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HomeMy WebLinkAboutCC Minutes 2007-04-16SRCC Minutes (Regular) 04/16/2007 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, APRIL 16. 2007 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 items. Present: Albert J. Boro, Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: Paul M. Cohen, Vice -Mayor CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM — File 1-4-1a 1. a) Public Employment — Government Code Section 54957(b)(1) Title: Assistant to the City Manager b) Public Employment — Government Code Section 54957(b)(1) Title: City Attorney City Attorney Gary Ragghianti announced that no reportable action was taken on 1. b). Mayor Boro reported at 10:40 p.m. that no reportable action was taken on 1.a). ORAL COMMUNICATIONS OF AN URGENCY NATURE: None CONSENT CALENDAR: Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as follows: 1111=1LTA l RECOMMENDED ACTION 3. Resolution Authorizing the City Manager to RESOLUTION NO. 12231 — Execute a Fifth Amendment to the Agreement for RESOLUTION AUTHORIZING THE Professional Planning Services with Lisa CITY MANAGER TO EXECUTE A Newman for Assistance as Project Planner for FIFTH AMENDMENT TO THE the Proposed Annexation and Expansion of Mt. AGREEMENT FOR PROFESSIONAL Tamalpais Cemetery, Increasing the Budget for PLANNING SERVICES WITH LISA the Agreement from $173,750 to $210,000, and NEWMAN (DBA NEWMAN PLANNING Extending the Term of the Agreement Through ASSOCIATES) FOR PROJECT June 30, 2008, with All Costs Reimbursed by the MANAGEMENT SERVICES RELATED Project Developers Through Cost Recovery TO THE ANNEXATION AND (CD) — File 4-3-418 x 5-2 x 10-2 EXPANSION OF MT. TAMALPAIS CEMETERY (Terms of Amended Agreement: through June 30, 2008, with a total amended budget amount not to exceed $210,000. All costs to be reimbursed to the City through cost recovery from project applicants) 4. Resolution of Appreciation to Anne Laird -Blanton RESOLUTION NO. 12232 — for her Service on the Design Review Board RESOLUTION OF APPRECIATION TO (CD) — File 102 x 9-2-39 ANNE LAIRD-BLANTON FOR HER SERVICE ON THE DESIGN REVIEW BOARD 5. Summary of Legislation Affecting San Rafael Approved staff recommendation: (CM) — File 116 x 9-1 AB 642 — Design -build: Counties, Cities and Special Districts. SUPPORT. SRCC Minutes (Regular) 04/16/2007 Page t SRCC Minutes (Regular) 04/16/2007 Page 2 6. Resolution of Appreciation to Lydia Romero, RESOLUTION NO. 12233— Assistant to the City Manager (CM) - RESOLUTION OF APPRECIATION TO File 102 x 9-3-11 LYDIA ROMERO, ASSISTANT TO THE CITY MANAGER (for 9 years of service to the City) 7. Monthly Investment Report for Month Ending Accepted Monthly Investment Report March, 2007 (Fin) - File 8-18 x 8-9 for month ending March, 2007, as presented. 8. Resolution of Appreciation to Kathy Devlin for 13 RESOLUTION NO. 12234 — Years of Service on the San Rafael Fire RESOLUTION OF APPRECIATION TO Commission (FD) — File 102 x 9-3-31 KATHY DEVLIN FOR 13 YEARS OF SERVICE ON THE SAN RAFAEL FIRE COMMISSION 9. Report on Bid Opening and Resolution Awarding RESOLUTION NO. 12235 — the Contract for the 2006 ADA Curb Ramp RESOLUTION AWARDING Project (Rebid), Project No. 15006, to Ghilotti CONTRACT FOR 2006 ADA CURB Construction Company in the Amount of RAMP PROJECT (REBID) TO $303,229.75; Bid Opening Held on Tuesday, GHILOTTI CONSTRUCTION April 3, 2007 (PW) — File 4-1-594 x 13-1-1 COMPANY, IN THE AMOUNT OF $303,229.75 (lowest responsible bidder) 10. Resolution Authorizing Temporary Closure of Item removed from agenda at request Alto Street from Larkspur Street to Belvedere of staff. Street to Allow for the Canal Alliance Cinco de Mayo Celebration on May 5, 2007, from 9:00 a.m. to 7:30 p.m. (RA) -File 11-19 11. Resolution Authorizing Temporary Closure of RESOLUTION NO. 12236 — Cottage Avenue, Between Fifth Avenue and RESOLUTION AUTHORIZING THE Mission Avenue, for Marin Academy's New TEMPORARY CLOSURE OF A CITY Building Grand Opening Event on June 1, 2007 STREET FOR MARIN ACADEMY'S (RA) — File 11-19 NEW BUILDING GRAND OPENING EVENT ON JUNE 1, 2007 FROM 8:00 AM — 8:00 PM (Cottage Avenue from Fifth Avenue to Mission Avenue) AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following item was removed from the agenda for discussion by Mayor Boro: 2. APPROVAL OF MINUTES OF REGULAR MEETING OF MONDAY, MARCH 19, 2007 (CC) Urgency Item: CONSIDERATION OF SIGNIFICANT CHANGES MADE BY CALTRANS TO THE CONSTRUCTION PLANS FOR HIGHWAY 101 WIDENING PROJECT IN CENTRAL SAN RAFAEL Referring to page 5 of the Minutes dated March 19, 2007, Mayor Boro requested a correction be made to reflect that his remarks in the last paragraph read: "....he also recalled hearing that there would be two lanes..." Councilmember Phillips moved and Councilmember Miller seconded, to approve the Minutes of March 19, 2007, as amended. AYES: COUNCILMEMBERS: Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen ABSTAINING: COUNCILMEMBERS: Heller (due to absence from meetinq of 3/19/07) SRCC Minutes (Regular) 04/16/2007 Page 2 SRCC Minutes (Regular) 04/16/2007 Page 3 SPECIAL PRESENTATIONS: 13. PRESENTATION OF RESOLUTION OF APPRECIATION TO ANNE LAIRD-BLANTON FOR HER SERVICE ON THE DESIGN REVIEW BOARD (CD) — FILE 102 x 9-2-39 Mayor Boro reported that Anne Laird -Blanton had served on the Design Review Board since 2002 and in the 2004, she served as the Chair. He indicated that the second paragraph of the Resolution addressed the many projects she oversaw as Chair and stated that the City Council very much appreciated the work she and her board did in that time. Mayor Boro noted the Resolution also spoke to the fact that she provided insightful input on several long range planning projects, including the re -write of the Sign Ordinance and the City's Design Guidelines. She also served as President of the San Francisco Chapter of the American Institute of Architects, soliciting volunteer architects to assist on the General Plan 2020 Design Charattes, and her participation on the Design Review Board was characterized by her strong work ethic, an excellent ability to tactfully convey design direction to applicants, and an interest in improving the physical qualities of the City of San Rafael. Commenting that this was a great tribute, Mayor Boro congratulated and thanked Anne Laird - Blanton. Expressing thanks, Ms. Laird -Blanton stated that the Design Review Board had been an incredible experience for her and she considered it a community service that was really making a difference in San Rafael. Even though all projects did not quite turn out the way they wished over the years, she believed there were none that did not turn out better because of the efforts of the Design Review Board. She applauded the City Council for listening to what they said, most of the time. 12. PRESENTATION OF RESOLUTION OF APPRECIATION TO KATHY DEVLIN FOR 13 YEARS OF SERVICE ON THE SAN RAFAEL FIRE COMMISSION (FD) — FILE 102 x 9-3-31 Reporting that Kathy Devlin had worked tirelessly on the five -member Fire Commission giving great effort to the community, Mayor Boro stated the Resolution spoke to her actively participating in the meetings and the Fire Department had come to depend on her participation to educate the community about vegetation management, and she willingly worked on writing and distributing information that had educated the homeowners of the City of San Rafael about Fire Protection. Commenting that Ms. Devlin had obviously put many hours of effort into the work she had done, Mayor Boro quoted from the Resolution: "Kathy has a combination of extraordinary intelligence, memory and knowledge of history about San Rafael and its Fire Department." He noted she was always willing to do whatever was asked of her on behalf of the Fire Department, and all the Fire Commission members, City Council, all members of the Fire Department and the Fire Chief expressed their thanks. Expressing thanks, Kathy Devlin stated that it had been a great opportunity. She had learned so much and believed it wonderful that the City involved and encouraged the community to participate to make the City a better place. 14. PRESENTATION OF RESOLUTION OF APPRECIATION TO LYDIA ROMERO. ASSISTANT TO THE CITY MANAGER (CM) — FILE 102 x 9-3-11 Mayor Boro explained that Lydia Romero had been the Assistant to the City Manager for the past nine years and she was leaving San Rafael to work in the City of San Marcos, San Diego County, as Deputy City Manager. Quoting from the Resolution, Mayor Boro stated: "Lydia Romero, at a very young age, began her almost nine year tenure in the City of San Rafael as the Assistant to the City Manager on June 22, 1998; and Ms. Romero's been a stellar Assistant to the City Manager, so much so, that she will be the standard by which other 'Assistant To's' will be judged from this day forward; and Ms. Romero is an outstanding Public Information Officer, which not only includes the preparation and distribution of City information and press releases, but requires developing collaborative, trusting relationships with the local media; and Lydia, as she is known by her closest confidants, was never seen to consume vegetable matter of any sort during her tenure, coming closest during a French fry eating contest sponsored by local eateries late in the past century; and No box of chocolates or pot of coffee stood a chance near Ms. Romero, as these staples SRCC Minutes (Regular) 04/16/2007 Page 3 SRCC Minutes (Regular) 04/16/2007 Page 4 represented her own personal version of the FDA's food pyramid, aka caffeine, sodium rich snacks, doughnut and/or muffin tops, and of course, high fructose corn syrup; and Lydia, all attempts at humor aside, was always willing to assist her colleagues with projects and tasks, despite seemingly impossible deadlines and pressures, giving generously of her time and energy." On behalf of all present and the City of San Rafael, Mayor Boro congratulated and thanked Ms. Romero and wished her the best of good luck in her new assignment. Ms. Romero stated it had been a pleasure working for the City Council, the community and City staff for the past nine years. Indicating she was excited about the challenges ahead, she stated she would miss her San Rafael family. SRCC Minutes (Regular) 04/16/2007 Page 4 SRCC Minutes (Regular) 04/16/2007 Page 5 Add On Item: RECOGNITION OF SPECIAL AWARD TO CITY CLERK JEANNE LEONCINI — FILE 9-3-14 Mayor Boro reported that the City Clerks Association of California had presented San Rafael City Clerk Jeanne Leoncini with an Award of Distinction for Outstandinq Public Service and he could not think of anyone more qualified or deserving to receive such an award. Ms. Leoncini thanked Mayor Boro, Lydia Romero, the City Council and staff. Thanking her husband, Lou, she indicated she would not have received this award without his support. Mayor Boro paused the City Council meeting briefly to honor this evening's recipients with a cake and coffee reception in City Hall lobby. Mayor Boro then resumed the City Council meeting. PUBLIC HEARING: 15. Public Hearinq — CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.50 OF THE SAN RAFAEL MUNICIPAL CODE: 1) INCREASING THE MONETARY LIMIT OF PUBLIC WORKS PROJECTS SUBJECT TO INFORMAL BIDDING PROCEDURES; AND 2) CLARIFYING CIRCUMSTANCES IN WHICH BIDDING PROCEDURES MAY BE WAIVED (PW) — FILE 9-3-40 x 9-1-2 Mayor Boro declared the public hearing opened Public Works Director Andy Preston stated that the proposed amendment to the ordinance deals with two separate issues: 1) Increasing the limit on informal bid projects and 2) clarifying circumstances when bidding may be waived. Regarding increasing the informal bid limit, Mr. Preston explained that the existing ordinance deals with two types of contracts - major and minor contracts. Mr. Preston reported that currently, a major contract is anything with a contract value over $44,000. This contract has to be formally bid, which is quite a lengthy process involving a complete plans, specifications and estimate package, bonds, advertised with at least a one month bidding period and is subsequently awarded by the City Council. He indicated that the process normally takes between four to six months to complete. Explaining that a minor contract could be informally bid, Mr. Preston stated this was for projects under $44,000. It was a much simpler bid package, not requiring the same formal process as major contracts, may not require bonds and could take between two to four weeks to bid, resulting in a considerable savings in time. He indicated it was a great tool for Public Works because as there were a lot of projects in the up to $100,000 range, going through the informal bid process would produce a lot more work in a shorter space of time. Mr. Preston reported that the existing ordinance was last updated in 1994, and since that time there had been a substantial increase in construction costs. He indicated that the proposed new limit is from the California Legislature's "Uniform Construction Cost Accounting Commission", which determines the monetary specials for Public Works projects. Mr. Preston stated this Commission recommends that the limit for informal bids be increased to $125,000. Indicating that the formal bid procedures, even with this increased limit, would remain the same as currently, Mr. Preston stated the requirement was to obtain at least a minimum of three bids. He explained that normally for projects such as drainage, paving or routine engineering projects, six to eight bids were usually received. Mr. Preston stated that those contractors used for informal bids must have a history of working with the City and could be relied upon to do good work. Informal bids are not offered to someone starting in business. They must also pay prevailing wages. To ensure Public Works was accountable, with the increase in the bidding limits, staff proposed that the Public Works Department go to the City Council on a quarterly basis to provide an update on each and every project that was informally bid. Clarifying circumstances when bidding may be waived, Mr. Preston explained the first was new. It came from the California Legislature Uniform Construction Cost Accounting Commission, and stated that when a project has a value of less than $30,000, the City could waive the bidding procedure. He indicated that these were the smaller projects, which did not afford any bidding advantage. Mr. Preston stated Public Works would try to bid as many projects through the informal bid process as possible; however, in doing so, these contractors would be reported on SRCC Minutes (Regular) 04/16/2007 Page 5 SRCC Minutes (Regular) 04/16/2007 Page 6 in the quarterly report to the City Council Explaining the second circumstance — an emergency situation where the health and safety of the residents of San Rafael, or elsewhere, were at risk — Mr. Preston stated these were incidents such as happened sixteen months ago with major flooding, etc., where a contractor is hired immediately to make the repairs, subsequently reporting to the City Manager and City Council. He indicated that when contractors are hired in an emergency situation, a force account procedure from CALTRANS is used, which is a time and materials procedure, prevailing wages are paid, together with the equipment rental rate as defined in the CALTRANS manual of rates. Regarding the third circumstance, Mr. Preston explained that the City Council may waive the bidding requirements in certain circumstances. He indicated this was very similar to the existing ordinance and the circumstances were outlined on page 3 — Item b) of the new ordinance. Regarding the informal bid process, Councilmember Heller inquired as to how contractors were selected. Mr. Preston explained that Public Works has never had a difficult time getting contractors to bid City projects. He noted San Rafael was fortunate to have many of the major engineering contractors located in the City and they all were eager to bid projects, regardless of how busy they were. Councilmember Heller inquired as to how new, qualified contractors were selected for the informal bid process. Mayor Boro noted Mr. Preston indicated that those bidding informally were generally contractors the City had dealt with in the past whose track record was known and who could be trusted to do the job, and he believed Councilmember Heller's question was how another contractor became a member of that group. Mr. Preston stated this is normally accomplished by bidding a formal project of over $125,000 which demonstrated they had the ability, experience, manpower and resources. Councilmember Miller inquired whether other cities were recognizing the increased costs, necessitating a higher informal bid amount. Having checked with Farhad Mansourian, Marin County Public Works Director, Mr. Preston stated the County's informal bid amount was currently $100,000 and they hoped to have this increased to $125,000 by the Board of Supervisors soon. He indicated that many of the other agencies in the County who were currently at $75,000 would be requesting to have this amount raised to $125,000 in the near future. Agreeing that this was a good idea, Councilmember Phillips concurred with the recommendation to have a quarterly report. He presumed, however, that Council would not see amounts of $29,999.00 x 4 on a project. Mr. Nordhoff stated this report would probably be presented to the City Council in a traditional staff report with the appropriate attachments to provide sufficient information about activity in the previous quarter. There being no 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 CHAPTER 11.50 OF THE SAN RAFAEL MUNICIPAL CODE TO INCREASE THE MONETARY LIMIT FOR PUBLIC WORKS PROJECTS THAT MAY BE BID USING INFORMAL BIDDING PROCEDURES, AND TO CLARIFY CERTAIN BIDDING PROCEDURES" Councilmember Phillips 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. 1849 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SRCC Minutes (Regular) 04/16/2007 Page 6 SRCC Minutes (Regular) 04/16/2007 Page 7 COUNCIL CONSIDERATION: OLD BUSINESS: 16. UPDATE ON UTILITY UNDERGROUNDING FOR FOURTH STREET WEST END VILLAGE PROJECT (PW) — FILE 12-18 x 9-3-40 Mr. Preston stated that the handout received by the City Council this evening was a reduced version of the plan on display in the Council Chambers. He indicated that work began today by Marin Municipal Water District (MMWD) on the project, starting at the Miracle Mile end of Fourth Street and working back to downtown. Michael Paul was the contractor; the City had used this contractor in the past and Mr. Preston reported he was excellent and very easy to work with. On the first day (today) over 120 -feet of pipeline was placed. 200 feet daily was proposed with a completion date of August. Indicating that the San Rafael Sanitation District had a far more difficult and challenging project, Mr. Preston explained that it would be over $2 million in scope and far more complex. As District Administrator of the Sanitation District, he planned on putting the project out to bid at the end of the week, opening bids in May and going to the Sanitation District Board on June 61n 2007, with an anticipated start date of July 91h or earlier. Elaborating on some of the challenges, using a construction area map, Mr. Preston identified the sewer pipe placement, and whereas the Water District was on one side of the street, maintaining two-way traffic at all times, the Sanitation District pipes would be in the center of the street. It was proposed, however, to keep one lane open for traffic at all times in the westerly direction. Directing Council's attention to the plans, Mr. Preston identified the depth of the sewer pipeline, which starting at the Miracle Mile end was 5 -feet deep, increasing to 6 -feet deep at G Street and continuing to increase to reach 16 -feet in depth at Shaver Street. To add to the difficulty, it was found that in the area between F and Shaver Streets, especially outside Cain's Tire, bedrock was being encountered at 5 -feet deep. Mr. Preston reported that additional holes were being bored to a depth of 20 -feet to find out what was below that 10 -foot depth level. It was feared, however, that blue rock could be encountered, which was the hardest rock to be found in the entire San Rafael area. He noted that the work outside Cain's Tire could take approximately four weeks. Noting Cain's Tire was a very busy business, Mr. Preston stated they take delivery of 200 tires daily via three box trucks. They also service between 70 and 80 vehicles daily; therefore, this would be a very major, busy intersection. In his opinion, Mr. Preston stated it would be impossible to carry out this work in the daytime. Equally difficult was a small section on Fourth Street, between D and E Streets, and while only 5 -feet deep, it was one of the busiest areas of the street. Mr. Preston identified an area where the sewer was not contained in the pipeline; therefore, it would be necessary to open up the entire street wider than normally to locate the sewer pipe. Mr. Preston explained that staff proposed to carry out the work on the section between D and E Streets, branches up D and E Streets , the section outside Cain's Tire, right at Cain's Tire at Shaver, together with the section on Shaver Street, at night. He estimated it would take approximately two weeks to do the D to E Streets section, and perhaps four weeks outside of Cain's Tire. With regard to residences in the area, Mr. Preston noted an apartment complex between D and E Streets on the southside of the street, a house at Shaver Street, houses on Latham and the bottom part of Shaver Streets and apartments over the Mayflower Pub. Although the amount of residences was fairly limited, they would be greatly affected by this nighttime work, which would be extremely noisy, especially upon hitting hard rock or blue rock. He noted that should blue rock be encountered, it could be necessary to consider drilling or blasting to fracture the rock before digging, which would be very challenging; therefore, nighttime work would be best for the area. To be as fair as possible to residents, Mr. Preston stated staff proposed to commence work at 5:00 p.m., ending at 1:00 a.m. It was proposed to begin the work on July 9, 2007 and be finished by August. The remainder of the work would be carried out during the day. The MMWD's project would be completed in August and on completion of the City's nighttime work, the main line from Shaver Street, working westward towards Miracle Mile, would commence. Mayor Boro inquired whether Mr. Preston and Ms. Lovette, Economic Development Coordinator, had meetings with the businesses and residents in the neighborhood. SRCC Minutes (Regular) 04/16/2007 Page 7 SRCC Minutes (Regular) 04/16/2007 Page 8 Responding affirmatively, Mr. Preston stated there had been approximately five meetings with the residents and merchants, some of whom were present this evening. Noting residents were in attendance this evening, Stephanie Lovette stated that in the original meetings, night work was not discussed; therefore, this was the first occasion for them to hear the plan. Councilmember Heller inquired as to why it was necessary to go so deep in one particular spot. Mr. Preston explained that the street sloped from east to west and the sewer from west to east and the point of the existing sewer was 16 feet deep. He stated that unfortunately, the same alignment as the existing sewer was not being followed. Responding to Councilmember Heller's question as to the age of the sewer system, Mr. Preston stated that different parts were placed in the last century; therefore, many parts were over 100 years old and needed to be replaced. Jovice Scheer, Headlines Salon, stated her business was located between Shaver and F Streets. She inquired whether the street would always be open to traffic during the project and whether the parking spaces would be eliminated. Also, she inquired whether there would be access to driveways. Regarding the water, she inquired as to how long the water would be shut off. She noted there were four salons on her block, all of which relied on water for their business, and these businesses would need to know at least two weeks in advance of the date and duration of the shut off, so that they could reschedule clients. Mr. Preston stated the street would always be open during the day. (Nighttime work around the Cain's Tire area would require street closure.) The westbound lane would be open, with no parking on either side of the street in the construction areas. He anticipated completing between 70 and 100 feet daily in the five-foot deep areas; the street would be open to cars and the sidewalk open to pedestrians at all times. Mr. Preston stated that in most cases, the driveways would be open; however, depending on the direction from which cars were traveling, there could be some times during the day when cars could not enter the driveways because of open trenches. He indicated that the contractor was very amenable and would try to work with residents and proprietors as much as possible. Regarding water, Mr. Preston reported that MMWD had scheduled the changeover to the new water main to take place at nighttime. This would entail closing down the main, chlorinating and disinfecting it and completing the changeover, which would take approximately six hours. This would be scheduled with the property owners, merchants and residents to try to inconvenience them the least. Mayor Boro confirmed that the water would not be shut off during the day during the project. Mr. Preston stated it would be temporarily shut off for approximately two hours when individual water service was being replaced. He indicated that the sewers would never be shut off. Ms. Lovette stated that Karen Chew, Project Engineer, had been working very closely with MMWD and informing them exactly where the concerns were. MMWD had provided a list of those that would be completed at night, specifically to help the salons. She stated that MMWD had indicated the water would be back on by 6:00 a.m. and they would notify those involved the night before. Chris Griffith indicated she was the one resident beside Cain's Tires. While she was pleased with the project, she inquired as to the reason for doing the work at night. Mr. Preston explained that the amount of work to be done at Cain's Tire was very difficult. To dig a hole 16 -feet deep required a lot of construction equipment and protection for those excavating in the manhole and trench; therefore, a lot of space was required for heavy equipment and materials. The logistics of getting all this material and equipment in the ground, and to protect the workers, required utilizing the entire intersection and the section directly in front of Cain's Tire; therefore, to endeavor to keep Cain's Tire open during the project, it was essential that the work be carried out at night. Pat McAlonan, Cain's Tire, complimented staff on their cooperation and while it was a bad deal for all, he acknowledged it had to be done. He reported that 90 — 126 cars visit Cain's daily, and these customers also patronize other businesses. They have 32 long term employees, all of whom would be unemployed in the event vehicles could not enter Cain's during the day. He again complimented staff and appreciated their politeness. SRCC Minutes (Regular) 04/16/2007 Page 8 SRCC Minutes (Regular) 04/16/2007 Page 9 Briaid Hoqan, resident across the street from Cain's Tire, stated Cain's were great neighbors and while she realized it would be bad for everyone, it had to be done. She hoped communication between staff and residents would be very clear to enable parking situations to be resolved. She stated she fully supported the project. Josh Stapp, Clogs Unlimited, stated that this project could have the potential of closing his business. Purchasing shoes took time and with no street parking, people would not visit his store. He saw a drop in sales today, even with a light project. He submitted photographs taken today of the situation caused by MMWD's work, which depicted construction trucks, etc. parked near his store, prohibiting customer parking. Noting Fourth Street had a high amount of traffic in both directions until approximately 5:30 p.m. daily, Mr. Stapp suggested it made sense to do some of the work at night in certain sections. Recalling similar closures for a short period with construction at the lower end of Fourth Street and with regard to the impact on Clogs, Mayor Boro inquired whether this area would be one- way during the entire construction period. Mr. Preston explained that today was one of the most difficult times in and around the Ida Street area because the Water District was carrying out two trenching operations. He noted that with normal construction, the east side of Ida Street would be available for normal parking; however, today because of equipment and materials, the street was closed. Mr. Preston stated this would be cleared up within a couple of days. He noted that street parking would only be restricted in the actual 200 -foot construction area and a few feet on either side; the remainder of Fourth Street would be available for parking. Mayor Boro noted that there obviously would be hardships in front of the stores on the days of construction. He suggested that staff be present to resolve situations as they arose. Ms. Lovette stated that Karen Chew, Project Engineer, was on site today and staff would be present to monitor the situation daily. Noting there was a City parking lot in the West End, she indicated that staff would be meeting with Public Works to have better signage placed there to remind drivers of the availability of this lot. Councilmember Phillips inquired whether accommodations would be made for workmen to park. Reporting that staff had discussions with Parking Services Manager Mark Miller, Ms. Lovette stated that the parking lot on Second Street was very under-utilized and Mr. Miller was willing to provide that lot for construction workers. Discussions would also take place to try to carry out more enforcement on Ida Street. With regard to shuttling workers from distant parking to the construction site, Mr. Preston stated this would be the responsibility of the contractor. He believed Michael Paul Construction to be a very accommodating contractor and he would discuss this issue with him tomorrow. Recalling recent construction work at the south end of the Golden Gate Bridge where no contractor employee parking was permitted, Mayor Boro stated the contractor found a way to work around that. He believed staff should have the ability to urge the contractors to try and accommodate residents and shoppers by minimizing the impact on them and encourage employees to utilize the City lots available to them. Councilmember Heller inquired as to the possibility of using the former Yardbirds parking lot and Rotary Manor for a few weeks. Mr. Nordhoff stated Mr. Brown, Community Development Director, indicated that the former Yardbirds building was being restocked for the soon to open Home Depot store; therefore, both parking lots were being utilized for materials, etc. Samantha Bronson, Shaver Street, stated she was very excited about the project, albeit a little disappointed about the night work which would have a huge impact. She wished to ensure that accommodations were made for the residents in terms of construction work commencing at 5:00 p.m. and ending at 1:00 a.m., as she would like to get some sleep during that period. Councilmember Heller inquired whether telephone numbers would be posted for use by residents should a problem arise. Mr. Preston stated that specifications were being finalized for the sewer project this week and he had inserted language indicating that work would commence at 5:00 p.m. and end at 1:00 a. m. Noting heavy equipment would be brought in at 5:00 p.m., Councilmember Heller inquired as to where this would be staged. SRCC Minutes (Regular) 04/16/2007 Page 9 SRCC Minutes (Regular) 04/16/2007 Page 10 Mr. Preston stated that as the street outside of Cain's Tire would be closed at 5:00 p.m., the equipment would be brought in from an offsite storage facility and staged there. He noted that the west side of Ida Street was the only onsite storage facility. Councilmember Heller inquired whether Westamerica Bank had been approached with regard to overflow parking, if needed, by residents on a temporary basis. Ms. Lovette indicated that the bank could be approached; however, staff had been focusing on the other end of Fourth Street. She noted again that the Second Street parking lot was under- utilized. Mayor Boro suggested staff could work with the merchants, perhaps placing signs at their stores informing customers of parking availability, while doing whatever possible to keep trucks from parking in front of store locations during the construction period. Councilmember Miller inquired whether there was the authority to fine contractors should they work beyond 1:00 a.m. Mr. Preston stated that a liquidated damages clause would be put in the contract indicating a fee would be charged for every hour of time run over. Pat McAlonan, Cain's Tire, stated he would be happy to make his parking lot available at 5:00 p.m. to use as a staging area. He noted parking would not be available at Westamerica Bank. Josh Stapp, Clogs Unlimited, inquired whether there was any consideration of carrying out the work farther down Fourth Street at night. Mr. Preston stated that there were approximately 183 residential units total on different parts of Fourth Street (Fourth, F, G, H and Latham Streets) and the amount exposed to night time work would be probably no more than 6. He explained that the least populated residential area was selected for the night time work. Mr. Stapp stated that there were no residential units between G and Ida Streets. Mayor Boro stated that staff had worked well with the community to date, holding many meetings from the outset, and this was now the implementation stage. One of the answers he was satisfied with was that Mr. Stapp's area would not be "no parking" for the entire time of the project, rather during the time work was being carried out in his immediate area, there would be "no parking" in front of his store; however, there were alternative parking places. While it was unfortunate and there would be a hardship, had there been a better or easier way it would have been utilized. Mayor Boro issued an assurance that staff would continuously monitor the situation. Disagreeing, Mr. Stapp stated that parking had not been addressed, noting that the Sanitation District would take up all daytime parking, leaving none for customers. Mayor Boro stated the Sanitation District would not be working on every block on Fourth Street simultaneously. He indicated his understanding was that it would be a block at a time. Responding to Mr. Stapp as to why nighttime work would be carried out at Cain's and not at his business, Mayor Boro explained that it would be necessary to dig 16 feet deep at Cain's, and this was not practical during the day as it would involve closing the entire street and intersection. Joel Eis, commending the project, requested that a meeting be scheduled with as many neighbors as possible to plan a strategy as to how the City would help and cooperate with businesses on the street, such as problems with parking, signage, etc. Ms. Lovette explained that several community meetings had been held and staff had offered to meet at any time or place with the business owners. She indicated that there had been two specific meetings with the business owners and time was allowed at the end to discuss these issues; however, there was not a lot of response. She confirmed that Mr. Eis attended the meetings and staff was ready and willing to meet with anyone who would join them. In response to Mr. Eis' remarks that this issue had not been an agenda item previously, Mayor Boro requested Stephanie Lovette contact him. Mayor Boro thanked all for their understanding and patience and stated that everything possible would be done to expedite the project and minimize the impact on residents and businesses. Everyone was important to the City and this would be respected. SRCC Minutes (Regular) 04/16/2007 Page 10 SRCC Minutes (Regular) 04/16/2007 Page 11 Council accepted report, without motion. CITY MANAGER'S REPORT: 17. ITEM BROUGHT FORWARD FROM SPECIAL STUDY SESSION HELD EARLIER THIS EVENING, WHEN TIME DID NOT PERMIT DISCUSSION OF SUBJECT 2) CITY COUNCIL'S FIVE-YEAR PRIORITIES 2006-2011: -FILE 9-1 x 8-5 Mayor Boro explained that no action would be taken on this item this evening, rather Mr. Nordhoff wished to ensure that Council concurred with the summation detailed on the document entitled: City Council — Areas of Emphasis/Priorities — The Next Five Years — 2006-2011 Mr. Nordhoff explained that staff had met with the City Council on these five-year priorities previously in February and April of 2007. Staff was in the middle of the budget process and one of the key aspects was evaluating Council's longer term priorities and emphasis and he believed Council's input from the recent Study Session had been captured on page 1 of the document. Mr. Nordhoff believed that trying to find a more effective way to communicate those emphasis and priority areas was of more importance in the process; therefore, the subsequent two pages illustrated how Council's Areas of Emphasis was captured into four key components: • Neighborhood & Economic Vitality • Quality of Life • Public Assets • Public Safety Mr. Nordhoff explained that staff was not mitigating, ignoring or minimizing the fact that when the budget was generated, there still would be lots of information; however, in an effort to keep a high level perspective, particularly in reaching out to the community, the picture of the house with the four yellow rooms was attempting to capture areas of emphasis. He noted that on the final page, some detail had been added which provides specific efforts that would occur over the next two fiscal years, from July 2007 through June 2009. Mr. Nordhoff stated that some were new initiatives, some were carry-overs from items that were started or were at least on the drawing board that staff now wished to bring to fruition. Confirming that staff did not require Council action this evening, Mr. Nordhoff hoped all the key efforts delineated had been captured and staff hoped to use this document as a basis for public outreach efforts in the budget process. The item would be returned to Council for formal action. Mr. Nordhoff noted he still considered this document a draft subject to talking to the community to ascertain whether something was missed, needed clarification or added. As there was no comment from the City Council, Mr. Nordhoff stated the document would be left in its current state and returned to Council in June as part of the budget ratification. Mayor Boro clarified that the intent this evening was to ensure the points discussed had been covered. He indicated that one of the concerns was to ensure that everything identified on page 1 was accommodated in some fashion and linked to page 2. Details as to the different items in the budget to be pursued were identified on page 3. COUNCILMEMBER REPORTS: 18. a) Leaque of California Cities: - File 9-11-1 x 9-1 (verbal! Councilmember Heller reported that at the League of California Cities Transportation, Communication and Public Works Policy Committee meeting held on March 30, 2007, the Southern California Association of Governments (SCAG) gave a presentation on a proposed unfunded Magnetic/High Speed Regional Rail Transit System. She indicated that building costs would range between $100 million and $141 million per mile. Councilmember Heller indicated that Legislation and Climate Change agreements, including the agreement adopted by the U.S. Conference of Mayors, were also evaluated. The group voted in the affirmative on some type of language; however, she was unclear on the final language as two other policy committees, Housing, Community and Economic Development Policy committee and Environmental Quality Policy committee were also working on the same policy. Being a member of the Housing Committee, Assistant City Manager Jim Schutz reported they SRCC Minutes (Regular) 04/16/2007 Page 11 SRCC Minutes (Regular) 04/16/2007 Page 12 had just started discussing this topic and they indicated that the majority of the discussion would fall under the Environmental Quality Policy. b) Global Warming: - File 271 x 13-1 x 9-1 Councilmember Miller distributed a graphic on the subject of the rise of sea level due to Global Warming. He noted it was estimated by a vast majority of scientists that the ocean would rise a meter by year 2100. Should this happen in San Rafael, he predicted water entering all the way to Lootens Place; therefore, cutting carbon emissions should be a top priority. Mayor Boro confirmed that one of the City Council's Goals for the coming two-year cycle was to generate a plan to begin achieving and accomplishing some of the issues with respect to the environment. As more time would be dedicated to this issue, Mayor Boro stated it would be good to have some type of work plan sketching out what it was hoped to accomplish and how to get there with the resources available. Commenting on an article in last week's edition of Newsweek which discussed the various cities around the country doing different things, Mayor Boro confirmed that the City's traffic lights had been changed to LED (Light Emitting Diode) some time ago. He believed the community should be informed of this, and also informed of both the impact on dollar savings and on the environment with regard to consumption of electricity. There being no further business, Mayor Boro adjourned the City Council meeting at 10:15 p.m., and returned to Closed Session. (See Item 1.0 on Paqe 1) JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 2007 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 04/16/2007 Page 12