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HomeMy WebLinkAboutCC Minutes 2008-08-04SRCC Minutes (Regular) 08/04/2008 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 4, 2008 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Jim Schutz, Assistant City Manager Robert F. Epstein, City Attorney Esther C. Beirne, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM Mayor Boro announced Closed Session items. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM Present: Albert J. Boro, Mayor Cyr N. Miller, Vice -Mayor Greg Brockbank, Councilmember Damon Connolly, Councilmember Barbara Heller, Councilmember Absent: 1. a) Conference with Legal Counsel -Anticipated Litigation - G.C. section 54956.9(c) Initiation of Litigation - one case City Attorney Robert Epstein announced that no reportable action was taken. CLOSED SESSION — CONFERENCE ROOM 201 — 8:50 PM 1. b) Conference with Labor Negotiators - Government Code Section 54957.6(a) Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Nancy Mackle, Chris Gray Employee Organization(s): San Rafael Fire Chief Officers' Association San Rafael Firefighters' Association Mayor Boro announced that Closed Session 1. b) would resume at the conclusion of the City Council Meeting. Closed Session resumed at 8:50 p.m. Mayor Boro announced at 10:02 p.m. that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:01 PM None CONSENT CALENDAR: Councilmember Heller moved and Councilmember Brockbank seconded, to approve the Consent Calendar as follows. ITEM Approval of Minutes of Regular City Council Meeting of July 21, 2008 (CC) Resolution Approving Acceptance and Use of a Marin Community Foundation Grant in the Amount of $25,000 for Support of Falkirk's Arts Education Program, Learning to Look (CS) — File 9-3-84 x 226 RECOMMENDED ACTION Minutes approved as submitted. RESOLUTION NO. 12541 — RESOLUTION AUTHORIZING THE ACCEPTANCE AND USE OF A MARIN COMMUNITY FOUNDATION GRANT IN THE AMOUNT OF $25,000 FOR SUPPORT OF FALKIRK CULTURAL CENTER'S ARTS EDUCATION PROGRAM SRCC Minutes (Regular) 08/04/2008 Page 1 4. Resolution Authorizing Entering into a Contract (CLTK- 8043) with the Department of Education for Extended Day Child Care Services (Latchkey) and Authorizing the City Manager to Sign Contract Documents in the Amount of $123,410 (CS) —File 4-10-238 x 9-3-65 Resolution Authorizing Entering into a Contract (CPRE - 8193) with the Department of Education for State Preschool Services and Authorizing the City Manager to Sign Contract Documents in the Amount of $177,770 (CS) — File 4-10-238 x 9-3-65 Resolution to Waive Formal Bidding Procedures and Authorize the City Manager to Enter into Two Agreements with AT&T to Purchase Voice/Data and Long Distance Telephone Services Under the State of California's CALNET 2 Contract (MS) — File 4-3-495 x 4-3-88 SRCC Minutes (Regular) 08/04/2008 Page 2 RESOLUTION NO. 12542 — RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT (CLTK-8043) WITH THE DEPARTMENT OF EDUCATION FOR EXTENDED DAY CHILD CARE SERVICES (LATCHKEY) AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $123,410.00 RESOLUTION NO. 12543 — RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT (CPRE -8193) WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $177,770.00 RESOLUTION NO. 12544 — RESOLUTION WAIVING FORMAL BIDDING PROCEDURES AND AUTHORIZING THE CITY MANAGER TO ENTER INTO TWO AGREEMENTS WITH AT&T TO PURCHASE VOICE/DATA AND LONG DISTANCE TELEPHONE SERVICES UNDER THE STATE OF CALIFORNIA'S CALNET 2 CONTRACT Report on Bid Opening and Resolution Awarding Contract RESOLUTION NO. 12545 — for Purchase of Four (4) BMW R 1200 RT -P Motorcycles, RESOLUTION AWARDING THE PURCHASE Project No. 600-44-46001-9270, to Marin BMW OF FOUR (4) BMW R 1200 RT -P Motorcycles in the Amount of $102,767.22 (Bid Opening MOTORCYCLES, FROM MARIN BMW held on July 29, 2008) (PD) — File 4-2-352 x 9-3-30 MOTORCYCLES IN THE AMOUNT OF $102,767.22. Report on Bid Opening and Resolution Awarding Contract to Columbia Electric, Inc. in the Amount of $304,425.00 for the Fifth Avenue/Irwin Street and Fifth Avenue/Lincoln Avenue Signal Upgrades, Project No. 11101 (Bid Opening Held on July 16, 2008) (PW) — File 4-1-602 x 11-10 Report on Bid Opening and Resolution Awarding Contract for Street Resurfacing 2007/2008, Project No. 11100 to Ghilotti Construction in the Amount of $1,938,009.75 (Bid Opening Held on Tuesday, July 22, 2008) (PW) — File 4-1-603 x 11-15 RESOLUTION NO. 12546 — RESOLUTION AWARDING A CONTRACT FOR FIFTH AVENUE/IRWIN STREET AND FIFTH AVENUE/LINCOLN AVENUE SIGNAL UPGRADES, PROJECT NO. 11101, TO COLUMBIA ELECTRIC, INC. IN THE AMOUNT OF $304,425.00 RESOLUTION NO. 12547 — RESOLUTION AWARDING THE CONTRACT FOR STREET RESURFACING 2007/2008, PROJECT NO. 11100, TO GHILOTTI CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $1,938,009.75 AND APPROVING THE STREETS DESIGNATED FOR RESURFACING TO BE PARTIALLY FUNDED UTILIZING LOCAL MEASURE A FUNDS AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Heller (from item #2 only. due to absence from meeting) SRCC Minutes (Regular) 08/04/2008 Page 2 SRCC Minutes (Regular) 08/04/2008 Page 3 PUBLIC HEARING: 10. RESOLUTION FOR BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2008-2009 (PW) — FILE 6-48 Mayor Boro declared the public hearing opened. Andy Preston, Public Works Director, explained that in accordance with the Landscaping and Lighting Act of 1972, the City Council, since 1993, is responsible for confirming the Assessment Diagram and levying of the assessment for the next fiscal year for the Baypoint Lagoons Landscape and Lighting District. The Engineer's Annual report, prepared by CSW/Stuber-Stroeh, was provided to the City Council. The report showed the assessment remained the same since 1993, at $131.44 per year. Work to be completed included continued eradication of cattails and non-native species in the lagoon, selective weed control, high weed mowing, and the planting of native plants. Mr. Preston reported that the Homeowners Association (HOA) continues to pay for the maintenance of plantings around the lagoon out of HOA funds, which has allowed district funds to accrue so that work could be done on the nearby pump station. To improve the water quality in the lagoon a SCADA (Supervisory Control & Data Acquisition) system would be added to monitor and maintain the highest level of water in the spring and throughout the summer. Councilmember Heller inquired as to how long it would take to accrue the funds to do this. Mr. Preston replied that the report showed funds of approximately $104,000 currently. Money would have to be put aside for the monitoring plan, which would cost approximately $40,000, together with a SCADA system and improvements to the pumps at a cost of $60,000 to $80,000; therefore, he anticipated this year or next. There being no comment from the audience, Mayor Boro closed the public hearing. Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO.12548 — RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 2008-2009. BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OTHER AGENDA ITEMS: 11. RESOLUTION ACCEPTING THE PROGRESS REPORT FROM THE CRITICAL FACILITIES COMMITTEE (CM) — FILE 9-2-57 x 8-5 Mayor Boro indicated that Fire Chief Chris Gray would present the staff report, and noting a number of Critical Facilities Committee members in attendance, he invited anyone wishing to address the City Council to do so subsequent to Chief Gray's comments. Fire Chief Gray stated that both he and Mark Lubamersky, Critical Facilities Committee Co -Chair, would make comments, and indicated that other members would be happy to respond to any questions from the City Council. Fire Chief Gray reported that this outstanding process began approximately eleven months ago with the establishment of a committee to follow up on the Strategic Committee that had met previously and completed a report. Since that time, this active, engaged and enthusiastic group, representing a good cross-section of San Rafael, had met twice monthly, coming to the table with a strong desire to help solve the problem of dealing with the critical facilities within the community. In May they provided an interim report and a progress report was included in this evening's packet. Noting that essentially, they had completed the lion's share, Chief Gray stated however, that work still needed to be done. Recapping some of the major objectives accomplished, Chief Gray reported that in addition to touring City facilities they looked at facilities outside the County. Subsequently a review of the existing report was conducted, resulting SRCC Minutes (Regular) 08/04/2008 Page 3 SRCC Minutes (Regular) 08/04/2008 Page 4 in updates to the Facility Study by Group 4 Architects. Current figures were updated based on changes in the construction industry. Public opinion polling was also evaluated, together with educational data, fund raising and finance options to give the committee a complete perspective. Indicating that the Progress Report recommended some key elements, Chief Gray stated that of significance, which differed from the prior committee's report, was the addition of the library to the scope of facilities under consideration. They also completed a draft prioritization of how this committee believed the facilities should be addressed. Chief Gray noted the committee's strong belief in the need to educate the San Rafael community about the conditions of the facilities by spending time getting out and about, together with bringing the community into the facilities to afford them a true understanding of how these facilities should service the community and be a great source of pride, thereby fulfilling a mission not only necessary for City employees but also for the community at large, which staff believed was sorely lacking. With the Progress Report, Chief Gray noted a number of suggestions and recommendations, foremost of which was a request to extend the work of the Committee until July 2009, which would allow adequate time to complete a final report. The timeline would also coincide with a ballot initiative in November, 2009 to determine whether to request the community to help finance this facility modernization plan. Chief Gray stated that within the remaining time, the committee would like to work on educational efforts. He noted some resources were available to poll the community; however, it was likely that some additional money would be necessary to conduct a comprehensive education program within the community. Noting no fiscal impact this evening other than that already built into the budget, Chief Gray believed the committee had carried out the wishes of the Council to the degree they now found themselves requiring more time to do the job effectively. Chief Gray recommended that the City Council adopt the Resolution and accept the Progress Report as presented, and invited the Mayor and Council to ask questions. Mark Lubamersky, Co -Chair Critical Facilities Committee, stated that it was an honor and privilege to serve as Co - Chair to the Critical Facilities Committee. Although challenging, they had enjoyed the work greatly and wished to continue. Many things needed to be done, primarily education, as he believed there was a sense in the community that things were fine. He felt that the conditions of the facilities and the challenges presented by the librarians, police and fire were unfortunate because the community could and would do better and he requested that more time be given for community education to improve the situation. Mr. Lubamersky expressed special thanks to outgoing co -Chair Paula Kamena for her work on the committee. Councilmember Heller inquired how the committee decided on prioritization for the eight projects. Responding, Mr. Lubamersky stated that the selection was based on those projects providing the biggest bang for the buck. Creating a public safety and police facility was first and foremost on the list, noting Station 2 was a training facility. He indicated that most members of the committee believed the fire and police stations, community centers and library should be included in one bond; however, it would be necessary to consider the opinions of the experts. The idea was to educate for four to six months to familiarize the community with the situations currently existing in the library, community centers, police and fire stations. Mayor Boro thanked the committee members for their great work and also for the support from City staff. He was pleased with the progress and looked forward to the next phase. Councilmember Connolly moved and Councilmember Brockbank seconded, to adopt the Resolution. RESOLUTION NO. 12549 — RESOLUTION ACCEPTING THE PROGRESS REPORT FROM THE CRITICAL FACILITIES COMMITTEE AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC Minutes (Regular) 08/04/2008 Page 4 SRCC Minutes (Regular) 08/04/2008 Page 5 12. REPORT ON WEST END VILLAGE TREE PLANTING (PW) — FILE 4-1-600 x 9-3-40 Andrew Preston, Public Works Director, reported that the preliminary design phase of the West End Village Project probably had the largest outreach of any project, with four resident and merchant community meetings, two merchant -only meetings, and two tree walks. The purpose of the tree walks was to evaluate problems/issues with the existing trees. Phil Abey, Abey-Arnold, the landscape architect assigned to the project, attended all of the public outreach meetings and tree walks, and was familiar with the problems and issues being faced in trying to find trees suitable for this type of urban environment. Mr. Preston directed Council's attention to the bottom of the first page of the staff report which described the challenges Mr. Abey had been working with. Providing an update on the project, Mr. Preston reported that Ghilotti Construction began work in May, 2008 and was on schedule to finish by Thanksgiving 2008. Currently, they were slightly ahead of schedule and within budget. He reported that today, four different construction crews were working simultaneously on the site, noting parking was still being maintained, and working to all the criteria on the acceleration schedule. 104 new trees were ordered and on hold at a Lodi nursery. John Tune, San Rafael Arborist and Parks Superintendent, had been working closely with Mr. Abey on the tree selection process to ensure they were the right type and he would be going to Lodi this week or next with the contractor to hand select the trees for the project. Regarding the Planting Plan aspect of the project, Mr. Abey noted a concern was raised that the trees being planted were small and he wanted everyone to understand that the entire process of selecting trees was a complicated one because of the restrictive site conditions. The primary condition prevailing was that with a building 10 feet away from the proposed street trees, it would be necessary to select trees that would not lift the sidewalk and not have dangerous droppings, but would have a growth pattern where at maturity they would not damage or threaten the adjacent building. Solar access on the northern side of the street also needed to be considered so that any proposed trees would not block the rooftops on the north side of the street; therefore, in the future should there be solar panels, they would have generous access. Aesthetically, Mr. Abey stated they wished to ensure that the trees selected provided a nice canopy at the pedestrian level and did not grow too large. Pointing to a chart, Mr. Abey identified the planting of the Pistache and Red Maples at the mid -blocks - the area between the intersection. He noted Red Maples already located along Fourth Street were doing pretty well because they were a good size and while maturing would grow into the space really well. Mr. Abey also noted a lot of obstacles, awnings or proximity of buildings, which needed to be considered in the species selected. Also for consideration in selecting these two trees for the mid -block was their very nice red/orange color, similar to the previous Liquidambar trees which would continue this aspect of accent during the fall. At the intersections, Mr. Abey proposed more flowering -type trees, such as the Crape -Myrtle and Eastern Redbud. These trees were moderately sized and would provide a nice accent element to the Pistache and Red Maples especially in the spring. At the large spaces near the Yard Bird's nursery side and the Shell Station there was space for a larger canopy tree, so a light olive color Sycamore was chosen. Similar trees were located at the corner of B Street and Mission Avenue, next to the museum. He noted these trees would have a problem right next to a building; however, with open space on both sides, they would have the space to grow. Councilmember Heller inquired as to when the planting would begin. Mr. Abey reported this would be within the next couple of months. Mr. Preston added that the first planting would begin in mid-October, finishing in mid-November, which would be ahead of schedule. Councilmember Brockbank inquired whether rain would delay the planting as with other construction activities. Mr. Preston stated this was a kind activity to do in inclement weather. Mayor Boro clarified with Mr. Abey that mid -block referred to "from intersection to intersection." Mayor Boro inquired whether property owners and tenants were going to be notified, so there would be some kind of fanfare on a given day that a tree would be planted in front of their location. He hoped they would embrace the tree and help get it down into the hole and keep their eye on it. Mr. Preston explained that Stephanie Lovette, Economic Development Coordinator, distributes a weekly bulletin which provides a very accurate and concise schedule, so that people would know when they would be working on their block and be there to participate. Mr. Preston suggested the owners/tenants could shovel a little dirt on top because the trees were large and excavators and heavy equipment would be used to dig the holes and load the trees in. SRCC Minutes (Regular) 08/04/2008 Page 5 SRCC Minutes (Regular) 08/04/2008 Page 6 Sandra Sellinger, Marin Releaf, stated that when trees are viewed as a necessary part of urban life, they rarely would be seen as only beauty. Trees offered fresh air and the ability to filter winter rains. Within the past 10 years, their power to mitigate urban pollution and reduce the carbon footprint had been observed. Ms. Sellinger noted five of the criteria given in the tree selection process: ❑ Will not generate excess leaf litter; ❑ Will flourish in an urban environment; ❑ Trees with red/orange fall color; ❑ Trees with flowering accents at intersections; and ❑ Deciduous trees to provide shade in summer and warmth in winter. Ms. Sellinger noted this did not state that all the trees had to be deciduous as some could be evergreen. Evergreen leaves accepted the rain and did not all fall at the same time - within two months; therefore, leaf litter would be reduced in those two months. The criterion of red/orange fall colors could be accomplished with accents and did not have to be done with all of the trees. She noted a heavy dependence on Sycamores in the City and should they become diseased with Dutch Elm or Sudden Oak, the City's urban forest would be devastated. Ms. Sellinger stated that another reason for planting evergreens was the scientific evidence that drivers slowed down when they could not see the road in front of them. Ms. Sellinger pointed to a photo showing the top of the hill at the intersection of Fourth and E Streets and stated that this area was particularly important for stopping or slowing traffic. She suggested putting in the Redbud as an accent because it was a small tree. Further down the road, she proposed using an evergreen rather than the existing Crape -Myrtle as a way to protect people when they used the crosswalk. She pointed to a picture of a house set back where there was ample space between the street and sidewalk and indicated the space could take a larger tree. In another example, Ms. Sellinger showed a photo of a City parking lot and recommended planting one large tree that would develop a spreading canopy instead of using three small trees. In two final examples, Ms. Sellinger showed an island where she thought the parking space could be partially lifted, plant one tree and still allow for the handicap, and suggested using Chinese Elms in some areas as the root flare of these trees showed little disruption. Mayor Boro stated that when this subject was last under consideration, the hope was that Mr. Preston, Ms. Sellinger, Mr. Tune and Mr. Abey would get together and go through these ideas and debate different solutions, and he inquired whether this had been done. Mr. Preston commented that this was the first time he had seen Ms. Sellinger's presentation. Ms. Sellinger stated that she had not had the opportunity to sit down nor had she been invited to sit down. Mr. Preston reported that during the development of the plan, several meeting were held with tree advocates, including Ms. Sellinger. She was also involved in the tree walks, attended community meetings, and had been actively involved in the Tree Planting Plan. He expressed shock at Ms. Sellinger's new requests at this late time. Addressing Mr. Abey, Mayor Boro stated that the last thing he (Mr. Abey) wanted at this time was help from the City Council in picking trees and he inquired as to Mr. Abey's opinion on the issue of evergreens at certain locations versus deciduous trees that lose their leaves. Mr. Abey stated that he was a big stickler for solar access in the winter. Deciduous trees lose their leaves allowing the sun to come in and provide heat and sunlight to the buildings. In an urban situation, it was his opinion that evergreen trees were problematic because they shed all year long and it was somewhat of a misunderstanding that they were cleaner than deciduous trees. From his anecdotal experience, the evergreens downtown were an ongoing maintenance problem, both in the shedding and leaf litter all year round. He believed strongly in trying to solve the technical issues with less emphasis on aesthetics. Mr. Tune explained that large canopy trees needed large canopy space in the ground which was confined in this project and even with space above ground, there was not necessarily the same space below ground. He believed the trees selected were appropriate for the site but offered to take a closer look at evergreens; however, he did not consider Chinese Elms to be the right type of evergreen for that space as they suffered from Anthracnose in the trunks of the trees and were susceptible to different beetles. Mayor Boro believed the project should proceed; however, requested that in the next two weeks Mr. Preston, Mr. Abey, and Mr. Gibney meet with Ms. Sellinger to discuss and consider her ideas. The Council would provide approval to accept the report this evening subject to any changes resulting from the meeting. Councilmember Brockbank stated that he was struggling with two issues: one was personal preference versus SRCC Minutes (Regular) 08/04/2008 Page 6 SRCC Minutes (Regular) 08/04/2008 Page 7 professional expertise, and the other was process and timing. There was no problem with the selected expert, the process he went through, and everything he stated. On the other hand, there was a community volunteer whose knowledge and experience was so outstanding that he hesitated to disagree with that too, and he was not sufficiently familiar with the area to know whether it was personal preference versus best practices. He agreed with the suggestion of all getting together and stated that he would concur if Ms. Sellinger convinced all that there may be a better suggestion. With regard to process and timing, Councilmember Brockbank stated that Ms. Sellinger had put the Council in an awkward position by suggesting different trees. If she had tried to present her opinions and meet with the committee earlier, then the City erred and should do better in the future. On the other hand, if she was given the opportunity and did not take it, then she was putting the City Council in an awkward spot. Noting staff indicated the trees had been selected, presumably for each spot, and were sitting in storage, Councilmember Brockbank inquired as to why Mr. Tune was going to pick them out. Mr. Preston explained that the nursery had more than one type of each tree; therefore, should 30 of one type or variety be sought, they would probably have 50 or 60 of that variety to select the best ones from. Mayor Boro repeated that this evening's action was to confirm the tree planting program and allow Public Works to continue with the contract; however, with the understanding that before going forward a meeting would take place within the next week or two with Ms. Sellinger to evaluate her ideas. He noted that of the eight basic characteristics listed on the first page of the report, Ms. Sellinger disagreed with five. David Mayer, San Rafael, acknowledged coming late to the party on this issue, but stated that he thought a bigger picture was being missed. He reported that several hundred years ago, Eucalyptus trees were introduced into California and today, thousands and millions of dollars were being spent to eradicate them from parks. At the same time, about 50-60 years ago, someone introduced non-native deer to Point Reyes, which now was a contentious issue also. He questioned why the experts and the people involved in this project were introducing non-native trees into the environment. He raised the issue of ecological impacts, and provided the example of Sycamore trees - those with the thick bark - creating a problem. Mr. Mayer stated that if the City was going to plant trees, native trees should be used to fit into the normal surrounding. Councilmember Miller moved and Councilmember Heller seconded, to accept the report. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetinqs and Conferences Attended at Citv Expense) 13. None. There being no further business, Mayor Boro adjourned the City Council meeting at 8:41 p.m. to resume Closed Session 1.(b). ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 2008 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 08/04/2008 Page 7