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HomeMy WebLinkAboutCC Minutes 2008-09-15SRCC Minutes (Regular) 09/15/2008 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 15, 2008 AT 8:00 P.M. Regular Meeting: Present: Cyr N. Miller, Vice -Mayor San Rafael City Council Greg Brockbank, Councilmember Damon Connolly, Councilmember Barbara Heller, Councilmember Absent: Mayor Boro Also Present: Ken Nordhoff, City Manager Robert F. Epstein, City Attorney Esther C. Beirne, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM Vice -Mayor Miller announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM Conference with Labor Neaotiators — Government Code Section 54957.6(a) Negotiators: Ken Nordhoff, Jim Schutz, Leslie Loomis, Cindy Mosser, Nancy Mackle, Chris Gray Employee Organization(s): San Rafael Fire Chief Officers' Association San Rafael Firefighters' Association City Attorney Robert Epstein announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:00 PM 33 San Pablo Avenue, San Rafael: - File 10-2 (2) 33 San Pablo Avenue x 9-1 John Mosher, San Rafael, stated he was one of the neighbors who expressed concern at the August 181h City Council meeting over the new architectural drawings for the 33 San Pablo Avenue condominium project. He appreciated having received the detailed written response from the Principal Planner that the design had not changed and it was standard operating procedure when a builder switched architects. He was therefore, trusting and relying on City staff to ensure that the approved six -level 151 -foot tall design was built, rather than the 166 -foot seven -level design that was displayed at the July 22nd Design Review Board (DRB) meeting. He indicated there was general agreement that a new design would have to go back to the Design Review Board. He also trusted and expected the City Council in their oversight capacity to monitor the situation closely to ensure code compliance, noting 15 -feet was too big a difference in a design that had been the focus of so much concern for almost two years. Mr. Mosher: • Inquired as to the proper venue to address a DRB members' procedural concerns; ■ Believed there were other ways to address Sacramento's housing requirements and that the Marin County Council of Mayors and Councilmembers should align with other counties to present a unified front to the state's demands; ■ Noting adjacent neighbors did not have to be notified when a change in use from office to residential was being considered, he requested that as soon as the City became aware of these proposals a Design Review Board meeting be scheduled on best uses, and if not, how did the community participate in this process; and ■ Inquired whether the City would inform neighbors in the event of other similar proposals on their street. Vice -Mayor Miller invited Community Development Director Bob Brown to revert to Mr. Mosher on these issues. DUI Checkpoints: - File 9-3-30 x 9-1 Jim Geraahtv, Canal Resident, congratulated Brian Auger on the Blues & Barbeque Festival at the weekend and stated he was disappointed that the Council recently passed resolutions approving over $600,000 for DUI checkpoints to keep drunk drivers off the road, yet condoned beer and wine being poured on the streets at the Great American Blues & BBQ Festival. He inquired as to the City's policy on alcohol and whether consideration could be given to instituting a Social Host law. City Manager Ken Nordhoff stated he would provide a response. SRCC Minutes (Regular) 09/15/2008 Page 1 SRCC Minutes (Regular) 09/15/2008 Page 2 CONSENT CALENDAR: Councilmember Brockbank moved and Councilmember Heller seconded, to approve the Consent Calendar as follows. ITEM Resolution Approving and Authorizing the Vice -Mayor to Execute an Amendment to the Employment Agreement with Ken Nordhoff, City Manager (Effective July 1, 2008) (CA) —File 9-3-11 4. Resolution Repealing Resolution No. 12129 and Adopting a Revised List of Designated Employee Positions and Disclosure Categories, to be Incorporated into the City's Conflict of Interest Code (CA) — File 9-4-3 Call for Applications to Fill Two, Four -Year Terms on the Park and Recreation Commission Due to Expiration of Terms of Commissioners Walter Kriessmann and Mark Lubamersky (CC) — File 9-2-4 Resolution Authorizing Execution of Agreements for Strategic Planning & Public Information Services, Plus City Satisfaction Survey, with Sidewalk Strategies and Godbe Research (CM) — File 4-3-434 x 4-3-435 Resolution Opposing Fiscally Irresponsible State Budget Decisions that would "Borrow" Local Government, Redevelopment and Transportation Funds (CM) — File 116 x 9-1 Monthly Investment Report for August, 2008 (Fin) — File 8-18 x 8-9 RECOMMENDED ACTION RESOLUTION NO. 12573 - RESOLUTION APPROVING AND AUTHORIZING THE VICE -MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH KEN NORDHOFF, CITY MANAGER (EFFECTIVE JULY 1, 2008) RESOLUTION NO. 12574 RESOLUTION REPEALING RESOLUTION NO. 12129 AND ADOPTNG A REVISED LIST OF DESIGNATED EMPLOYEE POSITIONS AND DISCLOSURE CATEGORIES, TO BE INCOPORATED INTO THE CITY'S CONFLICT OF INTEREST CODE Approved staff recommendation: a) Called for applications to fill two, four- year terms on the San Rafael Park and Recreation Commission to expire the end of October, 2012; b) Set deadline for receipt of applications for Tuesday, October 7, 2008, at 12 -Noon in the City Clerk's office, Room 209, City Hall; and c) Set date for interviews of applicants at a Special City Council meeting to be held on Monday, October 20, 2008, commencing at 6:30 p.m. RESOLUTION NO. 12575 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS FOR STRATEGIC PLANNING & PUBLIC INFORMATIOIN SERVICES, PLUS CITY SATISFACTION SURVEY, WITH SIDEWALK STRATEGIES AND GODBE RESEARCH RESOLUTION NO. 12576 RESOLUTION OPPOSING FISCALLY IRRESPONSIBLE STATE BUDGET DECISIONS THAT WOULD "BORROW" LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS Accepted Monthly Investment Report for August, 2008 as presented. Resolutions in Recognition of the 1000" Person to have RESOLUTION NO. 12577 gone Through the Get Ready Marin Program in San Rafael RESOLUTION OF APPRECIATION TO and the 15 Get Ready Volunteer Instructors (MS) — THERESE BROWN THE 1000TH PARTICIPANT File 102 x 13-11 IN SAN RAFAEL'S GET READY MARIN PROGRAM SRCC Minutes (Regular) 09/15/2008 Page 2 SRCC Minutes (Regular) 09/15/2008 Page 3 RESOLUTION NO. 12578 RESOLUTION OF APPRECIATION TO CAROLYN LENERT GET READY MARIN VOLUNTEERINSTRUCTOR RESOLUTION NO. 12579 RESOLUTION OF APPRECIATION TO ALEX KAHL GET READY MARIN VOLUNTEER INSTRUCTOR RESOLUTION NO. 12580 RESOLUTION OF APPRECIATION TO AMY KITAY GET READY MARIN VOLUNTEER INSTRUCTOR RESOLUTION NO. 12581 RESOLUTION OF APPRECIATION TO JOHN HANSEN GET READY MARIN VOLUNTEER INSTRUCTOR RESOLUTION NO. 12582 RESOLUTION OF APPRECIATION TO SANDY FULLERTON GET READY MARIN VOLUNTEERINSTRUCTOR RESOLUTION NO. 12583 RESOLUTION OF APPRECIATION TO JEAN ZERRUDO GET READY MARIN VOLUNTEER INSTRUCTOR RESOLUTION NO. 12584 RESOLUTION OF APPRECIATION TO MIKE SISEMORE GET READY MARIN VOLUNTEER INSTRUCTOR RESOLUTION NO. 12585 RESOLUTION OF APPRECIATION TO RICH RUSDORF GET READY MARIN VOLUNTEER INSTRUCTOR RESOLUTION NO. 12586 RESOLUTION OF APPRECIATION TO HILARY NISHIURA GET READY MARIN VOLUNTEERINSTRUCTOR RESOLUTION NO. 12587 RESOLUTION OF APPRECIATION TO SHARLENE MOSS GET READY MARIN VOLUNTEERINSTRUCTOR RESOLUTION NO. 12588 RESOLUTION OF APPRECIATION TO HENRI LESE GET READY MARIN VOLUNTEER INSTRUCTOR RESOLUTION NO. 12589 RESOLUTION OF APPRECIATION TO JUDY BURNS GET READY MARIN VOLUNTEER INSTRUCTOR RESOLUTION NO. 12590 RESOLUTION OF APPRECIATION TO FRANK COX GET READY MARIN VOLUNTEER SRCC Minutes (Regular) 09/15/2008 Page 3 10. Resolution Amending Resolution No. 12363 to Provide 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 Through December 31, 2008 (MS) — File 9-3-87 x 9-3-41 11. Resolution Proclaiming September 2008 "NATIONAL PREPAREDNESS MONTH" in the City of San Rafael (MS) — File 102 x 13-11 SRCC Minutes (Regular) 09/15/2008 Page 4 INSTRUCTOR RESOLUTION NO. 12591 RESOLUTION OF APPRECIATION TO PAUL CRIMMINS GET READY MARIN VOLUNTEER INSTRUCTOR RESOLUTION NO. 12592 RESOLUTION OF APPRECIATION TO STEVE DAVIS GET READY MARIN VOLUNTEER INSTRUCTOR RESOLUTION NO. 12593 RESOLUTION AMENDING RESOLUTION NO. 12363 TO EXTEND 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 THROUGH DECEMBER 31, 2008 RESOLUTION NO. 12594 RESOLUTION PROCLAIMING SEPTEMBER 2008 `NATIONAL PREPAREDNESS MONTH' IN THE CITY OF SAN RAFAEL 12. Resolution Authorizing the City Manager to Amend RESOLUTION NO. 12595 Funding Agreement #2007-012 Between the RESOLUTION AUTHORIZING THE CITY Transportation Authority of Marin and the City of San MANAGER TO AMEND FUNDING Rafael by Adding $503,904 in Local Measure A Funding AGREEMENT #2007-012 BETWEEN THE (PW) — File 170 x 9-3-40 TRANSPORTATION AUTHORITY OF MARIN AND THE CITY OF SAN RAFAEL BY ADDING $503,904 IN LOCAL MEASURE A FUNDING 13. Resolution Authorizing the Extending of Temporary RESOLUTION NO. 12596 Closure of City Streets for the Weekly Downtown Farmers' RESOLUTION AUTHORIZING THE Market Festival on Thursday Evenings from October 2 — EXTENDING OF TEMPORARY CLOSURE OF October 23, 2008 (RA) — File 11-19 CITY STREETS FOR THE WEEKLY DOWNTOWN FARMERS' MARKET FESTIVAL ON THURSDAY EVENINGS FROM OCTOBER 2 — OCTOBER 23, 2008 14. Resolution of Appreciation for Jay Zlotnick, Retiring RESOLUTION NO. 12597 Executive Director of Buckelew Programs (RA) — File 102 RESOLUTION OF APPRECIATION TO JAY ZLOTNICK, RETIRING EXECUTIVE DIRECTOR OF BUCKELEW PROGRAMS AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Vice -Mayor Miller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro The following item was removed from the Consent Calendar for discussion at the request of Mr. Jim Geraghty: APPROVAL OF MINUTES OF REGULAR CITY COUNCIL MEETING OF AUGUST 18. 2008 (CC) Jim Geraghty requested that the Minutes of the City Council Meeting of August 18, 2008 be amended to reflect that he requested an Economic Impact Report be conducted for Target, not an Environmental Impact Report (EIR). Councilmember Connolly moved and Councilmember Heller seconded, to approve the minutes as amended. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller & Vice -Mayor Miller NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro SRCC Minutes (Regular) 09/15/2008 Page 4 SRCC Minutes (Regular) 09/15/2008 Page 5 SPECIAL PRESENTATION: 15. PRESENTATION OF RESOLUTIONS OF APPRECIATION IN RECOGNITION OF THE 1000T" PERSON TO HAVE GONE THROUGH THE GET READY MARIN PROGRAM IN SAN RAFAEL AND THE 15 GET READY VOLUNTEER INSTRUCTORS (MS) — FILE 102 x 13-11 Vice -Mayor Miller noted that Mayor Boro had not signed the Resolutions of Appreciation due to the fact that he was absent from the meeting. However, he had instructed Vice -Mayor Miller to congratulate and thank the recipients on his behalf. Vice -Mayor Miller invited City Manager Ken Nordhoff to join the City Council at the podium for the presentations. Indicating there were three different types of resolutions, Vice -Mayor Miller explained that the first related to National Preparedness Month; the second set of resolutions recognized the instructors in the Get Ready Marin program and the third was recognizing the 1000`h participant in the Get Ready program. Quoting from the "National Preparedness Month" resolution, Vice -Mayor Miller stated: "Whereas, National Preparedness Month is an opportunity to raise awareness about the importance of emergency preparedness and to encourage all residents to better prepare themselves and their families for emergencies; and Whereas, preparedness is the shared responsibility of the entire community. Individuals can prepare themselves and their families for emergencies by taking simple steps such as becoming informed about different threats, making a personal preparedness plan, organizing an emergency supply kit, and getting involved in preparing their community. These activities create a culture of preparedness and can help save lives; and Whereas, the City of San Rafael continues to improve our community's ability to prepare for emergencies by offering two exemplary emergency preparedness programs: Community Emergency Response Team (CERT) training and the Get Ready Household Disaster Preparedness Program. Together, staff and residents can significantly enhance the level of community preparedness to further safeguard and secure our homeland; and Whereas, this month is also an opportunity to pay tribute to America's first responders who put themselves at risk for the safety of their fellow citizens. These brave law enforcement officers, firefighters and emergency service personnel exemplify the compassion and commitment that help strengthen our country. We will be forever grateful for their service and sacrifice; and Whereas, during National Preparedness Month, we encourage all residents to get involved in their community's preparedness efforts." Vice -Mayor Miller presented the Resolution to Steven Hancock, Emergency Services Manager and Angela Del Ponte, Community Emergency Preparedness Coordinator. As the Resolutions of Appreciation to Get Ready Marin Household Disaster Preparedness Program instructors were similar in content, Vice -Mayor Miller quoted from that of Sharlene Moss. He reported that Sharlene was the President of the West End Neighborhood Association, which through her leadership had been very strongly involved in helping the entire community to get prepared. "Whereas, Sharlene Moss is an active instructor with San Rafael's Get Ready Marin Household Disaster Preparedness Program; and Whereas, Sharlene is committed to helping others and is dedicated to delivering, engaging Get Ready classes to the residents, merchants and community of San Rafael as a whole; and Whereas, she is instrumental in delivering the Citywide message of emergency and disaster preparedness, is self - motivating in delivering effective training sessions, and has been a vital part of the Get Ready Program's success; and Whereas, Sharlene is engaging and passionate about disaster preparedness and has played a major role in the development of a safer, more disaster resilient San Rafael. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and City Council of the City of San Rafael hereby commend Sharlene Moss for her tireless and selfless efforts on behalf of the City of San Rafael." SRCC Minutes (Regular) 09/15/2008 Page 5 SRCC Minutes (Regular) 09/15/2008 Page 6 Vice -Mayor Miller presented Resolutions of Appreciation to Sharlene Moss, Frank Cox, Paul Crimmins, Rich Rusdorf, and Jean Zerrudo, and acknowledged the following recipients who were absent from the evening's presentation: Henri Lese, Alex Kahl, Amy Kitay, John Hansen, Sandy Fullerton, Mike Sisemore, Hilary Nishiura, Judy Burns, Steve Davis, and Carolyn Lenert. Presenting the Resolution of Appreciation to Therese Brown, the 1000`h Person to Have Gone Through the Get Ready Marin Program in San Rafael, Vice -Mayor Miller quoted: "Whereas, Therese Brown is the 1000`h person to have participated in San Rafael's Get Ready Marin Household Disaster Preparedness Program; and Whereas, Therese, a community member of the City of San Rafael, demonstrated the initiative and leadership to attend a Get Ready training, is taking the steps to become a survivor and not a victim during a major emergency or disaster; and Whereas, she is instrumental in developing a disaster resilient community and is empowered to take steps for her personal, household, and workplace preparedness; and Whereas, Therese is an example to others in promoting emergency and disaster preparedness. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of San Rafael hereby commend Therese Brown for her emergency preparedness efforts on behalf of the City of San Rafael." Angela Del Ponte presented a CERT Response Kit to Ms. Brown. Vice -Mayor Miller paused the City Council meeting to honor the recipients at a reception in City Hall lobby. The City Council Meeting resumed at 8:44 p.m. PUBLIC HEARING: 16. Public Hearina: - Consideration Of Resolutions: - File 261 (a) ADOPTING A NEGATIVE DECLARATION FOR THE SAN RAFAEL BICYCLE/PEDESTRIAN MASTER PLAN 2008 UPDATE: and (b) ADOPTING THE SAN RAFAEL BICYCLE/PEDESTRIAN MASTER PLAN 2008 UPDATE (PW) Vice -Mayor Miller declared the public hearing opened. City Traffic Engineer Nader Mansourian reported that in 1998, the City Council established the Bicycle and Pedestrian Advisory Committee (BPAC) to prepare a Bicycle and Pedestrian Masterplan. This Masterplan was prepared and approved by the City Council in February, 2002, and in order to remain eligible for Bicycle Transportation Account (BTA) grants, it must be updated every five years — a requirement of the state. Mr. Mansourian reported that the BPAC met at least twice yearly with City staff to discuss current Bicycle and Pedestrian issues, as well as the progress of the Masterplan implementation. Reporting that in 2006, the Transportation Authority of Marin (TAM) funded and began the countywide effort to update the Masterplans of all cities and towns, as well as unincorporated areas in Marin County, Mr. Mansourian stated that Alta Planning + Design was retained to update each plan and ensure they were coordinated and linked together. He indicated that for the past fourteen months, the San Rafael BPAC had been working with Alta Planning + Design and City staff to prepare the plan, which was before the City Council this evening. Indicating that they discussed all the bicycle improvements implemented since 2002, Mr. Mansourian stated this included 1.8 miles of Class I, 1.5 miles of Class II and over 23 miles of Class III, which was mostly funded by grants, Public Works Capital Improvement Projects, and a small section of Safe Routes to Schools. Mr. Mansourian stated that it had been the Public Works Department's practice to incorporate the Bicycle and Pedestrian improvements in all of its projects, including slurry sealing, pavement and intersection improvements, where feasible. Mr. Mansourian reported that in May, 2008, Alta Planning + Design completed the Bicycle and Pedestrian Masterplan SRCC Minutes (Regular) 09/15/2008 Page 6 SRCC Minutes (Regular) 09/15/2008 Page 7 update and on May 22, 2008, the BPAC voted unanimously to recommend it to the City Council for adoption. He noted that the City recently received more than $2.5 million in federal funds for projects that were not specifically identified in the previous Bicycle and Pedestrian Masterplan, as Bicycle and Pedestrian Masterplans are living documents. Mr. Mansourian stated that the goal for the Bicycle and Pedestrian Masterplan update was to make the bicycle an integral part of the daily life of San Rafael, encourage walking as a daily form of transportation and make San Rafael a model city for alternative transportation. Reporting that the proposed Masterplan update was consistent with the Circulation Element in General Plan 2020, Mr. Mansourian stated that a General Plan 2020 key recommendation was to expand the Bicycle and Pedestrian networks. He noted that all proposed facilities from the original plan not yet constructed were included in the new plan, plus an additional three miles of Class I, six miles of Class II and two miles of Class III facilities. These facilities had been broken down into three categories: ❑ Near term — 1 — 5 years ❑ Medium term — 1 — 10 years ❑ Long term — 1 — 20 years for implementation. Each category was prioritized by the BPAC and City staff. Mr. Mansourian reported that for the adoption of the plan, the BPAC had four meetings to discuss every detail, all of which were open to the public. Other interested parties and stakeholders attended the meetings and provided input. A 20 -day public review period began on August 25th, ending today, September 15, 2008. Copies of the Bicycle and Pedestrian Masterplan had been made available at the City Clerk's Office, Public Works Department and posted to the City's website on August 26th. The BPAC members were emailed with regard to notification of this public hearing and letters were sent to interested parties, such as the BPAC, MCBC (Marin County Bicycle Coalition), TAM and Alta Planning + Design. Mr. Mansourian stated that upon adoption of the plan the City could begin applying for grants in order to implement the proposed projects. He indicated that there would be no fiscal impact at this time. Mr. Mansourian stated staff recommended adoption of the resolutions for the Negative Declaration and the Bicycle and Pedestrian Masterplan update. He acknowledged the BPAC members who had worked very hard over the past fourteen months to implement the project, together with Leslie Morris, Associate Traffic Engineer, who had worked on the project for the past eight months. Vice -Mayor Miller noted a change in the draft Negative Declaration resolution — sixth Whereas - which should read: "WHEREAS, copies of the Initial Study/Negative Declaration were made available for a 20 day review period by pertinent agencies and interested members of the public, ending (not commencing) on September 15, 2008." Councilmember Brockbank stated that being new to the process he appreciated hearing about the public review period. Believing the staff report to be very interesting with regard to this item, having checked with the City Manager, Mr. Nordhoff stated that the staff report is released to everyone simultaneously on the Friday prior to a Council meeting. Councilmember Brockbank inquired as to the circumstances under which two readings of an item are required. City Attorney Robert Epstein clarified that two readings are required for adoption of an ordinance; however, typically, resolutions are adopted at one meeting, unless a continuance is required. Councilmember Connolly noted that with the change of wording in the draft resolution, it appeared essentially, that the public comment period ended today, September 15, 2008, and the item was being voted on today. He questioned why the comments could not be deliberated on and a decision made at a later date when staff and Councilmembers had had an opportunity of absorbing the information. City Manager Ken Nordhoff stated that on any item before the City Council in a public hearing, Council had the right to hear the staff report, have questions answered, take public testimony, deliberate and then choose whether to act or not, which could include continuance. Looking at this issue from staff's perspective also, Councilmember Connolly stated that theoretically, information could have been received today which would have to be digested. SRCC Minutes (Regular) 09/15/2008 Page 7 SRCC Minutes (Regular) 09/15/2008 Page 8 Mr. Nordhoff stated he was unaware of anything further having been received, in writing, beyond what was contained in this evening's packet, in terms of public comment. Mr. Nordhoff clarified for Councilmember Brockbank that the City Council had the right to continue, approve or not approve an item after going through the public hearing process. Mr. Epstein added that if some substantive change to what was proposed was being contemplated, because this project requires environmental review, it would require a further round of initial study environmental checklist and opportunity to comment. He invited staff to elaborate on the calendar for all of this. Councilmember Connolly inquired whether there were time factors involved. Having reviewed the comments provided by Mr. Seidler, Mr. Mansourian reported that some were semantics, i.e., San Rafael used the term "North South Bikeway" while the County used the term "North South Greenway." Staff believed the routes were the same and on the same map; however, described a little differently. Mr. Mansourian stated that the proposed plan was a macro approach to an idea of having a Bicycle and Pedestrian Masterplan. This document was evaluated for environmental impacts; however, incorporating some of the comments would entail going back and redoing them, which would take approximately four to six weeks to complete. Councilmember Connolly inquired whether this jeopardized the ability to receive grants, etc. Mr. Mansourian stated staff wanted to adopt the plan as soon as possible because should grants become available, not having the plan update could have a negative effect. Pointing out that this was a living document, he suggested that in the event of a change occurring, staff would meet with the BPAC members, discuss the changes, obtain their support and implement the project. He indicated he had noted in the staff report that last time none of the NTPP $2.5 million was in the plan; however, after discussion and agreement, the grant was applied for, and the project was now going through design and implementation. Councilmember Heller requested clarification that the plan was posted to the City's website in August, 2008. Mr. Mansourian confirmed it had been on the website since August 26, 2008. Mr. Nordhoff suggested going through the public hearing process and subsequently staff would answer questions. Complimenting the BPAC, Vice -Mayor Miller stated they had worked very diligently on this very fine document and he thanked them on behalf of the City of San Rafael. Preston McCov, Terra Linda, Chair, Bicycle and Pedestrian Advisory Committee, stated that he had served on the BPAC for approximately eight years and helped write both the original plan and the update. He noted that all of the BPAC meetings were held pursuant to proper public noticing in accordance with the Brown Act. Mr. McCoy stated that members of the BPAC had conducted several field trips to work out details for the pedestrian recommendations and to look at all five of the Non -Motorized Transportation Pilot Project sites in North San Rafael, around the Transit Center and in Francisco Boulevard East. Some members had also been involved in the planning of the next Bellam Boulevard improvements. Believing that the proposed Bicycle and Pedestrian Masterplan being considered this evening to be a good one and should be approved, Mr. McCoy stated it would serve as a legitimate basis for future grants and as a guide for future developments. While it was a plan, it was not a project plan, rather more a general plan. The BPAC had a good working relationship with the Public Works staff and he could report that on several occasions they had consulted with the BPAC for guidance on capital projects. He trusted the staff to do the best they could in the future to facilitate bicycle and pedestrian infrastructure as opportunities arose, and they had proved that in the past. Mr. McCoy stated he viewed the plan as a living document that could be changed as needed and the same applied to the resolution to adopt the plan, e.g., if the Governor signs a bill calling for Complete Streets, the resolution could be updated to accommodate this. Expressing his personal feelings that the plan could go much further, Mr. McCoy stated he had attended the Climate Change Action Plan project meetings and expected that more drastic measures could be necessary in the future to enable people to get around without using so much gasoline. These measures included removal of traffic lanes to accommodate bicycles, multi -use paths with grade separation, elimination of more parking and the closure of some streets to accommodate bicycles and pedestrians. He noted that all of these had been done in New York City, SRCC Minutes (Regular) 09/15/2008 Page 8 SRCC Minutes (Regular) 09/15/2008 Page 9 London, etc. While not stating that the current plan should call for this, he believed this was something to look forward to, which reinforced the need for being able to change the plan as necessary. In conclusion, Mr. McCoy stated that the BPAC supported the updated plan and recommended approval by the City Council. Don Magdanz, BPAC member, commented that things were really hopping in Marin County, with San Rafael in the center. He reported that the Cal Park Hill Tunnel groundbreaking would take place next week. The bike path along the HOV lanes going to Puerto Suello Hill was being built and would be completed by the end of the year, and the West End project would be completed in time for Thanksgiving business. There were also some very heavy NTPP projects — Terra Linda Promenade, North/South Greenway Bikeway, as well as the Transit Center, about which public meetings would be held in two weeks, which he hoped the City Councilmembers would attend. Mr. Magdanz thanked the City, City Council, City Manager's Office, Department of Public Works, Nader Mansourian and Leslie Morris for all they had done, indicating there was a very good climate for making great strides on bicycles. He was also very optimistic of what would come from the Green Ribbon Committee which he believed could be extensions of the Bicycle and Pedestrian Masterplan. Noting people were feeling the crunch, he stated they were looking for a sense of community from those walking and on bicycles. Reporting that he was working with the Canalfront Committee as their BPAC representative, Mr. Magdanz stated they were doing a lot in that area as well. He believed a lot would happen well beyond the proposed plan. A lot would change in the next few years and this was a working, moving document, going forward. Patrick Seidler, Transportation Alternatives for Marin (TAM) distributed additional material to the City Council. He explained that TAM is a 501C3 non-profit, the primary purpose of which was to promote pedestrian and bicycle transportation. They also work very closely with Marin County Bicycle Coalition, and worked with the Bicycle Coalition that initiated the Federal Safe Routes to Schools program and the Non -Motorized Pilot Program; they brought back the $25 million for the NTPP and had been working very closely with City staff. Mr. Seidler acknowledged City staff as well as the BPAC for the tremendous job they did. He noted that the City of San Rafael had a very large amount of land to look at and there were a lot of really important issues. Referring to the colored map he distributed, Mr. Seidler explained there were three primary routes in Marin County for bicycles: ❑ North/South Greenway, which follows the railroad right-of-way. At Puerto Suello Hill it goes down through the neighborhoods, towards the Civic Center and to the east side of Highway 101; ❑ North/South Bikeway is a west side passage starting in Novato, going all the way to the top of Puerto Suello Hill where it connects with the North/South Greenway and follows it to Sausalito. He explained that the North/South Bikeway is the most important bikeway in the northern part of the County as this is where residents are; ❑ Cross Marin Trail which is the primary East/West alignment that basically follows the old railroad right-of- way. Mr. Seidler explained that the entire North/South Bikeway would be built with money provided by the NTPP within the next couple of years. Referring to excerpts from the County Plan, Mr. Seidler stated he was aware City staff had a lot of current projects and as indicated by Mr. Magdanz there were a lot of current bicycle projects, which he expressed thanks for.. He stated that the County Plan outlined the North-South Greenway, North-South Bikeway and Cross -Marin Trail very articulately, and it was important this was done so that when City staff was looking at these issues, they were aware of their importance. He commented that these were all regional projects for the County. He indicated he incorporated that language to demonstrate how easy it was to follow it, and he had provided some County maps also. Believing the San Rafael Bicycle and Pedestrian Masterplan was a good one and contained a lot of good elements, Mr. Seidler indicated that as stated by Vice -Mayor Miller, the City of San Rafael was striving for excellence, and in an additional four to six weeks the plan could be made a lot better. The comments provided would assist in doing this and were made in that spirit, so that more money could be brought to the City of San Rafael for its citizens. Mr. Seidler stated it was very difficult to work with a plan that did not articulate the bigger picture when it was not in the document. He explained that they were trying to go back to the Federal Government to obtain more money for the NTPP. SRCC Minutes (Regular) 09/15/2008 Page 9 SRCC Minutes (Regular) 09/15/2008 Page 10 Mr. Seidler urged the City Council to listen to the public input this evening and direct City staff to incorporate that input. He would like to establish a direct line of communication with the Marin County Bicycle Coalition, Transportation Alternatives for Marin, San Rafael BPAC and County staff to bring this plan up to the grade A level it could be. He noted that sections of the SMART (Sonoma/Marin Area Rail Transit) plan although referred to were not in the plan. He had outlined them and urged the City Council to incorporate them, as they would be really important, particularly if SMART were successful. Indicating that he and Mr. Mansourian agreed about almost everything, Mr. Seidler stated there were issues regarding the terminology of Class II and Class III paths. He believed it would be better for all to go back and tackle those issues now, because even though the document was regarded as living, it would be difficult to work with when not written down, and there was consensus regarding room for improvement. Noting the Civic Center loop was not included in the plan, Mr. Seidler explained that it goes from North San Pedro Road, to Civic Center Drive to the proposed SMART station and they believed this to be an excellent area for a single directional Class I path system. He stated that Class I paths should also be added to the Caltrans guidelines being recommended and believed money was available for planning, engineering and environmental work in the current NTPP fund to possibly get this project planned and engineered; however, it had to be in the plan to have more money delivered to the City of San Rafael. He reiterated that this was needed explicitly in the plan and he urged the City Council to direct staff to do so. Mr. Seidler commented that the Canal Transportation Plan and North San Rafael Vision Plan should be incorporated in this document, and believed the Bicycle and Pedestrian Masterplan could be taken to a Grade A level with some time and work and he urged the City Council to so direct. David Hoffman, Director of Planning, Marin County Bicycle Coalition, reiterated that working with Nader Mansourian and Leslie Morris had been a pleasure. Having worked with a lot of BPACs around the County in the last year and a half, he believed San Rafael's was the most engaged he had had the pleasure of working with. Echoing the comments made by Mr. Seidler, Mr. Hoffman stated that the Marin County Bicycle Coalition took a look at the plan when it became available during the 20 -day review period and considered it very good. The BPAC had done a great job of putting it together and staff had done a very good job of incorporating the comments provided by MCBC. He reported that TAM (Transportation Alternatives for Marin) agreed; however, questioned certain issues, which the Marin County Bicycle Coalition agreed with. While they believed the plan to be a good one, they suggested wherever possible, to go back and put in some of the last few missing elements. Mr. Hoffman stated he works on the NTPP with Marin County and local municipalities and if not in the plan, the money was not available. Considering it a miracle that San Rafael received the $2.5 million, he suspected that perhaps Mr. Seidler, Mr. Mansourian and former Public Works Director Andy Preston were involved; however, this was not how all of the other jurisdictions got their money. Mr. Hoffman encouraged the City Council to approve the Negative Declaration. Regarding Complete Streets, Mr. Hoffman stated that many months ago the Marin County Bicycle Coalition brought the concept of Complete Streets to the BPAC and City staff. He explained that Complete Streets was an idea that roads were to be built and maintained for the most vulnerable users, i.e., those using mobility aids, pedestrians, bicyclists, etc. It was sweeping the nation in a good way. Transportation people were embracing it and there were bills at the Federal and State levels, and he was pleased to report that all of the local municipalities that had instituted the newly updated Bike Plan also had adopted a local Complete Streets policy. He believed it important to state that adopting a Complete Streets policy did not bind the City legally to anything, rather it just institutionalized a lot of the good practices San Rafael had been putting in place over the last number of years. Suggesting a small change in the resolution for adoption of the San Rafael Bicycle and Pedestrian Masterplan 2008 update, Mr. Hoffman distributed copies of this to the City Council, quoting: Current wording in the last WHEREAS —" WHEREAS, the Public Works Department will require pedestrian and bicycle improvements and other considerations to be included in all development projects prior to their approval" which Mr. Mansourian had been doing. However, they would like to strengthen this with the suggested wording: "WHEREAS, the Public Works Department through its practice of `Complete Streets' will require pedestrian and bicycle improvements and other considerations to be included in the planning, design, construction and maintenance of all road improvement and development projects prior to their approval where feasible." Realizing it is not always feasible, Mr.Hoffman stated that all this does is clarify what the City was already doing and SRCC Minutes (Regular) 09/15/2008 Page 10 SRCC Minutes (Regular) 09/15/2008 Page 11 he requested that the resolution be changed to reflect this wording Ben Hadara, thanked the City Council and previous Councils for blessing him with a healthy, safe and very enriching life in San Rafael. He stated that to produce an A+ paper it had to be drafted several times, time-consuming though it may be. He reported that he cycles from Terra Linda to Mill Valley to work and to Dominican University for his education and believed there was a lot of potential for San Rafael to be one of the best cities that people would look up to on countywide and statewide levels, even a nationwide level. In light of certain possible developments such as those in the Canal, the one-week ground breaking for Cal Park Tunnel Hill and the fact that there were so many new mountain bikers, he believed a new generation of cycle commuters and residents was being bred. Therefore, to be a model community in every respect, he suggested being patient, returning the plan to the Department of Public Works and getting it right. Miles Rafael, coach of the Terra Linda High School Mountain Bike Team, stated that young riders are often times unsafe and he tries to educate them about safe riding practices: not to ride on the sidewalks, to follow all traffic laws, to be aware that drivers are irritated by cyclist, and to be on their best behavior, riding single file. Mr. Rafael stated he was present because he strongly believed in the Safe and Separate Routes he came across in many cities and countries he had traveled to. He noted that Santa Cruz had a great plan for people to commute around the city in safe and separate lanes that had been made available. Having visited Bend, Oregon, he noted that bicycles were extremely popular as a means of transportation and added a lot to the community. They moved slower, people saw each other more, they waved, stopped and engaged in community discussion; therefore, he encouraged the City Council to incorporate Mr. Seidler's comments into the plan in consideration of the long term future of residents. Kel Harris, parent, Dixie School District, reported that for the last five years he had volunteered as a coordinator of the Safe Routes to Schools program in his children's schools. Last fall, along with other concerned parents and teachers, they formed the Safe Routes to Schools Task Force for the Dixie School District, which he co-chairs. Using the four Es of the Safe Routes program - Education, Enforcement, Encouragement and Engineering — they looked to get children out of the single -occupant vehicle back to healthier walking, biking and carbon reducing alternatives, such as the Dixie's Bus Program. While three of the four Dixie District schools are physically located in an unincorporated area of Marin, students living within the City of San Rafael limits attend each of those schools. He indicated that Miller Creek school serves students from as far as Los Ranchitos and Contempo Marin and getting parents to accept the mode shift from the car to other forms of transportation, especially non -motorized ones, had been a challenge. However, slowly, they had been able to fill the bike racks, reduce traffic around the campuses and get more children to enjoy the healthy freedom that accompanies, with less dependence on parent's cars. Expressing concerns with the update for the San Rafael Bicycle and Pedestrian Masterplan, Mr. Harris explained that while some of the routes the Dixie students use currently were adequate for walking and biking to school, some others, such as Smith Ranch Road, Lucas Valley, Freitas Parkway and Nova Albion were not. Looking at the survey of parents, students and area residents completed in the last few years, it was apparent there was a need to make routes that everyone, including the young and old, could use safety. Simply put, create safe and separate non - motorized routes wherever possible and many more people would use them, even those who had never considered non -motorized use before. Mr. Harris suggested that building a Class I pathway from the western neighborhoods, along Lucas Valley Road, using the existing path on old Lucas Valley Road in San Rafael, to McInnis Park, would allow safe movement to and from schools, the City of San Rafael, Marinwood neighborhoods, the YMCA, businesses and shops along and near Smith Ranch Road, together with all the amenities of McInnis Park and SMART, if it should happen. Mr. Harris stated that all of these were located within a distance of less than four miles, a distance that anyone would consider biking or walking if a safe route existed. As the situation stood currently, he believed very few people were brave enough to venture to the above-mentioned locations without having to get in their cars. Mr. Harris encouraged the City Council to send the Bicycle and Pedestrian Masterplan Update back to the Public Works Department for further consideration using Safe and Separate design for all users, especially the children. Debbie Rafael, Green Team member and Safe and Healthy San Rafael participant, stated that at a recent Green Visioning meeting, where 90 residents gathered to brainstorm, the overall consensus was that people wanted a clear vision of what San Rafael would look like in the future and a more connected San Rafael. People wanted to be out of their cars, multi-purpose buildings, and bicycles. In thinking of the parallel process of the Bike Plan, Ms. Rafael thought it a little unusual that the two were not more intersected. She indicated that on Wednesday, September 17, 2008 part of the Green Ribbon Panel meeting would discuss transportation and thought it a good idea to postpone the Bike Plan Update for a few weeks to incorporate not only what the City Council had before it but what might come out of this meeting. She stated that the Bike Plan needed to set the vision and needed to be explicit about the City's vision for the future, not only to communicate back to the Green Ribbon members but to funders. SRCC Minutes (Regular) 09/15/2008 Page 11 SRCC Minutes (Regular) 09/15/2008 Page 12 There being no further comment from the audience, Vice -Mayor Miller closed the public hearing Councilmember Heller inquired as to the name of the street for the Highway 101 overcrossing. Mr. Mansourian explained the Irene crossing was deleted with The Loop, saving $29 million. Medway and Harbor were the same concept with the idea of getting the Canal neighborhood across Highway 101 to Andersen or Francisco Blvd. West; however, the exact location was unknown. Councilmember Heller suggested using both names, referring to the site as Medway/Harbor. Mr. Nordhoff requested a short recess to consult with Mr. Mansourian to ensure all questions were captured. Vice -Mayor Miller called for a brief recess. Resuming, Vice -Mayor Miller directed Mr. Nordhoff and Mr. Mansourian to report only on the major issues. In response to plans raised by Mr. Seidler, Mr. Nordhoff stated he would point out in the proposed Bicycle Masterplan where some of those elements were contained. Referring to page 5-10 he noted a listing of 10 items of the Canal Southeast San Rafael improvements, most of which were lifted specifically from the Canal Transportation Plan. Pedestrian improvements in North San Rafael were listed on page 5-13, and Class II and Class III bike improvements identified, as well as the promenade. Mr. Nordhoff mentioned that the scheduled public meeting would discuss the design elements of the entire promenade segment that ran from Scotty's Market to the Civic Center. Although a section was being built as part of the Northgate Mall renovation, the community meeting was to discuss the entire design of that segment. Some of these items were listed on Page 5-4 as Class II or Class III bike paths. With regard to Complete Streets, Mr. Nordhoff stated that with regard to the new bill signed by the Governor, staff had not had a chance to examine some of the implementing impacts of that legislation. Public Works staff would do so and where necessary, involve the City Attorney's office. Rather than have the City Council consider this as part of this evening's action, staff would like to work through the BPAC to better understand the implications, and have them assist in framing an additional set of recommendations for future consideration by the Council. Addressing concerns raised by Mr. Seidler, Mr. Mansourian stated that having reviewed the map provided by Mr. Seidler it appeared as though the Bike Plan supported the North-South Greenway along the SMART corridor. The BPAC was very specific to stay within the San Rafael's jurisdiction and to mention only those projects where funding could be applied for and implemented. He noted that most of Lucas Valley Road, between Los Gallinas or Miller Creek to McInnis Park was in County jurisdiction, at least to Highway 101. He commented that a Class I underneath the highway would be almost impossible at this time. Regarding the comment on Civic Center Loop, he believed this would be discussed with the BPAC when a specific project came up. With regard to Nova Albion and the Safe Routes to Schools program, the plan had addressed pedestrian improvements near Vallecito School. With regard to bike paths along Nova Albion, Mr. Mansourian noted this was a very high-density residential area where parking was utilized. Regarding the Green Ribbon Committee mentioned by Ms. Rafael, Mr. Nordhoff noted that perhaps many good ideas emanating from the Transportation Green Team would be vetted out and folded into the Climate Change Action Plan next spring. He suspected anything coming out of that to the extent it interfaced with the Bike Plan, would be worked out first with staff, then taken back to BPAC for reconciliation, and finally incorporated into the plan. Mr. Nordhoff noted that the pedestrian plans for Vallecito were on page 5-13 of the Bike Plan, and although the specifics of issues such as SMART were not discussed, page 1-9 noted that some of the items being considered, although they run through the City, were not necessarily in the right-of-way. He commented that the proposed 70 - mile bike path was right in the City limits, running from the top of Lincoln south, some of which would parallel the railroad tracks and be the responsibility of SMART, should that measure pass. Expressing thanks to the BPAC members for their outstanding work, Councilmember Connolly requested that Mr. Magdanz and Mr. McCoy convey that sentiment to their colleagues. He commended City staff for their fine work in working with BPAC to come up with a solid plan. All shared the goal in San Rafael of getting out in the forefront in allowing residents to get around using bicycles and pedestrian options. There was no reason why San Rafael could not be the best in all of Marin County. Struck with the amount of expertise in Marin County, Councilmember Connolly noted that members of congress consulted with Patrick Seidler and Deb Hubsmith on what these plans should look like. He believed that intrinsic to San Rafael's efforts in maximizing what the City could do and getting the plan up to the A+ level, it made sense to factor in the expertise on a more countywide and regional basis, and to have those plans interconnect with the work in San Rafael. Councilmember Connolly stated that although there was some noticing and staff had done more than a good faith effort in engaging the community, the fact remained that this was a 20 -day public comment period. He believed it SRCC Minutes (Regular) 09/15/2008 Page 12 SRCC Minutes (Regular) 09/15/2008 Page 13 made sense for all to come together for an intensive defined time period, 30 — 45 days, to follow up on some of the ideas raised this evening and perhaps consider some more. This was not to state that every idea would be agreed with; however, he believed there was an opportunity to at least ensure that the San Rafael plan dovetailed with the regional efforts and that the proposals at least had the airing they deserved, utilizing all the expertise he assumed was willing to come together and do the additional process. He understood there was no particular time factor that would be prejudiced by this additional effort. Assuming this was a living document, including Safe Routes to Schools, he wanted to get the plan to an A+ level, since there was no particular time factor that would be prejudiced by an additional 30-45 day effort. He suggested going forward with the Resolution on the Negative Declaration but continue the issue of final approval for the Bicycle and Pedestrian Masterplan update for a 30-45 day period. Mr. Epstein stated that the proposed changes could be significant enough to require further environmental review; therefore, his recommendation would be to take no action on the proposed resolutions this evening and direct staff to return subsequent to discussion, with further proposals and if necessary, a new environmental study document. Councilmember Heller stated it was her understanding that most of the information was in the plan but not laid out in the manner that some would like to see. She suggested broadening the language so that bicycle groups were aware that all of the plans were mentioned, but in a slightly different format. As for Complete Streets, Councilmember Heller indicated that it would take time to digest this very complicated bill, as it added a lot of dollar signs to the City. She expressed displeasure that Alta Planning + Design, which was paid by TAM (Transportation Authority of Marin) to do this plan for the County and all the cities, was not using consistent language. Noting the City had to do the best it could with 100 -year old streets, and the need for bicycle and pedestrian paths, etc., Councilmember Heller expressed concern that there was no way to do it all. She believed the BPAC had done a wonderful job of not getting what they wanted but settling, and she stated that in going forward this needed to be kept in mind. She stated she would be happy to have the groups look at the issue further. Thanking the committee, Councilmember Brockbank expressed his amazement at the level of expertise and professional quality of work. Realizing it was all well and good to refer to it as a living document that could be amended at any time, his sense was that it required an update every five years and this probably was how often it was updated; therefore, he favored getting it right now even if that meant waiting a little longer. He saw nothing about the downside of waiting other than on approval beginning to apply for grants. He believed the odds were better that a better product could be achieved with a little more time. Stating that everyone seemed to respond positively to people getting out of their cars and making the City more pedestrian and bicycle friendly, Councilmember Brockbank questioned whether the City was doing enough and pushing hard enough. On reviewing the minutes of a recent meeting on red light cameras he was struck by statistics around one of the busiest intersections within a two and a half-hour peak period, where there were 1,000 cars on Heatherton, 1,700 on Third, 172 pedestrians, only because the bus station was a block away, and 5 bicyclists. In comparison, on his recent visit to the Pearl Street Mall in Boulder, Colorado, he saw dozens of bicyclists at any given minute in the middle of the afternoon. He was in favor of putting the plan off and coming up with a stronger product. Vice -Mayor Miller stated the plan was a macro view of bicycle paths around the City. It was a living document; therefore, as new emphasis and ways came about it would continually be updated. It was a view done by the BPAC that had a reality check to get as much as they could with as much as they had to give. He indicated he would go along with the consensus of the Council, as the basic idea was to get a little more. He noted that while a lot of the views expressed were good, some were not feasible at this time. With regard to the Negative Declaration, Councilmember Heller inquired whether it would stay active in the event no action was taken this evening. Mr. Epstein believed an environmental document would be re -circulated if it was determined that changes to the plan warranted it. No one would be prohibited from further commenting on the plan since the Council was not taking action tonight. Councilmember Brockbank requested clarification with regard to the City Attorney's advice on any action to be taken. Councilmember Connolly stated the point would be to establish a set amount of time. While he was in favor of being expeditious, Mr. Nordhoff noted several other significant traffic issues were scheduled in the next couple of months; therefore, he would prefer not to be held to a date certain. Mr. Epstein clarified that because no specific date was being selected a continuance was not relevant, and therefore no action was required this evening. Noting Councilmember Connolly's directive regarding timeframe, Mr. Epstein SRCC Minutes (Regular) 09/15/2008 Page 13 SRCC Minutes (Regular) 09/15/2008 Page 14 stated staff would work with the timeframe with other issues on calendar. Councilmember Connolly noted that although no prejudice existed currently, that would not last forever. Committed to moving as quickly as possible, Mr. Nordhoff explained the first course of action would be to have staff work through what was heard this evening, then reconvene with the BPAC and invite the other interested parties to be a part of that process. When ready, the matter would be brought back to Council. No City Council action was taken on this item. CITY MANAGER'S REPORT: 17. None. COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetings and Conferences Attended at Citv Expense) 18. Single -Paver Healthcare: - File 9-1 Councilmember Brockbank distributed copies of a letter from State Senator Sheila Kuehl to the Governor regarding the Single -Payer Healthcare. The bill passed and now awaits the Governor's veto or signature. There being no further business, Vice -Mayor Miller adjourned the City Council meeting at 10:11 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12008 VICE -MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 09/15/2008 Page 14