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
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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
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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.
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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
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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
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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
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• 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.
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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
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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.
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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
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