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HomeMy WebLinkAboutCC Minutes 2008-04-07SRCC Minutes (Regular) 04/07/2008 Page 305 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, APRIL 7, 2008 AT 8:00 P.M. Regular Meeting: Present: Albert J. Boro, Mayor Cyr N. Miller, Vice -Mayor San Rafael City Council Greg Brockbank, Councilmember Damon Connolly, Councilmember Barbara Heller, Councilmember Absent: None Also Present: Jim Schutz, Assistant City Manager Gus Guinan, Assistant City Attorney Esther C. Beirne, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM None CLOSED SESSION — CONFERENCE ROOM 201 - 7:00 PM None ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:02 PM Tree Advisory Council: - File 9-1 x 9-3-40 x 11-6 Steve Patterson, Chair, Federation of San Rafael Neighborhoods, invited Council's consideration of the formation of a Tree Advisory Council. He recalled that in the summer of 2006, there was a two-week period of 100 degree temperatures and the well-developed tree canopies in some of the older neighborhoods served as a valuable resource by reducing temperatures by as much as ten to fifteen degrees because the infrastructure, sidewalks, gutters, curbs and pavement did not heat up. The juxtaposition of being in such a neighborhood versus a neighborhood with very few or no trees, was quite contrasting. Mr. Patterson reported that in the ensuing eighteen months he met regularly with representatives from the City, including City Manager Ken Nordhoff, City arborists, PG&E and different neighborhood leaders, together with conducting canopy tours of San Rafael. In October, 2007, he addressed the City Council requesting that this issue be considered and Mayor Boro directed that it be agendized subsequent to the seating of the new City Councilmembers. Mr. Patterson believed the timing to be perfect now, with the formation of the Green Ribbon Committee and Green Teams. He believed it important to focus on the street trees in addition to a discussion on urban forestry. He noted the Federation Steering Committee had already weighed in and supported it unanimously, together with those in the audience this evening who supported a Tree Advisory Council. Mr. Patterson read the Seven -Point plan into the record: "The Federation of San Rafael Neighborhoods recommends the establishment of a Tree Advisory Council. The proposed Tree Advisory Council will work with City officials to provide advice and guidance on the following issues: 1) Managing the street tree canopy in a holistic manner that views the canopy as a community asset that must be sustained and expanded, wherever possible. 2) Developing a specific Tree Planting Strategy that is aligned with a set of Tree Planting Guidelines and a Tree Ordinance. 3) Providing a positive link to the community with education on tree benefits and tree strategy. 4) Addressing the problem of infrastructure damage due to tree root damage and tree root lifting, with strategies that can create partnership opportunities between the City and its citizens. Aid in developing comprehensive, consistent and effective tree and sidewalk/curb & gutter plans with staff. 5) Assisting the City in preventing costly mistakes in tree planting of the past so that new problems are not inadvertently created that will need to be solved by future leaders. 6) Overseeing coordination with government agencies and PG&E who have interests and responsibilities in a Tree Canopy regarding its functionality and health. 7) Commenting on new development applications to ensure compliance with tree ordinance and follow-up on post -application for consistency with approval. SRCC Minutes (Regular04/072008 SRCC Minutes (Regular) 04/07/2008 Page 306 Applauding the City Council for the Green Ribbon Committee and Green Teams and complimenting Mayor Boro for addressing neighborhoods and working closely together in his State of the City speech, Mr. Patterson requested that the City Council work with them to create a win, win situation so that the tree canopy is not put at further risk, rather expanded for future generations. Sue Spofford, Sustainable San Rafael, supported Mr. Patterson's request to agendize an item to discuss the establishment of a Tree Advisory Council. She stated that Sustainable San Rafael wanted San Rafael, designated a Tree City USA, to live up to its name. The City should establish a Tree Board of some type that is legally responsible for the care and management of the City's trees and should include a professional forester and arborist, together with an advisory group of concerned citizens representing broad based community involvement. Under the Green Ribbon Committee initiative, a Tree Advisory Council would appear to make a logical extension to San Rafael's Climate Action Plan. Ms. Spofford reported that according to the Center for Urban Forest Research, investing in trees was one of the most effective strategies for enhancing a city's sustainability. The shade produced by trees, especially large trees, reduces energy costs for buildings and reduces maintenance costs for paved surfaces. Trees reduce storm water runoff, improve air quality and absorb CO2, improve human health, beautify neighborhoods and increase property values. She reiterated that she supports efforts to establish a Tree Advisory Council to work towards a comprehensive tree management program and endorsed the request that the item be agendized for discussion by the City Council. Sandra Sellinger, Marin Releaf, stated that she had been an active participant in urban forestry. She had traveled all over the nation, taken classes and spoken with the Secretary of the United States Department of Agriculture and with national leaders on the subject of urban forestry. Ms. Sellinger noted that almost every county in California had some type of urban forestry advisory council that included the public, albeit not Marin, and it was usually in the largest city in the county. She stated that the sentiments expressed by Mr. Patterson represented the will of constituents to develop a Tree Advisory Council and a comprehensive Tree Ordinance. Mayor Boro reported that San Rafael's 26th consecutive year as a Tree City USA would be celebrated on April 16, 2008 at Davidson Middle School. He indicated that the issue raised by Mr. Patterson had been briefly discussed at a City Council Retreat recently; however, no action was taken at that time. Having discussed the issue with the City Manager, Mayor Boro stated the item would be agendized for discussion at the City Council meeting of May 19, 2008. CONSENT CALENDAR: Councilmember Miller moved and Councilmember Brockbank seconded, to approve the Consent Calendar, as follows: ITEM Approval of Minutes of Special and Regular Meetings of March 17, 2008 (CC) 3. Resolution Authorizing the City Manager to Execute a Revised Fund Transfer Agreement to Accept and Expend a Grant in the Amount of $140,000 from the California Department of Transportation for a Canalfront Conceptual Design Plan (P06-005) (CD) — File 272 x 171 x 9-3-85 4. Resolution Authorizing the Mayor to Sign a Contract Amendment Between the Marin County Community Development Agency and the City of San Rafael for a Block grant in the Amount of $15,500 for the 2007-2008 Fiscal Year for Child Care Staff Salaries at Pickleweed Children's Center (CS) — File 4-13-110 x 147 5. Resolution Adopting a Temporary, Seasonal, Retiree, Fixed -Term Salary and Benefit Plan and Rescinding RECOMMENDED ACTION Minutes approved as submitted. RESOLUTION NO. 12454 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO ACCEPT AND EXPEND A GRANT IN THE AMOUNT OF $140,000 FROM THE CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR A CANALFRONT CONCEPTUAL DESIGN PLAN (P06-005) RESOLUTION NO. 12455 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT AMENDMENT WITH THE COUNTY OF MARIN COMMUNITY DEVELOPMENT AGENCY FOR CHILD CARE SERVICES FOR FISCAL YEAR 2007- 2008 IN THE AMOUNT OF $15,500 RESOLUTION NO. 12456 RESOLUTION ADOPTING A TEMPORARY, SRCC Minutes (Regular04/072008 Resolution No. 12180 which Pertains to Compensation for Part -Time, Temporary, Intermittent and Seasonal Workers (MS) — File 7-8-6 SRCC Minutes (Regular) 04/07/2008 Page 307 SEASONAL, RETIREE, FIXED -TERM SALARY AND BENEFIT PLAN AND RESCINDING RESOLUTION NO. 12180, WHICH PERTAINS TO COMPENSATION FOR PART-TIME, TEMPORARY, INTERMITTENT AND SEASONAL WORKERS 6. Resolution Accepting Grants of Easement for Public RESOLUTION NO. 12457 Roadway and Utility Purposes from Maryann K. Skitarelic RESOLUTION ACCEPTING GRANTS OF (APN: 009-192-06) (PW) — File 2-4-35 EASEMENT FOR PUBLIC ROADWAY AND UTILITY PURPOSES FROM MARYANN K. SKITARELIC (APN: 009-192-06) 7. Resolution Accepting Grants of Easement for Public Roadway and Utility Purposes from Bon Air Shopping Center, LP (APN: 009-192-07) (PW) - File 2-4-36 8. Report on the Status of the Federal Emergency Management's Map Modernization Program and Changes to City's Special Flood Hazard Areas (SFHA) (PW) — File 12-9 x 9-3-40 9. Resolution Accepting a Proposal from Ghirardelli & Associates, Inc., for Professional Services to Provide Project Administration and Inspection Services for the Fourth Street / West End Village Project — Re -Bid, Project No. 11056, and Authorizing the Mayor to Execute the Agreement in an Amount Not to Exceed $271,285 (PW) — File 4-3-478 x 9-3-40 10. Resolution Accepting a Proposal from Vali Cooper & Associates, Inc., for Professional Services to Provide Construction Management and Project Administration Services for the Fourth Street / West End Village Project — Re -Bid, Project No. 11056, and Authorizing the Mayor to Execute the Agreement in an Amount Not to Exceed $254,437.50 (PW) — File 4-3-479 x 9-3-40 11. Resolution Awarding Contract for the Fourth Street West Rehabilitation /West End Village Project — Rebid, Project No. 11056, to Ghilotti Construction Co. in the Amount of $3,278,234.65 (Bid Opening Held on March 18, 2008) (PW) — File 4-1-600 x 9-3-40 12. Resolution Approving a Loan to Marin Housing in an Amount Not to Exceed Three Hundred and Thirty Three Thousand Dollars ($333,000) for the Purchase of a Below Market Rate Unit, Approving a Subsidy of up to $35,000 to Reduce the Resale Price and Making Findings and Approvals Pursuant to the California Redevelopment Law in Connection with the Utilization of Agency Low and Moderate Income Housing Funds RESOLUTION NO. 12458 RESOLUTION ACCEPTING GRANTS OF EASEMENT FOR PUBLIC ROADWAY AND UTILITY PURPOSES FROM BON AIR SHOPPING CENTER L.P. (APN: 009-192-07) Accepted report. RESOLUTION NO. 12459 RESOLUTION ACCEPTING A PROPOSAL FROM GHIRARDELLI & ASSOCIATES, INC. FOR PROJECT ADMINISTRATION AND INSPECTION SERVICES ON FOURTH STREET / WEST END VILLAGE PROJECT — REBID, PROJECT NO. 11056, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT IN THE AMOUNT OF $271,285 RESOLUTION NO. 12460 RESOLUTION ACCEPTING A PROPOSAL FROM VALI COOPER & ASSOCIATES, INC. FOR CONSTRUCTION MANAGEMENT AND PROJECT ADMINISTRATION SERVICES ON FOURTH STREET / WEST END VILLAGE PROJECT — REBID, PROJECT NO. 11056, AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN AN AMOUNT NOT TO EXCEED $254,437.50 RESOLUTION NO. 12461 RESOLUTION AWARDING THE CONTRACT FOR FOURTH STREET WEST REHABILITATION / WEST END VILLAGE PROJECT — REBID, PROJECT NO. 11056, TO GHILOTTI CONSTRUCTION CO., IN THE AMOUNT OF $3,278,234.65 RESOLUTION NO. 12462 RESOLUTION APPROVING A LOAN TO MARIN HOUSING IN AN AMOUNT NOT TO EXCEED THREE HUNDRED AND THIRTY THREE THOUSAND DOLLARS ($333,000) FOR THE PURCHASE OF A BELOW MARKET RATE UNIT, APPROVING A SUBSIDY OF UP TO $35,000 TO REDUCE SRCC Minutes (Regular04/072008 Outside the Central San Rafael Redevelopment Project Area (APN: 011-310-11) (RA) — FILE 229 X (SRRA) R-173 X R-103 SRCC Minutes (Regular) 04/07/2008 Page 308 THE RESALE PRICE AND MAKING FINDINGS AND APPROVALS PURSUANT TO THE CALIFORNIA REDEVELOPMENT LAW IN CONNECTION WITH THE UTILIZATION OF AGENCY LOW AND MODERATE INCOME HOUSING FUNDS OUTSIDE THE CENTRAL SAN RAFAEL REDEVELOPMENT PROJECT AREA (APN: 011-310-11) 13. Resolution Authorizing Street Closures for the 21 s` RESOLUTION NO. 12463 Annual Greg Borrelli's May Madness Classic Car Parade RESOLUTION AUTHORIZING THE on Saturday, May 17, 2008 (RA) — File 11-19 TEMPORARY CLOSURE OF CITY STREETS FOR THE 21ST ANNUAL GREG BORRELLI'S MAY MADNESS CLASSIC CAR PARADE ON MAY 17, 2008 14. Resolution Authorizing Street Closures for the Italian RESOLUTION NO. 12464 Street Painting Festival on June 14 — 15, 2008 (RA) — RESOLUTION AUTHORIZING THE File 11-19 TEMPORARY CLOSURE OF CITY STREETS FOR THE YOUTH IN ARTS ITALIAN STREET PAINTING FESTIVAL 2008 ON JUNE 14 — 15, 2008 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the Consent Calendar for discussion at the request of Mr. Sam Ferguson: 2. RESOLUTIONS RE: 8 PORTOFINO ROAD, 4 PORTOFINO ROAD, AND 154 CANAL STREET: APPEAL OF THREE CONDITIONALLY APPROVED TIDELANDS PERMITS FOR CONSTRUCTION / MODIFICATION TO EXISTING DOCKS: APN'S: 017-191-28.-29. AND -30: LARRY LUCKHAM, APPELLANT: FILE NO. AP06- 001 (CA) — FILE 273 x 9-3-85 Mayor Boro clarified that the appeal hearing on this item was closed and the City Council had acted; however, he would afford Mr. Ferguson an opportunity to speak. Sam Ferguson, 4 Portofino, stated that the Conditionally Approved Tidelands Permit for 154 Canal Street eliminated a 9.5 -foot extension that was added on to the dock; however, there was no mention of the 3 -foot shift of the dock system to the west which reduces the available width of his replacement dock, and he would like to have the approval for 154 Canal Street modified to ensure the dock is returned to its historic configuration. Reiterating that the City Council had acted on this issue and it would not be reopened, Mayor Boro stated that this request could have been made at previous hearings; however, it was not. While there could be other remedies, he did not believe it appropriate for the City Council to reopen the item. Assistant City Attorney Gus Guinan stated that the appeal hearing was closed at the last City Council meeting and no further testimony at this time would be taken, or other evidence introduced. He indicated that the matter was simply before the City Council to adopt resolutions finding facts and making the formal decision denying the appeals of Mr. Luckham. Councilmember Miller moved and Councilmember Connolly seconded, to adopt the Resolutions. 1) RESOLUTION NO. 12465 - RESOLUTION MAKING CERTAIN FINDINGS OF FACT, DENYING THE APPEAL OF MR. LARRY LUCKHAM FROM THE DECISION OF THE PLANNING COMMISSION WHICH DENIED HIS APPEAL FROM THE DECISION OF THE TIDELANDS FILL COMMITTEE, AND AFFIRMING A CONDITIONALLY APPROVED TIDELAND PERMIT FOR DOCK CONSTRUCTION AT 8 PORTOFINO ROAD; APN: 017-191-28 SRCC Minutes (Regular04/072008 SRCC Minutes (Regular) 04/07/2008 Page 309 2) RESOLUTION NO. 12466 - RESOLUTION MAKING CERTAIN FINDINGS OF FACT, DENYING THE APPEAL OF MR. LARRY LUCKHAM FROM THE DECISION OF THE PLANNING COMMISSION WHICH DENIED HIS APPEAL FROM THE DECISION OF THE TIDELANDS FILL COMMITTEE, AND AFFIRMING A CONDITIONALLY APPROVED TIDELANDS PERMIT FOR DOCK CONSTRUCTION AT 4 PORTOFINO ROAD; APN: 017-191-29 3) RESOLUTION NO. 12467 - RESOLUTION MAKING CERTAIN FINDINGS OF FACT, DENYING THE APPEAL OF MR. LARRY LUCKHAM FROM THE DECISION OF THE PLANNING COMMISSION WHICH DENIED HIS APPEAL FROM THE DECISION OF THE TIDELANDS FILL COMMITTEE, AND AFFIRMING A CONDITIONALLY APPROVED TIDELAND PERMIT FOR DOCK CONSTRUCTION AT 154 CANAL STREET; APN: 017-191-30 AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCIL CONSIDERATION: OLD BUSINESS: 15. CONSIDERATION OF APPOINTMENTS TO THE CLIMATE CHANGE ACTION PLAN GREEN RIBBON COMMITTEE AND GREEN TEAMS (CD) — FILE 13-1 X 9-1 Community Development Director Bob Brown reported that this evening's action would initiate the Climate Change Action Plan process by appointments to citizen committees. The good and solid response to the request for volunteers comprised 30 applicants representing many local community organizations and environmental groups. The sub -committee of Mayor Boro and Councilmember Connolly was recommending that all applicants be appointed, either to sit on the Green Ribbon Committee itself, or on the topical Green Teams. Mr. Brown believed there was a great combination of both big picture thinkers and subject experts. Mr. Brown stated that with Council's action this evening, staff anticipated starting the meetings in May and completing the work about this time next year. Mr. Brown indicated that Councilmember Miller had requested he remind the City Council about the charge to the Green Ribbon Committee: "The goal of the Climate Change Action Plan process is to prepare a recommended Climate Change Action Plan for the City and community of San Rafael that will achieve a feasible and sustainable reduction in carton emissions as well as deliver realistic and timely net financial benefits. The result will be a Climate Change Action Plan that will provide direction on City priorities and activities to reduce greenhouse gasses." Mr. Brown confirmed that the committee would be requested to look at various programs and policies that the City might adopt for its own emissions as an organization, and how to reduce those, and what influence the City could have on the greater community to reduce the community's carbon footprint. He noted the City Council adopted a series of operating principles that would guide the actions of the Green Ribbon Committee. Councilmember Connolly stated it had been a pleasure to have worked with Mayor Boro and staff in wading through an exceptional group of applicants for the project being undertaken together as the City of San Rafael. He indicated it reminded him of just how fortunate San Rafael as a city was to have such expertise and passion in the areas of energy, transportation, land use, etc. in the community. In looking at the list, he believed all would agree, that the Green Teams were really Dream Teams of people who would truly help San Rafael stay out in the lead in tackling the important issues of Climate Change to be faced together. Mayor Boro confirmed the report indicated that he had requested Councilmembers Connolly and Miller to represent the Council on this committee. They would alternate between meetings, ensuring at least one was always present. He noted Kate Colin would be an ex officio member representing the Planning Commission SRCC Minutes (Regular04/072008 SRCC Minutes (Regular) 04/07/2008 Page 310 and all three would recuse themselves when the committee commenced the deliberation process to make recommendations to the City Council and Planning Commission. Indicating he was very pleased with the number of people who applied, Mayor Boro noted it was great to have so many people to choose from. Some people unknown to the sub -committee were interviewed to gain an understanding of their interests. While Linda Jackson was not present this evening, he issued an assurance that she would do an outstanding job being the lead staff person on the project. She had great organizational skills, had done a lot of work with committees such as this in the past. He noted a $25,000 grant had been received from the Bay Area Quality Management District, which would be used wisely and well. Councilmember Brockbank stated that in reading the mission statement, while it was well and good to incorporate things of financial benefit, he did not want anyone to believe that only projects of net financial benefit would be considered. While a project that cost a little money would not be ruled out, he did not wish anyone to believe that only projects of a net financial benefit would be considered. Mr. Brown stated staff would look at a lot of the cost benefit to prioritize the programs that will be recommended quickly to implement some of the items. Councilmember Connolly moved and Councilmember Brockbank seconded, to accept the appointments to the Green Ribbon Committee and Green Teams. AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None David Schonbrunn, stated that he had been working on these issues at the state level; however, did not apply because of time commitments, etc. He had been working at the California Transportation Commission and on a sub -committee of the ARB (Air Resources Board), called LUSCAT (Land Use Stakeholders Climate Action Team) and was quite familiar with what the state was doing. He expressed the desire to attend meetings to bring a statewide perspective to the deliberations. Mayor Boro confirmed that these meetings would be noticed and open to the public. NEW BUSINESS: 16. CONSIDERATION OF RESOLUTION REGARDING THE LIGHT BROWN APPLE MOTH AND DIRECT STAFF TO ISSUE A LETTER TO THE GOVERNOR RELAYING CONCERNS WITH PROPOSED AERIAL SPRAYING AND SUPPORTING A SERIES OF BILLS AIMED TO IMPROVE THE PUBLIC PROCESS IN ADVANCE OF PEST ERADICATION (MS) — FILE 13-1 x 9-1 Assistant City Manager Jim Schutz explained that the Light Brown Apple Moth (LBAM) was native to Australia and found in New Zealand, the United Kingdom and parts of the United States. It was a concern to the California Department of Food and Agriculture (CDFA) and the United States Department of Agriculture because of the vast number of host plant species, more than 2,000, that are known to be susceptible to attack by the moth, including ornamental plants, food crops and California native plants. He reported that the USDA (United States Department of Agriculture) conducted a study indicating that between $160 million and $640 million in annual crop damage could occur if California were to become infested. Mr. Schutz reported that CDFA and USDA were also worried about the moths being transported into other parts of California, such as the Central Valley, and other states in the United States. Indicating that an Action Plan was put together by CDFA, Mr. Schutz reported that their primary tool for eradication was listed as "the aerial application of pheromone for mating disruption." Other tools were included in the plan, such as twist ties containing the pheromone, stingerless parasitic wasps, and trapping. He stated that the aerial application was scheduled to begin on June 1, 2008 in Monterey and Santa Cruz counties, and subsequently, August 1, 2008, in San Francisco, Daly City, other parts of the Bay Area, and in Marin, in Tiburon and Belvedere. Regarding the size of the population, Mr. Schutz reported there were approximately 16,500 LBAMs detected in the Bay Area region; 100 were found in Marin and approximately 20 in the San Rafael and Ross Valley areas. Therefore, because of the small numbers in the San Rafael area, the CDFA proposed only twist ties with the pheromone, and this commenced on March 4, 2008, where twist ties were placed within 650 -feet of all moth finds in San Rafael. SRCC Minutes (Regular04/072008 SRCC Minutes (Regular) 04/07/2008 Page 311 Mr. Schutz reported that per the CDFA staff there was no planned aerial spraying in San Rafael at this time. With their Action Plan, even an area that had twist ties proposed for it, such as San Rafael, they would monitor over time, reassess the population and could potentially move to other treatment methods in an area should they find the current treatment method was not working. While there was no planned aerial spraying in San Rafael, the possibility of aerial spraying was not ruled out for the future. Believing this to be a complicated issue as seemingly, there were two sides to every claim, Mr. Schutz stated he had attended a number of meetings on this subject and noted a great amount of passion, an enormous amount of press, community meetings and hearings, and dialogue on this subject, and one of the biggest issues he found in listening to much of the information was the amount of conflicting information, from the safety of the pheromone itself to the safety of the other ingredients mixed in with the pheromone, the length of time the pest had been in California, health effects of the aerial spraying that had already taken place last year in Santa Cruz and Monterey counties and the real danger to crops and other plants. He indicated there even were differences of opinion in the scientific and entomological communities about whether or not the moth could even be eradicated and the potential health impacts of spraying. Mr. Schutz indicated that part of the passion found around the subject was the fact that spraying was being planned before an Environmental Impact Report (EIR) is completed, because the state determined that spraying would be planned on an emergency basis, which could be done without the EIR. He noted the EIR process had just recently been started. Noting Marin County's Public Health Officer, Dr. Fred Schwartz, and others, had called for independent health risk assessments before any spraying would take place, Mr. Schutz stated it was these types of opinions that formed the basis of San Rafael's resolution this evening, and many of the resolutions other cities had approved. Mr. Schutz reported that a series of bills had been proposed recently regarding LBAMs, including: AB 2760 (Leno) regarding Environmental Impacts Reports having to be completed before any spraying of pesticide takes place. AB 2763 (Laird) regarding an advance planning process. AB 2764 (Hancock) requiring that the Governor proclaim a state of emergency prior to any pesticide application. AB 2765 (Huffman) regarding new limits on CDFA's emergency pest eradication powers. SCR 87 (Migden) regarding a moratorium on aerial spraying until it can be proven safe to humans and effective in eradicating the moth. Having spoken with the League of California Cities on these bills, Mr. Schutz reported they have a watch position on all of them at this time and feel the bills may be packaged into a smaller package or narrowed in individual subject matter. As the bills are just beginning to go into committees, at this time the League feels that once the conversation continues the number of bills could be reduced or new items added. Due to the amount of newly proposed legislation on the issue, the potential negative impacts on the public health and environment, and the possibility of aerial spraying in San Rafael under certain circumstances in the future, Mr. Schutz stated staff recommended adoption of the resolution opposing aerial spraying until a complete independent study of the health effects of all the substances, both active and inert, was completed and they were found to be safe. Additionally, he indicated it was recommended that the City Council direct staff to send a letter from Mayor Boro to the Governor supporting the above proposed legislation. He noted the intent was to have some flexibility in the event the bills were merged, packaged or combined in a different way, or other bills were proposed that were consistent with those already proposed. Mr. Schutz thanked Councilmember Connolly for working with him on the report and also looking at the resolutions from other cities. He noted that John Tune, Parks Superintendent and resident integrated pest management expert, was in attendance and could answer questions. Returning the thanks to Mr. Schutz, Councilmember Connolly stated he did an excellent job in compiling the staff report. He noted the Light Brown Apple Moth was an issue of considerable public interest and comment, and came to the City's attention on a couple of different issues: 1) Several sister cities in Marin who had also studied the issue had taken the steps of passing very similar no -spray resolutions, or were in the process of reaching the decision to do so. SRCC Minutes (Regular04/072008 SRCC Minutes (Regular) 04/07/2008 Page 312 2) Residents were expressing justifiable concerns about the potential health impacts of spraying on communities. As noted by Mr. Schutz, Councilmember Connolly stated that although there were no plans currently to spray directly in San Rafael, that option had not been precluded, and in fact, there were provisions that in emergencies, spraying could go forward. Beyond that very real possibility, the fact also was that spraying would not recognize City boundaries. There was no assurance that in spraying one city, the spray would not drift into San Rafael. He indicated there had been reported instances of health concerns in areas that had been sprayed, including Santa Cruz. Councilmember Connolly stated staff requested Council's consideration in both the adoption of the resolution and supporting the legislative bills outlined by Mr. Schutz that would also go towards solving the issue. Councilmember Miller stated that the resolution was not only apropos, but very timely. It was apropos precisely because of the impact this type of spraying, without knowing its health consequences, would have on the citizens of San Rafael. It had a direct connect to ensuring San Rafael provided a safe and healthy city and was an issue the City should be intensely involved with. As mentioned in the staff report, Councilmember Miller believed it was very timely in that the legislature was beginning to move and San Rafael had to position itself in order to influence that movement. He noted Assemblymember Jared Huffman at a recent meeting proposed a moratorium on all proposed spraying programs until an independent study of the health effects of all substances, both active and inert, had been completed. He believed it important that that moratorium be set now before a precipitous state government decided they wanted to move rapidly. Councilmember Miller complimented Councilmember Connolly and Assistant City Manager Jim Schutz for the supreme, intelligent and swift work they did in bringing this to the City Council and for the residents of San Rafael. Councilmember Heller requested clarification on whether Monterey County had been sprayed previously and whether there were any reports on health effects, etc. Mr. Schutz confirmed that they had been sprayed in late 2007 and some of the information he read indicated there were hundreds, perhaps over 600, health impacts attributed to the spraying. He indicated that the State Office of Environment Health and Hazard Assessment was the organization in California responsible for looking into this. They go by the number of claims reported by physicians as pesticide illness reports, and having looked into those, so far they believe the level of exposure too low to cause human health effects. Indicating she supported the resolution, Councilmember Heller stated that she is Chair of the Marin County Council of Mayors and Councilmembers Legislative Committee, and this issue was on their next agenda. Their lobbyist in Sacramento would be instructed to immediately report what happens on these bills. Councilmember Brockbank reported that this morning's San Francisco Chronicle had some good articles on this topic. He indicated that when this first became an issue in Marin he attended the first open house, at Coleman school, where together with others there were a number of experts from the state, all of whom uniformly stated there were absolutely no health risks. He found it distressing how the health complaints of 600 people could be dismissed so blankly; however, should anyone have any doubt he urged them to read the article in today's Chronicle. Councilmember Brockbank suggested that perhaps in the future when major press articles occur that were timely to an agenda item they could be circulated by email because it would be pretty difficult for anyone to read the article and think it was a coincidence they developed severe health problems the day after the spraying. In the interest of the precautionary principle, unless it could be proven to be safe, he was very disturbed about the spraying and happy to support the resolution. Thanking Councilmember Connolly and Assistant City Manager Schutz for their work on this, Mayor Boro stated that adopting the resolution made sense because it did have an impact on the community and was a situation where the City's voices would be well represented by the two local representatives who appeared to be on the same side of the argument. He indicated that the City was not saying "no spraying" rather "no spraying until we are sure that what's being sprayed is not harmful to humans." Sandra Sellinger, President Glenwood Homeowners Association, stated that the Glenwood Neighborhood had 700 addresses and according to the City's map this neighborhood had the most instances of the LBAM. As a result in March she requested that a poll be taken, the results of which she submitted to the City Council. She indicated they wanted to determine how many people in the neighborhood approved of the spraying. The method of voting was one vote per computer and as of April 7, 2008, of the 63 votes tallied, 27.7% were in favor of spraying while 72.3% were opposed. She indicated that the majority of the neighborhood supported the action of the City Council this evening. They would like to see more research to ensure residents were safe. SRCC Minutes (Regular04/072008 SRCC Minutes (Regular) 04/07/2008 Page 313 Grace Severtson thanked everyone for their support and reported that the San Francisco Board of Supervisors, at today's meeting, which she attended, supported no spraying. Regarding advance warning of spraying, she noted the suggestion was that when spraying was to occur, people were advised to stay indoors; however, there was a contradiction with regard to farm workers. With regard to the ingredients, Ms. Severtson noted that although the ingredients had been released, the percentages had not; therefore, it would be difficult for a doctor to treat a patient with insufficient information. Ms. Severtson noted supporters of no spraying so far included: Albany, Berkeley, Corte Madera, Emeryville, Fairfax, Mill Valley, Monterey, Oakland, Pacific Grove, Richmond, San Anselmo, Santa Cruz, Sausalito, County of Marin, County of Santa Cruz, County of San Francisco and San Rafael. David Schonbrunn commending the work done by staff, stated that having known people who had their lives ruined by spraying he saw this as a very serious issue; however, he was not the slightest bit sure that this particular spray actually was a threat. Reading the staff report from the Department of Pesticide Regulation and the State's Office of Environmental Health Hazard Assessment (OEHHA), and the ingredients evaluation, led him to at least suspend judgment until more information was available. Even with a type of mob passion stirring, based on this issue, he urged the City Council to maintain calm and look for evidence. Having worked on a series of toxic spills class action lawsuits, Mr. Schonbrunn reported he was reminded particularly of a spill of sulfuric acid at General Chemical Plant in Richmond. The plume studies showed where the materials went to and thousands of people went to hospitals on hearing the news on the radio in hopes of being able to file a claim. He, therefore, wanted to alert the City Council to the fact that the mere fact that people have made claims and complaints about symptoms did not necessarily mean anything. He urged the City Council to keep an open mind as the situation was very emotional. Frank Egger, Fairfax, former Mayor of Fairfax and currently one of the Bay Area coordinators to stop the spraying, reported that the spray was 54 days away from Santa Cruz and Monterey and 115 days away from the San Francisco Bay Area. The thought that fixed wing aircraft contracted by the CDFA and USDA would be flying over cities spraying untested pesticide was already causing severe anxiety and stress in the communities. He noted the CDFA indicates it is a harmless pheromone; however, it was a synthetic pheromone and with the inert ingredients added, it became a toxic chemical cocktail. Stating that the LBAM should not be classified as a Class A pest, he indicated that the United Kingdom and European Union had no quarantine on California Agricultural produce or products. Indicating that NAFTA (North American Free Trade Agreement) was driving much of this, he stated that should the LBAM be reclassified to a Class D pest much of the program would go away. Stating public health, safety and welfare was the No. 1 priority, Mr. Egger indicated this was the reason so many City Councils, Mayors and Supervisors were opposing the CDFA's unnecessary and wrong program. Serving as a Ross Valley Paramedic Authority Board member, Mr. Egger stated that public safety agencies are the first responders; however, police, fire and paramedics had been given no protocols whatsoever in order to even respond to the tens of thousands of health complaints expected if planes fly over the San Francisco Bay Area. The tourism industry would be affected and owners of visitor facilities would face liability issues should their guests have adverse health impacts. He noted there was a legal opinion published today about how this conclusion was arrived at. Mr. Egger reported that many communities depended on the sales tax and transit occupancy tax revenues, which they could ill afford to lose and he requested the City Council adopt the strongest resolution possible. He noted that according to the CDFA 2008 map, the spray zone includes Contra Costs County, across the Richmond/San Rafael bridge, along the 1 580 corridor to U.S. Highway 101 and south along the Bret Harte side of Cal Park Hill, Greenbrae, Larkspur, Corte Madera, Tiburon, Belvedere, Mill Valley and Sausalito; therefore, the southern most part of San Rafael would be included in that zone. Stephanie DeSalvo, Larkspur, stated she would like the City Council to evaluate how much of a threat the LBAM really was, noting it only moves 60 inches in its lifetime and had been in New Zealand for years. Thanking all for their comments, Mayor Boro stated he understood Mr. Schronbrunn's point of view, which was the reason this resolution was worded to the effect that it was opposing any spraying until tests were done to prove the material used was not harmful to the public health. He believed this was the responsible course of action. SRCC Minutes (Regular04/072008 SRCC Minutes (Regular) 04/07/2008 Page 314 Councilmember Connolly moved and Councilmember Brockbank seconded, to adopt the Resolution and direct staff to prepare a letter from Mayor Boro to Governor Schwarzenegger supporting the proposed legislation. RESOLUTION NO. 12468 — RESOLUTION OPPOSING THE CALIFORNIA DEPARTMENT OF FOOD AND AGRICULTURE AERIAL SPRAY PROGRAM TO ERADICATE THE LIGHT BROWN APPLE MOTH AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCILMEMBER REPORTS: 17. Leaaue of California Cities - Policv Committee — Transportation. Communications and Public Works: - File 9-11-1 Councilmember Heller reported on the League of California Cities Policy Committee on Transportation, Communications and Public Works meeting on April 2, 2008 in Ontario, California: • State Legislative Update: proposition 1 B Local Streets and Roads Improvement, Congestion Relief and Traffic Safety Account Funds — San Rafael will collect $933,646.47. As of April 2"d, only 150 cities from approximately 600 had applied for these funds. The deadline is June 30, 2008 for the first disbursement, and six other Marin cities/towns had not applied as yet. Having spoken with Mr. Preston, Councilmember Heller stated he assured her he would not let the deadline pass. • Russell Lowery, Chief of Staff for Senator Robert Dutton, Republican, Vice -Chair of the Senate Budget Committee, updated the committee on local government impacts for the 2008-2009 budget. One of his statements was to the effect that if the budget is not passed by July, the State will be out of money in August. The Republican Party's line in the sand is "no large scale general tax increase." Councilmember Heller stated that Mr. Lowery stressed the fact that the state is looking for ideas that change relationships of city/state revenue. On being questioned as to what that statement meant, he responded "that means we are going to steal your money." She noted he stated the Governor did not put anything into his January budget because he did not want to take any "heat" between January and May; however, Mr. Lowery stated they would do it by simply borrowing anything they could (Proposition 1A funds) and stealing anything else they could. She indicated he stated that the gap was narrowing between spending and revenue and his advice to cities was to encumber everything possible. Councilmember Heller stated she had the Proposition 1 B Allocations list, which she would take to the legislative committee meeting next week to ensure those members were aware that their cities had not submitted their applications; however, Mr. Lowery indicated that the list was going around the Republican Caucus area and was proof that cities did not need the money that was on the table for them; therefore, it behooved San Rafael to take care of this as soon as possible. Marin Countv Transit District Board: - File 143 Councilmember Heller provided an update on the Marin County Transit District's bus and shuttle services: • Marin Transit has 30 busses and shuttles and carries 250,000 to 300,000 passengers annually. • Ridership was steady; however, it needed to be increased and the public made aware of this local system and its routes. She commented that odd numbered busses denoted Marin Country Transit, whereas the even numbered busses represented the Golden Gate Bridge District. • Ridership on the Santa Venetia shuttle was very good, whereas the shuttles from Marinwood and Corte Madera were not so good. • Four accessible taxi minivans were purchased (a total of 6 now in the County). These were being leased to "On the Move" and available by phone for the wheelchair bound. • The District is also purchasing an electronic fare collection system, similar to the Golden Gate Bridge District busses. These would permit the use of magnetic stripe farecards at some point. • In order to make any change in transit it has to be scheduled six months ahead of time because the bus drivers had to choose routes. She noted that in December, Route 29 (Marin General, Canal and College of Marin) would begin to divert hourly to the new County Health and Wellness Center. • The Transit District is interviewing for a new General Manager this month. SRCC Minutes (Regular04/072008 SRCC Minutes (Regular) 04/07/2008 Page 315 Single -Paver Health Care: - File 7-1-51 x 9-1 Councilmember Greg Brockbank read the following statement: "In the months since I was elected I have been made well aware of the Council's policy requiring three votes to get an item on the agenda, and I certainly understand that most of you choose not to consider putting something on the agenda which you don't feel directly impacts City business. For those reasons I am no longer trying to get a couple of resolutions passed by this Council that I have been previously interested in, unless and until someone changes their mind, but I would like the opportunity to try and persuade you to agendize an item that I would like to argue, does in fact, directly impact City business — the issue of single - payer healthcare. What I would like to do is request that I be given twenty minutes or so to do a presentation at a future meeting, including a PowerPoint presentation with graphs, charts and statistics, in order for you to more fully understand why I feel so passionately about this topic and why I feel it is in fact, something that does indeed directly affect City business, and which requires more time than the two minutes I have tonight. Here, I will only remind you that our current system of financing health insurance is dysfunctional and unsustainable. Unsustainable because health insurance costs have, for many years now, and for what is projected to be indefinitely into the future, increased faster than our revenues, thus taking up higher and higher percentages of our budget and causing greater and greater strain upon the employees who make the City run. Any labor union will agree with this and it should be intuitively obvious to all of us. Because of this I have been active in the single -payer movement a number of years now and I have been co- director of health care for all Marin, the local chapter of the statewide single -payer advocacy group. The College of Marin Board of Trustees passed a resolution at my request endorsing single -payer a couple of years ago without controversy, as did the Marin County Board of Supervisors and other cities and counties throughout Marin and the state have passed such resolutions as well. Health Care for All has held educational and advocacy events in virtually every city and county in Marin during the past couple of years and will be going to many other Marin cities to ask them to pass resolutions as well. Simply put, a single -payer health care system such as that in SB 840, which has become one of the defining, domestic political issues of our time, would replace our current, inefficient and incredibly costly patchwork of private health insurance companies with a state government financed system which would cover all residents with high quality, comprehensive health insurance. This new system will be financed by employer taxes and increased income taxes which, in nearly all cases, would cost less than employers and individuals are currently paying for premiums and co -pays. Everyone would be covered for life and the payments would be equitable. Healthcare would still be privately delivered and residents could see the providers of their choice. I am sensitive to the need to have our staff analyze this issue and give us a report but I am not asking you to authorize staff to spend any time on this until after my presentation at a future meeting, and only then, if you decide to agendize such a resolution. I made this proposal to our City Manager and City Attorney last week and neither one expressed any objection. I firmly believe that to do nothing on this issue is to put our heads in the sand and endorse the dysfunctional and unsustainable status quo, dooming us to ever increasing costs and an increasingly strained workforce which will be forced to bear increasingly large shares of the cost of their own health insurance. To have our city join the voices of other cities representing what is now a majority of our citizens, especially here in San Rafael and Marin, would be a small but vital move to have us join virtually every other civilized country on earth, all of which have some form of single -payer health insurance and pay much less than we do while getting not only universal care, but better outcomes. Thus I request that I be given twenty minutes or so to make such a presentation to be agendized in the near future." Mayor Boro stated he would discuss this with Councilmember Brockbank between now and the next meeting. Councilmember Brockbank indicated that would be fine. At some point he hoped there would be an opportunity to see whether there would be three votes. Indicating it was not a matter of three votes, Mayor Boro stated that if Councilmember Brockbank wished to inform the Council on something which did not involve staff research, his thought was that subsequent to speaking with City Manager Nordhoff, perhaps it could be scheduled as an information item at a future study session. SRCC Minutes (Regular04/072008 SRCC Minutes (Regular) 04/07/2008 Page 316 Concurring, Councilmember Brockbank stated that subsequent to his presentation at a study session he hoped to have an opportunity at a regular Council meeting to ascertain whether there was Council consensus to agendize a resolution on the item at a future meeting. Report on Meetinqs Attended: - File 9-1 Councilmember Connolly reported having made presentations to the Federation of San Rafael Neighborhoods and Mont Marin Homeowners Association, and participating in the Green Ribbon Committee and Green Teams interviews. Marinwood Communitv Services District (CSD): - File 4-10-130 x 9-3-31 Mayor Boro reported that last week he, City Manager Nordhoff and Fire Chief Gray met with their counterparts from Marinwood CSD. Noting the City's contract with Marinwood runs through June, 2009, he indicated that rather than waiting until next year to talk about what the next steps might be, he met with Bruce Anderson, Board President, and suggested getting both staffs together; therefore, both Fire Chiefs would evaluate options to eventually be presented to the City Council. An Inconvenient Ride: - File 9-1 x 13-1 Mayor Boro reported that San Rafael would host "An Inconvenient Ride", comprised of six high school students from Seattle bicycling across country and stopping in cities having signed the U.S. Mayors Climate Protection Agreement. They are scheduled to be at San Rafael High School at 2:00 p.m. on Thursday, April 17, 2008. He, Mayor Boro, was working with School Board members Linda Jackson and Natu Tuatagaloa and the Schools Superintendent. The idea was to meet the students, talk a little about the City's Green Initiative and possibly have Dianne Steinhauser, Executive Director, Transportation Authority of Marin, discuss Safe Routes to Schools. He noted CNN was supposedly following the students around the country; therefore, it would be good for San Rafael. A notice would be distributed as soon as the event was firmed up. There being no further business, Mayor Boro adjourned the City Council meeting at 9:07 p.m. ESTHER C. BEIRNE, City Clerk APPROVED THIS DAY OF 12008 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular04/072008