HomeMy WebLinkAboutCC Minutes 2007-10-01SRCC Minutes (Regular) 10/01/2007 Pagel
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, OCTOBER 1, 2007 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM
None
CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM
None
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
Present: Albert J. Boro, Mayor
Paul M. Cohen, Vice -Mayor
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: None
8:00 PM
Tree Advisory Council: - File 9-1 x 9-3-40 x 11-6
Steve Patterson, Chair, Federation of San Rafael Neighborhoods, distributed a handout to the City Council
and stated that the Federation was very concerned about the tree canopies in San Rafael, particularly in the
older neighborhoods. They had met extensively with City Manager Ken Nordhoff, Art Gibney, Operations
and Maintenance Manager, Public Works, together with numerous representatives from PG&E, Davy's Tree
Service and neighborhood groups and had done numerous canopy tours, providing a public education effort
to make people aware of the very valuable street tree canopies. He explained that canopies were
community assets, providing cooling benefits for the City, and with the City's new green building ordinance
and the desire to find renewable green sources of energy, the street tree canopy became an even more
valuable asset.
Mr. Patterson acknowledged the neighborhood leaders, Steering Committee members from the Federation
and representatives from Marin Releaf and Sustainable San Rafael, in the audience.
For the public record, Mr. Patterson stated that the Federation of San Rafael Neighborhoods recommends
the establishment of a Tree Advisory Council to work with City officials to provide advice and guidance on
the following issues:
• "Managing the San Rafael Street Tree Canopy in a holistic manner that views the canopy as a
community asset that can be sustained and expanded, whenever possible.
• Developing a specific Tree Planting Strategy that is aligned with a set of Tree Planting Guidelines
and a Tree Ordinance.
• Providing a positive link to the community with education on tree benefits and tree strategies.
• Addressing the problem of infrastructure damage due to tree roots and tree root lifting, with
comprehensive strategies that can create partnership opportunities between the City and its citizens.
Aid in developing a comprehensive, consistent and effective tree and sidewalk gutter plan with City
staff.
• Assisting the City in preventing costly mistakes in tree planting of the past, so that new problems are
not inadvertently created that will need to be solved by future leaders.
• Overseeing coordination with governmental agencies and PG&E who have interests and
responsibilities in the Tree Canopy regarding its functionality and health.
• Commenting on new development applications to ensure they are in line with a tree ordinance as
well as follow-up on post applications, for consistency with approval."
Mr. Patterson stated that the tree canopy was an incredible asset, parts of which were at substantial risk.
Believing that a partnership and collaborative effort made sense, he requested that the City Council give
consideration to this issue.
Sandra Sellinaer, Marin County Releaf, reinforcing Mr. Patterson's sentiments, stated that the establishment
of a Tree Board would demonstrate the City Council's commitment to the natural environment of the City. It
would raise the awareness of trees and appreciation by citizens of the natural environment, and if done
correctly, it could be self -funding. She explained that currently, some people were willing to make vanity
and fashion statements to outsource and offset their carbon by making financial donations, and with a
properly developed Tree Board, the City could accept those donations. Noting a row of dead redwood
trees near the railroad/freeway, Ms. Sellinger stated that a Tree Board would extend City services;
therefore, something would be done about replacing these trees. She stated that PG&E informed her they
would assist the City in replacing tall trees underneath high power lines; however, she questioned why they
SRCC Minutes (Regular) 10/01/2007 Page 1
SRCC Minutes (Regular) 10/01/2007 Page 2
should as long as the City kept polices in place that allowed tall trees to be planted. Ms. Sellinger
requested that the City Council give some thought to these issues.
Responding to Mayor Boro's inquiry re the status of this issue, City Manager Ken Nordhoff stated that
several meetings had taken place with staff and the neighborhoods. PG&E representatives had been
involved in some cases, walking tours had occurred, and working on a Tree Ordinance and Sidewalk
Liability Ordinance were priorities and part of the City Council's Two -Year Goals. He believed that until
such time as an ordinance was in place, it would be difficult to have a Tree Advisory Council or Committee
in place and functioning effectively.
Mayor Boro requested that staff provide an update on this issue at either the December 17, 2007, or early
January 2008 meeting of the new City Council. He suggested that possibly a Tree Committee could help
create the ordinance.
Eucalvptus Manaqement: - File 9-1 x 9-3-40 x 11-6
Amv Blakenev stated that national and state parks were aggressively trying to manage their land from
Eucalyptus growth. Angel Island, China Camp and Point Reyes were just a few under aggressive
management to minimize the spread of Eucalyptus, and the parks system and open space desperately
needed help from local cities to join their effort to control Eucalyptus seed spread.
Recognizing Eucalyptus could be a fire hazard, Ms. Blakeney stated that without proper management and
left unchecked it could escalate into something similar to 101 Civic Center Hill. She indicated that the area,
some of which was owned by the City of San Rafael, currently had down timber and dead areas that had
been unattended for years. Noting Eucalyptus had been planted along water canals, road mediums, etc. as
a low maintenance method of beautifying these areas, she indicated that unfortunately, however, seed
blows into open space and other unattended areas and it was the aggressive nature of Eucalyptus that
made these trees especially dangerous without maintenance. She stated that Eucalyptus was not a Fire
Department, rather a City line item budget issue called maintenance.
Ms. Blakeney requested that the City of San Rafael implement a Eucalyptus Management program and she
looked forward to Council's wisdom on how to solve the spread of Eucalyptus. She distributed notes
suggesting how to begin the process.
Mayor Boro stated that Fire Department staff would contact Ms. Blakeney.
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Cohen seconded, to approve the Consent Calendar, as
follows:
ITEM
Approval of Minutes of City Council Meetings of
August 6 and 20, 2007 (CC)
2. Call for Applications to Fill One Unexpired Term
on the Marin Commission on Aging through the
End of June 2009, due to the Death of
Commissioner Dan Beittel, M.D. (CC) —
File 199
3. Resolution Authorizing Amendment to the
Agreement for Professional Services with Stuart
Blakesley for Fire Inspection and Plan Checking
Services in the Community Development
Department, from September 6, 2007 through
March 5, 2008 (CD) — File 4-3-462 x 9-3-85
RECOMMENDED ACTION
Minutes approved as submitted.
Approved staff recommendation:
a) Called for applications to fill one
unexpired 3 -year term on the
Marin Commission on Aging, to
expire at the end of June, 2009;
b) Set deadline for receipt of
applications for Tuesday, October
23, 2007 at 12:00 Noon in the City
Clerk's Office, City Hall, Room
209; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, November 5, 2007,
commencing at 6:30 p.m.
RESOLUTION NO. 12356 —
RESOLUTION AUTHORIZING AN
AGREEMENT WITH STUART
BLAKESLEY TO PROVIDE FIRE
PREVENTION PLAN CHECK AND
EXAMINATION SERVICES (Term: Six
(6) months commencing on
September 6, 2007 and ending on
March 5, 2008)
SRCC Minutes (Regular) 10/01/2007 Page 2
SRCC Minutes (Regular) 10/01/2007 Page 3
4.
Summary of Legislation Affecting San Rafael
Accepted report.
(CM) -File 116 x 9-1
5.
Resolution Approving the Application for Grant
RESOLUTION NO. 12357 —
Funds from the Recreational Trails Program
RESOLUTION APPROVING THE
(CS) — File 202 x 9-3-65
APPLICATION FOR GRANT FUNDS
FROM THE RECREATION TRAILS
PROGRAM
6.
Resolution Amending the Facility Use and
Item removed from agenda at request
Management Agreement for the Albert Park
of staff.
Bocce Ball Complex (CS) —
File 4-3-275 x 202 x 9-3-66
7.
Resolution Authorizing the Mayor and City Clerk
RESOLUTION NO. 12358 —
to Execute an Agreement Between the County of
RESOLUTION AUTHORIZING THE
Marin and the City of San Rafael Regarding the
MAYOR AND CITY CLERK TO
Family Literacy F.L.A.G.SHIP Project (From
EXECUTE AN AGREEMENT
7/1/07 — 6/30/08) (Lib) — File 4-13-86 x 9-3-61
BETWEEN THE COUNTY OF MARIN
AND THE CITY OF SAN RAFAEL
REGARDING THE FAMILY LITERACY
F.L.A.G.SHIP PROJECT
(From 7/1/07 — 6/30/08)
8.
Resolution Authorizing the Mayor and City Clerk
RESOLUTION NO. 12359 —
to Execute an Agreement Between the County of
RESOLUTION AUTHORIZING THE
Marin and the City of San Rafael Regarding the
MAYOR AND CITY CLERK TO
Marin Literacy Program (From 7/1/07 — 6/30/08)
EXECUTE AN AGREEMENT
(Lib) — File 4-13-86 x 9-3-61
BETWEEN THE COUNTY OF MARIN
AND THE CITY OF SAN RAFAEL
REGARDING THE MARIN LITERACY
PROGRAM (From 7/1/07 — 6/30/08)
9.
Resolution Approving Use of State of California
RESOLUTION NO. 12360—
Department of Boating and Waterway Grant
RESOLUTION APPROVING USE OF
Funds of $25,000 for Equipment Purchase by
STATE OF CALIFORNIA
September 30, 2008 and Authorizing the Mayor
DEPARTMENT OF BOATING AND
to Execute the Contract (PD) — File 9-3-30 x 202
WATERWAY GRANT FUNDS IN THE
AMOUNT OF $25,000 FOR A POLICE
DEPARTMENT PATROL BOAT
EQUIPMENT PURCHASE BY
SEPTEMBER 30, 2008, AND
AUTHORIZING THE MAYOR TO
EXECUTE GRANT CONTRACT
10.
Report on Bid Opening and Resolution Awarding
RESOLUTION NO. 12361 —
Purchase Order to Victory Chevrolet for One
RESOLUTION AWARDING THE
2007 Chevrolet Express Commercial Cutaway
PURCHASE OF ONE (1) 2007
139" WB C7N DRW C Vehicle with 12 Foot
CHEVROLET EXPRESS
Workmaster Truck Body and Interior Shelving, in
COMMERCIAL CUTAWAY 139" WB
the Amount of $38,817.37
C7N DRW C VEHICLE WITH 12 -FOOT
(Bid Opening on September 18, 2007) (PD) —
WORKMASTER TRUCK BODY AND
File 4-2-350
INTERIOR SHELVING FROM
VICTORY CHEVROLET IN THE
AMOUNT OF $38,817.37
11.
Second Reading and Final Adoption of
Approved final adoption of Ordinance
Ordinance No. 1861 — "AN ORDINANCE OF
No. 1861.
THE CITY OF SAN RAFAEL ADDING NEW
CHAPTER 8.19 TO THE SAN RAFAEL
MUNICIPAL CODE ENTITLED `SOCIAL HOST
ORDINANCE"' (PD) — File 13-1 x 9-3-30
12.
Resolution Authorizing the Temporary Closure of
RESOLUTION NO. 12362 -
City Streets for the 28th Annual Parade of Lights
RESOLUTION AUTHORIZING THE
and Winter Wonderland on November 23 and 24,
TEMPORARY CLOSURE OF CITY
2007 (RA) — File 11-19
STREETS FOR THE 28TH ANNUAL
PARADE OF LIGHTS AND WINTER
WONDERLAND ON NOVEMBER 23RD
AND 24TH, 2007
SRCC Minutes (Regular) 10/01/2007 Page 3
SRCC Minutes (Regular) 10/01/2007 Page 4
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
COUNCIL CONSIDERATION:
NEW BUSINESS:
13. RESPONSE TO MARIN COUNTYWIDE PLAN RE: BAYLANDS CORRIDOR DESIGNATION
WITHIN SAN RAFAEL (CD) — FILE 191 x 9-3-85
Bob Brown, Community Development Director, noted that undoubtedly the City Council had
been following in the newspaper the saga of the proposed Baylands Corridor and the Draft
Countywide Plan as it related to the St. Vincent's/Silveira properties; however, the issue went
beyond that.
Mr. Brown explained the County had proposed the Baylands Corridor to be the eastern most of
four countywide environmental corridors in the eastern part of the county. He indicated the
intent of the corridor was to designate former baylands and uplands surrounding them and limit
development and redevelopment potential, also to try to protect those habitats in terms of their
environmental values. While this was all well and good, Mr. Brown stated this evening's issue
was that that designated corridor extended beyond the unincorporated area and in fact, would
designate a little over four square miles of both private and public lands in the City of San
Rafael.
Mr. Brown reported that while the City Attorney could attest to the fact that these regulations
had no legal effect related to new development decision-making in San Rafael, nonetheless,
there was concern among staff that the creation of differing county and local policies that would
be engendered by the creation of this corridor in the Countywide Plan versus the City policies
would lead to confusion and probably to some future political posturing between the two
agencies. Therefore, direction was being sought as to whether or not the City Council would
like staff to assist Mayor Boro in preparing a letter to the County Board of Supervisors for their
October 16, 2007 meeting, which he believed would be the final occasion for public testimony,
to remove those portions of the proposed Baylands Corridor within the corporate limits of San
Rafael.
Councilmember Miller requested confirmation that the areas mentioned in San Rafael were
already developed.
Mr. Brown stated that virtually all those lands were developed. There were some undeveloped
areas, specifically, the proposed Target site, portions of the San Rafael Airport and other areas,
such as the entire Canal Waterway, that were designated.
Councilmember Miller inquired whether provisions were in place currently that protected
wetlands, etc.
Mr. Brown confirmed that the City had restrictions regarding development near wetlands, filling
of wetlands that went well beyond the requirements of Army Corps of Engineers or Cal Fish &
Game; however, he believed the County regulations were intended to go further than that.
Councilmember Miller confirmed that San Rafael's regulations would take care of the
Canalways.
Mayor Boro stated the County in essence was indicating that it did not apply; however, the fact
that it was included would make those with convenient amnesia in the future believe it did apply,
or commented Mr. Brown, that it would certainly press the City hard to adopt similar regulations.
Noting part of the San Rafael Airport was in the County, Mayor Boro inquired whether the
majority was in the City. Mr. Brown confirmed that approximately 5/6ths of the property was in
the City.
Mayor Boro suggested that the City go on record with the County thanking them for
acknowledging the fact that this would not apply and making it clear that these properties not be
included, as the City had its own protections in place. Further to call out San Rafael Airport and
any other site, especially if the majority of the property was within the City limits, that they not
be split or divided, rather fall within the jurisdiction, whether it be City or County, having the
majority of the property in its jurisdiction.
Councilmember Cohen stated that the issue of handling properties in both City and County
SRCC Minutes (Regular) 10/01/2007 Page 4
SRCC Minutes (Regular) 10/01/2007 Page 5
jurisdiction was separate from whether or not the County should be putting its Baylands
Corridor Overlay on top of properties in the City of San Rafael, whether whole or in part, and he
believed these should be split. He felt there was good reason to ask them not to do this, totally
separate from the issue of properties partly in the City and partly in the County. He noted those
properties, particularly San Rafael Airport, were among the most controversial; therefore, joining
this all together ran the risk of tying a good government policy into a more controversial issue.
He favored submitting a letter to the County suggesting that San Rafael be left to plan for those
properties in the City of San Rafael. The properties partly in the City and County could be
addressed separately and commented on during the Countywide Plan hearings.
Mr. Brown stated staff had typically handled those inter -jurisdiction issues related to specific
properties, such as the Daphne property, with MOUs (Memorandum of Understanding) with the
County.
Responding to Councilmember Heller's question as to properties, other than the Airport, that
were in both jurisdictions, Mr. Brown stated the airport was the only one that came to mind.
Mayor Boro suggested that perhaps this issue with this particular piece of property could be
acknowledged and subsequent to the adoption of the Countywide Plan, it be looked at through
an MOU, as had been done in the past.
Councilmember Cohen moved and Councilmember Heller seconded, to authorize Mayor Boro
to send a letter commenting on the Draft Marin Countywide Plan along the lines discussed in
the staff report.
Mayor Boro authorized to send a letter to the Board of Supervisors requesting that the
proposed Baylands Corridor designation in the Draft Marin Countywide Plan exclude
property within the City of San Rafael.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
14. RESOLUTION AUTHORIZING FORBEARANCE IN THE COLLECTION OF 50% OF THE
APPROVED ON -STREET METERED PARKING RATES ON FOURTH STREET IN THE
WEST END AREA OF THE CITY FROM OCTOBER 1, 2007 THROUGH SEPTEMBER 30,
2009 OR THE DATE OF RECORDATION OF THE NOTICE OF COMPLETION FOR THE
FOURTH STREET WEST END VILLAGE IMPROVEMENT PROJECT, WHICHEVER DATE IS
SOONER (MS) — FILE 9-3-87 x 12-18 x 9-3-40
Parking Services Manager Mark Miller reported that the City received a petition signed by
representatives of approximately 41 businesses on West Fourth Street expressing concern
about the sidewalk and street disruption involved in the multi -month, long-term beautification
taking place in that area. Concerned at having already seen some loss of business, they
believed that a gesture to customers removing obstacles to accessing businesses would be
good. He indicated that meetings were held weighing alternatives such as free parking,
eliminating meters altogether, difficulties in enforcement, etc., and ultimately, a petition was
presented to the City.
Mr. Miller explained that the petition called for a roll back of rates to half of the regular rate;
therefore, with the recently approved rates, this would reduce the parking fee to 50 cents.
Business owners requested that this forbearance be for the period of construction and two
years hence. In looking at the advantages the beautification would provide to the area and the
impact on the parking fund, staff recommended that the forbearance be approved for the period
of construction only. He noted the date specified in the recommendation was the latest Public
Works Department's estimation of when construction would be completed. Should there be
some cleanup work, landscaping, etc. that did not impede access after that date, the rate would
return to the regular rate, and if problems arose, staff would request an extension from the City
Council. He clarified the current anticipated date for this forbearance to be until September,
2009.
Bob Albritton, Fourth Street business owner, reported that in the last seven of eight weeks, the
street in front of his business had been closed, resulting in a reduction of approximately 30% in
business. While he understood the work needed to be done, he believed the parking rollback
would entice people to return; however, he had hoped for two years of reduced rates. He
inquired whether the wording in the Resolution could be changed from "whichever date is
sooner" to "whichever date is later" because of the possibility of the work not being finished and
parking rates returning to normal.
Mayor Boro stated his understanding was that it was anticipated the project would be completed
a lot sooner than September, 2009. However, should the project not be completed by the
SRCC Minutes (Regular) 10/01/2007 Page 5
SRCC Minutes (Regular) 10/01/2007 Page 6
anticipated date, the lower rates would continue.
Mr. Miller clarified that sometimes while the work is completed, a contractor has clean-up work
to do.
Mr. Albritton suggested perhaps two months to familiarize customers with the street being back
to normal. He wished also to ensure everyone was aware of the parking lot across the street
(1550 Fourth Street) and to have it continue to be available during this period of time, if not
always.
Joel Eis, business owner, Fourth Street, inquired as to when the work actually began. Mr.
Nordhoff confirmed that it was entering the 6 -month period.
Mr. Eis stated businesses anticipated a rollback in parking before the work began, which would
be part of a strategy to get customers in the habit of continuing to visit the area and override the
difficulties. He quoted a customer this week who indicated: "I will comedown on Saturday
when there isn't any work" and another who indicated it had taken him twenty minutes to park.
He suggested that because their original strategy was to have this parking rollback in place
prior to the work beginning, and because people had not yet acquired the habit, that
consideration be given to rewording the language in the resolution to state: "six months beyond
the last day of the work" to afford them the opportunity of trying to recoup those habits.
Noting people had already changed their habits because of the work and customers had been
lost, Mr. Eis stated there had been days since the work began when his total receipts amounted
to only $7.
Mr. Eis requested that some type of cushion be created at the end in an effort to get customers
to return. Aside from this, he respected all the work that had gone into this project. It was
something everyone was deeply invested in and almost every business on the street
volunteered to sign the petition because the situation concerned them.
Requesting Council to give the matter consideration, Mr. Eis stated they expected to have this
in place previous to the work commencing; however, for various reasons it was not and they
would like to compensate by having it extended beyond the work to entice customers to return.
Addressing Stephanie Lovette, Economic Development Coordinator, Mayor Boro, confirming
that she participated and pretty much shepherded the meetings with the neighborhood, noted
Mr. Eis' expectation that parking rates would be eliminated.
Ms. Lovette explained that the neighborhood requested free parking during the construction
period, which staff did not recommend, and this was the first actual group petition received.
She stated staff had a meeting with the businesses where this was requested and subsequent
to discussions with Parking, this compromise was worked out with the merchants.
Mayor Boro inquired whether anyone recalled what was done with parking rates during the
lower end of Fourth Street project.
From a vague recollection, Mr. Nordhoff believed nothing was done with parking rates at that
time.
Mayor Boro commented that having been up and down the street frequently he had not noted it
being tied up to the extent of seven weeks in front of one location.
Ms. Lovette explained that the contractor, Team Ghilotti, was trying to get the trench done as
quickly as possible, then returning to do the laterals; therefore, they were not moving down the
street as smoothly as they could, rather jumping back and forth in an attempt to get the work
done as quickly as possible, resulting in some businesses being hit with "No Parking Signs" for
a longer amount of time than others, depending on the location of the lateral lines. She
commented that because the signs needed to be posted forty-eight hours before, the contractor
had a tendency to post a fairly large area to keep the work moving; therefore, it did appear as
though parking was being impacted in certain areas for a longer period of time.
Responding to Mayor Boro's question as to what prompted the race, Ms. Lovette stated the
contractor was attempting to get the project completed as quickly as possible. She indicated
that currently they were working two crews in some areas.
Mayor Boro stated it appeared as though this would be progressive, spreading the pain, and
now, based on some change on the part of the contractor, the issue was being compounded
more than expected.
Mr. Nordhoff believed the contractor was not just making unilateral changes, rather they were
SRCC Minutes (Regular) 10/01/2007 Page 6
SRCC Minutes (Regular) 10/01/2007 Page 7
talking to the Public Works staff in the field and making determinations concerning the best way
to get through the entire project as quickly as possible.
Mayor Boro believed it important to get this phase completed before the rains. Mr. Nordhoff
concurred this was the intention and there was every expectation this would occur.
Councilmember Cohen suggested requesting a report from the Public Works Director on the
pace and timing of the project. He believed it premature at this point to commit to maintaining
the rollback of parking rates for two years or any period of time beyond the completion of the
project. His recollection about the other end of Fourth Street was that once the work was done,
people were drawn back. Regarding the cost involved in a further rollback, Councilmember
Cohen believed the money could be better utilized by marketing the fact that the West End was
back in business, parking was available and invite people to see the beautiful street and
sidewalk, take in the shops, etc. He believed there were more effective ways than maintaining
a discounted parking rate which people had become used to; therefore, a more effective use of
resources would be to market the fact that the work was done and the sidewalks were open.
Councilmember Cohen indicated he supported the request to roll back rates currently and he
inquired whether this would be publicized in any way.
Mr. Nordhoff believed the Redevelopment Agency had expected to contribute to a grand
opening process which could include spending a little money to let people know West End
Village was reopened, which was similar to what was done to the other end of downtown along
Fourth Street.
Regarding the rates being less than the other parts of San Rafael, Mr. Nordhoff stated staff had
tried to look for a way to be responsive to the petition and called it a forbearance (the legal
definition). Subsequent to staff discussion regarding whether this could pop up in other places,
the consensus was that this was different in that it was a significant long-term disruptive project.
Mayor Boro suggested acting on the forbearance this evening, effective October 2, 2007, at the
50 cent rate, and revisiting the issue later on in the process. Understanding unknowns happen;
however, assuming things happened as planned, it was his expectation that by the end of 2008,
the project would be complete.
Owner, Headlines Salon stated the section between Shaver and F Streets appeared to be the
worst. Having attended all the meetings she believed everything was supposed to have been
in two to three week intervals; however, there had been no meters in front of her business for
eight weeks and one particular week, they had been unable to gain entrance to their own
parking lot. She indicated that the project had not gone as planned.
Noting Mr. Preston anticipated providing an update on the status, etc., Mr. Nordhoff explained
that as the design was nearing completion, he (Mr. Preston) wanted to provide a final
presentation to the City Council prior to being put into a final bid document.
Ms. Lovette stated a meeting was scheduled with the merchants on October 8th to discuss the
construction schedule and potential bulb outs for restaurants, and subsequently, Mr. Preston,
the Sanitation District and Public Works Department would schedule a Study Session with the
City Council.
Commenting that the offer from the Redevelopment Agency to announce that businesses would
be open, etc. was generous, Mr. Eis requested that perhaps some of that effort could be put in
now in time for the Holiday season, and he would be willing to work with staff on that issue.
Mayor Boro suggested Mr. Eis raise this issue at the meeting on October 8, 2007.
Councilmember Cohen suggested the resolution be adopted as recommended and direct staff
to bring the issue back in a year for Council to review the policy to ascertain whether or not it
needed to be extended. In addition to passing the resolution, as part of his motion, he
requested that staff be directed to develop a strategy for publicizing the reduction in rates during
construction.
Councilmember Cohen moved and Councilmember Heller seconded, to adopt the Resolution,
with the above directions.
RESOLUTION NO. 12363 — RESOLUTION AUTHORIZING FORBEARANCE IN THE
COLLECTION OF A PORTION OF THE APPROVED ON -STREET
METERED PARKING RATES ON FOURTH STREET IN THE
WEST END AREA OF THE CITY OF SAN RAFAEL FROM
OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2009, OR UNTIL
THE DATE OF RECORDATION OF THE NOTICE OF
COMPLETION FOR THE FOURTH STREET WEST END VILLAGE
SRCC Minutes (Regular) 10/01/2007 Page 7
SRCC Minutes (Regular) 10/01/2007 Page 8
IMPROVEMENT PROJECT, WHICHEVER DATE IS SOONER
Staff directed to return the item in one year for City Council review of policy.
Staff directed to develop a strategy for publicizing the reduction in rates during construction.
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. PRESENTATION AND DISCUSSION OF A STAFF MEMORANDUM RELATED TO NEW
AND PROPOSED PARKING ENFORCEMENT TECHNIQUES AND EQUIPMENT INCLUDING
THE AUTOVU CHALKING DEVICE AND THE SEGWAY BATTERY PROPELLED TWO -
WHEELED MOBILITY DEVICE (MS) - FILE 9-3-87 x 11-18
Parking Services Manager Mark Miller reported that in 2005, the City Council approved the
purchase of an AutoVu device, which is an electronic chalking system designed to be used from
the street in a moving vehicle at speeds up to 20 miles per hour. It senses cars and in
repeating the cycle, it identifies vehicles parked in excess of posted limits. He indicated that it
was much safer for use by the staff and much more efficient.
Mr. Miller explained that the action to purchase the device was not taken immediately for a
variety of reasons, including the change in leadership in the Parking Division and concerns
about some bugs in the system. On the good side, with time, the devices were approximately
one-quarter the size when approved by the City Council and cost $20,000 less. The device had
been purchased and the company's installation people were in town currently equipping one of
the new parking enforcement "go -for" vehicles with this device. Mr. Miller stated that one of the
subjects of the report concerned the proximity to the Holidays, already a time of disruption
downtown, and it might not be a good time to change the enforcement frequency. Therefore,
staff envisioned implementing the device and testing it during the warranty period; however,
forbear using it on a very high frequency basis.
Councilmember Heller inquired whether the device marked the tires or recorded information
electronically.
Mr. Miller explained that it takes a rather transient picture of the license plate and identifies the
position of the tires. In re -circling, the old and new data are compared, eventually shedding the
old data.
Councilmember Miller complimented Mr. Miller for including a picture of the vehicle and he
recommended other departments follow suit by including a picture when a vehicle, etc., is under
consideration.
Councilmember Cohen thanked Mr. Miller for clarifying the privacy issue. He recalled this was
one of the issues raised and he did not favor people believing a record was being made of who
was parked where and storing that information.
In terms of implementation, Councilmember Cohen appreciated not celebrating the Holiday
season by quadrupling the number of tickets being written for parking violations. With regard to
phasing it in, he favored giving warnings rather than tickets for about a month rather than two
weeks. He suggested utilizing some signage to the effect that parking limits were being strictly
enforced.
Should the program prove successful, Councilmember Heller inquired whether more than one
device would be utilized around the City.
Mr. Miller stated that one vehicle had been purchased with the option to purchase another at
the same price within twelve months. He confirmed that the go -for vehicle was an add-on and
could be used with other vehicles.
Mayor Boro noted that Christmas parking regulations last year had been changed, causing
confusion. He favored testing the device; however, introducing a new way of greeting someone
with a citation during the Christmas season, whether at the same rate as today or not, was
probably not the best time. Mayor Boro suggested continuing the current marking, issuing
warnings in January and citations in February, 2008.
Mr. Miller confirmed for Councilmember Cohen that the ticket and vehicle were the same,
except for the fact that two cameras were mounted on the vehicle.
Indicating that the technique was different, Mayor Boro explained that there would be no chalk
mark resulting in a surprise for people, and he believed Christmas was not the time to introduce
the technology. Testing could still be carried out however, in October, November and
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December, with warnings issued in January to the effect that a citation would be issued from the
invisible chalk.
Councilmember Phillips concurred with Mayor Boro's sentiments.
Clarifying, if the parking staff was out testing the equipment but not issuing citations, Mr.
Nordhoff inquired whether the City Council concurred with the 30 -day period starting in January,
with legitimate enforcement beginning in February, 2008.
There being consensus from all members of the City Council, Mayor Boro explained that the
device would be introduced in January, the press would be notified, warnings would be issued;
however, from February 1, 2008, through this approach, tickets would be issued for parking
beyond the permitted time.
Noting approximately 10% of all tickets issued were for over time, Mr. Miller stated the plan had
been to place warnings on cars and after four hours if the vehicle remained, the warning would
be removed and replaced with a citation. He indicated that if no tickets were issued for a
month, a lot of revenue would be lost.
Mr. Nordhoff believed the recommendation was to increase the two weeks to thirty days in
terms of the trial period; therefore, this would not change the practice of issuing citations for four
hours over the limit and beyond.
Mr. Miller explained that currently tickets were not issued for under four hours.
Confirming the direction to staff, Mayor Boro clarified that the device would be ground
tested in October, November and December, 2007. Warnings would be issued in
January, 2008 for under four hours and citations for four hours or longer. This process
would be communicated to the public.
Mr. Miller confirmed for Councilmember Heller that there was six months full warranty and one
year limited warranty.
Mr. Miller demonstrated the device in the Council Chambers. He stated the thought was to
conduct a pilot project with a couple on lease to ascertain how they would be received by the
public and other City departments. Should the trial prove successful, two devices would
probably be leased for use in the central downtown in daylight hours and good weather.
COUNCILMEMBER REPORTS:
16. a) Critical Facilities Committee: - File 9-2-57
Due to an insufficient number of applications, City Manager Ken Nordhoff announced that
the deadline for receipt of applications for the Critical Facilities Committee had been
extended to October 19, 2007 at 12:00 Noon in the City Clerk's Office. Subsequent to
interviews being conducted by Mayor Boro and Councilmember Phillips, Mr. Nordhoff hoped
to have a recommendation to establish the Critical Facilities Committee at the November 5th
meeting.
b) Sutter Health: - File 9-1 x 13-1
Mr. Nordhoff reported that he and Economic Development Coordinator, Stephanie Lovette,
had been evaluating consulting firms with expertise in the healthcare industry prior to receipt
of formal development applications from Sutter.
Mayor Boro reported that he had met with representatives from Sutter Health, SEIU, the
Healthcare District and Marin County who wished to ensure he was fully apprised of the
issues surrounding healthcare in the future and what was happening in Marin County. He
believed it important to generate an independent approach without any slant towards any
one point of view regarding the healthcare industry and what might be expected in the
future.
Mr. Nordhoff reported that Stephanie Lovette had generated a Statement of Qualifications
process, which produced five respondents for consideration by the City Council or a sub-
committee thereof. He believed Sutter was very willing to pay for and enter into some type
of agreement, as a precursor to any application on Marin Square to be presented to the
Redevelopment Agency Board, that would ensure the City had full control over the scope of
work and issues undertaken by this study.
Mr. Nordhoff wished to ensure staff presented both the agreement as well as the pool of
Statements of Qualification to the City Council in whatever format deemed appropriate. He
commented that staff was pretty close to being ready to move when Council was in a
position to entertain the issue.
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There was further discussion by the Council regarding potential traffic problems relative to
this development.
Councilmember Heller favored moving forward as rapidly as possible as she had a lot of
learning to do. She inquired whether the land had been sold.
Mr. Nordhoff stated the Marin Square piece had been sold; other properties along Gary
Place were in various stages of negotiation or consideration; therefore, there was a fairly
thorough list of both the ownership and tenants of the sites and lengths of leases, etc.
Mr. Nordhoff to work with Ms. Lovette to reduce the pool of Statements of Qualifications to
two candidates, to be interviewed by a City Council sub -committee as soon as possible.
Mayor Boro noted that in going through the process there would be a lot of issues people
would expect the City to deal with. He believed the City's primary role was land use;
therefore, it was important to have a good understanding of what was possible or not. He
reiterated there was a lot of learning to do in this arena in order to do the best for the San
Rafael community, noting a lot of what was done could impact the community of Marin as
well.
There being no further business, Mayor Boro adjourned the City Council meeting at 9:20 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF , 2007
MAYOR OF THE CITY OF SAN RAFAEL
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