Loading...
HomeMy WebLinkAboutCC Minutes 2004-04-05 SRCC Minutes (Regular) 04/05/2004 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 5, 2004 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Cyr N. Miller, Vice-Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, 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: 8:11 PM None Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Special and Regular Minutes approved as submitted. Meetings of Monday, March 15, 2004 (CC) 2. Summary of Legislation Affecting San Rafael Approved staff recommendation: S. 2084. Internet Tax Ban – 2-Year (CM) – File 116 x 9-1 Extension. U.S. Senators Alexander and Carper - SUPPORT 3. Accepting Findings and Recommendations of a Accepted report. Seismic, Modernization and Deferred Maintenance Study of City Owned Facilities Conducted by Group 4 Architecture, Research and Planning, Inc. (CM/PW) – File 4-3-412 x 12-1 x 12-2 x 12-3 x 12-15 x (SRRA) R-446 4. Feasibility Study for the Possible Expansion of Accepted Feasibility Study report. the San Rafael Public Library (Lib) – File 4-3-414 x 9-3-61 5. Monthly Investment Report for Month Ending Accepted Monthly Investment Report for month ending February 2004, as February 2004 (MS) – File 8-18 x 8-9 presented. 6. See Old Business Item #11) 7. Resolution Accepting a Proposal from RESOLUTION NO. 11523 – RESOLUTION ACCEPTING A CSW/Stuber-Stroeh for Design Services for PROPOSAL FROM CSW/STUBER- Improvements to Kerner Boulevard and STROEH ENGINEERING GROUP, Francisco Boulevard East (Rossi) Pump Stations, INC. FOR DESIGN SERVICES FOR and Authorizing the Director of Public Works to IMPROVEMENTS TO KERNER Execute the Professional Services Agreement BOULEVARD AND FRANCISCO (PW) – File 4-3-430 x 9-3-40 BOULEVARD EAST (ROSSI) PUMP STATIONS AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT, NOT TO EXCEED $133,216 SRCC Minutes (Regular) 04/05/2004 Page 1 SRCC Minutes (Regular) 04/05/2004 Page 2 8. Resolution of Appreciation to Peacock Garden RESOLUTION NO. 11524 – RESOLUTION OF APPRECIATION TO Club (PW) – File 102 x 109 THE PEACOCK GARDEN CLUB AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Mayor Boro (from item #1 only, due to absence from meeting) PUBLIC HEARING: 9. DRAFT WIRELESS COMMUNICATION FACILITIES ORDINANCE; CONSIDERATION OF REQUEST FOR ADOPTION OF A NEW ZONING ORDINANCE CHAPTER TO PROVIDE STANDARDS FOR DEVELOPMENT OF NEW WIRELESS COMMUNICATION FACILITIES IN SAN RAFAEL AND APPROVAL OF A NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); CITYWIDE APPLICATION; CITY OF SAN RAFAEL, APPLICANT (CD) – FILE 10-3 x 10-2 x 13-11 Mayor Boro declared the public hearing opened and announced he was recusing himself from this item as he had financial interests in communications companies that could be affected by this ordinance. Stating Vice-Mayor Miller would conduct the public hearing, Mayor Boro left the Council Chambers. Principal Planner Kristie Wheeler stated this was the Wireless Communication Facilities Ordinance which Council directed staff to prepare a couple of years ago. She indicated that Lisa Newman, Planning Consultant for the City of San Rafael, prepared the ordinance in consultation with Greg Stepanicich, Legal Counsel, and Doctor Jerry Bushberg, Health Consultant. Ms. Wheeler stated that Ms. Newman would make a brief presentation and Mr. Stepanicich and Dr. Bushberg were both present to answer questions. Lisa Newman reported that the ordinance preparation process set in motion by the City Council a few years ago had the purpose of providing the City with a comprehensive set of standards to regulate the design and placement of new wireless communication facilities. A consultant team was assembled to work with City staff on ordinance preparation and Ms. Newman reported that ordinances from eight other Bay Area jurisdictions were considered to ascertain what worked in those communities. She stated that two noticed public workshops were held to solicit preliminary ideas for the ordinance, and also to obtain feedback on the initial approach to a draft ordinance. Ms. Newman stated they met many times with City staff to review ideas as they developed. A Draft Initial Study and Negative Declaration were prepared, concluding there were no potential environmental effects from adoption of the ordinance. She indicated that the Design Review Board met and considered the ordinance on February 3, 2004 and along the way, a number of calls and inquiries were fielded from interested members of the public. Ms. Newman reported that on March 17, 2004, the Planning Commission considered the ordinance and Negative Declaration at a public hearing and made a number of suggestions to staff for some editorial changes to the ordinance, and then voted to recommend approval by the City Council. She indicated that these changes, along with a few additional edits staff believed were in order, were reflected in the version of the ordinance before Council this evening in two ways: in the strikeout and underline version immediately following the staff report, and in the formal version of the ordinance to be adopted this evening, i.e., the clean version – Exhibit A. Ms. Newman stated that Greg Stepanicich would reference one additional change to be made to the ordinance. This pertained to one of the implementing procedures, which involved ongoing review of the RFR (Radio Frequency Radiation) of the approved facilities. In addition to the specific language change to be suggested by Mr. Stepanicich, Ms. Newman clarified the intention of that section, that on a three-year basis, the City would institute a procedure for these facilities to be tested, was to involve all permanent facilities, i.e., those that had received permits before this ordinance was adopted and those coming after. Concluding, Ms. Newman reported that to date, one comment letter had been received; otherwise, as indicated, ongoing discussions took place with citizens and providers. She indicated that the specific comment from Cal Com Systems, Inc., to include reference to reasonable fees for that ongoing testing had been incorporated as one of the changes to the ordinance. Mr. Stepanicich suggested a minor change be made on page 15 of the ordinance, which related to the Three-Year Review. He explained that every three years, a measurement of the radio SRCC Minutes (Regular) 04/05/2004 Page 2 SRCC Minutes (Regular) 04/05/2004 Page 3 emissions from all wireless facilities would be conducted. He stated that the original draft indicated there would be an agreement entered into with each of the owners/operators of these facilities. However, further discussions with staff favored waiting to ascertain whether it should be an agreement or a fee schedule for reimbursement of cost, and for that reason, they suggested removing the language “enter into an agreement.” The new language would read: “The City will notify all owners/operators of wireless communication facilities every three years that they shall participate in the measurement by the City of the RFR of the facility.” Mr. Stepanicich stated that in this way, once again subsequent to the ordinance going into place and the owners/operators consulted, staff could determine whether or not to obtain the reimbursement cost through a fee schedule or by separate agreements with each of the owner/operators. Vice-Mayor Miller requested clarification on the page number for this revision. Mr. Stepanicich stated this was page 15, N.2. entitled “Three-Year Review.” He explained the first sentence would be revised to delete the reference to entering into an agreement, instead simply requiring that all owner/operators participate in the measurement by the City. Mr. Stepanicich stated this afforded somewhat more flexibility in deciding how to implement the reimbursement requirement. Councilmember Cohen inquired whether the ordinance as written regulated the type of wireless communication that applies to personal computer networks. Ms. Newman inquired whether these were personal computers internal to a specific building or entity. Councilmember Cohen explained there were a number of coffee shops in downtown San Rafael presently offering wireless network for access to the Internet from laptops equipped to receive the signal, with an antenna broadcasting inside. He indicated that increasingly, communities are talking about creating hot spots with areas for set up, and in fact, some public entities had sponsored the establishment of antennas for the purpose of computer networking to allow access to the Internet. Councilmember Cohen inquired whether this type of antenna was covered by this ordinance. Ms. Newman stated she would invite Doctor Bushberg to comment further and drew Council’s attention to Exhibit A - pages 7 and 8 – E. Exemptions – 1, 2 and 3, which indicated that certain facilities were exempt. Regarding public agency facilities she quoted from the ordinance: “Proposed facilities that would be located entirely within a building and only serve that building.” Councilmember Cohen stated this language was not entirely clear since signals do not follow a nice rectangular pattern and stop at the boundaries of the building; therefore, if it were possible to pick up a signal on the sidewalk outside the building, he inquired whether this exemption applied. Having looked at the definition of “Wireless Communication Facilities” and seeking clarification, he indicated that while it does not call out wireless computer networks, it does not specifically include them. Councilmember Cohen stated it refers to “personal communication services” and one could argue that e-mail is a personal communication service. While he was unsure whether it was necessary to regulate this type of wireless communication, he believed language should be adopted to indicate the City’s position. Doctor Jerry Bushberg explained that this ordinance was specifically directed towards personal communication services, defined by the FCC (Federal Communications Commission) to relate to cellular, masts, towers, and facade mounted facilities for mobile phone communications. He indicated there was not an intent at the beginning or during discussions to incorporate local wireless networks such as exist inside particular buildings for the purposes of low power connection to an Internet from a WI-FI card, laptop computer or other type of palm device. Doctor Bushberg stated these were ultra low power devices and the possibility of having exposure close to or exceeding the FCC guidelines for those frequencies was extremely remote; therefore, early on in the deliberations it was considered that these would not be included. He noted that sometime in the future as wireless technology further developed, higher power systems for other purposes might be deployed, in which case that section might need to be revisited; however, it was not envisioned in the initial crafting of this ordinance. Councilmember Cohen inquired whether this was referenced anywhere in the ordinance, other than perhaps being part of the record. Doctor Bushberg stated that personal communication services is defined by the FCC. The term is not generic and has a specific definition. Councilmember Cohen noted the ordinance stated it was defined by the FCC and addressed pagers, cellphones, etc. Doctor Bushberg stated it also addressed frequency allocations, etc. The FCC had defined the SRCC Minutes (Regular) 04/05/2004 Page 3 SRCC Minutes (Regular) 04/05/2004 Page 4 meaning of the term, with which they concurred. Mr. Stepanicich stated the danger of getting too specific on definitions was that trying to deal with changing circumstances over time becomes somewhat of a challenge. He stated his sense would be not to further change the definition at this point in time, rather rely upon the FCC definitions on the type of facilities being attempted to be regulated. For the record, Councilmember Cohen stated he had a WI-FI network in his home and was not averse to this technology. His concern was that should the ordinance be adopted and subsequently someone reported the installation of a wireless network for laptops in a coffee shop they frequented, questioning why the City did not regulate that. He stated he would like it to be clear and would be satisfied to at least refer to the minutes of this evening’s discussion to clarify that it was not the City’s intention to regulate that under this ordinance. Councilmember Heller indicated her questions related to the three-year review, with which she received assistance, as it was somewhat confusing. She noted the Cal Com Systems’ letter indicated that the City would notify all owners/operators of wireless communication facilities every three years, and she questioned whether this was the City’s responsibility, whether the process had been planned for, and whether a fee would be collected for it. Kristie Wheeler reported that she and Lisa Newman had begun discussions as to the implementation of this part of the ordinance. She stated that at this point there was only a handful of providers and staff did have an inventory of existing facilities compiled over the years, which would be utilized together with the information already available. Ms. Wheeler stated the costs of notification and testing would be passed on. There being no comment from the audience, Vice-Mayor Miller closed the public hearing. Councilmember Cohen commended staff and the consultants for what had been quite a contentious issue. He stated it spoke to some good work that it was not a contentious issue before the City Council. He noted the ordinance was clear and it could be presumed that the public was comfortable with it, otherwise they would be in attendance to indicate they were not. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution. a) RESOLUTION NO. 11525 – RESOLUTION ADOPTING A NEGATIVE DECLARATION FOR THE PROPOSED WIRELESS COMMUNICATION FACILITIES ORDINANCE AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Vice-Mayor Miller NOES: COUNCILMEMBERS: None ABSENT/ DISQUALIFIED: COUNCILMEMBERS: Mayor Boro, (due to potential conflict of interest) b) The title of the Ordinance was read: “ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADOPTING A WIRELESS COMMUNICATION FACILITIES ORDINANCE IN TITLE 14 (ZONING ORDINANCE) OF THE SAN RAFAEL MUNICIPAL CODE (Z003-006)” Councilmember Heller moved and Councilmember Phillips seconded, to dispense with the Charter reading of the ordinance in its entirety and refer to it by title only, and pass Ordinance No. 1823 to print, as amended, by the following vote, to wit: Exhibit A – Page 15 – N. 2. Three-Year Review – delete reference “enter into an agreement with the City” – language to read: “The City will notify all owners/operators of wireless communication facilities every three years that they shall participate in the measurement by the City of the RFR of the facility.” AYES: COUNCILMEMBERS: Cohen, Heller, Phillips and Vice-Mayor Miller NOES: COUNCILMEMBERS: None ABSENT/ DISQUALIFIED: COUNCILMEMBERS: Mayor Boro, (due to potential conflict of interest) Councilmember Heller inquired whether the other communities and the County had adopted an ordinance of this type, or whether they were being compiled together using each other’s ideas. SRCC Minutes (Regular) 04/05/2004 Page 4 SRCC Minutes (Regular) 04/05/2004 Page 5 Indicating the latter was true, Ms. Newman explained that as they looked at ordinances from Marin, including Novato, Corte Madera and Sausalito, they found a lot of commonality in approaches and specifics and they took advantage of that. She stated it was also true of Berkeley and other communities. Vice-Mayor Miller then invited Mayor Boro to return to the Council Chamber. COUNCIL CONSIDERATION: OLD BUSINESS: 10. CONSIDERATION OF PROPOSED LIBRARY HOURS OF OPERATION FOR FY 2004-2005 (CM) – FILE 9-3-61 x 8-5 Library Manager Gail Lockman thanked Reference Librarian Kay Noguchi for the many hours she spent compiling the statistical data for the report. Ms. Lockman reported that Council directed staff to return with enhanced hours of operation for the public, attempting to achieve this in a consistent manner within the budget. She indicated that the library staff had prepared three alternative proposals and believed that Option #1 provided the best community service and the most number of hours possible within the existing budget. Indicating that staff recommended Option #1, Ms. Lockman explained this option restores Monday service, which had been a strong day for materials checkout and is a high demand day for students, as assignments are distributed on Mondays. She reported that complaints had been received from teachers to the effect that students received their assignments on Mondays; however, were required to wait to complete them. Ms. Lockman indicated that this option meets the public expectation for library hours for the Monday through Friday business week and allows the library to be open six days per week year round. She stated the library would be open three evening hours for working adults, students, literacy tutoring pairs and Internet users. Ms. Lockman stated that being open on Mondays took the pressure off Tuesday evenings and afforded the possibility of restoring a pajama story hour. Ms. Lockman explained that the number of check-outs in this average week was approximately 5,200 in 48 hours, which was a 2.6% reduction in checkouts and a 5.9% reduction in hours from the library’s current schedule. She noted staff would have a lot less time behind the desk and to do their behind the scenes work, and a lot of that work would now be completed when working on the desk and during their off-desk hours, albeit with fewer hours than currently. Indicating that Kay Noguchi’s statistics identified the hours with the least amount of public traffic in the building, Ms. Lockman stated it was decided to drop the 8-9 hours on Tuesdays and Wednesdays, and reduce the Thursday hours to 5:00 p.m. This would allow the library to be open on Mondays for 7 hours, which was a much better use of staff time, as they are already in the building. Regarding Option #2, Ms. Lockman stated staff decided that in order to maintain the same budget and retain Sunday hours, it would be necessary to close on Mondays and Thursdays to remain within the existing budget, as opening for those four Sunday hours was expensive. She noted the tradeoff was that Sunday hours would operate only during the school year; however, the library would be closed on Mondays when assignments are handed out, and with no Sunday opening during the summer, this reduced the hours of operation even further. Ms. Lockman stated that there would be a dramatic reduction in service to the public, with fewer hours to access the library, resulting in longer lines at the checkout and reference queue. Noting this would afford more “behind the scenes time,” Ms. Lockman stated that staff was willing to forego this in the belief that being open on Mondays was a better use of the available hours. Indicating that Option #3 was the most draconian, Ms. Lockman stated it eliminates Sundays and Thursday evenings from the library’s current schedule. The library would be open five days a week year round, two evenings instead of three for working adults, students in the literacy tutoring pairs and adult internet users. Ms. Lockman stated it would mean being open two evenings until 9, which would be helpful for the literacy program, for training and tutoring pairs; however, it closed the library on two of the most in-demand days, Sundays and Mondays. She indicated that the number of checkouts in this average week was 4,538 in 43 hours, which was a reduction of 15.1% in checkouts and a 15.7% reduction in hours from the library’s current schedule. SRCC Minutes (Regular) 04/05/2004 Page 5 SRCC Minutes (Regular) 04/05/2004 Page 6 Ms. Lockman stated that a resolution from the Library Board was attached to the staff report, indicating they favored Option #1. She stated that staff favored commencing this schedule on June 7, 2004, if possible, as it impacts the summer reading program and works better. While she was sad about Sunday hours, Councilmember Heller stated she was satisfied with 48 hours. She suggested that staff through the next couple of budget years evaluate what hours could be shaved, i.e., perhaps opening on Tuesday, Wednesday and Thursday at 11:00 a.m., to ascertain the savings, while maintaining as many consecutive open days as possible, including Sundays, in better fiscal times. Councilmember Heller issued a reminder to staff to notify all of the other libraries in the community, together with all of the newspapers, to ensure they are aware of changes and new configurations. Ms. Lockman stated staff had been holding off on reprinting the schedules so as not to encounter this problem. She indicated that everything was ready to implement once Council decided on the option. Councilmember Phillips complimented staff on the layout of this presentation, indicating it was very persuasive and easily understood. Mayor Boro complimented Ms. Lockman and the entire library staff for their efforts. He noted Council had inquired whether there was a way to maximize the hours of coverage and staff had provided that, for which he expressed thanks. He believed staff had made some deliberate decisions based on usage and activity and the public would be best served with this schedule. Councilmember Phillips moved and Councilmember Miller seconded, to approve Option 1 with the following schedule to commence on Monday, June 7, 2004: Proposed Schedule: Monday 1 p.m. – 8 p.m. 7 hours Tuesday 10 a.m. – 8 p.m. 10 hours Wednesday 10 a.m. – 8 p.m. 10 hours Thursday 10 a.m. – 5 p.m. 7 hours Friday 10 a.m. – 5 p.m. 7 hours Saturday 10 a.m. – 5 p.m. 7 hours Sunday Closed 48 hours AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 11. REPORT ON BID OPENING AND RESOLUTION AWARDING CONTRACT RE SANTA MARGARITA CREEK IMPROVEMENTS AT DEL GANADO ROAD (REBID); PROJECT NO. 11026; (BID OPENING HELD ON TUESDAY, MARCH 30, 2004) (PW) – FILE 4-1-566 x 9-3-40 Public Works Director Andrew Preston explained that this project was previously bid in September, 2003 when bids were received from many local contractors. The lowest responsible bid at that time was from Ghilotti Brothers, at $245,000, and with $200,000 in the construction budget, consisting of funding from the Santa Margarita Neighborhood Association in the amount of $100,000, and $100,000 in matching funds from the City – Gas Tax and the Clean Water Storm account – those bids were rejected. Mr. Preston reported that staff returned to the drawing board, met with the neighborhood association on many occasions, conducted value engineering, and having redesigned the project, came up with what he considered to be a better designed project. He stated that at the time he believed it would come back with far better bids than those recently received. Mr. Preston reported that bids were opened on March 30, 2004 and were disappointing to say the least, as he believed they would be far lower. He explained that all the bids were above $230,000, with the exception of Ghilotti Construction at $191,000; however, unfortunately, as a mistake was made in the bid, they requested its withdrawal, and being legal, this request was granted. This left Michael Paul Company, Inc. as the low bidder at $233,823,00, and Mr. Preston reported the City had received extremely good work from this company in the past. He stated they just finished constructing the Peacock Pump Station with virtually no change orders, noting this company does a lot of work for the San Rafael Sanitation District, again with excellent performance. Mr. Preston commented that the Michael Paul Company is not aggressive where SRCC Minutes (Regular) 04/05/2004 Page 6 SRCC Minutes (Regular) 04/05/2004 Page 7 change orders are concerned. He stated it was staff’s recommendation that the City Council award the project to Michael Paul Company, Inc., and allocate additional funding from both the Gas Tax and Clean Water accounts to make up the difference in the funding required. Mr. Preston stated the other two options the City Council might wish to consider, although not recommended by staff, were: 1) to reject all bids and rebid the project later in the year towards the winter when some low prices could be achieved; however, he could not guarantee that with a delay the price would be any lower and was not recommending this option; and 2) to eliminate the project altogether with no improvements being constructed, and again, staff was not recommending this because of the previous commitment made to the neighborhood association by the City Council. Councilmember Phillips stated that when the first bids were opened and rejected he recalled a discussion he had with Mr. Preston, subsequent to brief discussions with Mike Ghilotti, where he was left with the impression that getting the project into the $200,000 range would be feasible. As the current bids all had come in much higher, he inquired as to what had transpired since those discussions. Mr. Preston explained that the bid from Ghilotti Brothers came down by $3,000 and although a significant amount of value engineering was done on the project, this was not a significant reduction. Having evaluated the original bid and the rebid, he stated that most of the items, basically line items, had actually decreased. The total cost this time was 4% less than last time; however, Mr. Preston believed the bids had not come down much because in the wintertime very good bids can be obtained due to the fact that contractors want to keep their labor force working throughout the winter months and are willing to take jobs at an almost zero markup. He indicated that since that time workers’ compensation insurance had also increased, together with quite a large increase in some materials used by the project. While he had hoped to receive a far more competitive bid, Mr. Preston stated he did not believe rebidding the project would produce any better results than presently. Following up on a conversation he had with Mr. Preston some weeks ago, Councilmember Cohen stated in the original concept the possibility of using volunteers at the end of the project to do some planting was discussed. He noted a letter had been received from the State Department of Industrial Relations (DIR) advising they did not believe this was consistent with the State Labor Code. Councilmember Cohen stated that discussion was ongoing with the DIR, not only concerning this project but with a number of others around the state. He stated that should it be possible to revise this and obtain a favorable opinion from DIR, he inquired whether this contract would allow incorporation of the use of volunteers at the end of the project. Mr. Preston stated Michael Paul Company was probably one of the most flexible contractors the City was working with presently and believed he would permit the use of volunteer labor should it be allowed by law in the contract. He did not believe it would affect the price, however, as the volunteers would be assisting with the planting of some of the planting materials. The contractor would do all the excavation of the holes and the soil amendment. They would place the materials by the holes, and the volunteers would basically de-pot, place the plants in the holes and backfill with the soil amendment. While it would not have any affect on the overall cost of the project, Mr. Preston believed it would be wonderful for the student program to be involved with the planting, and if at all possible, he believed Michael Paul would be receptive. Regarding the PVC extension, Councilmember Cohen inquired whether this was for the use of recycled water for irrigation purposes. Responding, Mr. Preston stated this was to extend the irrigation pipeline from the end of the First Phase over to the next intersection to what would be Phase II, should funds become available in the future. He indicated it would provide a means to irrigate the next section of the Santa Margarita Creek landscaping. Should this be approved this evening, Councilmember Heller inquired as to approximately when the project would commence. She noted the Santa Margarita funds had not been collected and inquired whether they were available. Mr. Preston stated that work would commence probably within three to four weeks, pursuant to receipt of bonds, insurance, etc., from the contractor. A pre-construction meeting would take place and work would commence. Regarding the Santa Margarita funds, he believed representatives from the neighborhood association were in attendance this evening and could provide this information. Pete Martin, Santa Margarita Neighborhood Association President, stated the Bay Institute was their fiscal agent and was holding the funds. He indicated that a request had been submitted to them for a check in the amount of $100,000 made out to the City of San Rafael and he SRCC Minutes (Regular) 04/05/2004 Page 7 SRCC Minutes (Regular) 04/05/2004 Page 8 anticipated it would be forthcoming in a few days. Providing some history, Mr. Martin stated they had been working on this project for perhaps eight years. He indicated that a young and energetic group in the neighborhood resurrected this as their project and it was supported by the City Council to the point of an Assessment District election issue; however, the neighbors overwhelmingly voted against any tax measure to do this, believing it was the City’s responsibility. Mr. Martin stated that subsequent to things cooling down, some members slowly started moving forward and one of their successful projects was the so-called “tree project” where they were able to landscape the west side of Del Ganado from Freitas to the coffee shop along the shopping center area. He explained this was a neighborhood/City partnership, where neighbors raised some money, assisted by funds from the City, with impressive enthusiasm from staff, who provided extra effort to make this happen. Mr. Martin stated this was the instigation of the idea for recreating the Creek. Reporting that in the last two and a half years his neighborhood had succeeded in raising $100,000, Mr. Martin stated this was astounding as they did not believe it could be done. He believed this was achieved with the support of the City Council, who demonstrated their belief in the project, convincing neighbors the project was viable and legitimate. Mr. Martin stated they have had the funds available since June of 2003 and as articulated by Mr. Preston, it had been a process of bid rejection, negotiations, re-drawing plans, etc. He indicated that the entire public area was on the verge of beautification and enhancement. It would be a gateway, was one of the Vision projects and the neighbors were extremely excited. Mr. Martin urged the City Council to support the project even though it had gone over budget, which was disappointing. He also expressed disappointment in the state’s position on the issue of volunteerism. He stated it was important to the neighborhood and the City to have young people participate in a project such as this. Mayor Boro commended the Santa Margarita Neighborhood Association for what they had accomplished. He believed they had set a tremendous example, not only for their own community, rather also for the entire City of San Rafael. Commenting that he had used this at a talk he gave to a neighborhood meeting yesterday, Mayor Boro stated Santa Margarita decided they wished to do this, they partnered with the City, a way was found to make it happen, and he expressed his congratulations. While the bids came in over budget, which was disappointing, Councilmember Cohen stated that what the neighborhood had done was truly remarkable. The fact that the $100,000 was in the bank and ready to be turned over to the City was something that the neighborhood, and by association, the City could take some pride in. Recalling other approaches of partnerships where the City was expected to go first, he noted this neighborhood association stepped up, and a commitment was made that should they be successful, the City would be there, and all could take pride that this was a partnership coming to fruition, albeit somewhat more expensive than anticipated. Having some professional expertise on the volunteer issue, Councilmember Cohen stated it was his belief that the Department of Industrial Relations was misreading the law in the Public Contract Code on the issue of the use of volunteer labor on restoration projects. He noted there were numerous projects where volunteers were used to improve the community and generally speaking, this was work that otherwise would not get done. It was not taking work away from people who otherwise would be getting paid for it. Councilmember Cohen stated that his union (Carpenters’) jointly signed a letter with the Sierra Club, delivered to the State Administration last week, urging that they revisit this decision and re-think their position. While he believed other projects were more compelling on the use of volunteers, should there be some movement within the Department of Industrial Relations, he indicated he would be happy to work with Mr. Preston and approach the DIR, requesting they revisit their determination on this project and afford the opportunity to have volunteers at the conclusion of this project. Councilmember Cohen stated he believed this was an important component and he would work to that end. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 11526 – RESOLUTION AWARDING CONTRACT FOR SANTA MARGARITA CREEK IMPROVEMENTS AT DEL GANADO ROAD (REBID) TO MICHAEL PAUL COMPANY, INC. IN THE AMOUNT OF $233,823.00 (Lowest responsible bidder) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None SRCC Minutes (Regular) 04/05/2004 Page 8 SRCC Minutes (Regular) 04/05/2004 Page 9 ABSENT: COUNCILMEMBERS: None Grant Davis, Executive Director, Bay Institute, commended the Santa Margarita Neighborhood Association for the tremendous grassroots fundraising effort they undertook. They merely being the fiscal agents, he assured the City Council the funding was in the bank ready to be applied to the project. Amplifying Councilmember Cohen’s comments, Mr. Davis stated they received word in early January about this project being caught up along with a whole number of other projects statewide. He stated it was not just the Santa Margarita Creek but also Pacheco Creek in Novato, amongst others, and when students and community members participated in projects, it built support and provided an opportunity for students, teachers and members of the community to take pride in what they were doing. By encouraging the City Council to support this issue, Mr. Davis believed they could also assist by having San Rafael lead the way for other communities to show resolution on this. Mr. Davis stated that Loretta Rogers, Director, Watershed Education Program, and a former teacher who had been working on this issue for fifteen years, was in attendance this evening, and they were being requested by their colleagues, where possible, to help call attention to this type of issue, which was unfortunate, as students and community members should be doing this type of work. Mr. Davis believed it applicable in this instance in terms of long-term monitoring, maintenance and learning. He sought Council support and perhaps any other institutional effort, to help clarify and urge the Administration to come to resolution earlier rather than later. Explaining, he stated that should this be resolved on a statewide level, in this case, Terra Linda High School students, had already expressed their willingness and had been trained. He commented that it was somewhat more than pulling a plant from a planter, rather students would learn about the ecology, where the water comes from and what the plants were doing. He credited staff for working with the community group on the plant selection and making this a really wonderful asset for the Santa Margarita Neighborhood. Mr. Davis stated his request was that the City Council take Councilmember Cohen and others up on their offer to help call attention to this issue on a larger scale and hope the Governor would resolve it administratively, not waiting for legislation that would be far too late for this year. Unless Council felt otherwise, Mayor Boro stated that should Councilmember Cohen, City Manager Gould and possibly Mr. Davis wish to collaborate on a letter, he would be more than happy to sign it on behalf of the City Council. CITY MANAGER’S REPORT: 12. Re: San Rafael Rock Quarry: - File 100 x 166 City Manager Rod Gould reported that a letter had been forwarded today from Mayor Boro to each member of the Board of Supervisors, respectfully requesting that the City of San Rafael be invited to participate in direct discussions between the County of Marin and the Dutra Group regarding the operation of the San Rafael Rock Quarry. He indicated that recently, Judge Sutro issued his preliminary ruling in the first phase of the lawsuit brought by the State of California and the County of Marin against the Rock Quarry, and the judge spent most of his time discussing the reclamation plan that deals with what happens when the Quarry ceases operations. Mr. Gould stated it was quite clear to many people that the Quarry intends to remain in operation for quite some time and therefore, the judge essentially directed that the County and Quarry work together to resolve the operational issues that are bound up in a Use Permit that goes back to 1982. Mr. Gould stated the Mayor’s letter indicated that because so many San Rafael residents are affected by the Quarry’s operations up and down Point San Pedro Road, that the City of San Rafael should be a partner in those negotiations, and sought that invitation from the County. COUNCILMEMBER REPORTS: 13. None There being no further business, the City Council meeting was adjourned at 9:00 p.m. ____________________________ JEANNE M. LEONCINI, City Clerk APPROVED THIS ______ DAY OF __________, 2004 ___________________________________ MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 04/05/2004 Page 9