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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 SRCC Minutes (Regular) 10/01/2007 Page 8 SRCC Minutes (Regular) 10/01/2007 Page 9 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. SRCC Minutes (Regular) 10/01/2007 Page 9 SRCC Minutes (Regular) 10/01/2007 Page 10 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 SRCC Minutes (Regular) 10/01/2007 Page 10