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HomeMy WebLinkAboutCC Minutes 2006-11-20SRCC Minutes (Regular) 11/20/2006 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, NOVEMBER 20, 2006 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM Mayor Boro announced Closed Session item. Present: Albert J. Boro, Mayor Gary O. Phillips, Vice -Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr N. Miller, Councilmember Absent: None CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM — File 1-4-1a Conference with Labor Negotiators — Government Code Section 54957.6 Negotiators: Ken Nordhoff, Nancy Mackle, Lydia Romero, Donna Williamson, Richard Whitmore Employee Organization (s): San Rafael Fire Chief Officers' Association San Rafael Police Association San Rafael Police Mid -Management Association Association of Confidential Employees Western Council of Engineers SEIU Miscellaneous & Supervisory Childcare Unit City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: CONSENT CALENDAR: None 8:20 PM Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as follows: ITEM 2. Approval of Minutes of Special and Regular Meetings of Monday, November 6, 2006 3. SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1843 - An Ordinance of the City Council of the City of San Rafael Amending Chapters 4.04 And 4.08 of the San Rafael Municipal Code, and the Incorporated California Fire Code, to Authorize the Chief Building Official to Enforce Building Standards Relating to Fire and Panic Safety, and other Regulations of the State Fire Marshal and other Local Regulations, for R-3 and other Buildings, in Connection with the Fire Department Phase II Reorganization (FD) — File 9-3-85 x 9-3-31 x 1-6-1 x 1-6-4 4. Monthly Investment Report for Month Ending October, 2006 (FIN) — File 8-18 x 8-9 5. Resolution Authorizing the Establishment of a New Retirement Rate Plan Under Government Code Section 31676 for Employees Currently Employed (or Employed on or After January 1, 2007) in the San Rafael Fire Association and in the SEIU 949 Child Care Unit (MS) — File 7-1-26 x 7-8-2 x 7-8-4 RECOMMENDED ACTION Minutes approved as submitted. Approved final adoption of Ordinance No. 1843. Accepted Monthly Investment Report for month ending October, 2006, as presented. RESOLUTION NO. 12150 — RESOLUTION AUTHORIZING THE ESTABLISHMENT OF A NEW RETIREMENT RATE PLAN UNDER GOVERNMENT CODE SECTION 31676 FOR EMPLOYEES CURRENTLY EMPLOYED (OR EMPLOYED ON OR AFTER JANUARY SRCC Minutes (Regular) 11/20/2006 Page 1 SRCC Minutes (Regular) 11/20/2006 Page 2 1, 2007) IN THE SAN RAFAEL FIREFIGHTERS ASSOCIATION AND IN THE SEIU 949 CHILD CARE UNIT 6. Resolution Amending Resolution No. 11442, RESOLUTION NO. 12151 — Pertaining to the Compensation and Working RESOLUTION AMENDING Conditions for SEIU Local 949, Child Care Unit RESOLUTION NO. 11442 PERTAINING (3 -Year Agreement from November 1, 2006 - TO THE COMPENSATION AND October 31, 2009) (MS) - File 7-8-4 WORKING CONDITIONS FOR SEIU LOCAL 949, CHILD CARE UNIT (3 year agreement from November 1, 2006 through October 31, 2009) 7. Resolution Pertaining to the Compensation and RESOLUTION NO. 12152 — Working Conditions for the Association of RESOLUTION PERTAINING TO THE Confidential Employees (3 -Year Agreement from COMPENSATION AND WORKING July 1, 2006 - June 30, 2009) (MS) - CONDITIONS FOR THE SAN RAFAEL File 7-8-7 ASSOCIATION OF CONFIDENTIAL EMPLOYEES (3 year agreement from July 1, 2006 through June 30, 2009) 8. Resolution Approving a Memorandum of RESOLUTION NO. 12153 — Understanding (MOU) and Amending Resolution RESOLUTION AMENDING No. 11199, Pertaining to the Compensation and RESOLUTION NO. 11199 PERTAINING Working Conditions for Police Department TO THE COMPENSATION AND Personnel (3 -Year Agreement from July 1, 2006 - WORKING CONDITIONS FOR POLICE June 30, 2009) (MS) — File 7-8-3 DEPARTMENT PERSONNEL (3 year agreement from July 1, 2006 through June 30, 2009) 9. Report on Bid Opening for Library HVAC and RESOLUTION NO. 12154 — Window Replacement 2006, Project No. 11066, RESOLUTION REJECTING ALL BIDS and Resolution Rejecting all Bids and Authorizing FOR THE LIBRARY HVAC AND Staff to Rebid Project (PW) - File 9-3-40 x 9-3-61 WINDOW REPLACEMENT 2006, PROJECT NO. 11066, AND AUTHORIZING STAFF TO REBID THE PROJECT 10. Resolution Setting a Public Hearing on the RESOLUTION NO. 12155 — Issuance by the San Rafael Redevelopment RESOLUTION SETTING A PUBLIC Agency of Multi -Family Housing Revenue Bonds HEARING ON THE ISSUANCE BY in an Approximate Principal Amount of Six Million THE SAN RAFAEL Dollars ($6,000,000) Relating to Martinelli House REDEVELOPMENT AGENCY OF Multi -Family Housing Project (1327 Lincoln MULTI -FAMILY HOUSING REVENUE Avenue) (RA) - BONDS IN AN APPROXIMATE File 13-16 x 229 x (SRRA) R-467 x (SRRA) R-173 PRINCIPAL AMOUNT OF SIX MILLION DOLLARS ($6,000,000) RELATING TO MARTINELLI HOUSE MULTI -FAMILY HOUSING PROJECT (1327 LINCOLN AVENUE) 11. Resolution of Appreciation for Maurice Wolohan, RESOLUTION NO. 12156 — Director of Housing Rehabilitation and RESOLUTION OF APPRECIATION TO Development, Marin Housing (RA) — MAURICE WOLOHAN, DIRECTOR OF File 102 x 13-16 HOUSING REHABILITATION AND DEVELOPMENT, MARIN HOUSING AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINING: COUNCILMEMBERS: Cohen (from Minutes of Special Meeting of 11/06/06 only, due to absence from meeting) SRCC Minutes (Regular) 11/20/2006 Page 2 SRCC Minutes (Regular) 11/20/2006 Page 3 URGENCY ITEM — REQUESTED BY FIRE CHIEF JOHN MONTENERO: Councilmember Cohen moved and Councilmember Phillips seconded, to add the following Resolution as an Urgency Item that came up after agenda was posted: RESOLUTION OF APPRECIATION THANKING THE FAMILY OF FIREFIGHTER MICHAEL MCCUSKER FOR HIS 34 YEARS OF SERVICE TO THE CITY OF SAN RAFAEL FIRE DEPARTMENT AND TO THE PEOPLE OF SAN RAFAEL — FILE 9-3-31 x 102 x 109 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Explaining that Firefighter Michael McCusker was currently gravely ill in the hospital, Mayor Boro reported the Resolution stated: "He had been with the Fire Department since December 4, 1972, and for 34 years he had worked learning, mentoring and teaching, and positively affecting the lives of all those firefighters who worked with him; Children, and later grownups, living in San Rafael, later came forward to attest to how their lives had been forever influenced and positively changed by the gift of Mike McCusker's time and tutelage and his family had spent many a lonely night and time while Michael McCusker worked holidays, birthdays and school events, and all who knew him benefited from the time they spent working alongside a man of Michael McCusker's stature, integrity and ability. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael thank the family of Michael McCusker for his service and dedication to the City of San Rafael Fire Department and for every life that his life protected, mentored, saved, taught, or in some other most positive way, helped." Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 12157 — RESOLUTION OF APPRECIATION THANKING THE FAMILY OF FIREFIGHTER MICHAEL MCCUSKER FOR HIS 34 YEARS OF SERVICE TO THE CITY OF SAN RAFAEL FIRE DEPARTMENT AND TO THE PEOPLE OF SAN RAFAEL AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Thanking the representatives from the Fire Department in attendance on this very sad occasion, Mayor Boro stated the City Council was pleased to do this for the family, and he presented the Resolution of Appreciation to Jeff Conover, President, San Rafael Firefighters' Association, who in turn would present it to the family of Firefighter Michael McCusker. Indicating this would mean a lot to the family, especially Jeanette McCusker, Michael's mom, Fire Engineer Jeff Conover stated he very much appreciated this action from the City Council. PUBLIC HEARINGS: 12. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE TO REMOVE REFERENCES TO THE FIRE MARSHAL, DEPUTY FIRE MARSHAL, AND FIRE PREVENTION BUREAU INSPECTORS, TO BE CONSISTENT WITH THE RECENT AMENDMENTS OF CHAPTERS 4.04 AND 4.08 OF THE SAN RAFAEL MUNICIPAL CODE IN CONNECTION WITH THE FIRE DEPARTMENT PHASE II REORGANIZATION (CD/FD) — FILE 9-3-85 x 9-3-31 x 1-6-1 x 1-6-4 Mayor Boro declared the public hearing opened Fire Chief John Montenero reported that in January, 2006, the City Council authorized the Fire Department to commence a reorganization, which had two phases: Phase I — A reduction from four operating divisions to two, with the purpose of improving the Department's efficiency to carry out administrative work, and most importantly, to deliver operations to the public; and Phase II — To move Fire Prevention to the Community Development Department. SRCC Minutes (Regular) 11/20/2006 Page 3 SRCC Minutes (Regular) 11/20/2006 Page 4 Chief Montenero reported that at the City Council meeting of November 6, 2006, the City Council adopted a resolution authorizing the commencement of Phase II, moving Fire Prevention to Community Development, and passed Ordinance No. 1843 to print, granting the Chief Building Official authority to enforce fire and panic safety standards previously delegated to the Fire Chief. With approval of the Second Reading this evening of Ordinance No. 1843, Chief Montenero stated staff would follow up tomorrow with a letter to the California State Fire Marshal's Office and to the State Building Standards Commission confirming this had been done and enclosing a copy of the ordinance. Ivaldo Lenci, San Rafael, stated he was present to try to help the quagmire in San Rafael regarding the Fire and Police Departments and Public Works and suggested it should be mandatory in each city that the money for these departments should come from the General Fund and not from property taxes. Having paid $6,000 property taxes for his home in San Rafael this year, he noted the City of San Rafael received only $400 of this and he questioned where the remainder of the money went and why the City Council did not advocate for the citizens. Noting the homeowner exemption was still $7,000, Mr. Lenci stated this was back over four years ago. Currently the property tax on a home valued at $1.5 million is $15,000 annually; however, ten years ago this was only $400, and inquiring where this money goes, he believed it should go to Police, Fire and Public Works Departments. Mr. Lenci stated he would work very hard with the County and State to ensure that the Police, Fire and Public Works Departments became a jurisdiction with supervision by the City of San Rafael and under the control of State Law. Mr. Lenci thanked the City Council for the job they do. There being no further comment from the audience, Mayor Boro closed the public hearing. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING VARIOUS SECTIONS OF THE SAN RAFAEL MUNICIPAL CODE TO REMOVE REFERENCES TO THE FIRE MARSHAL, DEPUTY FIRE MARSHAL, AND FIRE PREVENTION BUREAU INSPECTORS, TO BE CONSISTENT WITH THE RECENT AMENDMENTS OF CHAPTERS 4.04 AND 4.08 OF THE SAN RAFAEL MUNICIPAL CODE IN CONNECTION WITH THE FIRE DEPARTMENT PHASE II REORGANIZATION" Councilmember Miller moved and Councilmember Phillips seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1844 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 13. CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 7.04 OF THE SAN RAFAEL MUNICIPAL CODE, REGARDING EMERGENCY SERVICES, TO REVISE THE APPLICABLE DEFINITIONS AND THE POWERS OF THE DIRECTOR OF EMERGENCY SERVICES (MS) — FILE 13-11 x 9-3-11 x 9-3-31 Mike Angeli, Interim Emergency Services Coordinator, stated this was consideration of adoption of an ordinance amending the San Rafael Municipal Code, Chapter 7.04, Emergency Services. The proposed ordinance would amend San Rafael Municipal Code Section 7.04.020 — Definitions — to add the term "epidemic" to the definitions for "emergency" consistent with the definitions of the California Emergency Services Act, Government Code Section 8558, and add references to the definitions concerning the term "state of war emergency", "state of emergency" and "local emergency", to be consistent with and have the same meaning as found in Government Code Section 8558. Mr. Angeli stated that the proposed ordinance would also amend Section 7.12.020 — Powers and Duties of the Director and Assistant Director — to empower the Director of Emergency Services, City Manager, to proclaim the existence or threatened existence of a local emergency if the City Council was not in session, subject to ratification by the City Council within seven days. In summary, Mr. Angeli reported that the ordinance adds and clarifies definitions and gives the EOC (Emergency Operations Center) Director specific authority. SRCC Minutes (Regular) 11/20/2006 Page 4 SRCC Minutes (Regular) 11/20/2006 Page 5 Mayor Boro declared the public hearing opened and there being no comment from the audience, closed the public hearing. The title of the ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 7.04 OF THE SAN RAFAEL MUNICIPAL CODE, REGARDING EMERGENCY SERVICES, TO REVISE THE APPLICABLE DEFINITIONS AND THE POWERS OF THE DIRECTOR OF EMERGENCY SERVICES" Councilmember Cohen moved and Councilmember Heller seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only and pass Charter Ordinance No. 1845 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCIL CONSIDERATION: OLD BUSINESS: 14. RESOLUTION ACCEPTING THE PROJECT OUTLINE FOR THE FOURTH STREET WEST END VILLAGE IMPROVEMENTS AND AUTHORIZING THE PROJECT FOR FUNDING THROUGH THE MEASURE A REGIONAL ROADS STRATEGY # 3 EXPENDITURE PLAN (PW) - FILE 4-3-452 x 9-3-40 x 11-6 Public Works Director Andrew Preston stated that one of the most important features of this project was the public outreach because the project to be described later by Phil Abey was based on all of these public meetings and the comments received. Explaining how the public outreach was conducted, Mr. Preston stated that a public outreach team was established, comprised of Scott Schneider, Senior Civil Engineer, Project Manager, Karen Chew, Senior Associate Engineer, Project Engineer, Stephanie Lovett, Economic Development Coordinator, and Richard Landis, Administrative Supervisor, Public Works. He stated that these four individuals basically went down the street knocking on everyone's door and talking with all of the merchants to ensure all were aware of the project, together with its challenges and issues. Reporting that three public meetings were held at different locations throughout the City, Mr. Preston stated that approximately 40 people attended. Two project walks took place, where the project team walked up and down the street twice with members of the public, merchants and property owners, to demonstrate all the different aspects associated with the project. Noting one well attended tree walk took place, Mr. Preston stated this was organized with the assistance of Marin ReLeaf and helped to identify the concerns, issues and problems with the trees recommended for removal as part of the project. A special meeting took place with the merchants and property owners to discuss the project directly with them, and a Study Session was held with the City Council two weeks ago. Mr. Preston reported that on June 14, 2006 he presented the initial project study report to the Technical Advisory Committee of the Transportation Authority of Marin, from which lots of comments were received. Mr. Preston reported that over the past four months the Traffic Division had conducted speed surveys, traffic counts, transit counts, pedestrian and bicycle counts, together with counts on jay walkers, and all of this information had been synthesized. He explained that the project originally started off as a "nuts and bolts" basic engineering type project, i.e., lay blacktop, do some curb and gutter and sidewalk repair; however, it turned into this wonderful, multi -module transportation project. The focus now was more on pedestrian safety enhancements, bicycle accommodations, transit use (four transit lines pass through with approximately 5,000 transit riders weekly), ADA improvements and developing a cohesive individual identity for this part of Fourth Street. Mr. Preston introduced Phil Abey, Abey Arnold Associates, Project Architect and Urban Designer, who would briefly describe the project and subsequently, he (Mr. Preston) would discuss the trees, cost and schedule. Philip Abey stated they took the public input and comments from the community and tried to look through the lens of the Downtown Vision, and while this document was generated a number of years ago it was still very valid. He believed the overall concept was to keep the West End Village a very different or identifiable neighborhood or region distinctively different SRCC Minutes (Regular) 11/20/2006 Page 5 SRCC Minutes (Regular) 11/20/2006 Page 6 from the downtown core of Fourth Street, while retaining a friendly pedestrian, urban flavor In doing this, Mr. Abey stated they tried to keep plant materials a little different and have a design concept with flowering trees at intersections and a type of tree with fall colors at mid blocks. Also with regard to intersections they intended to do something similar to the downtown core with bulb -outs, which they determined really helped to create visual cues for drivers regarding people crossing the street. In this respect, Mr. Abey stated the intention was to create some side features that were somewhat different from the downtown core areas; therefore, they were evaluating concrete walls of a very simple gray sandblast color with a vine on the street side, softening the view of the wall while providing seating at the corners. A Pistache tree leaf element was used in a cast iron grill (100% recycled product) as a feature on the wall to create an identity for the West End Village, and this would be carried through into the tree grates creating a continuity of pattern to identify the West End Village as unique. Additionally, he indicated this would be carried through as an element on expanded metal banners, possibly creating a graphic with a West End Village type font. Regarding the seat walls, Mr. Abey stated that a low type gray sandblast element was being considered, with concrete on the pedestrian side and a planting area on the street side. A lighting concept was also being evaluated whereby there would be up -lights on the flowering trees at intersections and strip cove lights underneath the reveal in the seat wall, providing an accent light at the pedestrian level. Mr. Abey reported that the paving in general would be more of a sandblast concrete in different shades of gray, again providing a different type of characteristic from the downtown core area. An exception would be between D and E Streets where the actual downtown core paving and detailing would be continued. He noted that the merchants in this area really wished to have that continuation; therefore E Street would be the changeover from the downtown core to West End Village. Regarding bike parking, Mr. Abey stated that single user bikes spread out along the length of the street rather than all in one group was being evaluated as it was believed this would be much more efficient and usable. The type to be used was still under consideration. Regarding trash cans, either a combination recycle trash or one of each paired up would be used in one spot. Councilmember Cohen requested clarification that the sidewalk treatment and landscaping section up to E Street would match the downtown core. Mr. Abey confirmed there would be tan colored concrete with brick banding, tree grates that match downtown and the corner treatment would have the same seat walls as the downtown core. Across the street would switch over to the West End Village element. Councilmember Cohen inquired whether different trees from downtown were being used for the West End Village project. Mr. Abey stated there would be a lot of Crepe Myrtles, Flowering Pears, with some Red Maples, Pistache and possibly a variety of London Plane trees in the mid blocks where there was sufficient space on both sides. Aware that traffic calming would take place in that area, Councilmember Heller inquired whether it was intended to have mid -block crosswalks. Mr. Abey stated one was being considered across from a City parking lot Councilmember Heller inquired as to how these would be differentiated. Mr. Preston stated at these locations the sidewalk would widen out to the crossing width for pedestrians, together with flashing orange beacons placed just before the crosswalk which would be activated either automatically or by a switch. In -pavement crosswalk lighting was also under consideration (similar to the Civic Center); however, Mr. Preston stated he had mixed feelings about this as it gave pedestrians a false sense of security and currently, he was not convinced the City should use these. With regard to the Civic Center lights, Councilmember Heller noted that people did not press the button, rather simply walked with no activation of the lights; therefore, making it automatic should be addressed should this option be considered. Mr. Preston reported that the technology to be used would be infrared sensors, whereby the lights would come on automatically on crossing the curb. Mr. Preston reported that the project cost for the removal of approximately 90 existing LiquidAmbar trees and the related reasons were discussed in the recent study session and City SRCC Minutes (Regular) 11/20/2006 Page 6 SRCC Minutes (Regular) 11/20/2006 Page 7 arborist, John Tune, was in the audience should there be further questions on this. Referring to photographs displayed in the Council Chambers, he explained that the tree roots were renowned for upheaving sidewalks, the trees dropped seed pods which when stepped on were very dangerous, and they also had some sudden limb death syndrome. With regard to replacing 90 trees with 105, Mr. Preston stated that at the study session, the City Council inquired whether there were any LiquidAmbar trees that could be retained at the moment and removed later. Directing Council's attention to the aerial photographs included in tonight's packet, Mr. Preston stated staff had highlighted some trees that could be retained. He indicated that a further tree walk took place between Public Works staff, including John Tune, and Sandra Sellinger of Marin Releaf, where 11 trees were identified that could be saved. He noted these were smaller LiquidAmbars that had not gotten to the stage of breaking up the sidewalk; however, eventually they would have to be removed. He estimated that within eight or ten years of the project they would reach the size where they should be removed. Having carried out some research on existing underground services and referring to page 2 of the Staff Report, Mr. Preston noted that while 11 trees could be saved, probably only 7 could be reinstalled at a later time, mainly due to the fact that the trees could not be planted in the same location, and in some locations because of the extent of underground services, there was too much congestion. He noted there would be an additional cost for replanting these trees at a later time of approximately $5,000 per tree. Mr. Preston stated that at this time staff strongly believed there should be a unified tree planting scheme as designed by Phil Abey, Landscape Architect, and it was important to the project to remain with his design theme and not retain a few odd trees which would be removed at a later time. Also, replanting other smaller trees would result in an inequality in size; therefore, staff recommended that all trees be removed as part of the project. Regarding the cost of the project, directing Council to page 3 of the Staff Report, Mr. Preston stated the forecast cost was approximately $4.5 million total (it was not possible to gauge the exact cost estimate until the final design phase). $3.5 million was currently in hand, $2 million of which was from the Measure `A' Regional funds. Mr. Preston reported having updated the Technical Advisory Committee (TAC) for TAM (Transportation Authority of Marin) on this project last Thursday, all of whom were extremely enthused and excited, especially concerning the amount of public outreach conducted and how the project was progressing with the multi -module transportation theme, not just cars. On reporting to them that at this stage it appeared as though the project would cost approximately $4.5 million and he would be requesting $3 million from the Measure `A' Regional Funds, Mr. Preston stated there was no reaction from anyone, rather they believed it to be a sound project and one worthy of funding through Measure `A' Regional Funds. Mr. Preston stated that subsequent to approval of the project scope by the City Council he would do an update on the project study report. He would return with it to the TAC in January, 2007, subsequently going to the full TAM board for their approval. Regarding the schedule of the project, referring to pages 3 and 4 of the Staff Report, Mr. Preston reported that the project had expanded considerably since its inception. The Marin Municipal Water District and San Rafael Sanitation District were now on board; their work would take place from Spring to Autumn of 2007, and the main project would commence in 2008 and continue for approximately twelve to fifteen months. Having considered ways to condense the project timeline as much as possible, Mr. Preston stated that when in or commencing the final design phases, he would work with the merchants and property owners in the preparation of the final specifications of the construction procedures to ascertain what they could live with and how much upheaval at any time they were prepared to endure, synthesizing this towards the contractors. Mr. Preston stated it was anticipated putting a partnering arrangement in the specifications where the City would agree from day 1 not to be adversaries in the project, rather cooperate. He noted contractors liked to see cities willing to partner as it went a long way to having a spirit of cooperation on the job, which could accelerate the work. Reporting that there would be weekly meetings with the contractor, Mr. Preston stated a representative from the merchants would be invited to attend these meetings. They would receive a thorough account of how the project was being run, they could provide ideas for expediting it and receive weekly schedule updates of which blocks would be under construction next. He noted that the minutes of these meetings would be posted on the e-mail list of all merchants, property owners, homeowners associations, and posted on the City's website to ensure everyone involved in the project would have a current update of the status. SRCC Minutes (Regular) 11/20/2006 Page 7 SRCC Minutes (Regular) 11/20/2006 Page 8 Complimenting Mr. Preston on doing a wonderful job of reaching out to the public and ensuring everyone understood, Councilmember Heller reported that the City Council was already receiving letters from those to be affected, and she inquired as to who would be dealing with responding to these. Mr. Preston stated that Scott Schneider, Senior Civil Engineer, Public Works, the Project Manager, had overall responsibility for the project, reporting to Mr. Preston, and he would be dealing with all correspondence and reporting back to the neighborhood and ensuring they were involved in the construction specifications. Sandra Sellinger, Marin ReLeaf, clarifying the walk with John Tune, stated that when this walk was arranged it was her understanding it would be professional to professional. Noting the invitation was sent via e-mail, she stated there were approximately 30 people in attendance and she did not have the opportunity to have a conversation with Mr. Tune, nor did she see the list of trees until a day after the last City Council meeting. She indicated she subsequently submitted material to the City Council and tried to emphasize the essential roles that trees play in the infrastructure of the City. Noting it had been determined that no trees were worth saving, Ms. Sellinger questioned why this had been allowed to happen. She stated that the budget for that department had been cut so badly that trees were now unsafe, unhealthy, and of the 56,000 trees in San Rafael, she inquired as to how many were healthy. Noting it was intended to place London Plane trees in only one area, Ms. Sellinger stated that these trees could be placed in larger areas than defined on the map. These were small trees and as she pointed out in her material, 25 -foot trees would only get 12 -feet into the street, and the international agreement had been 35% over gray surfaces; however, this project would not have that capacity. Noting London Planes were medium sized trees she stated there would be infrastructure damage and the City Council needed to direct staff on how to solve this problem. She indicated it was not necessary to kill, stunt or put trees into liability or make them damaging to the remainder of the community. To develop, Ms. Sellinger stated that an infill program must be developed and what was being proposed was to clear the land and make space for what developers wished to put in. She stated this was not fair to the community nor City funds, and by putting in small trees it would never be possible to have wood utilization, which she was offering, because some of the LiquidAmbars were worthwhile, while the small trees would not be. Ms. Sellinger pleaded with the City Council to reverse decades of deferred maintenance and give that particular department money to have 56,000 trees that would be a benefit to the community and could be turned into lumber when removed. She also requested that the City Council authorize staff to visit other communities (she had submitted a list of two with contacts), and that staff members become certified arborists prior to working on trees, noting trees were riddled with bad pruning. Additionally, Ms. Sellinger requested that staff visit other local communities that were successfully using bridging, ramping and rubber sidewalks, noting their success in San Francisco; however, the best place to see them was Redwood City. Lastly, for this project, Ms. Sellinger stated she had requested in her communication to the City Council that they contact Westamerica Bank and Hanna's Restaurant, to invite them to procure their own arborists and proceed with protecting their trees. She commented that it was very late for them to be notified to enable them to commence their pre -stress methods of fertilizing, spraying and pruning, which should have been done earlier this year. Ms. Sellinger noted that the City Council would decide this evening whether or not any of the trees were worth saving. She indicated that the last time she was present she had mentioned that when the Fire Department requested that trees be removed there be some type of mitigation, noting the cities of Los Gatos and Pasadena had these types of programs. She inquired whether staff had looked into that and if not, offered to help. Mayor Boro believed this last question had not been looked into yet; however, it would be pursued. Mr. Nordhoff stated this issue would arise when working through the Vegetation Management Ordinance and it would be incorporated as part of the overall plan and recommendations made. Barbara Elam, Fourth Street, stated she had been involved as much as possible with a lot of the meetings and was very enthusiastic about the project. She indicated that the letter she submitted explained concerns and requested special consideration for residential, tenant occupied buildings between E and F Streets. In speaking with Ms. Lovette, she indicated she SRCC Minutes (Regular) 11/20/2006 Page 8 SRCC Minutes (Regular) 11/20/2006 Page 9 realized this was a very unique area because not only did she own and operate an apartment building, but a lot of others did likewise in that section. Ms. Elam noted there were hidden apartments that had egress only to Fourth Street; therefore, she requested that consideration be given to the apartment rental tenants residing in the construction zone by day and night, by giving thought to beginning the project at D Street. Joel Heiss, Fourth Street, expressed thanks for the hard work done and believed the project would be wonderful and help the general business climate of the community, together with the reputation of the City to have one of the most beautiful streets in the United States. He believed there would be a big party at the conclusion of the project and suggested that those doing the concrete work at the top of E Street, where the hill starts, perhaps could create some type of structure for an announcement and include some time capsules. Noting construction companies have huge trailers that utilize a lot of parking spaces, he questioned whether it would be possible to prevail on them to renting one of the vacant spaces on the block, thus saving parking spaces. Lastly, aware that a lot of the restaurants were concerned about water turnoff, Mr. Heiss questioned whether there was a way to have a temporary portable water truck. Generally, he stated they were interested in ensuring that the businesses and tenants were there at the conclusion of the project and he offered to work with the City on these issues. Dan Sonnet, believing the project would look great, questioned why so many similar species of tree in a row were used and suggested that it would be better to have larger trees with a greater variety. To find out five or ten years hence the trees had some type of disease, he questioned why the City would choose to plant three blocks of the exact same tree, etc., only broken up by Crepe Myrtles. He requested that the City Council consider the mono -culture being established and the prospect of larger trees to have a canopy as opposed to the spherical shape these trees would provide. Samantha Bronson stated that as a homeowner in the area she was very excited about the project. One of her concerns throughout the process was pedestrian safety and she was glad to see those concerns had been incorporated. She looked forward to the project being completed and enjoying it, and she expressed thanks. Don Magdanz, Bicycle and Pedestrian Advisory Committee, Marin County Bicycle Coalition and a frequent cyclist on Fourth Street, indicated he also served on the Downtown Vision Committee with Councilmembers Heller and Miller and was a resident of the West End. Commending the Department of Public Works, Mr. Magdanz stated this started out as a simple repaving project which was no longer the case. Staff sought funds to get the project to where it was today; they had done a great job of community outreach, bending over backwards to ensure the public was well informed of what they were doing. He was delighted with the bike facilities and as a pedestrian, he believed the sidewalk repair was well worth doing. Having listened at least three times to John Tune explained why the LiquidAmbars should not be in that end of town, Mr. Magdanz stated he was concerned that if any of these trees were retained, damage to the paving would result. Regarding a question raised as to the last time this project had been done, he stated that the West End had been there for 100 plus years and he questioned whether it would be necessary to wait a further 100 years before undertaking this project. Mr. Magdanz believed the paving should last many years, hopefully most of the 100 years, unless the trees tore up the pavement, which the LiquidAmbars would do should they be retained. Mr. Magdanz urged the City Council to accept the Department of Public Works' outline on the project. The opportunity was available to do the project correctly and he urged the City Council to spend the City's money wisely. Regarding the comments raised this evening, Mayor Boro believed staff would work with all concerned on the issues. He invited Mr. Preston to comment on the issue of fewer, larger trees versus a lot of trees and not as large. Indicating that perhaps John Tune or Phil Abey could respond, Mr. Preston stated staff was trying to develop a sustainable urban forest which was the reason for doing this now and with different varieties of trees. Mr. Abey stated the intention was to select a number of species of trees that would be good 30 or 40 years from now. He explained that the trees were currently growing in a very small space between the back of sidewalk and building; therefore, a tree developing a canopy of 30 — 50 feet would be a problem when the branching structure began to bump into the buildings on the side. More acceptable trees could be placed closer together so that the canopy stayed closer to the pedestrian level. SRCC Minutes (Regular) 11/20/2006 Page 9 SRCC Minutes (Regular) 11/20/2006 Page 10 Mr. Tune explained that the trees needed to fit in the existing infrastructure. While in some of these locations there could be space for a larger canopy, the tree was being confined to a four foot square. Being a hard surface environment, there was a lack of openness, utilities and infrastructure underground and it could not be expected that roots from a larger tree would not interfere with those in the future. He explained that when the trees were selected, they looked at trees with a low root damage potential. Noting a vast number of trees were available, taking everything into account, he believed there was an obligation to choose something that could be sustained. Councilmember Phillips inquired why the same species would be planted in an entire block, rather than broken up. Noting a mono -culture currently existed, Mr. Abey stated they were attempting to alternate by block to have at least four to six different species of trees; therefore, in looking at the big picture there would be a mix. He indicated that the mixture needed to work with the intersections and had a design theme. Indicating it was not necessary to micromanage the number of trees in sequence, Councilmember Phillips believed consideration should be given to more than one species in a block as visually it would have a nicer appearance. Mr. Tune stated there were other species of trees that could be included in the mix. Mayor Boro believed Mr. Tune had made a good point regarding the setback, existing buildings, utilities, etc. Mayor Boro stated that some weeks ago after a City Council meeting he mentioned the twinkle lights to Public Works Director Andy Preston; however, Mr. Preston instead talked about how the lights at the intersection would be dealt with. Reiterating his remarks about the twinkle lights, Mayor Boro stated that Mr. Preston indicated they were a little difficult to attach when the trees were young, etc. While doing some work on another project, Mayor Boro stated he met a gentleman who was into branding. To be candid, he stated the big branding in the San Rafael downtown were the twinkle lights and he recalled people in the western end, San Anselmo, Fairfax, etc., indicating to him that often times on traveling home at night, they chose to drive on Fourth Street, rather than Third, because of the beautiful lights. Indicating he located his official copy of the Downtown San Rafael Vision, Mayor Boro referred to an article written in 1992 (and distributed copies to the City Council) concerning what it would be like on Fourth Street and Downtown in general, in the year 2010. Referring to the page on the West End Village he quoted: "The Village is connected to the Fourth Street retail core and participates in the marketing and managing efforts for Downtown retailers. The street trees, twinkle lights and sidewalk improvements are the same as those used on the rest of Fourth Street....." While he understood different work was being done on the cement, color, etc., he stated he was very serious in stating that while it might not be prudent to attach twinkle lights at the time the trees were first planted, because they needed to grow some and not stretch the wires; however, he assumed the trees would be pre -wired so that at the appropriate time, twinkle lights could be attached. Mr. Preston confirmed that all of the electrical conduit, conductors and circuits would be put in place as part of the project. He indicated that the general consensus from the public outreach was everyone liked the lights; however, wanted to be different from the other end of Fourth Street. The suggestion was for some type of up lights, i.e., lights under the tree grates that would shine up to illuminate the tree from underneath to achieve a nice highlighting of the underside of the branches and foliage. Mayor Boro recalled Mr. Abey indicating the Downtown Vision was consulted in considering this project; therefore, the reference to the twinkle lights could be expressly seen. Indicating that he liked the up -lights at the intersections, he believed that on entering San Rafael from the Miracle Mile with the trees grown, the twinkle lights would be a magnificent sight. Mayor Boro indicated that the record should reflect the introduction of the Downtown Vision document into the minutes. Councilmember Phillips agreed with Mayor Boro's sentiments regarding the twinkle lights. He thanked staff for the outreach conducted which obviously paid dividends and was beneficial. Noting no one liked to see the loss of trees, he stated there appeared to be a clear consensus that it was in the best interest of long range planning of the City to take the steps suggested and he would extend this to all trees. Councilmember Phillips stated he would be in favor of complete replacement with more trees than were being removed. SRCC Minutes (Regular) 11/20/2006 Page 10 SRCC Minutes (Regular) 11/20/2006 Page 11 Concurring, Councilmember Heller stated it was necessary to start out on a fresh footing and did not believe that in ten years anyone would express thanks for having to return and remove some of the trees and have large spaces. For the continuity and final look of the "product" she believed that a line of trees on both sides consecutively would be best. Councilmember Cohen thanked staff for their hard work on the project and for the outreach and concurred with the comments of his colleagues and members of the public who had recognized the work that had gone into the project. There had been some excellent suggestions from members of the community; therefore, going forward it would be necessary to continue to work closely to communicate what was being done not only to the neighbors and businesses but also communicate to the larger community. Councilmember Cohen recalled that when the loop was done, an outreach was conducted to ensure people understood what was taking place and perhaps this same type of marketing approach should be considered with regard to the West End. He believed staff needed to work with these businesses to ensure all their customers were not driven away and have to wait for them to return when the project was completed. On the issue of the trees, Councilmember Cohen stated he would like to see more attention paid to the point about mono -culture and suggested that perhaps there could be a way to introduce a little more variety. He invited staff to consider this while still on paper to ascertain whether there were trees that met the specifications, as he was not totally convinced about defining a block by having all the trees similar, rather than having a mix within the confines of the space limitations and type of tree. Thanking Sandra Sellinger for being a very dedicated advocate for pursuing this issue and bringing a lot of information to Council's attention, Councilmember Cohen assured her he did take the time to read the information she provided. He walked the area, looked at the trees and he thanked staff for identifying the trees that could potentially be saved; however, after consideration he had arrived at the conclusion that it was better to take the longer view and do it correctly now. He equated this to downtown where the City survived replacing the sidewalks, resulting in a wonderful area and he favored complete replacement. Having inspected the canopies, Councilmember Cohen noted the trees were tall and not very broad; therefore, he did not have the sense of tearing down a huge canopy. Councilmember Miller stated he viewed the project as it developed from a cold engineering laying down of asphalt to developing an experience of life and the celebration of the multiple relationships of all the various forms, shapes and ways that life is. He described all the wonderful attributes of trees, including providing an enchanting and healthful way for people to live, breath and walk. Believing the project to be a marvelous one, he congratulated City staff for all the heart and soul that went into it, together with the wonderful and intelligent engineering, and now the hands would make it come about. Councilmember Heller stated Measure `A' (TAM) needed to be thanked for making this possible and she wished to ensure that when signs were posted, something like "Your Measure `A' Funds at work — Thank you Public" would be included, as the City would not be doing this project without the half -cent tax voted on Mayor Boro recalled that when the project was introduced at the first meeting with the Redevelopment Agency and Public Works at the Downtown Arts Center, a number of residents and business owners were present and he was pleased that not only was good consensus developed, but people supported the project. Noting no one in opposition in the audience this evening he commented that those in attendance were very positive. Addressing Ms. Sellinger, Mayor Boro stated that he too appreciated all her efforts. He understood her cause, what she did and how hard she worked and remarked that San Rafael was a Tree City of which everyone was very proud. He believed in the long term the decision to replace all the trees was the correct one, because the 7 — 11 existing smaller trees that could be saved would begin to "act up" like the existing older trees in a few years; therefore, it should be done correctly now. Mayor Boro stated he looked to Phil Abey and City staff to really hone down the types of trees to be used because this would be a truly beautiful street, and being a cross -county connecter, one San Rafael could be proud of. Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution SRCC Minutes (Regular) 11/20/2006 Page 11 SRCC Minutes (Regular) 11/20/2006 Page 12 RESOLUTION NO. 12158 — RESOLUTION APPROVING THE PROJECT SCOPE FOR THE FOURTH STREET/WEST END VILLAGE IMPROVEMENT PROJECT (To include removal of all trees) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY MANAGER'S REPORT: 15. ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG) — FILE 111 City Manager Ken Nordhoff reported that staff was working with ABAG on the latest updates to the City's Housing and Jobs projections. Through a succession of meetings, including a stop at LAFCO, the process was now in a sixty day review period, during which time the cities and towns of Marin, and the County, were to work together to determine the formula to be used for how housing requirements within the unincorporated areas, as well as the County, would be allocated. He reported that Mr. Brown had been working extensively with his counterparts in the other communities to discuss realigning a balance of housing along the eastern corridor that reflected an appropriate balance between the cities and the County. Looking at how Marin had intentionally developed over decades, Mr. Nordhoff stated it was clear that the County had preserved a significant amount of land through agricultural trusts or open space preserves along the western or central part of the county; however, the development was intended to occur along the eastern corridor. The City now was at a place in front of ABAG where they had to make a determination about how the formula would work and also what the housing requirements in the future would be for each and every city. Mr. Nordhoff invited Mr. Brown to elaborate on the last couple of meetings he had and noting Councilmember Cohen attended the ABAG meeting last week, he might have something to add also. Community Development Director Bob Brown reported that seven years ago when the last housing numbers were handed down there was a split between cities and counties for the housing units that were attributable to the unincorporated areas; therefore, each city got its own allocation. There was a split where the counties would only be responsible for 25% of those units themselves and 75% went to the adjacent city. Mr. Brown stated the sentiment was that generally, one did not wish to create more dense housing in rural areas, which were typically thought of as unincorporated. He reported that this time around, ABAG involved a large number of cities - two representatives from each county: Linda Jackson, San Rafael and Paul Kermoyan, Sausalito. He indicated in that process it was decided that ABAG would recommend a different split this time — in a number of counties, 100% of those units would go directly to the cities and the county would have no responsibility for housing; however, in Alameda and Contra Costa, and adding Marin, 100% of the units would be retained by the county. The rationale in Marin was that back in the 1970s the split was done between urban county and rural county; therefore, Marin had the city center corridor, and the county had approximately 32 square miles of city center corridor land, i.e., Santa Venetia, Marinwood, Marin City, etc. Mr. Brown stated the feeling among the planning directors in the County was that the County had opportunities equal to cities to add housing. Reporting having attended the ABAG Executive Board meeting last week (Councilmember Cohen testified specifically about this point also), Mr. Brown stated that Executive Board Member, Supervisor Susan Adams, made a motion that Marin be allowed to create its own alternative for how housing units allocated to the unincorporated areas would be reallocated between the County and adjacent cities, e.g., 25% County responsibility versus 75% of the adjacent cities, which was used seven years ago. He stated that after a great discussion about other points entirely, the main motion was voted on and Supervisor Adams' amendment passed; however, they were still trying to figure out exactly what her amendment was. Mr. Brown stated his recollection was that the Marin agencies were supposed to arrive at a consensus on this point and report back to ABAG in 60 days; however, their staff had memorialized it as the 25% : 75% split unless everyone objected. Mr. Brown stated it was now contingent upon the county, within the sixty day review period, to find a forum to discuss the issue between city and county representatives. Councilmember Cohen stated it was worth looking at and he was very clear in his testimony, also mentioned by one of the many planning directors from Marin towns and cities, that the planning staffs had been meeting on this issue and unanimously agreed with the staff recommendation from ABAG. He indicated that as soon as the staff report was presented, SRCC Minutes (Regular) 11/20/2006 Page 12 SRCC Minutes (Regular) 11/20/2006 Page 13 Supervisor Adams very adroitly made a motion to approve the recommendation with this one change; therefore, that became the motion and debate went off elsewhere. He believed the proposal was that residents in San Rafael proper were going to have to face more pressure to develop more units where Santa Venetia and Marinwood would not. Councilmember Cohen stated Supervisor Adams used as an example that the City and County were working together and when the cities wished to annex land, the County was very willing to do so. Just recently the County had been planning for a piece of property; however, the City wanted to annex it, the County concurred and the City had, in fact, gone ahead to annex that property. He noted that clearly the property in question was the cemetery at the end of Fifth Avenue and he did not believe that was the type of housing ABAG had in mind when discussing housing numbers; however, Supervisor Adams did not clarify that point. Councilmember Cohen stated his interpretation was that Supervisor Adams made a motion to allow for a third way, i.e., that Marin, within the sixty day period, would determine a way to split those units; however, apparently ABAG staff perceived the motion differently and memorialized it as a 75% (cities): 25% (county) split. Councilmember Cohen suggested that the issue be placed on the Marin County Council of Mayors and Councilmembers (MCCMC) agenda, for discussion. He believed the advocacy from the cities was not as strong as the Supervisor's advocacy for the County's position. He noted two cities had taken action on this item prior to the ABAG meeting; however, he believed it could be appropriate to request the remainder to do so in addition to discussing the issue at MCCMC and unless there was objection, he would proceed with that discussion. He indicated he would like the item agendized for the San Rafael City Council to take a position at the meeting of 12/04/06. Pursuant to a discussion he had, Mayor Boro stated he believed someone got the impression there was some thought that possibly this would go to LAFCO (Local Agency Formation Commission) and not the cities for a vote; however, his reaction was that that was not right as LAFCO had nothing to do with setting housing goals. Councilmember Heller stated it did go to LAFCO. Mayor Boro stated that LAFCO should not make the decision on behalf of the cities. Councilmember Heller stated it was a 4:3 vote and explained that it was regarding the housing and Spheres of Influence. As she recalled, Supervisor Adams and the other Supervisor did not come forth with the definite 25% : 75% split, which was a far stretch from fair, rather they had a lot to say about 50 : 50 and fairly sharing, etc. Mr. Nordhoff stated staff would ensure that this item was agendized for the MCCMC meeting of Wednesday, November 29, 2006, and for the City Council meeting of December 4, 2006. Councilmember Heller stated that when taking the issue to MCCMC, a very brief report should be prepared to distribute to each Councilmember. Mr. Nordhoff confirmed that Mr. Brown would prepare a brief report for the MCCMC COUNCILMEMBER REPORTS: 16. a) GAP Closure Project: - File 171 x 9-3-40 Mayor Boro reported that at the recent TAM (Transportation Authority of Marin) meeting it was noted that of the $4 million shortfall on the completion of Phase IV of the Gap Closure Project, $1 million remained. As part of the cost overrun related to the bike path, at one point it was believed that this being a benefit to San Rafael, the City should contribute the $1 million. Mayor Boro indicated he took great exception to this on the basis that it was a regional plan, and as a community, San Rafael was enduring a lot for the project through inconvenience, noise, etc. He reported that Ken Nordhoff, City Manager, and Andy Preston, Public Works Director, met with Diane Steinhauser, TAM Executive Director, last week and agreement was reached that San Rafael would advance (not commit) the money from Measure A funds for local streets to get the project through the bidding process. Mayor Boro explained that once the estimates were received, if they are lower, San Rafael would immediately be taken off the hook; however, should they be higher, cuts would be made to the bike path or other monies would be found through the different measures having funds available. He reiterated that this was treated as an advance, not a commitment. SRCC Minutes (Regular) 11/20/2006 Page 13 SRCC Minutes (Regular) 11/20/2006 Page 14 b) Marin Telecommunications Agency (MTA): - File 4-13-101 Having attended the MTA meeting on behalf of Councilmember Miller, Councilmember Heller stated that copies of the material she received regarding AB 2987 were available to Councilmembers from Lydia Romero, Assistant to the City Manager. There being no further business, Mayor Boro adjourned the City Council meeting at 9:50 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 2006 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 11/20/2006 Page 14