 (CC) — File 9-2-39
DRB Alternate Position
Approved staff recommendation:
Called for applications to fill the alternate position on the Design Review Board
Deadline for applications - Tuesday, September 27, 2011
Interviews to be scheduled for a Special City Council meeting on October 3, 2011
C. Resolution Approving and Authorizing the City Manager to Execute the Three Lease
Agreements with the San Rafael School District for the Rental of Land at the Coleman,
Glenwood and Venetia Valley School Sites (CS) File 4-7-33
School District Lease Agreements
RESOLUTION NO. 13230 — RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE THREE LEASE AGREEMENTS WITH THE SAN RAFAEL SCHOOL DISTRICT FOR
THE RENTAL OF LAND AT THE COLEMAN, GLENWOOD AND VENETIA VALLEY SCHOOL SITES, IN
THE FORM ON FILE WITH THE CITY CLERK AND ATTACHED TO THE AGENDA REPORT
d. Resolution Proclaiming September 2011 as National Preparedness Month in the City of
San Rafael (MS) — File 102 x 13-11
National Preparedness 2011
RESOLUTION NO. 13231 — RESOLUTION PROCLAIMING SEPTEMBER 2011 NATIONAL
PREPAREDNESS MONTH
e. Resolution Joining the National Moment of Remembrance of the 10th Anniversary of
September 11th Terrorist Attacks (MS) — File 13-11
September 11 Remembrance
RESOLUTION NO. 13232 — RESOLUTION JOINING THE NATIONAL MOMENT OF REMEMBRANCE
OF THE 10TH ANNIVERSARY OF SEPTEMBER 11
Resolution Approving Use of State Cops Program Supplemental Services Funds During
2011/2012 in the Amount of $100,000 for Community Oriented Policing (PD) — File 9-3-30
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State Cops Program
RESOLUTION NO. 13233 — RESOLUTION APPROVING USE OF STATE COPS PROGRAM
SUPPLEMENTAL SERVICES FUNDS DURING 2011/2012 IN THE AMOUNT OF $100,000 FOR
COMMUNITY ORIENTED POLICING
g. Resolution Authorizing the Temporary Closure of Ritter Street from Lincoln Avenue to
Third Street, September 17, 2011 from 9:00 a.m. - 5:00 p.m. to Support Goodwill - Ritter
Center Partnership Donation Drive / SOS Marin (RA) — File 11-19
Ritter Street Closure
RESOLUTION NO. 13234 — RESOLUTION AUTHORIZING CLOSURE OF RITTER STREET FROM
LINCOLN AVENUE TO THIRD STREET FOR THE GOODWILL AND RITTER CENTER PARTNERSHIP
DONATION DRIVE SOS MARIN ON SEPTEMBER 17, 2011 — 9:00 AM — 5:00 PM
h. Resolution Approving the Reclassification of One Human Resources Representative
Position to a Human Resources Coordinator (MS) — File 9-3-86
HR Reclassification
RESOLUTION NO. 13235 — RESOLUTION TO APPROVE THE RECLASSIFICATION OF ONE HUMAN
RESOURCES REPRESENTATIVE POSITION TO A HUMAN RESOURCES COORDINATOR
Councilmember Levine moved and Councilmember Brockbank seconded to approve the Consent
Calendar.
AYES: Councilmembers: Brockbank, Connolly Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
SPECIAL PRESENTATIONS:
4. Special Presentations:
a. Presentation of Proceeds of "The Spirit of San Rafael" Night at AT&T Park to the Heads Up
San Rafael Public Education Foundation (RA)
Mayor Boro presented replica of check for $800 to Maika Llorens Bulati, Executive Director, Heads Up
San Rafael Public Education Foundation
Brian Auger , Events Coordinator
Dr. Harriett McLean, Principal Davidson Middle School
b. Presentation by Jon Friedenberg, Chief Fund and Development Officer for Marin General
Hospital (CM)
Jon Friedenberg
Councilmember Connolly
Councilmember Brockbank
Jon Friedenberg
Councilmember Heller
Jon Friedenberg
OTHER AGENDA ITEMS:
5. Other Agenda Items:
a. Hearing on Cross Appeals of Arbitrators' Decisions on Five Petitions Dated Variously
2006-2010 Filed by Equity Lifestyle Properties, Inc. to Pass Through Capital Expenditures
at Contempo Marin Mobile Home Park (CA) — File 13-7-1
Contempo Marin
Robert Epstein, City Attorney
Lisa Goldfien, Deputy City Attorney II, presented the staff report.
Gordon Atkinson, Attorney representing the Contempo Marin Homeowners' Association made a
presentation.
Elliott Bien, Appellate Attorney representing Equity LifeStyle Properties, discussed the related ordinance.
Councilmember Brockbank
Elliott Bien
Councilmember Brockbank / Elliott Bean
Councilmember Connolly / Elliott Bien
Gordon Atkinson
Keith Meloney, President, Contempo Marin Homeowners' Association.
Councilmember Brockbank
Lisa Goldfien
Councilmember Brockbank
Lisa Goldfien
Mayor Boro -
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1) 2006 Petition - $13,295 Sidewalk Work - Homeowners Association withdrew protest.
2) 2006 Petition - $2,807.25 Hot Tub Heater
Councilmember Brockbank
Councilmember Levine
Neil Moran, Attorney representing Equity LifeStyle Properties
Councilmember Levine / Neil Moran
Councilmember Heller
Councilmember Connolly
Councilmember Levine
Mayor Boro
Councilmembers Levine / Connolly / Brockbank
Mayor Boro - Arbitrator's Award Upheld
3) 2008 Petition - $4,800 Sewer Check Valves
4) 2008 Petition - $1,456.71 Sewer Lift Station
Lisa Goldfien
Mayor Boro
Lisa Goldfien
Councilmember Heller
Neil Moran
Gordon Atkinson
Councilmember Connolly
Gordon Atkinson
Mayor Boro
Councilmembers Brockbank / Levine
Mayor Boro
Neil Moran
Councilmembers Connolly / Heller / Mayor Boro
Arbitrator's Award Upheld
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5) 2009 Petition - $24,271.80 Sewer Pump Repair:
Councilmember Brockbank
Neil Moran
Mayor Boro
Gordon Atkinson
Councilmember Brockbank / Lisa Goldfien
Councilmember Connolly / Mayor Boro / Councilmember Heller
Neil Moran
Councilmember Brockbank / Neil Moran
Gordon Atkinson
Councilmember Levine / Mayor Boro / Councilmember Heller
Lisa Goldfien
Councilmember Levine / Mayor Boro
2009 Petition - $24,271.80 - Amount Rejected
Mayor Boro
6) 2009 - Petition - $4,295 New Pool Heater:
Lisa Goldfien
Gordon Atkinson
Neil Moran
Gordon Atkinson
Neil Moran
Councilmember Brockbank
Neil Moran
Lisa Goldfien
Mayor Boro
Councilmembers Heller / Brockbank / Connolly / Levine
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Lisa Goldfien
Ms. Goldfien summarized as follows:
1) 2006 Petition - $13,295 Sidewalk Work - withdrawn
2) 2009 Petition - $2,807,25 Hot Tub Heater - qualified as Capital Replacement
3) 2008 Petition - $4,800.00 Sewer Check Values - 4) 2008 Petition - $1,456.71 New Sewer Lift Station -
Majority of Council believed these were properly grouped together and qualified as Capital Replacements
5) 2009 Petition - $24,271.80 Sewer Pump Repair - Council majority decided this should not be allowed
as the evidence showed it was ordinary maintenance
6) 2009 Petition - $4,295 New Pool Heater - Council majority agreed the components were part of one
project and should be considered a Capital Replacement
Mayor Boro stated that with regard to 5) his issue was not that it was ordinary maintenance, rather the
fact that the arbitrator did not state this was a capital item being replaced via a rebuild, versus a
purchase. She used the 2006 decision and no one was disputing the fact that she indicated it was a large
amount and therefore, should be approved.
Mayor Boro
Lisa Goldfien stated that staff would return with a resolution incorporating the City Council's individual
decisions; therefore, this would affect the total amounts. The remaining issue for Council to decide was
the interpretation of the ordinance, whether, as argued by the homeowners, the capital expenditures
could only be passed through if a showing was made that it was necessary for the park owner to obtain a
fair and reasonable return on their investment. This apparently was not what the Council did in 2006.
Mayor Boro stated it appeared that to arbitrarily change the process that had been in place did not
necessarily make it precedent setting and he inquired whether the ordinance would need to be amended
to do something different.
Lisa Goldfien clarified that the City Council concluded in 2006 that the intention and effect of the
ordinance was that Capital Expenditures were to be treated differently than base rent increases in the
rent increase process. At that time the City Council interpreted the ordinance as essentially providing for
a different treatment for Capital Expenditures which was that they be passed through without the fair
return hearing requirement.
Councilmember Heller / Lisa Goldfien - Ms. Goldfien clarified that the parties were requesting that the City
Council either affirm the interpretation the City Council made in 2006 or state they would change that
interpretation this evening. Councilmember Heller indicated she would like to uphold the position taken at
that time. She noted however, that in no way could this City Council tell a future City Council what to do.
Mayor Boro concurred.
Councilmember Connolly concurred. While not bound by a previous City Council's action, in reviewing
the materials he believed some weight needed to be given to consistency; however, should the current
City Council consider the prior decision wrong, they had every obligation to change it. In this case, on
balance, he agreed with that interpretation and believed there was a distinction between capital
improvement and replacement under the statutory scheme, as compared to ordinary adjustments of rent.
He noted that within the definitions of capital replacement and improvement the concept of reasonable
and necessary was built in and it must be for the benefit of the homeowners. Councilmember Connolly
continued to discuss the issue.
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Councilmember Levine stated he felt good about this evening's outcome and would support the City
Council's decisions. The City Council had aired how the process could be greatly improved through
communication of what the park owners intended to do into the future; this should include both
consultation and the drafting of a long-range plan on how to deal with infrastructure needs and costs, so
that tenants would be aware of improvements and costs. He commented that this plan should not be
charged as a capital improvement to the tenants.
Councilmember Brockbank stated that ultimately, reluctantly, and with some frustration he would come
down on the side of coming to the same conclusion as the 2006 City Council on the reasonableness
standard and fair return hearing. Councilmember Brockbank discussed the issue further.
Referring to the disputed items and the withdrawn disputed item, Robert Epstein stated the total
approved by the City Council this evening was $26,653.96. Item #5 - $24,271.80 - was disallowed. He
stated that the City Council should indicate their decision on how the amount approved should be paid.
Councilmember Connolly recommended that this be paid over twenty-four months.
Lisa Goldfien clarified that the $26,653.96 was in addition to the other items awarded by the arbitrator.
Councilmembers Heller, Brockbank and Levine concurred with the twenty-four month payment period.
Concurring, Mayor Boro noted that with five years worth of work to catch up on, twenty-four months
made sense.
Lisa Goldfien stated staff would prepare a resolution for adoption at the City Council meeting of
September 19, 2011.
Robert Epstein stated the resolution would be a Consent Calendar item and even though there was not
unanimity on all items presented, the resolution would reflect the majority decision on all items in total.
Councilmembers who voted "no" on an item should not feel they could not vote for the entire resolution on
a Consent agenda.
Councilmember Brockbank / Robert Epstein - inquired whether it was fair to say that councilmembers
would be voting on the consensus of the City Council. Mr. Epstein responded that although staff still had
to draft the resolution, he believed that was how it would be approached.
Mayor Boro thanked all for their patience and input and noted the City Council had tried to be as fair as
possible to both parties.
PUBLIC HEARING
6. Public Hearing:
a. Consideration of Ordinance Enacted Pursuant to Health and Safety Code Section 34193 to
Elect and Implement Participation by the City of San Rafael and the San Rafael
Redevelopment Agency in the Voluntary Alternative Redevelopment Program Pursuant to
Part 1.9 of the California Community Redevelopment Law (RA) — File 140 x (SRRA) R-140
XIX
Voluntary Alternative Redevelopment Program
Stephanie Lovette, Interim Economic Development Director, presented the staff report.
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Councilmember Heller inquired as to how much would need to be paid to the state on an ongoing basis
subsequent to this first year.
Stephanie Lovette stated this would be $70,000 per annum.
Mayor Boro declared the public hearing opened and there being no comment from the audience, he
closed the public hearing.
The title of the ordinance was read.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ENACTED PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34193 TO ELECT AND IMPLEMENT PARTICIPATION BY
THE CITY OF SAN RAFAEL AND THE SAN RAFAEL REDEVELOPMENT AGENCY IN THE
VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF THE
CALIFORNIA COMMUNITY REDEVELOPMENT LAW
Councilmember Heller moved and Councilmember Brockbank seconded, to dispense with the reading of
the ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1899 to print, by
the following vote, to wit:
AYES: Councilmembers: Brockbank, Connolly, Heller, Levine, Mayor Boro
NOES: None
ABSENT: None
CITY MANAGER'S REPORT:
7. City Manager's Report - None
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (includinq AB 1234
Reports on
8. Councilmember Reports - None
ADJOURNMENT - 11:05 PM
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 12011
ALBERT J. BORO, Mayor
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