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HomeMy WebLinkAboutCC Minutes 2000-12-04SRCC Minutes (Regular) 12/4/2000 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, DECEMBER 4, 2000 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - COUNCIL CHAMBER - 7:00 PM: Mayor Boro announced Closed Session item. CLOSED SESSION - CONFERENCE ROOM 201 - 7:00 PM: Conference with Legal Counsel — Existing Litigation Pursuant to Government Code Section 54956.9(a) Case Name: Alice Melling v. City of San Rafael Present: Albert J. Boro, Mayor Barbara Heller, Vice -Mayor Paul M. Cohen, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None City Attorney Gary Ragghianti announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None CONSENT CALENDAR: 8:15 PM Councilmember Phillips moved and Councilmember Miller seconded, to approve the Consent Calendar, as follows: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Special and Regular Minutes approved as submitted. Meetings of Monday, November 20, 2000 (CC) 2. Request for Amicus Participation: (CA) - File 9-3-16 Approved amicus participation. Cashman v. City of Cotati (9th Cir. Court of Appeal, Northern Dist. of California Case No. C -99 -3641 -WHO) 3. 0 Monthly Investment Report for Month Ending October, 2000 (MS) — File 8-18 x 8-9 Resolution Renewing Contract with Kenneth Emanuels & Associates for Legislative Advocacy Services (CM) —File 4-3-354 x 113 x 116 x 9-3-11 ITEM REMOVED FROM AGENDA AT THE REQUEST OF STAFF. RESOLUTION NO. 10746 — RESOLUTION AUTHORIZING THE CITY OF SAN RAFAEL TO RENEW THE CONTRACT WITH KENNETH EMANUELS & ASSOCIATES FOR LEGISLATIVE ADVOCACY SERVICES ON BEHALF OF THE MARIN COUNTY COUNCIL OF MAYORS AND COUNCIL MEMBERS FOR THE PERIOD OF JANUARY 1, 2001 THROUGH DECEMBER 31, 2001 SRCC Minutes (Regular) 12/4/2000 Page 1 6. Resolution Authorizing Contract with Nichols Berman Environmental Planning for Technical Review Services for the Preparation of an Environmental Impact Report (EIR) for the Update of the General Plan 2020 (CD) — File 4-3-382 x 115 (2020) SRCC Minutes (Regular) 12/4/2000 Page 2 RESOLUTION NO. 10747 — RESOLUTION ACCEPTING THE PROPOSAL FOR SERVICES AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH NICHOLS BERMAN ENVIRONMENTAL PLANNERS FOR TECHNICAL REVIEW SERVICES FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE UPDATE OF THE GENERAL PLAN 2020 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the Consent Calendar for discussion, at the request of Mayor Boro: 5. RESOLUTION WAIVING PROCESSING FEE FOR MARIN HEAD START (199 GREENFIELD AVENUE) (CD) — FILE 9-10-2 x 10-2 x 4-10-188a Mayor Boro stated he fully supported waiving the fees and endorsed the work carried out at Head Start. He wanted to ensure the applicant was aware of a business across the street on Miracle Mile, named "Cigarettes Cheaper", and inquired whether it would be an impediment to the Child Care Center. Replying, Kay Wernert, Director Marin Head Start, stated she was not concerned as the Child Care Center was far enough away and would be buffered by both the Church and roadway. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 10748 - RESOLUTION WAIVING PAYMENT OF FEES FOR MARIN HEAD START DAY CARE CENTER (199 GREENFIELD AVENUE) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION: 7. INTRODUCTION OF JANE LANGE, NEWLY -APPOINTED CULTURAL AFFAIRS SUPERVISOR (LIB/CULT.AFFS.) — FILE 9-3-61 x 7-4 x 7-8-1 x 13-14-2 Mayor Boro announced that as Jane Lange, recipient, and Vaughn Stratford, presenter, both had to leave before the Council Meeting commenced, the introduction would take place at the Council Meeting of December 18, 2000. COUNCIL CONSIDERATION NEW BUSINESS: 8. PRESENTATION ON SONOMA/MARIN AREA RAIL TRANSIT (SMART) — FILE 245 x 248 x 170 Mayor Boro stated the County Board of Supervisors of Marin and Sonoma counties had formed a JPA entitled Sonoma/Marin Area Rail Transit (SMART), and this group had been laboring for many months to come up with a transit plan. Present this evening was Justin Fox, Consultant with Wilbur Smith Associates, who would present the culmination of these months' efforts. Mayor Boro reported the plan had been adopted by SMART and this week they would be present at a California Transportation Commission meeting in Southern California, to address the $37 -million received by SMART from the Governor to begin this process. In addition, Proposition 116 funds of approximately $16 - $18 -million would be available. He stated it was requested this be brought to the applicable City Councils and tonight appeared to be an appropriate night. Justin Fox, Consultant with Wilbur Smith Associates, stated this was a presentation of the SMART Implementation Plan, the cover note of which was adopted on September 13, 2000. He indicated the presentation would have three aspects: SRCC Minutes (Regular) 12/4/2000 Page 2 SRCC Minutes (Regular) 12/4/2000 Page 3 • Summary of the plan in brief, including the vision of the service and an articulation of that vision; • Operating plan, how it will move people back and forth; • Financing plan, how it will be funded. There would be a brief section addressing the journey to the plan; how decisions were arrived at and what needs to be done in relation to moving the plan from a desk study to something which actually moves people. Mr. Fox explained that an operating plan would provide an answer to the SMART Commission's vision that SMART should satisfy various elements of a good rail service for commuters. Firstly, he stated, SMART would move commuters and off-peak riders, offering relatively frequent service in regular headways during peak commute periods, with a reduced midday schedule. It would begin operations five years after voters approved the sales tax in both Sonoma and Marin counties; it would use state of the art rolling stock, serving the major population and employment centers, enhancing mobility and the mode choice of commuters and off-peak riders. Mr. Fox stated that at the beginning of the plan, now envisioned to be 2007, the ridership would be 3,400 per day, with 80% being peak commute riders and 20% off-peak. Numerous markets would be served in the plan area, with very few riders being San Francisco bound, due to the inherent difficulty in switching modes mid -route. The southernmost terminal would be downtown San Rafael. He continued that 5 years after startup, 2012, the ridership would have grown to 4,700. At startup there would be 24 trains per day and of these, 20 would operate between Healdsburg and San Rafael. The peak headways would be every 45 minutes, with off-peak 2 hours 15 minutes. The run time between Cloverdale and San Rafael would be 1 hour 36 minutes, and between Santa Rosa and San Rafael 55 minutes. Later the peak period headways would drop from 45 minutes to 30 minutes, which is typical of commuter services expanding and improving over time. Mr. Fox stated that in later years SMART would improve to operating 32 trains per day. The average fare between Santa Rosa and downtown San Rafael would be $3.70. Continuing, Mr. Fox stated there would be 11 stations on the route, with the possibility of a second station being added in Novato. There would be parking, lighting, bus drop off areas, 300 -foot long platforms, ticket vending machines, communications systems alerting passengers to arrival time of next train, surveillance cameras, patrolling security personnel, telephones, bicycle parking and locker facilities. Mr. Fox illustrated the route depicting Cloverdale to downtown San Rafael, stating the alphabet soup in the drawing referred to passing sidings to be built, one for 45 minute frequencies and the other for 30 minute frequencies, the latter going on line in the 6th year of service. Mr. Fox reported that state of the art rolling stock would be used, complying with FRA (Federal Railroad Administration) standards for crash worthiness. Three types of rolling stock were investigated: • Conventional locomotive -hauled equipment as seen in services such as Cal Train; • Rebuilt Rail Diesel Cars, an older technology totally renovated; • Diesel Multiple Units (DMUs), as seen on display in San Rafael approximately two years ago The latter, although very attractive, did not comply with FRA standards for crash worthiness with simultaneous operations with freight trains. However, there are designs to make these compliant and should this transpire, they would be a candidate for the service. Regarding right of way improvements, Mr. Fox reported that no traffic had been on the line for two years; therefore, a great deal of updating needed to be done to bring it up to freight standards of operations, with much more needed to comply with standards for commuter rail service. Therefore, track work and grade crossing improvements would have to be done throughout the 68 -mile route. It would need a new centralized train control system, signaling system to ensure operations in excess of 60 mph in places, and repairs to four bridges. The Plan in Brief — Mr. Fox stated that using 2007 as a launch date, $2 -million in revenues would be available, at an operating cost of $7.5. This would yield a farebox recovery ratio of 27% in the first year of operations, and 34% five years later, adding that these figures are in line with commuter rail and bus agencies. Los Angeles Metrolink is the highest at 42%; however, this number is suspect in view of the fact that they do not include all of the costs counted in this present study. SRCC Minutes (Regular) 12/4/2000 Page 3 SRCC Minutes (Regular) 12/4/2000 Page 4 Mr. Fox continued that SMART would be financed by a combination of sources: fare revenue, sales tax contributions and state and federal earmarks, as mentioned by Mayor Boro. The Commission, in the final plan, specified that the service would begin five years after approval of a half cent sales tax in both counties, reasoning that the longer the implementation is delayed the less of a portion of the sales tax would be required over the life of the sales tax, and given the competitive nature and needs in the county, it was felt this was a fortuitous move. With employment and population growth, over time it would mean more people would be ready to use the service from the day it was implemented. Mr. Fox stated that as an example, some pro forma calculations were done using the passage of the sales tax in 2000 with the service beginning in 2005, and at that time it was figured that under this sales tax scenario drawdown would be less than 30% in the first twelve years, and looking at the 20 year history from 2000 — 2020 the service would consume less than 22% of the sales tax generated. He reported there was an opportunity to be aggressive in pursuing federal and state earmarks also; sight should not be lost of these as they are very powerful opportunities for financing. Transit Integration — Mr. Fox reported there are 5 operators with whom discussions have taken place, all of whom are willing to coordinate their schedules with the arrival of trains in their locations. This would enhance access to the system and encourage patronage. Continuing, Mr. Fox stated there were deliberations regarding bicyclists and pedestrians who would like to use the right of way, and it was decided that at this point there would be no specific recommendation in this regard, but over time the Commission does support inclusion wherever possible along the right of way. In explaining how decisions were reached, Mr. Fox stated that in 1998, Sonoma and Marin counties formed the SMART Commission to pursue an Implementation Plan. In 1999, the Commission made a series of decisions that would frame the analyses of the start-up level of service, which included exploring various service options, different station spacing concepts, types of rolling stock and how fast the service could be re -run for flexibility sake. Five different routes were investigated, including Healdsburg to downtown San Rafael and Cloverdale to downtown San Rafael. The route extending the service to Larkspur dropped out of the analyses as the cost was prohibitive on a cost per mile basis, and the fact that Larkspur was not enthusiastic about the train coming into the ferry terminal. These different scenarios generated different financing results, and Mr. Fox depicted the Cloverdale to San Rafael route as having the highest farebox recovery ratios (farebox recovery being the proportion of operating costs covered by fare revenue). The longest route, therefore, would have the greatest farebox recovery, having the opportunity to carry more people further distances. Ultimately, the SMART Commission opted for the longer route because of the enhanced finances long- term, together with greater growth potential. Financial Plan - Mr. Fox illustrated expenses and revenues being in balance, with the biggest part of revenue covering operating expenses being generated from the sales tax; farebox revenue would contribute a substantial part and thereafter, federal and state funds, including proposition 116 funds. At the time this was done it was not known that $37 -million would be coming from Sacramento. The types of rolling stock, with no conclusions reached yet are • Conventional commuter rail vehicles - very successfully deployed in commuter rail services up and down the West Coast; • Rail Diesel Cars - 1950s body style, re -manufactured down to the components and brand-new on the inside. Dallas Commuter Rail uses these; Diesel Multiple Units - very attractive unit, the downside being no compatible FRA designs exist to date. They are very expensive but this technology has a lot of interest in the United States. Mr. Fox commented that as soon as interest is generated, the per unit price should drop significantly to make it more competitive with conventional options. Mr. Fox reported a preliminary environmental assessment was done to determine the potentially significant impacts if the service were implemented. Areas needing further analysis included: • Land use and planning — one station site is slated for other uses; • Geologic issues; • Transportation — the potential for traffic delays at crossings up and down the line; • Biological resources/wetlands; • Noise; SRCC Minutes (Regular) 12/4/2000 Page 4 SRCC Minutes (Regular) 12/4/2000 Page 5 • Cultural resources — depots and other historic resources exist up and down the line — how would these be preserved. Mr. Fox reported, however, that taking all of these facts into consideration, the Commission did endorse the implementation plan on September 13th which set in motion a series of next steps. • The first of these would be to establish governance for the rail service to determine the cost sharing responsibilities between Sonoma and Marin counties; • Select a project manager, the person or group of individuals who will carry this forward from an I Implementation Plan to an actual running rail service and negotiate right of way agreements with the three separate owners involved. • Preliminary engineering has to be carried out of all track and maintenance facilities. • Over the next few years a rolling stock needs to be selected; • Environmental issues need to be dealt with; • There will be an EIS process for both state and federal funds; • Funding sources- TCRP application, this has been done, but the application for 116 funds has not, and there has not been a well crafted strategy to go after all available federal and state funds as yet. • There will be 11 stations but the locations need to be pinpointed. Mr. Fox continued, stating that assuming the sales tax is passed, from 2003 to 2007 when service actually is implemented, another series of actions will need to be taken: • Transit integration - all five service operators need to be contacted and agreements crafted, so that busses will meet trains, etc.; • Schedules will need to be made available, possibly on the MTC's (Metropolitan Transportation Commission's) call-in information system, and from the web site; • Re -craft the operating agreements to make them more convenient; • Look at crew sizes, fine tune staffing needs, and negotiate contracts regarding who is actually going to maintain the stations; • Select a service operator — the service will probably be operated by an independent agency but there will be a lot of competition in this area; • Determine the equipment specifications and order the equipment — detailed mechanical engineering would be needed with the appropriate time being post 2002; • Perform final engineering; • Cut the Ribbon. Mayor Boro thanked Mr. Fox for condensing two years of SMART, and five years previously, into 20 minutes. He stated there were five members of SMART from Marin: two Supervisors, Kress and Rose, he himself represents San Rafael, Mike deGeorgio represents Novato and MCCMC has appointed Dick Swanson, with five corresponding members from Sonoma County. Mayor Boro continued, stating that on December 13th a Project Manager would be selected to get the process started. He mentioned that the issues of governance, who owns the right of way and what SMART's role is, are not simple, with Golden Gate Bridge owning a piece of the rail from Larkspur above San Rafael outright; an agency entitled the North West Pacific Coast Rail Authority, in which the Bridge, Marin County and Sonoma County, through a front, is represented, own the property up to Cloverdale. From Cloverdale North it is owned by the NCRA — Northwest Pacific Railroad. Therefore, reported Mayor Boro, SMART will need to work with these agencies and entities regarding ownership of the line and how it will materialize. As background, Mayor Boro reported that at last Friday's Bridge Board of Directors retreat, it was agreed to pursue this process, preserve the right of way, make sure it is utilized, but have a standing policy that no toll dollars go into the operation of the line. Given this, stated Mayor Boro, they are willing to be considered an operator for the line. Councilmember Miller stated he was interested and as development continued to our north, this would be a solution in terms of transportation, but he considered housing should accompany this and wondered whether there had been any discussion with cities along the line regarding station stops coming into a small intensified, predominantly living community. Mr. Fox responded, stating Councilmember Miller had touched on a very important point in that should cities have plans in place to promote development, preferably dense development adjacent to the station areas, the station vicinity itself becomes a vibrant employment region also, which would encourage ridership. This aspect, reported Mr. Fox, was not part of this particular study; however, it had been the subject of previous studies, pointing out that the Calthorpe plan, the latest and probably most recognized, did in fact, make that endorsement and while there has not been dialogue with the cities up and down the line regarding their land use plans, he understands the sentiment would meet with the approval of the appropriate City Councils. SRCC Minutes (Regular) 12/4/2000 Page 5 SRCC Minutes (Regular) 12/4/2000 Page 6 Councilmember Phillips requested confirmation on station classification and the number to be sited in Novato. Replying, Mr. Fox stated there would very probably be two stations in Novato, defining a station as a stopping point. Councilmember Phillips noted that sales tax would pay the bulk of the operating expenditures and inquired regarding other benefits derived where the sales tax is generated. He referred to people residing in Cloverdale, who would travel to San Rafael, receiving great benefit and voting for the sales tax, as against those not using the system. Mayor Boro stated this was a real issue in Marin, evidencing West Marin and Southern Marin, adding that he, Dick Swanson from Mill Valley, and a few others had been working towards coming up with information for all Councils on the entire sales tax package, to allow each community to pinpoint its needs, whether it be shuttle, road improvements, (the reason for hiring a Transportation Planner) so that a piece of this half cent sales tax could be used by each community as they so determine. Mayor Boro pointed out that this was a very important aspect, otherwise people would say "why bother". Councilmember Phillips stated he had received an article written for the IJ by a friend, Terry McLaughlin, addressing the concept of clips being attached to the freeway structure, to use the Richmond Bridge to Bart, and inquired as to its practicality. Responding, Mr. Fox stated this was not practical and he had not heard of the technology Councilmember Heller inquired regarding the status of the $37 -million should the sales tax not pass. Mr. Fox stated that the $37 -million, or portion of it, would be used to hire the Project Manager, who in turn would hire the Environmental Consultants, the idea being to have a plan which would be superior to the present one, in two years. Councilmember Heller inquired if this clarified that the system could not be implemented without the passing of the sales tax, and Mr. Fox replied this was so. Councilmember Heller conjectured if the population using the system would be enough to justify it. Mr. Fox replied that in terms of prospective, the projected ridership for 2007 would be more or less the same as is on the Los Angeles Metrolink Ventura line, which runs from downtown Los Angeles to Burbank, and the San Fernando Valley out to Ventura on the coast, which is a well patronized line. He stated 3,500 riders per day denotes a good system and is more than ACE (Altamont Commuter Express) carries presently; however, ACE is growing rapidly. The Coaster in San Diego has about 4,500 passengers, having been in operation for five years, and Mr. Fox stated the SMART system is comparable in terms of ridership and farebox recovery. Councilmember Heller commented that riders would have to be encouraged to move to rail. Mr. Fox stated that the geography of the corridor is such that a lot of jobs are on this route. Councilmember Heller stated this would be necessary and as the plan moved forward, discussions should take place regarding shuttles to move passengers from stations to their workplaces, and Mr. Fox reiterated that this would be a very fundamental part of the service. Councilmember Cohen stated he was impressed with the presentation and was pessimistic as long as there was a two-thirds requirement, although both Alameda and Santa Clara Counties needed to pass transportation related sales tax measures in this election cycle. Councilmember Cohen added that an interesting element he observed was the difference between the numbers of people articulating the plan as a high priority, and those who say they would actually ride it. He stated this was confusing until it was pointed out this difference represented the people who assumed that if everyone else rides the train it would be an easy trip down the freeway for them; this would make one a little nervous, he added. Councilmember Cohen questioned whether grade crossings, not grade separators would be used and if this still needed to be worked out with the PUC (Public Utilities Commission). Mr. Fox replied that there would be grade crossings and added the line already crosses, so in view of this, no PUC requirement was necessary. Councilmember Cohen pointed out that the line had been dormant. Mayor Boro stated that in downtown San Rafael, the General Plan currently calls for a grade separator to be built, and this is an issue which will have to be evaluated prior to going forward, because the thinking is that trains will be short enough to fit between the blocks and will not stop the traffic. Councilmember Cohen stated that in the presentation there was an assumption of a 300 -foot platform, and he questioned where this would fit in downtown San Rafael. Mr. Fox stated that between Third and Fourth Streets the distance is about 285 feet. The combination of a DMU or three RDCs, or any of the technologies presented, would be sufficient to fit within the 285 foot opening, with any combination being sufficient to handle the volumes up and down the line. He SRCC Minutes (Regular) 12/4/2000 Page 6 SRCC Minutes (Regular) 12/4/2000 Page 7 added that it looked as if there was a good possibility of having a train come straight into San Rafael, go through Fourth Street, stop, and clear both Third and Fourth Streets without disrupting traffic. However, Mr. Fox stated that the environmental study still needed to be done, which would yield the full traffic impact. Replying to Councilmember Heller's question on whether the current transit station would be used, Mr. Fox stated that the train would come into the old Northwestern Pacific Station area. Councilmember Cohen stated it would make sense to have it come into the Transit Center, enabling passengers to take busses on site; however, crossing Second or Third Streets would create gridlock. He stated he had been the Mayor's alternate occasionally at meetings and reiterated that it was agreed not to exhaust the budget insisting on grade separations, which were built into the initial assumptions, reserving judgment on that policy issue on behalf of San Rafael, but pointing out that the General Plan called for grade separation through San Rafael. Councilmember Cohen stated that if trains stop in downtown San Rafael, which is the current thinking, they will stop north of Third Street, and added that anything crossing Third Street, not to mention Second and Third Streets, would be unmanageable. Mayor Boro stated the alternative was to build something above grade, thereby having an ugly structure in the middle of downtown, which would not be very appealing. He used the analogy that cable cars work on Powell Street; traffic stops, people alight and the cars resume, and in San Rafael this would be only every 45 minutes, presuming the train would fit between Third and Fourth Streets. Mayor Boro closed the presentation. COUNCILMEMBER REPORTS: 9. a) Marin Baylands National Wildlife Refuge : - File 257 x 120 Councilmember Cohen stated he had spoken with City Manager Gould regarding the fact that while he was out of town, an Open House was held at the Hamilton Officers Club in Novato, and requested that information be obtained on the Fish & Wildlife Service's apparently proposing a Marin Baylands National Wildlife Refuge. He stated that it appeared from the map in the document, which he distributed to the City Council, to incorporate within its boundaries an area on which San Rafael had spent a lot of time, effort and money planning for, in partnership with the County of Marin. City Manager Gould explained that whatever outreach was done did not include Cities in the proposed area, so this was a surprise. Community Development Director Bob Brown stated that a staff member attended the meeting, but the biggest concern was the lack of outreach, adding the environmental agencies were tapped but not property owners. He stated a letter would be written for the Mayor's review and signature, which would discuss how a two year process was done which represented the various interests in Marin regarding that property. There being no further business, the City Council meeting was adjourned at 9:00 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12000 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 12/4/2000 Page 7