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HomeMy WebLinkAboutCC Minutes 2004-05-17SRCC Minutes (Regular) 05/17/2004 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MAY 17, 2004 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:30 PM: Mayor Boro announced Closed Session items: CLOSED SESSION — CONFERENCE ROOM 201 — 7:30 PM: 1. a) Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Present: Albert J. Boro, Mayor Cyr N. Miller, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Gary O. Phillips, Councilmember Absent: None Case Name: Citv of San Rafael v. Las Gallinas Vallev Sanitary District Marin County Superior Court Case No. 040300 b) Conference with Legal Counsel — Anticipated Litigation Government Code Section 54956.9(b)(1) — one case Significant Exposure to Litigation Based Upon Following Facts: Potential Adoption of Emergency Response Fee Government Code Section 54956.9(b)(3)(B) Assistant City Attorney Gus Guinan announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:06 PM SMART — FILE 245 x 248 x 170 (Verbal) David Schonbrunn stated it was anticipated that SMART (Sonoma/Marin Area Rail Transit) would be meeting on May 19 (date subject to change), to consider whether to put a measure on the ballot in Marin County. He indicated there was very solid support, as expressed in a recent poll, and noted the numbers were strikingly high. Mr. Schonbrunn reported that some other Councils had met to specifically provide instruction to their representative. He believed the SMART project had reached a level of maturity that deemed it appropriate to bring before the voters, and urged the City Council to take time to discuss the issue, given the impending vote. Indicating that the major controversy was whether it would interfere with the Transportation Sales Tax, Mr. Schonbrunn stated the indication from polling was that these would be seen as complementary. He believed it would help to have a poll that specifically inquired how people felt about a three-quarter cent tax increase, indicating it would be dramatic in terms of the ability to move forward if both measures could go on the ballot. Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as follows: ITEM 2. Approval of Minutes of Regular Meetings of Monday, April 19, and Monday, May 3, 2004 (CC) 3. Call for Applications for Appointment to Fill One, Four -Year Term on the San Rafael Design Review Board, Due to Expiration of Term of Robert "Bob" J. Huntsberry (Term to Expire End of June, 2008) (CC) — File 9-2-39 RECOMMENDED ACTION Minutes approved as submitted. Approved staff recommendation: a) Called for applications for appointment to fill one, four-year term on the Design Review Board due to expiration of term of Board Member Robert "Bob" Huntsberry, with term to expire end of June, 2008; b) Set deadline for receipt of applications for Tuesday, June 8, SRCC Minutes (Regular) 05/17/2004 Page 1 SRCC Minutes (Regular) 05/17/2004 Page 2 2004 at 12 Noon in the City Clerk's Office, Room 209; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, June 21, 2004, commencing at 6:00 p.m. 4. Call for Applications for Appointment to Fill One, Approved staff recommendation: Four -Year Term on the San Rafael Planning a) Called for applications for Commission, Due to Expiration of Term of appointment to fill one, four - Maribeth Bushey -Lang (Term to Expire End of year term on the Planning June, 2008) (CC) — File 9-2-6 Commission due to expiration of term of Planning Commissioner Maribeth Bushey -Lang, with term to expire end of June 2008; b) Set deadline for receipt of applications for Tuesday, June 8, 2004 at 12 Noon in the City Clerk's Office, Room 209; c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, June 21, 2004, commencing at 6:00 p.m. 5. Resolution Approving Memorandum of Item removed from Aqenda at the Understanding Between County of Marin and request of staff. City of San Rafael for the Coordination of Probation Enforcement (CA) — File 4-13-114 x 9- 3-30 6. Resolution Approving Memorandum of RESOLUTION NO. 11547 — Understanding Between County of Marin and RESOLUTION APPROVING A City of San Rafael Concerning the Formation of MEMORANDUM OF the North San Pedro Road Underground UNDERSTANDING BETWEEN THE Assessment District (CA) — File 4-13-113 x 12-18 COUNTY OF MARIN AND THE CITY OF SAN RAFAEL CONCERNING THE FORMATION OF THE NORTH SAN PEDRO ROAD UNDERGROUND ASSESSMENT DISTRICT 7. SECOND READING AND FINAL ADOPTION OF Approved final adoption of ORDINANCE NO. 1824 — "An Ordinance of the Ordinance No. 1824. City Council of the City of San Rafael Revising the Public Notice Requirements Contained in Title 14 (Zoning Ordinance) of the San Rafael Municipal Code (Z003-004)" (CD) — File 10-3 x 10-2 x 10-6 8. Resolution Authorizing the City Manager to Item removed from Aqenda. Execute a Professional Services Agreement with Paul Jensen for Assistance Needed to Complete Monitoring, Building Permit Review and Inspection Tasks Associated with Development of Redwood Village and 127 Merrydale Road Townhomes and for Work on Other Future Projects (CD) — File 4-3-370 x 9-3-85 9. Summary of Legislation Affecting San Rafael Approved staff recommendation: (CM) — File 116 x 9-1 SB 1801 Booking Fees — Senate Committee on Local Government — SUPPORT ACA 24 Transportation Investment Fund. Loans. Assembly Members Dutra and Oropeza — SUPPORT SRCC Minutes (Regular) 05/17/2004 Page 2 SRCC Minutes (Regular) 05/17/2004 Page 3 10. Resolution Authorizing the Temporary Closure of RESOLUTION NO. 11548— Edgewood Way from Fairhills Drive to the End for RESOLUTION AUTHORIZING THE a Mock Drill of Police Neighborhood Response TEMPORARY CLOSURE OF Teams and Fire Department DART Teams on EDGEWOOD WAY FROM FAIRHILLS Saturday, June 12, 2004 from 8:00 a.m. — 4:00 DRIVE TO THE END FOR A MOCK p.m. (PD) — File 11-19 x 9-3-30 x 9-3-31 DISASTER DRILL ON JUNE 12, 2004 FROM 8:00 A.M. UNTIL 4:00 P.M. 11. Report on Bid Opening and Resolution Awarding RESOLUTION NO. 11549 — Contract for East San Rafael Improvement RESOLUTION AWARDING Project — Phase III (Project No. 10755) to Ghilotti CONTRACT TO GHILOTTI BROS., Bros. Inc. in Amount of $677,407.00 (Bid INC. IN THE AMOUNT OF $677,407.00 Opening Held on Tuesday, May 4, 2004) (PW) — FOR EAST SAN RAFAEL File 4-1-569 x 9-3-40 IMPROVEMENT PROJECT, PHASE III — PROJECT NO. 10755 (Lowest Responsible Bidder) 12. Resolution Approving Map of Subdivision Entitled RESOLUTION NO. 11550 — "Parcel Map of Channing Court" (PW) — RESOLUTION APPROVING A File 5-1-353 PARCEL MAP ENTITLED "PARCEL MAP OF CHANNING COURT" (APN 155-092-09) 13. Resolution Approving Map of Subdivision Entitled RESOLUTION NO. 11551 — "Final Map of Merrydale Court" (PW) — RESOLUTION APPROVING A File 5-1-354 CONDOMINIUM MAP ENTITLED "FINAL MAP OF MERRYDALE COURT" (APN 179-142-04) 14. Resolution Approving the First Amendment to RESOLUTION NO. 11552 — MarinMap Joint Exercise of Powers Agreement RESOLUTION APPROVING THE to Implement Funding Formula (PW) — FIRST AMENDMENT TO MARINMAP File 4-13-109 x 9-3-40 JOINT EXERCISE OF POWERS AGREEMENT TO IMPLEMENT FUNDING FORMULA 15. Resolution Approving Joining with Other Bay RESOLUTION NO. 11553 — Area Communities in Support of Affordable RESOLUTION JOINING WITH OTHER Housing Week, June 5 — 13, 2004 (RA) — BAY AREA COMMUNITIES IN File 13-16 SUPPORT OF AFFORDABLE HOUSING WEEK, JUNE 5 — 13, 2004 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None PUBLIC HEARING: 16. Public Hearing — CONSIDERATION OF REQUEST BY MARIN SANITARY SERVICE FOR A RATE INCREASE FOR REFUSE COLLECTION AND RECYCLING SERVICES AND ADOPTION OF RESOLUTION AMENDING AGREEMENT SETTING RATES FOR YEAR 2004 (MS) — FILE 4-3-32 x 13-2 Mayor Boro declared the public hearing opened. Assistant City Manager Ken Nordhoff stated this was an annual process whereby the City cooperates in partnership with five other agencies. They contract with the consulting firm of Hilton, Farnkopf & Hobson, and their report was included as part of the staff report this evening. Summarizing the highlights of the process, Mr. Nordhoff reported that as part of the franchise agreement, Marin Sanitary Service submits an annual rate application request. Due to a combination of events, the process occurred a little late this year; therefore, staff was requesting a rate recommendation retroactive to January, 2004. Having considered the rate application, Mr. Nordhoff reported that the consulting firm made the adjustments highlighted in the staff report. He explained that Marin Sanitary Service had requested an 8.5% increase, and for a variety of reasons listed in the report, staff was recommending, via the consultant's report, that a 4.3% across the board increase be granted. He indicated that this rate was consistent with cost of business and would also be under consideration in the other jurisdictions, some of which had already approved it, and some still SRCC Minutes (Regular) 05/17/2004 Page 3 SRCC Minutes (Regular) 05/17/2004 Page 4 needed to do so. Noting the addition of a new component to the rate this year, Mr. Nordhoff reported that in January, as part of balancing the budget for the current year together with future years, the City Council adopted a Refuse Vehicle Impact Fee. He stated this fee was intended to generate $196,000 annually and Council directed that this money be committed to street paving efforts, which staff intended to do. Mr. Nordhoff explained the study pointed out that the cost of adding $196,000 to the City would necessitate the addition of a further 1.8% to the rates. Mr. Nordhoff stated the study looked at these costs in terms of applying them to the entire customer universe and staff believed it important that because the fees being generated are paving residential streets, the ratepayers in those areas should bear this cost. Therefore, staff was requesting an additional 3.7% on the can rates for residential and multi -family or apartment buildings. These are the customer types that would bear the cost of this Impact Fee, meaning commercial accounts would not bear the cost of this fee as largely, they are in areas that are not on residential streets. Mr. Nordhoff reported that staff was attempting to make an alignment between the type of customer paying the rate and the type of work ultimately to be done with the streets; therefore, as part of the rate structure, 7.8% is recommended in terms of increases in the can rates for multi -family and residential accounts. Those two components are the Vehicle Impact Fee, and the Cost of Business. To provide some perspective on rates over the past several years, Mr. Nordhoff stated that on average, they had increased by approximately 3%. He reported that the commercial rates would be increased by the same 4.3% and having worked with Marin Sanitary Service, staff was recommending that the can rates provided to commercial accounts would be brought into the same rate structure as those charged for residential and apartments, translating in the rate schedule to a 14.9% increase in can rates for commercial accounts, with all others receiving a 4.3% increase. Mr. Nordhoff reported that today he received a letter questioning whether there was the ability for discounted rates for seniors. Directing Council to the Rate Structure (Table Two), he noted there were senior rates that were roughly 25% or 30% below the basic rates for can service and historically, these rates had been embedded in the rate schedule. Referring to attachments to the staff report, Mr. Nordhoff stated that Table One depicted sample accounts and the major rate increases. Table Two outlined the actual comprehensive rate schedule and he explained that this year, rates had been calculated for some of the bin based services that currently may not be used by any customers; however, staff favored having a rate structure established should a customer make such a request. Mr. Nordhoff stated staff recommended adoption of the Resolution as presented, noting the intention to make the rates retroactive to January 1, 2004. He reported that the company uses a monthly billing process on commercial accounts, quarterly on residential and it would take a little time to actually see the full effects; however, staff anticipated the rates would be fully implemented within three months. Noting discussions and actions in the past regarding the service delivery in the Las Gallinas Valley Sanitary District, Mr. Nordhoff stated tonight's action had no impact on that. Las Gallinas still needed to go through its process and set its rates. Were the City to take over servicing additional accounts, he suggested working with the Chamber of Commerce and the Business Improvement District, as there were rate differentials, particularly in the commercial area, that staff would like to resolve with the 2005 application. Mr. Nordhoff noted representatives from Marin Sanitary Service were present who could answer questions. Noting the garbage rates would be retroactive to January, Mayor Boro inquired as to when the Impact Fees would commence. Mr. Nordhoff stated the Impact Fees would be effective from March 1, 2004. Councilmember Heller suggested that Mr. Nordhoff apprise Mr. Roger Roberts, Federation of San Rafael Neighborhoods, who had written a letter, of the senior differential. Not having had an opportunity of contacting him today, Mr. Nordhoff stated he would do so this week. As Mr. Roberts was present this evening, Mayor Boro invited Mr. Nordhoff to address the issue of senior discounts. Referring to the Rate Schedule, Mr. Nordhoff stated there were senior rates available for people who qualified and were eligible and these were in the range of 25% to 30% less than that charged to other customers receiving similar service. SRCC Minutes (Regular) 05/17/2004 Page 4 SRCC Minutes (Regular) 05/17/2004 Page 5 Roaer Roberts, San Rafael, stated his proposal was that the rate schedule to be adopted for Marin Sanitary Service provide a rate break for low and moderate income households, whether seniors or any other classification of the population. Noting it was more expensive to live in Marin County, he stated other utilities provide such rate breaks, i.e., the phone and power companies, and it would be a relatively easy system to operate. Operating a similar system to the phone and power companies, Mr. Roberts stated that anyone could apply; they merely had to prove they were a low-income household. Regarding the amount of the rate break, he stated this was a policy matter for the City and he urged the City Council to give the matter consideration. There being no further comment from the audience, Mayor Boro closed the public hearing. Pattv Garbarino, President, Marin Sanitary Service, stated her company was in the business of service and would be amenable to discussion. Noting it was May 17, she stated they were preparing for another rate review, which would come before the City Council in January, 2005. Ms. Garbarino indicated that between now and when the rate application is made in late September, early October, these policy issues could be discussed. Councilmember Cohen suggested going ahead with the present action; however, requested that the issue be studied and information brought back as to whether other jurisdictions had such a policy, how it could be implemented, the impact on low income apartment dwellers, etc. He stated these issues could be studied and presented at the next rate review. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 11554— RESOLUTION TO SET MAXIMUM RATES AND FEES FOR MARIN SANITARY SERVICE REFUSE AND RECYCLABLE MATERIAL COLLECTION AND DISPOSAL SERVICES TO BE EFFECTIVE, RETROACTIVELY, TO JANUARY 1, 2004 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCIL CONSIDERATION: OLD BUSINESS: 17. RESOLUTION APPROVING PICKLEWEED PARK COMMUNITY CENTER INDIVIDUAL DONATION POLICY (CS) — FILE 267 x 9-3-65 Community Services Director Carlene McCart reported that in the four months since last bringing action before Council, a lot of progress had been made on both the campaign and the project. A full design review, update on the cost estimate commissioned and the fundraising status would be presented at the first City Council meeting in June, 2004. Ms. McCart stated that as of tonight, the goal was $7.3 million, of which $5,984,000 had been raised. Ms. McCart explained that the fundraising strategy all along had been to wait until getting within a 15% striking range of goal to open up the private and individual donor portion of the campaign. She stated that three years ago it was predicted hitting that goal at approximately this time. Reporting that approximately 22% of funding was coming from foundations and grants, Ms. McCart stated approximately 54% was coming from public funds, which included CDBG (Community Development Block Grant), Redevelopment, State Library Grant and Federal funds. She indicated that 9% currently was coming from private individual contributions and this would increase over the next several months. Ms. McCart reported that Mayor Boro and Councilmember Miller had been working overtime to help solicit funds and create connections with the community that would be very helpful to the project, which was greatly appreciated. Ms. McCart stated the point had been reached in the campaign to seek approval for the use of a very common capital project tool — a naming policy. She indicated this has been seen at Marin General Hospital, Osher Marin Jewish Community Center and Mill Valley Community Center. Many public capital projects had utilized this type of campaign tool, i.e., donor name recognition. She explained the purpose of the policy was to allow the City to display the names of those individuals who donate — in this case $5,000 or more — to the campaign, and also it would be possible to offer a naming opportunity for a room or portion of the new Center for a significant contribution, i.e., $100,000 and up. Ms. McCart stated this would come in cases of sponsorship of a classroom, library component, art room, teen center or computer room. SRCC Minutes (Regular) 05/17/2004 Page 5 SRCC Minutes (Regular) 05/17/2004 Page 6 Reporting the existence of a policy utilized by the Park and Recreation Commission to monitor and accept donations for parks, Ms. McCart stated this very simplistic policy was fashioned after that. She explained that someone wishing to make a donation made it known either in writing or by attending a meeting. It would be reviewed at the Commission level and recommended to the City Council for approval, and in this way staff could ensure that donations and contributions were consistent with the mission and reflected well on this City project. Ms. McCart stated that past history had shown this tool to be very effective in raising money for these types of campaigns, and it was time to utilize something like it for this project. She stated staff recommended approving the policy by adopting this resolution. In addition to Carlene McCart, who had worked very hard on this project, Mayor Boro stated he wished to also acknowledge Dave Donery's hard work. He noted Elliot Levin had been volunteering his time as a consultant and had been a great help in developing strategy and generating ways to attract interest in the Center. Councilmember Cohen noted the resolution addressed "public, foundation and individual/private sources" and the policy indicated "donor names, family names or names submitted for memorial" were appropriate; however, the staff report stated "corporations, associations and businesses could be recognized in the same manner." Although it would be unlikely he would have a concern with the "Coca Cola Pickleweed Community Center" or the "SBC Community Pickleweed Center", Councilmember Cohen indicated he was unsure of the appropriateness of a corporate naming policy for public assets even if it were worth $1 million to the Center. Ms. McCart explained this was the reason for setting up two points of review, at the Commission and Council levels, to ensure that whatever the request, it met the City's mission and reflected well on the project. Councilmember Cohen inquired whether the City Attorney had a concern or whether the City would be free to infer it did not want the Center to be commercial and therefore, would not approve it on this basis, or whether it was necessary to put something in the policy to indicate the City reserved the right not to approve commercial sponsorship. Assistant City Attorney Gus Guinan stated that when addressing the ownership of a facility there is a proprietary right to name it how the City sees fit. He did not believe the City's First Amendment right was the same as if it were creating a public forum whereby people were permitted to enter and speak, i.e., the San Rafael City Plaza, and to create limitations on who could be there or what signs could be brought in for a particular rally could encounter some First Amendment problems. This issue, he stated, was different. The policy was crafted in such a way to ensure the City did not run foul of any First Amendment problems. Mayor Boro stated that at this stage he favored keeping all options open and not preclude a donation, especially a large one, to this building. He indicated that one of the foundations (a private foundation that contributed $250,000) had already requested the naming rights to the library. Although it was relatively unlikely that a gift of a million dollars would be received; however, should it be forthcoming, Mayor Boro stated he certainly would like to consider it. Councilmember Cohen stated he was not objecting to the notion of naming rights. He was concerned about the commercialization of public spaces and for the record, he stated he would not look very favorably on naming, particularly the entire facility, but significant portions after a commercial enterprise seeking this for marketing purposes. Councilmember Cohen stated he believed it to be the wrong approach to take with public facilities. While times were difficult and revenue had to be found wherever possible, he had real concerns. Having been informed he had the right to express that opinion by arguing for and casting a vote at the appropriate time, and assuming nothing in the resolution precluded him from doing this, Councilmember Cohen stated he would be satisfied. Should the issue arise in an actual case, he would evaluate it at that time and make his argument as to why he believed it was a bad idea. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 11555— RESOLUTION APPROVING PICKLEWEED PARK COMMUNITY CENTER INDIVIDUAL DONATION POLICY AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 05/17/2004 Page 6 SRCC Minutes (Regular) 05/17/2004 Page 7 NEW BUSINESS: 18. RESOLUTION APPROVING FINAL TRANSPORTATION SALES TAX EXPENDITURE PLAN (CM) — FILE 170 x 9-1 Craig Tackaberrv, County of Marin representative, stated this was a short presentation detailing changes since the meeting of March 1, 2004. Having been first last time, he indicated he was proud to know San Rafael wished to be first again. Dean Powell, County of Marin representative, stated that the March 1St presentation included information on the traffic pattern, issues and problems in Marin and how the Draft Transportation and Expenditure Plan was developed. This time, he stated, there would be a short presentation as to what was changed in the plan subsequent to receiving feedback from cities and towns. Slide 1 - Depicted the status of the process. Mr. Powell explained that in March and April they went out for stakeholder and city review of the Plan, received feedback and made the changes, and as of early May, the Transportation Authority approved a plan to take back to the cities and town councils and the Board of Supervisors for their approval. As mentioned by Craig Tackaberry, Mr. Powell stated San Rafael was the first Council to receive this presentation. Mr. Powell stated that in order to move forward on the plan it was necessary to have the majority of cities and towns representing a majority of the incorporated population, plus the Board of Supervisors, approve it before the Transportation Authority could consider adopting it and requesting the Board of Supervisors to place it on the November ballot. He indicated that Authority action would take place in June and would require a two-thirds vote of the Authority. Mr. Powell indicated that all the final actions and ballot language had to be produced by August 6, 2004, the filing deadline for the November ballot, and being a special tax measure, the November 2nd ballot requires a two-thirds vote of the people to pass. Slide 2 — Sales Tax Expenditure Plan - The Sales Tax Expenditure Plan Goal and Strategies had been fine tuned due to the feedback of the cities, towns and stakeholders, and the Plan was one Goal with four implementing strategies. Highlighting the major change, Mr. Powell explained that the financial projections had been updated and the overall revenue estimates increased for the sales tax by $57 million. Some of the percentages had been shifted which would be highlighted in later slides. Slide 3 —Strategy #1 — What will Local Transit Funds be used for? — To develop a seamless local bus transit system that improves mobility and serves community needs, including special transit for seniors and the disabled services. Mr. Powell explained the transit investment would receive 55% of the projected revenues, the majority of which, 37%, would go towards maintaining and expanding the existing local bus transit system: • Improving the frequency in high volume corridors • Improving bus service between Marin and San Francisco • Community based shuttles in neighborhoods • Restoring night service • Providing school bus services He indicated that 3% of the funds would go towards maintaining the rural transit system (West Marin Stagecoach), 9% towards transit services for special needs and 6% for investing in bus transit facilities for a clean and efficient system. Slide 4 — Local Transit - Changes in Final Plan - Regarding changes in the Local Transit Plans, Mr. Powell stated the funding in this category had been increased by a little over $17 million. In response to comments it was further clarified that this was specifically for bus transit investments. Bus service between Marin and San Francisco had now been made an eligible expense and related to this, a Maintenance of Effort provision had been added to secure Golden Gate toll revenues for regional bus transit system. Specific performance criteria had been developed for evaluating investment priorities. Mr. Powell stated it was specified throughout this section that these funds would be going towards bus transit and specifically not creating any operating or capital funds for rail projects or programs. Slide 5 — Transit Performance Criteria — Mr. Powell stated the transit investments would be evaluated every two years through extensive public input and would be prioritized using several criteria: • Fill in a gap in the transit network • Meeting productivity standards • Meeting cost effectiveness standards • Relieving congestion • Whether or not it provides a seamless connection SRCC Minutes (Regular) 05/17/2004 Page 7 SRCC Minutes (Regular) 05/17/2004 Page 8 • Promoting environmental justice • Attracts outside funding sources Slide 6 — Strategy #2 — What will Local Gap Closure Funds be used for? — To fully fund and accelerate completion of the Highway 101 Carpool Lane Gap Closure Project through San Rafael. Mr. Powell stated there would be an allocation of 7.5% of the funds, totaling just under $25 million, which would fully fund completion of that project and ensure its completion within the fastest possible timeframe — by at least 2008 as opposed to 2015 if there had to be a reliance on existing funding sources. Mr. Powell stated this also includes: • Noise reduction strategies to improve the quality of life in adjacent neighborhoods • Improving aesthetics and landscaping up and down the corridor • A north -south bicycle way through Puerto Suello Hill Slide 7 — What Changed in the Gap Closure Strategy: • Continues full funding of the project • Added Puerto Suello Hill bicycle path • Changed policy that any excess funds allocated to this strategy would be reallocated to the bus transit strategy • Further clarified this is the only project occurring on Highway 101 Slide 8 — Strategy #3 — What will Local Infrastructure Funds be used for? — To maintain, improve and manage Marin County's local transportation infrastructure, including roads, bikeways, sidewalks and pathways, which would receive 26.5% of the sales tax revenues, almost $88 million over the 20 -year term of the tax. Mr. Powell explained that these funds would be split essentially 50:50 down the middle between major roads and local priorities. Slide 9 — Local Infrastructure Changes in the Final Plan: • The major changes of this particular funding category include a little over $34 million of additional funds towards infrastructure projects, half of which would be for local roads and half for major roads • Clarified method of allocation of funds for both major roads and local road infrastructure projects, using a formula based on 50% of the population and 50% of the total road models within a jurisdiction for the local infrastructure allocation. The same formula was used for a geographic distribution in five areas throughout the County. This roughly translated to approximately $8.8 million on current data for local infrastructure projects for San Rafael and $11 million for Central Marin for local infrastructure projects. • Added performance criteria for major road infrastructure • Added and refined the role of Technical Advisory Committee to help prioritize investments • Further clarifications on the priority of major roads • Removed from this category funding for the Safe Pathways to Schools project and put it into Category #4 Slide 10 — Local Infrastructure — Major Road Performance Criteria — The performance criteria for the major roads include: • Condition of roadway • Average daily traffic • Transit frequency • Bicycle and Pedestrian Activity • School access • Accident history • Geographic equity Slide 11 — Strategy #4 — What will School Access Funds be used for? — To reduce school - related congestion and provide safer access to schools. 11% of the sales tax revenues would go towards this funding category, totaling a little over $36 million and would fund the Safe Routes to Schools program, over 70 crossing guards throughout the County and provide capital funds for the Safe Pathways to School projects. Mr. Powell explained that Safe Pathways are capital projects identified through the Safe Routes to Schools program as necessary safety improvements in and near schools to enhance walking, biking, etc., to schools. Slide 12 — Changes in the School Access category include additional funding of almost $5 million. Performance criteria would also be added for evaluating Safe Pathways to Schools projects and the program and capital elements had been consolidated by taking the Safe Pathways to Schools projects out of the local infrastructure and placing them in the schools allocation category. SRCC Minutes (Regular) 05/17/2004 Page 8 SRCC Minutes (Regular) 05/17/2004 Page 9 Slide 13 — The Performance Criteria for Safe Pathways projects include: • Relieve an identified safety or congestion problem along a major school route • Completing the "gap" in the bicycle and pedestrian system • Routes that could be used by both students and other user groups • Attract matching funds • Obtain geographic equity Slide 14 - Mr. Powell stated that the Congestion Management Agency, now the Transportation Authority, conducted a poll in March, 2004, inquiring from residents whether they would support a half -cent Sales Tax Measure. He reported that 69% of those polled indicated they would definitely or probably support the tax measure. Slide 15 — What Happens Next? — Mr. Powell stated they were present this evening to "kick off' asking the cities to review the Plan and consider it for approval. He noted that it would be necessary to have over 50% of the incorporated population approve the Plan, as well as the Board of Supervisors, before the Transportation Authority could adopt it. This requires a two- thirds vote. Mr. Powell stated that a similar process had been built into the Plan to make it difficult to amend, i.e., it would have to go through the same process, going out to all the cities, Board of Supervisors, etc., with a two-thirds vote. • The Board of Supervisors would be requested to adopt an ordinance, adopt the Plan, and place it on the November ballot. This deadline is August 6, 2004. • A tracking poll would be conducted in June • Should the sales tax be approved, revenue collection would commence at the beginning of April, 2005. The sales tax would end in March, 2025. Appreciative of the Gap Closure and sensitive to the noise issues in the neighborhoods, etc., Mayor Boro stated there also had been some discussion with the County and CalTrans regarding the ramp approaching 580. Mr. Tackaberry stated the Marin County Public Works Director had just written a letter regarding this issue. Mayor Boro invited Mr. Tackaberry to describe the public's involvement and role going forward. Mr. Tackaberry stated there would be a Transit Plan every two years that would have a lot of public input. A Strategic Plan would also have a lot of public input and at the end of each year an Oversight Committee of the public would review everything that was done, ensuring it was on track. Mayor Boro stated he had seen the ballot measure language and assumed he could assure the Council that the measure would be very explicit about each of these four elements and also with a lot of specificity, so people could see where the money would go and identify with it. Mr. Tackaberry stated the entire Plan would be in the sample ballot and mailed to everyone's home. Regarding the approval process, Councilmember Heller inquired as to what would happen should one of the two larger cities (San Rafael or Novato) choose not to approve the Plan. Mr. Tackaberry stated that theoretically only 50% of the population was necessary. Regarding the Transit Performance Criteria, and indicating it stated: "promotes environmental justice based on demographic analysis," Councilmember Miller inquired as to what this meant. Mr. Tackaberry stated this term is sometimes called "social equity" and just ensures that when making investments, all economic variables are considered. Councilmember Miller inquired about the "environmental justice" aspect. Mr. Tackaberry stated it was just a term of art that "environmental justice" was used for "social equity." Councilmember Miller suggested perhaps using language that people could understand. David Schonbrunn, urging support for the measure, stated he believed it to be very well balanced. Referring to the staff report- Fiscal Impact — he quoted: "the Plan would have a positive impact by providing funds to San Rafael to address the current shortfall in maintenance of City roads." Mr. Schonbrunn stated that statement unfortunately, captured what he believed to be a classic myopia that exists within the County. He stated the measure provides a great SRCC Minutes (Regular) 05/17/2004 Page 9 SRCC Minutes (Regular) 05/17/2004 Page 10 deal more than money for roads and in fact, one of the central principles in this measure is that it is not feasible to continue building roads, and even maintaining existing roads was not enough for the future, rather transit capacity had to be provided. Mr. Schonbrunn reported having been before Council on a night when the Mayor and one other Councilmember were not in attendance. The issue was a discretionary approval for the parking garage, and at that time he had stated that to use the money going into the parking garage for shuttles, the City would accomplish having more shoppers downtown with less cars. He indicated that this Transit Measure would support local shuttles going to Northgate and the West End, etc. He saw this as very important; however, strongly urged not committing funds to additional parking. Mr. Schonbrunn noted the availability of software that helps cities evaluate how much parking is optimized for different levels of transit, and more transit would mean less parking, which was better for congestion and a much better use of land. He stated the City had done great work in terms of development downtown and with the proper levels of parking and transit, this could be optimized. Concluding, Mr. Schonbrunn stated this tax was no panacea. He indicated that when City senior staff discussed the problems with funding and road maintenance before the CMA (Congestion Management Agency), it was clear that the problems in question were much larger than this tax could provide. Therefore, where other cities had similar types of problems, they had placed local Parcel Taxes on the ballot. Because San Rafael is at the hub of the County, he stated it was entirely appropriate that the County, through a measure such as that proposed, pay for maintaining major roads. On the other hand, he stated the City ought to be raising its own funds through a Parcel Tax or equivalent mechanism to provide maintenance for smaller streets that do not get regional travel. Mayor Boro stated that he, as representative to the CMA, and Councilmember Heller representing the Marin County Transit Authority, had been working for approximately four years on this subject. He stated it was particularly gratifying with this particular measure that the process had been good. Advisory committees had gone back out to the communities; he and Supervisor Adams sat on an advisory committee for the City, along with approximately eight members of the public. Mayor Boro stated that the groups all came up with their ideas and while not every idea was included in the Plan, a lot were. He believed good support was built throughout the community from transit riders. People understood the issue about Highway 101 and the congestion it causes, not only on the freeway, but also on City streets. Mayor Boro stated there was also good support from those interested in Safe Routes to Schools and believed there was a good coalition of people who had an interest, and it would be incumbent on all to work towards the passing of this measure. Councilmember Cohen stated he believed this was a better plan than that previously seen. He was pleased with the changes and commented that it struck an appropriate balance. He understood Mr. Schonbrunn's comments and believed that those who voted and paid this tax would expect some of that money to go to an immediate result to be felt when driving their cars. Having a family member who recently lost the ability to drive, Councilmember Cohen stated he had become much more aware of the severe limitations of local transit and the ability for people to move around within the County. He hoped the Plan as laid out would meet these goals and was pleased it included at least the potential for what someone once referred to as the "holy grail of transit" — the idea of a local shuttle system that could remove the suburban pattern of circulation in a single -occupant automobile. Councilmember Cohen stated he agreed the Plan contained a lot that went beyond just a pothole tax, and hopefully the support this plan appeared to have garnered could be sustained through November and a successful passage. Councilmember Heller stated she was happy the Plan was before the City Council and that San Rafael was the first City to hopefully pass it. She stated she was excited about the funding for local transit. Recalling the loss of local transit last November, she believed this would go a long way towards replenishing that supply and also helping those who need the transit, because the local paratransit could not handle the need now and the anticipated need in the future. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 11556— RESOLUTION APPROVING THE MARIN COUNTY FINAL TRANSPORTATION SALES TAX EXPENDITURE PLAN AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro congratulated and thanked Mr. Tackaberry and Mr. Powell. SRCC Minutes (Regular) 05/17/2004 Page 10 SRCC Minutes (Regular) 05/17/2004 Page 11 COUNCILMEMBER REPORTS: 19. Leaque of California Cities: - File 9-11-1 Councilmember Heller reported that she and Lydia Romero, Assistant to the City Manager, attended the League of California Cities' meeting last week and voted to move forward on the proposed Constitutional Amendment. She indicated she brought back to staff a breakdown of the State General Fund, city contributions, repayments, etc., together with the recommended allocation. Indicating she had background information, Councilmember Heller stated she could provide this to those interested. There being no further business, Mayor Boro adjourned the City Council meeting at 9:20 p.m. in memory of Lois Gleadall, mother of Patricia Roberts, Administrative Assistant to the City Manager, who passed away on April 27, 2004. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 2004 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 05/17/2004 Page 11