HomeMy WebLinkAboutCC Minutes 2008-05-19SRCC Minutes (Regular) 05/19/2008 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MAY 19, 2008 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff City Manager
Robert F. Epstein, City Attorney
Esther C. Beirne, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 7:00 PM
Mayor Boro announced Closed Session item.
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM
Present: Albert J. Boro, Mayor
Cyr N. Miller, Vice -Mayor
Greg Brockbank, Councilmember
Damon Connolly, Councilmember
Barbara Heller, Councilmember
Absent: None
Conference with Labor Negotiators — Government Code Section 54957.6(a)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Nancy Mackle, Ken Nordhoff
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:
None
CONSENT CALENDAR:
8:04 PM
Councilmember Miller moved and Councilmember Brockbank seconded, to approve the Consent Calendar, as follows:
2.
3.
4.
ITEM
Approval of Minutes of Annual Joint Dinner
Meeting of April 2, and Regular City Council
Meeting of April 21, 2008 (CC)
Call for Applications for Appointment to Fill One,
Four -Year Term on the Planning Commission to
the End of June, 2012, Due to Expiration of
Term of Marybeth Bushey -Lang (CC) — File 9-
2=6
Call for Applications for Appointment to Fill One,
Four -Year Term on the Design Review Board to
the End of June, 2012, Due to Expiration of
Term of Robert Huntsberry (CC) — File 9-2-39
RECOMMENDED ACTION
Minutes approved as submitted.
Approved staff recommendation:
a) Called for applications to fill one, 4 -year
term on the Planning Commission, to
expire the end of June, 2012;
b) Set deadline for receipt of applications for
Tuesday, June 10, 2008 at 12:00 Noon in
the City Clerk's Office, City Hall, Room
209; and
c) Set date for interviews of applicants at a
Special City Council meeting to be held on
Monday, June 16, 2008,
Approved staff recommendation:
a) Called for applications to fill one, 4 -year
term on the Design Review Board, to
expire the end of June, 2012;
b) Set deadline for receipt of applications for
SRCC Minutes (Regular 05/19/2008
5. Summary of Legislation Affecting San Rafael
(CM) —File 116 x 9-1
6. Resolution Authorizing Landscape
Improvements to the Dixie Child Care Center
(CS) -
7. FY 2006-2007 Annual Financial Audit Report;
the Gann Appropriation Limit Report, the Single
Audit Report, and the Management
Letter/Report (Fin) -
8. Monthly Investment Report for April, 2008 (Fin)
—File 8-18 x 8-9
9. Resolution Authorizing the City Manager to
Enter into an Agreement with Marin IT, Inc. for
Wide Area Network Assistance and Support
(MS — File 4-3-486 x 4-17-263
10
11
12
Resolution Authorizing the Director of Public
Works to Extend the Contract with West Coast
Arborists, Inc. for Routine and Emergency Tree
Services for an Additional and Final Period of
Two Years, Commencing on August 2, 2008
(PW) — File 4-1-575
Resolution Authorizing Economic Development
Director to Amend the Existing Professional
Services Agreement with Joanne Webster, San
Rafael Business Improvement District Director,
Through June 30, 2009 (RA) —
File 224
Resolution Authorizing Closure of Downtown
City Streets in Connection with the Carrera de
San Rafael, August 9, 2008 from 12:00 Noon to
10:00 p.m. (RA) —File 11-19
SRCC Minutes (Regular) 05/19/2008 Page 2
Tuesday, June 10, 2008 at 12:00 Noon in
the City Clerk's Office, City Hall, Room
209; and
c) Set date for interviews of applicants at a
Special City Council meeting to be held on
Monday, June 16, 2008, commencing at
6:30 p.m.
Approved staff recommendation:
SB 1516 — Library Construction Bond Bill.
Senator Simitian — SUPPORT.
AB 2364 — Prevailing Wage Exemption for
Volunteers. Assembly Member Walters —
SUPPORT.
Removed from aqenda at request of staff.
Removed from agenda at request of staff.
Accepted Monthly Investment Report for
month ending April, 2008, as presented.
RESOLUTION NO. 12488 —
RESOLUTION AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
WITH MARIN IT, INC. FOR WIDE AREA
NETWORK ASSISTANCE AND SUPPORT,
commencing June 1, 2008 and ending on May
31, 2009.
RESOLUTION NO. 12489 —
RESOLUTION AUTHORIZING THE DIRECTOR
OF PUBLIC WORKS TO EXTEND THE
CONTRACT WITH WEST COAST ARBORISTS
FOR ROUTINE AND EMERGENCY TREE
SERVICE FOR AN ADDITIONAL PERIOD OF
TWO YEARS COMMENCING AUGUST 2, 2008
RESOLUTION NO. 12490 —
RESOLUTION AUTHORIZING THE ECONOMIC
DEVELOPMENT DIRECTOR TO AMEND THE
EXISTING PROFESSIONAL SERVICES
AGREEMENT WITH JOANNE WEBSTER, SAN
RAFAEL BUSINESS IMPROVEMENT DISTRICT
DIRECTOR, THROUGH JUNE 30, 2009
RESOLUTION NO. 12491 —
RESOLUTION AUTHORIZING THE
TEMPORARY CLOSURE OF CITY STREETS
FOR THE CARRERA DE SAN RAFAEL ON
SATURDAY, AUGUST 9, 2008, FROM 12:00
NOON TO 10:00 PM.
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 3
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
PUBLIC HEARING:
13. Public Hearinq — CONSIDERATION OF A RESOLUTION LEVYING AN ANNUAL ASSESSMENT FOR
THE DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008 -
2009 (RA) 183 x 224
Mayor Boro declared the public hearing opened.
Economic Development Coordinator Katie Korzun reported that State Law requires the City Council to
annually renew the assessment for the Downtown Business Improvement District (BID). The first step in
this process was taken on May 5, 2008 by approving the Annual Report submitted by the BID. The
Public Hearing this evening was for the purpose of ascertaining whether anyone present submitted a
protest. She explained that protests had to be in writing and up to this point, none had been received.
Should protests be received from 50% of the value of the assessment, the City Council would be unable
to pass the levy for this year. None or less than 50% would enable the City Council to adopt a resolution
confirming the annual report, confirmation of which acted as levying the assessment.
Ms. Korzun stated that the assessment would go to the BID and would fund a portion of their activities.
She noted that this assessment was not all of the funding they received. They also receive a contribution
from the Redevelopment Agency, they receive fees from their management of a parking lot, together with
sponsorships.
There being no comment from the audience, Mayor Boro closed the Public Hearing.
Councilmember Miller moved and Councilmember Brockbank seconded, to adopt the resolution.
RESOLUTION NO. 12492 — RESOLUTION LEVYING AN ANNUAL ASSESSMENT FOR THE
DOWNTOWN PARKING AND BUSINESS IMPROVEMENT DISTRICT
FOR FISCAL YEAR 2008-2009
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
OTHER AGENDA ITEMS:
14. REPORT ON THE IMPACT OF ACCELERATION OF WORK AND EARLY FINISH FOR THE FOURTH
STREET WEST END VILLAGE PROJECT (PW) — FILE 4-1-600 x 9-3-40
Public Works Director Andy Preston reported that during the design and development phase of the fourth
Street West End Village Project the timeline was always fifteen months. Believing it to be far too long to
have work on Fourth Street, he indicated that during the bid phase he reduced it to a twelve-month time
frame, i.e., 240 working days. The work would begin in May, pause during Thanksgiving and New Year,
resuming in January with completion scheduled for the end of May, 2009.
Mr. Preston reported that during the latest public meetings with merchants and residents, there were
many requests to consider reducing the time schedule as much as possible, i.e., could all the work be
completed before Thanksgiving of 2008. At a meeting with Ghilotti Construction, team goals were
developed and his (Mr. Preston's) major question was whether there was a way to finish before
Thanksgiving. Ghilotti Construction did not believe it was possible but stated they would look into the
issue.
Mr. Preston stated that Ghilotti Construction developed a revised critical path network and indicated they
believed it could be possible, provided the methodology of work could be changed, allowing for two
segments to be worked on simultaneously, with extended hours. This would necessitate additional
crews, equipment, etc., incurring a lot more overhead.
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 4
Different options were considered:
1) To complete the work by Thanksgiving, excepting the trees and paving, at a cost of $200,000.
Ghilotti Construction would try, as partners with the City, to meet the schedule, with no
guarantees, at a cost of $200,000.
2) Ghilotti Construction would commit to the City to complete the work by Thanksgiving for an
incentive bonus. Staff agreed to a $50,000 incentive bonus, for a total of $250,000 to guarantee
finishing by Thanksgiving.
Indicating he needed to ensure they adhered to their commitment, Mr. Preston stated that liquidated
damages were included. He explained that the completion date was moved from May 20, 2009 to
November 26, 2008 and should the work not be completed by that date, $2,500 daily would be deducted
from the project contract.
Stating this was his preferred option, Mr. Preston indicated it gave the City more leverage.
Because of a shortage of engineers in the Public Works Engineering Division, Mr. Preston stated that two
contract consultants were working on the project — one acting in the role of resident engineer and the
other a construction inspector, at a cost of $125 and $100 hourly. With an early finish date of
Thanksgiving, 2008, the combined savings in salaries for these two contract consultants would be
$220,000.
Mr. Preston referred the City Council to page 3 of the staff report which listed the different elements of the
project and noted the savings for in-house personnel. He stated that to utilize Option 2, the City would in
theory, save $40,000.
As the merchants and residents meetings were sparsely attended, Mr. Preston reported that staff
conducted a ballot, handing ballots out to merchants and mailing them to residents, the results of which
were 50 Yes and 3 No, indicating a strong majority in favor of finishing the work as soon as possible.
Mr. Preston stated that Ghilotti Construction was doing what he considered the neatest job he had ever
seen by any contractor. They had already begun the accelerated work schedule, working on two
segments simultaneously, leaving one segment in between where parking is allowed.
Mr. Preston stated that two project signs had been ordered and would arrive this week. Four barricade
sleeves had been ordered which state in bold letters: "Fourth Street West End Village — Please excuse
the inconvenience. All shops are open during construction."
Economic Development Director Nancy Mackle stated that they had been partnering with the West End
merchants for quite some time, meeting with the West End Village in a mixer with the BID. Staff helped
with sidewalk sales and the reduction in parking rates would be in place until the completion of the
construction. The Redevelopment Agency gave some of their promotion money to the West End to help
pay for an advertisement for the last Holiday Season, and effective today, Code Enforcement would no
longer enforce the time limits on banners. Banner permits would still be necessary; however, instead of a
60 -day limit, they could be kept in place during construction. Merchants could erect their own banners
and the City would provide "Open for Business" banners in addition to those mentioned by Mr. Preston.
Ms. Mackle reported that as she had been doing, Stephanie Lovette would be working with Public Works
staff and the contractor engineers to continue the partnership meetings, surveys and to keep alert to what
could be done to help businesses during this time period.
Councilmember Brockbank stated he got the impression that under the original schedule work would
cease during December for what he assumed to be Holiday reasons; however, he subsequently got the
impression that this was because of rain. He inquired as to what would happen should it rain in October
or November of this year and could the situation be made worse should the completion date drag into
December.
Mr. Preston stated that the cessation of work during December was because of the Holidays in an
attempt to maximize the amount of retail for merchants. Should there be wet weather in late September
and October because it would still be warm, the ground would dry out quickly. He stated that hopefully by
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 5
that time most of the curb and gutter and sidewalk would be in; however, a very wet October and
November could delay the project. Mr. Preston noted it always rains in January, February and March and
it is difficult to do any real construction work during that time.
With regard to the contract consultant charges, Councilmember Heller inquired whether they were under
contract for the entire job, or on an as needed basis.
Mr. Preston stated they were under contract for an hourly rate for the duration of the project; therefore,
should the project be shortened, their contract would be shortened. The City has the right to terminate
their contracts at any time.
Sandra Sellinaer, Marin ReLeaf, submitted one copy of a letter to Mayor Boro, which referred to the tree
selection for the West End Village, accompanied by photographs of existing trees further east on Fourth
Street and of other cities. In spite of the General Plan stating to use large canopy trees where
appropriate, she noted small trees were popping up all across the City. In some areas large trees could
be planted where small trees had been placed, e.g., the new parking garage on Third Street, and at this
rate, she stated the City would be planted out with primarily small trees. Noting for years it had been
indicated that the trees selected would provide desirable canopy cover, Ms. Sellinger stated this was not
happening. Referring to the West End Village where there was room for medium to large trees, she
indicated that only small trees, less than 30 -feet, and usually 25 -feet at maturity, are called for. She
stated that the photographs of Fourth Street demonstrated how small trees planted at least ten years ago
were still blocking merchants' doors, windows and signage. As a customer, she was frustrated at not
being able to find a merchant and usually went elsewhere. Ms. Sellinger requested that the City Council
ask for large and medium sized trees where they could be installed, and to hold those places aside for
large trees.
Rockv Birdsev, Marin Center for Independent Living, thanked Andy Preston for coming up with a very
creative solution for accessibility through the construction zone. He complimented the project and looked
forward to more accessibility in San Rafael.
Mayor Boro expressed thanks to Andy Preston for his creative work and partnering with the contractor
and community, and working with the Redevelopment Agency staff. In speaking with a merchant last
week at the site, the merchant was very impressed with the fact that the contractor appeared to have
someone there on a daily basis talking to the merchants, ensuring they understood what was happening
and their needs were being met.
With regard to large versus medium-sized trees, Mayor Boro suggested Mr. Preston bring back to Council
a final tree planting program with sufficient time for consideration.
Mayor Boro believed the issue was that people did not understand what ultimately would happen at that
site; therefore, in erecting the signs and discussing the project, he had requested staff to also have at
both ends of Fourth Street a color rendering depicting what the street would look like on completion,
including the completion date.
Councilmember Heller moved and Councilmember Miller seconded, to accept the report regarding the
acceleration of work and early finish for the Fourth Street West End Village Project.
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
15. RESOLUTION RECOMMENDING ESTABLISHMENT OF A TREE ADVISORY COMMITTEE (CM) —
FILE 9-2-59
City Manager Ken Nordhoff explained that the staff report discussed a number of issues around trees that
reflected the importance both from the City's perspective as well as the community's perspective over
many years. The General Plan goals adopted in 2004 specifically related to trees were highlighted, and
he noted the recommendations concerning adopting a comprehensive Citywide street tree planting,
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 6
maintenance and replacement program, considering the use of large canopy trees and improving
coordination and communication with PG&E because there was a number of overhead power lines, which
through their nature and location, tended to conflict with the mature trees. There were also suggestions
concerning evaluating street trees as they related to new development or property upgrades in the
General Plan, and tree maintenance — looking at funding sources to instill and enhance the City's ability
to maintain and replace trees.
Mr. Nordhoff also noted an item in the staff report relating to landscaping maintenance next to sidewalks,
which was really a private property issue; therefore, his report and recommendations did not address this
issue. This did not minimize the fact that it was contained in the General Plan, rather he did not believe it
particularly fit into his proposal this evening.
Mr. Nordhoff noted that the Two -Year Budget Goals and City Council priorities workplan for some time
contained a tree preservation and sidewalk ordinance, and that Attachment "A" related to work done with
the City Attorney's Office over several months.
Noting the City Council recently formed the Green Ribbon Committee, Mr. Nordhoff noted that embedded
in that committee process were four separate green teams, one of which was focused on Transportation,
Land Use and Urban Forestry; therefore, team members would look at ideas and possibilities around
urban forestry in the community. This would be sorted out through the process being led by Bob Brown
and Linda Jackson, ultimately reporting those recommendations back to the Green Ribbon Committee
who would in turn make recommendations to the City Council about a Climate Change Action Plan.
Mr. Nordhoff reported that over the last few months, a number of neighborhood representatives had come
forward. Most recently, April 7, 2008, a series of seven ideas around trees were presented to the City
Council, that he noted were mostly rooted in street tree related issues.
As research was carried out and alternatives evaluated, Mr. Nordhoff believed the City Council was fully
aware San Rafael had been a Tree City USA for 26 years, which was indicative of the fact that trees and
what they brought to the community, in terms of the environmental and economic value, was pretty well
noted.
Having worked with the staff in Public Works and City Attorney's Office, with assistance from Community
Development and Community Services, Mr. Nordhoff reported that staff evaluated a number of tree
commissions / boards / committees in place up and down the state. Some of these were summarized in
Attachment "B." They ranged from committees to boards, reported to different groups, had different tasks
ranging from appeals to tree trimming to actually helping set policy and programs, etc. Mr. Nordhoff
believed the document indicated that everyone in each community had a different stated set of goals
relating to trees, and often the tree responsibilities were much broader than just the street tree issue.
Mr. Nordhoff stated that in looking at some of the requests, both from the neighborhood and from some of
the information gathered in the City Attorney's Office, and having spoken to the State Department of Fire
Protection and Forestry, there were a number of things that could be considered in terms of tree and
urban forest. He would limit his suggestions this evening to street trees.
Referring to the options listed on page 4 of the staff report, Mr. Nordhoff stated that Council could
consider establishing a new formal Board or Commission relating to trees, reporting to either the City
Council or an existing Board or Commission. Either choice would require adoption of an Ordinance to
define the tasks and charter, etc. By way of illustration, Mr. Nordhoff pointed out that in some cases
when working on these types of issues they had been done at a staff and interest group level, i.e., the
Integrated Pest Management Policy that Art Gibney in Public Works helped to develop, along with Safe
and Healthy San Rafael. While no formal City Council action was taken, there was a cooperative spirit
and a policy was adopted approximately one year ago.
Mr. Nordhoff stated his recommendation was for an Advisory Committee and believed it would be
advantageous to have involvement from members of the Park & Recreation Commission. Regarding the
composition of the committee, he explained that past practice had been to try to involve a wide range or
views, interests and expertise; therefore, the proposed committee would consist of seven members,
comprising a representative from the Design Review Board (Jeff Kent was very interested in helping from
the development perspective), a business interest, representative from the Park & Recreation
Commission, expertise from the horticulture industry and four of the seven seats would consist of
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 7
residents. A sub -committee of the City Council and Park & Recreation Commission would review
applications and recommend appointments.
Referring to the Resolution and Attachment "C" Mr. Nordhoff discussed some of the specific tasks being
recommended that aligned both with the General Plan goals and neighborhood requests:
• Generating a comprehensive Citywide street tree strategy, including guidelines, policies, best
practices and procedures, etc., including a fiscal analysis.
• Regarding PG&E - an improved system of communication and reporting to inform people on how
the actual tree trimming required under the power lines works, ensuring best practices, where
practical, were followed.
• Review and research on opportunities for public/private partnerships and public education
programs.
• Looking at alternatives for conducting a street tree inventory. The City had never taken a full
inventory of each and every street tree. State grant opportunities were available that allowed for
a match, that did not necessarily mean hard dollars but could be time commitments, etc.
Mr. Nordhoff stated this work would be carried out alongside staff, including Community Services
Director, Carlene McCart, John Tune, Parks Superintendent and several arborists in the Public Works
Department. He suggested the committee could be put into place for a period of eighteen months,
ultimately reporting their findings back to the Park & Recreation Commission and City Council; however,
should more time be needed to accomplish the work, Mr. Nordhoff believed the City Council would
facilitate this.
Mr. Nordhoff believed the approach being taken was prudent given current resources. He noted there
were fewer employees in the Public Works Parks Division currently than several years ago; however, the
amount of inventory or acreage had not been reduced. Having spoken with Art Gibney and John Tune,
they believed this approach would work for them and something worthwhile could be accomplished.
Steve Patterson, Chair, Federation of San Rafael Neighborhoods (FSN), thanked the City Council for
considering a Tree Advisory Committee. He noted the difference walking in a neighborhood with a fully
developed canopy on a really hot day and walking in one with no canopy.
Noting the many organizations and neighborhood leaders who appreciated consideration of a Tree
Advisory Committee, Mr. Patterson stated it reaffirmed for him that San Rafael was a city far more
customer oriented than any other town, city or the county. He indicated that the FSN had this on its radar
screen for several years. They had met with Mr. Nordhoff, Art Gibney and John Tune. They had gone on
canopy tours, met with PG&E representatives, Davy's Tree Service, met amongst themselves and
studied the issue extensively, and really cared about it a great deal.
Mr. Patterson noted Mr. Nordhoff recommended in the staff report that this committee have a shelf life.
Having served on the San Rafael General Plan Steering Committee, he reported that it started out to be
an eighteen -month gig; however, it lasted four years. Currently serving on the Critical Facilities
Committee, he believed the term was to have been six to nine months; however, he would be stunned if
the work was done in two years. He believed eighteen months was too short a period because the issue
would grow and ripple out. Currently, it concerned street trees; however, other tree related issues would
likely be an outgrowth of perhaps the Green Ribbon Committee, etc.
Mr. Patterson specified three issues for consideration in deliberations on the formation of a Tree Advisory
Committee:
• It was imperative to have a comprehensive tree planting ordinance to provide the framework that
would go on in perpetuity and could potentially not only protect the tree canopy for future
generations, but expand it.
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 8
• Address the issue of infrastructure — curbs, gutters and sidewalks. While there would be no easy
solution, it was likely to be a public/private partnership that would be part of the solution.
• Concern about where this committee was embedded in the municipal hierarchy.
Mr. Patterson stated that most importantly he wished to thank City Manager Ken Nordhoff. While Mr.
Nordhoff had not always agreed with what should be done in relation to trees and tree canopy, he had
been a gracious, open, willing participant who maintained a professional demeanor. Mr. Patterson
appreciated the fact that he never cut off dialogue, even when in disagreement, for which he expressed
thanks.
Stating that the FSN does not just talk but tries to walk the talk wherever possible, Mr. Patterson stated
that their Steering Committee voted unanimously to commit $1,500 towards the purchase and planting of
new trees in San Rafael.
Sandra Sellinqer, Marin ReLeaf, expressing thanks to Mr. Nordhoff for all his work, stated that Marin
ReLeaf was concerned about the title of the proposed committee. Noting the current language was
Urban Forestry, she stated that in fact, the General Plan focuses on street trees and they would like to
begin public education by using the term "Urban Forest." Urban Forest denoted a city with multiple trees
in an urban situation; therefore, Urban Forestry was appropriate.
Ms. Sellinger noted that Mr. Nordhoff's report discussed Urban Forestry, the Climate Change Action Plan
would speak to Urban Forestry, which made it appropriate. Regarding a lot of money, she reported that
in surveying the California ReLeaf Network Groups, they found it took an average of ten hours of staff
time per month, with an average mid-level salary. She announced that Marin ReLeaf would donate
$1,500 towards the planting of trees in San Rafael through this program, and they looked forward to
working with the City.
Roger Roberts, questioned whether the Park & Recreation Commission was the correct reporting
channel. It appeared to him that this was a planning issue and involved more than the scope of work of
Parks and Recreation, and he requested that the City Council consider this before deciding on the
reporting channel.
Whether they decided this should be an eighteen -month committee or a two or three-year committee, Mr.
Roberts suggested the start date be the date of confirmation of the appointments.
Rockv Birdsev, Marin Center for Independent Living (MCIL), stated MCIL was all for a Tree Advisory
Committee; however, it was concerned that perhaps sidewalks and a sidewalk study would be part of the
charge of this committee. He believed the sidewalk issue needed to be separated and keep moving
forward, as much needed to be done now. He inquired as to the plan for sidewalks, whether the Tree
Advisory Committee would look at the issue or should it be in Public Works. He noted there were
existing laws on the books which they would like to see enforced. Mr. Birdsey believed this to be a
different item which should be separate and moved forward with the Tree Advisory Committee looking at
the issue; however, there were things that could be done now and he would like to move forward and
increase some of the issues regarding funding and sidewalk repairs. He again inquired whether it would
be separate moving forward.
Jav Thaver, Landscape Architect, stated that he recently discovered to his surprise that the City of San
Rafael had no tree ordinance. Working with many communities throughout the Bay Area and beyond he
indicated that typically there are some types of rules or regulations governing what could be done with
trees, their care and removal, etc. He stated he learned of this when his neighbor cut down every tree on
his property on a particular Saturday morning while he was away, which included approximately six native
Live Oaks and four other trees of additional species. He was upset at the loss of the trees, not only for
the environment, but also from the standpoint of screening of surrounding residences; therefore, he was
happy to hear of a Tree Advisory Committee and wished to lend his support.
Noting San Rafael was primarily a city of residences and had quite a suburban nature away from the
downtown areas, Mr. Thayer suggested perhaps considering the entire city and the fabric of trees that
knit it together. He stated there were no street trees where he lives, as all trees were contained within the
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 9
property proper, and he believed that as a percentage of the trees in San Rafael, perhaps those were far
greater than the street trees. He requested consideration be given to discussing this question as part of
this process.
Tvmber Cavasian, Vice -Chair, Federation of San Rafael Neighborhoods, stated she appreciated the
comments which demonstrated that there obviously was a need and the time seemed good. The heat of
last week and recent stark West End provided examples of what hopefully could be avoided in the future.
It made such a difference to have the beautiful canopy, noting the before and after was pretty contrasting.
Ms. Cavasian stated she was pleased to see that the tree inventory was cited as a desirable tool as one
of the goals to move towards, and she was aware that would depend on finances and other issues. She
believed that would move towards some of the broader issues that seemed as though they could come
into play as things developed.
Noting there was no ordinance as an end goal, Ms. Cavasian stated it appeared to make sense in
developing a comprehensive strategy that also the tool to enforce it or manage it longer term could be an
outcome. With regard to bridging, sidewalks, parking strips and trees she questioned how the City would
deal with that mix. It all did need to be addressed; therefore, inter -relation between departments
appeared to make the best strategy.
Ms. Cavasian expressed appreciation for considering the issue and believed the time was good.
With respect to the term of the Committee, Mr. Nordhoff noted Mr. Patterson specifically referred to the
people who signed up for two-year terms that turned into four years. He suggested starting with eighteen
months and nothing would prevent the committee, if established, to request more time to complete the
work. He believed the Critical Facilities Committee would face a similar situation and would be
requesting something similar. Mr. Nordhoff believed eighteen months would accomplish the tasks at
hand.
Regarding a tree planting ordinance, Mr. Nordhoff stated he did not diminish the fact that an ordinance
would be a good overall guide; however, he believed it would quickly be found that the committee would
encroach into a lot of issues beyond street trees, i.e., heritage trees, views, and a number of issues, and
while not minimizing these either, he stated that if this were to be included in the work, another
conversation would be necessary about the eighteen -month tenure of the committee because it would
take much longer and certainly involve a substantial and greater commitment from City staff.
Regarding looking at public/private partnerships in the committee's work, even getting down to some of
the policy issues, Mr. Nordhoff stated that staff anticipated facing some of the sidewalk encroachment
and other issues, particularly in older neighborhoods. While he did not know the answers to all these
questions, he did not suggest it would mean coming up with a sidewalk maintenance liability ordinance;
however, he was aware that in getting into some specific areas of the community with very limited
landscaping strips and sidewalk issues, staff would have to be looking for some creative alternatives
about how the trees along those corridors could be managed or replaced and recognize that some of the
sidewalk issues might need to be addressed also. He expected the committee would encroach into that
issue.
Mr. Nordhoff stated he did not see this as Planning Commission or Planning related work. He was aware
of a request for a group to do some additional review with respect to development applications and he
suspected that if a good product emanated in terms of some of the guidelines, etc., they would be taken
to the Design Review Board and Planning Commission and become part of the staff process. Having
talked to Mr. Brown and the Planning Commission they believed trees were important and the way this
issue had been structured made sense — they did not need to have direct involvement or hold
responsibility.
Regarding conversation on urban forestry, Mr. Nordhoff believed he touched on this in terms of the Green
Teams. He believed it would be found that a number of broader urban forestry issues would come out of
that process. His recommendation was to let this committee go forward with the task laid out and as
those ideas came forth over the next year and got sorted out in terms of the Climate Change Action Plan,
there could be some additional urban forestry related efforts that might come through that process.
With regard to the title, Mr. Nordhoff stated that "Committee" appeared to make sense. "Council" did not
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 10
make sense as there was just one Council in San Rafael, together with a variety of Boards and
Commissions and Committees.
Mr. Nordhoff noted a lot of inter -relationship between median strips, sidewalks, tree planting and
guidelines. He believed infrastructure was covered with the sidewalk issue.
Expressing thanks to Mr. Nordhoff and Mr. Guinan for their hard work, Councilmember Brockbank stated
it was a great job of thoroughly researching, covering all the key issues and uncovering all the key
decision points. He was particularly pleased to hear Mr. Patterson's comments on how well Mr. Nordhoff
worked with him.
With regard to the flexibility of this committee to expand, change or evolve, Councilmember Brockbank
stated that, while not taking anything away from all the research done, he was concerned when all the
key decision points were so admirably identified and then quickly made decisions and he inquired as to
how these decisions were arrived at. He indicated there were so many key decision points that appeared
to have been unilaterally made without any input from the City Council. He wondered therefore, whether
the Council should decide what those key decision points should be and return with a resolution rather
than just adopting one this evening. He noted it could be however, that everyone agreed with the
conclusions and this was his point on the flexibility that he hoped was built in and he would feel better
with reassurance.
For example, with regard to the name, Councilmember Brockbank stated that even before Ms. Sellinger
spoke, to him Tree Advisory Committee appeared a little basic and plain. He did not doubt this was
comparable to the other committees' names; however he trusted Sandra Sellinger's incredible experience
in this matter. He believed "Urban Forestry" sounded much more classy and appropriate and should
"Council" be inappropriate, that was fine. He suggested perhaps allowing the new committee to decide
the name.
Recalling that eight or nine years ago he was the first chair of an advisory committee for the Marin
Telecommunications Agency (MTA), Public Access Steering Committee, Mr. Brockbank stated that they
immediately changed the name and expanded the scope dramatically, which was fine with the MTA.
Reiterating that he did not wish to take away from the work done by staff, he believed members of the
community with incredible experience would be tapped, noting Sandra Sellinger had the kind of
experience that could not be found anywhere in the state, and certainly more than other City staff
members.
Regarding the composition of the committee, Councilmember Brockbank stated he had no objection to
seven people and inquired whether Mr. Nordhoff had checked with the three groups.
Mr. Nordhoff stated he had confirmation from the DRB and was aware of interest in the Park &
Recreation Commission. He had not talked to the business community or Chamber of Commerce.
Councilmember Brockbank inquired whether other City Boards or Commissions had such an
arrangement, i.e., some City residents and representatives from the DRB, Park & Recreation, Chamber
of Commerce, etc.
Mr. Nordhoff stated there were other groups that either had or have had that in place in the past.
With regard to reporting to the Park & Recreation Commission, Councilmember Brockbank stated he had
no strong feeling on this issue. While not requesting they report to the City Council necessarily, he was
not convinced that the Park & Recreation Commission was a somewhat arbitrary or inappropriate middle
step for them to report to; they could feel disrespected at not reporting directly to the City Council, and he
inquired whether Carlene McCart had discussed this with the Park & Recreation Commission.
Mr. Nordhoff stated Ms. McCart had talked to the Park & Recreation Commission. He was aware John
Tune, Parks Superintendent, was a regular member of the Park & Recreation Commission as it related to
all the things expected from an arborist; therefore, there were skill sets at the staff level that naturally
aligned to that group.
Ms. McCart reported having spoken to the Park & Recreation Commission last week and going over the
plan, and they felt very comfortable participating on the committee, as well as reviewing committee work
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 11
and making recommendations as an advisory board to the City Council. She stated that currently the
Park & Recreation Commission had a landscape architect, former attorney with the National Forest
Service and former Superintendent of Golden Gate National Recreation Area, together with other
professional skilled members.
Indicating this reassured him a great deal, Councilmember Brockbank explained that Park & Recreation
dealt with City owned parks and recreation areas, which was very different from street trees, and it could
be that no one on the Park & Recreation Commission had any experience dealing with street trees
whatsoever, and he had now been reassured to the contrary. If so, he suggested considering
appropriately expanding the scope and maybe even the title of the committee, making it Trees, Park &
Recreation, because it was very different from Park & Recreation.
With regard to the temporary nature of the committee, Councilmember Brockbank stated that obviously,
some committees are very appropriately temporary and some are much more appropriately permanent.
He indicated he would have guessed that this was much more appropriately permanent and could not
imagine why any time limit would be set because by disbanding it, after a few years the need would
begin to build up again, a new committee would have to be put in place, reinventing from scratch.
Councilmember Brockbank recalled that the staff report indicated one of the Green Teams dealt with
Transportation and Land Use and he could not imagine that Transportation and Land Use would get too
much, if at all, into urban forestry. He noted that this evening Mr. Nordhoff indicated that Green Team
was called Transportation, Land Use and Urban Forestry and he did not realize this was an official part of
that Green Team. Even so, he stated Transportation and Land Use were two huge topics and would love
not to have to deal with urban forestry. He questioned whether the City was all tapped out of volunteers.
Councilmember Heller stated she was comfortable with an eighteen -month term because she believed
the committee would evolve, which would afford a portion of time for the group to work through the issues
of their choice and look at those they would like to expand into at a later date. She did not believe it
would last just eighteen months if everyone worked towards the betterment of the City, which she thought
they would. She would like to see how it interacted with the Green Ribbon Committee because of
working with the Green Team on land use and that definitely would impact on where they went, because
they would be working together. Councilmember Heller stated sufficient staff was not available to put
together a much desired full-blown position; therefore, she was comfortable with moving forward as
appropriate. She indicated it was important to keep it just City owned street trees because if and when
the point was reached of adopting an ordinance, that would take care of all of the private trees on
property, and it needed to be remembered that trees were very expensive to have in a yard. She noted
trees were just as expensive for the City as a private citizen and this needed to be watched.
Councilmember Heller stated she did not want to discuss the infrastructure and sidewalks at this time.
The City was still under a federal mandate. ADA requirements were in place that must be met ongoing,
at a cost of $300,000 - $500,000 per year. She was aware the sidewalks were not good and there were
many neighborhoods without sidewalks. She would like to see sidewalks in every neighborhood;
however, believed this would be in the next century.
With regard to the name, Councilmember Heller believed in starting with what everyone was comfortable
with; however, the committee could discuss the issue and make a suggestion to the City Council.
Councilmember Heller stated she was comfortable with starting with the Park & Recreation Commission.
She believed there was a great deal of experience on that board, and she noted that trying to do a tree
count in the City would be an overwhelming task.
Councilmember Miller stated his basic point was the concept of urban forest. He agreed with John
Melvin's byline: "Urban Forestry is America's frontline defense against climate change." This was very
apropos, especially in light of the context of this discussion. An urban change committee had been
appointed, part of which was urban forestry, and that group should be looking thoroughly at urban forestry
in terms of the inter -relationship of different types of trees, the meaning of urban forest, etc. Noting there
were difficult problems to take care of, he believed a Tree Advisory Committee would be directly
challenged to pick these problems up to act on now. He believed this committee came in within the
umbrella of urban forestry and he had every confidence in the energy, enthusiasm, support and wisdom
of the neighborhoods, advocacy groups and citizens to make this a committee that would really get work
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 12
done
Councilmember Miller stated the sidewalks should continue as they are because they were effective and
were very focused; however, eventually everything would come together.
Councilmember Connolly commended staff and the members of the community for bringing this issue
forward. Protection and enhancement of the tree canopy was a priority issue for the City for reasons,
including the fact that a Climate Change Action Plan process was underway, and the demonstrated
benefits to the quality of life, health and environment. He also saw it as an evolving process and this was
the first step. While he believed it made sense to begin with the focus of the street tree canopy, he noted
in the staff report that Mr. Nordhoff anticipated some interface with the urban forestry ideas that would
come out of the Climate Change Action process, and it made sense to also utilize the expertise of the
committee members appointed.
Councilmember Connolly stated he envisioned the Tree Committee being a permanent part of the City
landscape. It would be around for a while and he envisioned it exceeding its stated time frame. He also
believed it would be appropriate and essential that the work of this committee culminate in some type of
tree ordinance at the appropriate time.
Mayor Boro commented that the tree canopy between City Hall (Fifth Avenue) and H Street was beautiful
and directly in the heart of the downtown, and he noted there were beautiful tree canopies all over the
community. He stated it should not be forgotten that there were several thousand cities in the United
States; however, less than 325 had been called a Tree City USA for 26 consecutive years, and he
believed this was about continuing that spirit and legacy as a city.
Mayor Boro thanked Steve Patterson and Sandra Sellinger, in particular. Thanking Mr. Nordhoff he
indicated he informed him today of his belief that eighteen months was a little short and a two-year review
period would make better sense. An evaluation could take place at the end of two years and should the
committee continue, the issues of length of terms, rotation, etc. would be discussed.
Noting the comments that this would be an evolution, Mayor Boro stated no one was quite sure where
this would go. He understood Ms. Sellinger's idea of forestry and urban forestry; however, believed it a
little premature at this point. Currently, this was a specific response to a specific request by the
community, and at the end of two years he believed there would be recommendations from the Green
Ribbon Committee with respect to urban forestry, at which time the name and focus could be considered.
Indicating he knew most of the Park & Recreation Commissioners personally, Mayor Boro stated they
worked very hard and were under the radar a lot. They did not have the opportunity to have hearings
such as those of the Planning Commission; however, they were very responsive. Recently, they finished
a tour of Jones Park. They were continually out in the community evaluating and understood what the
community was all about. He envisioned sub -committees meeting separately, periodically bringing
recommendations to the City Council. It appeared a good fit, and especially with the City arborist as part
of the group, together with a DRB member, also an arborist in Santa Clara.
Mayor Boro stated his recommendation was to adopt the resolution. Mr. Nordhoff would issue a
committee charge and call for applications to appoint the members. He thanked Mr. Nordhoff and staff
for all the research, and those in the audience for bringing the issue before the City Council.
With respect of the urban forestry title, Mr. Nordhoff believed it denoted something different and broader
and while there could be a time where this would be appropriate, there clearly was an urban forestry
focus, albeit, embedded with Transportation and Land Use, in one of the Green Team. He recognized
these were substantial issues and noted part of the land use was recognizing that tree canopies and
urban forestry were part of that decision-making. He believed a number of ideas would stem from this
group and considering the Climate Change Action Plan probably would not be before Council until next
spring, this process would be well down the road. Communication would be back and forth between this
committee and the work they were doing because staff was also generating a list of what was happening
in terms of Climate Change Action Plan ideas that would be part of Mr. Brown and Ms. Jackson's
process; so clearly there would be an exchange of information and ideas.
While not one to think letting groups just evolve or expand over time was a good idea, Mr. Nordhoff
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 13
explained he tended to label this as "Scope Creep" resulting in taking on a lot more issues than
anticipated. He believed it better to define and know what should be done. He saw early starts that
would build a foundation that could lead to some future suggestions. There could be a need for a tree
ordinance or a series of ordinances relating to trees, whether street or other, and believed some of these
ideas would percolate through the Green Teams and the Green Ribbon Committee.
With respect to terms, Mr. Nordhoff believed setting a time limit created a sense of urgency and tried to
move to some action.
Mr. Nordhoff noted that should the Park & Recreation Commission expand its scope, the ordinance would
need to be amended, defining what it was, and Council would deliberate and decide on its adequacy,
which would put this process as proposed this evening on hold. There was a series of defined
responsibilities in an ordinance, which if expanded, would necessitate making suggestions to the City
Council for consideration.
Mr. Nordhoff explained that the decision points were largely done by himself and staff in terms of the
issues embedded in the recommendation and purpose document, as well as the resolution. He pointed
out, under item 4 in the Resolution, that should it be Council's direction, staff would like to commence the
application process immediately, and if Council so chose, they could consider this evening or at a future
meeting, who might serve in that evaluation process. Suggesting the same to the Park & Recreation
Commission, Mr. Nordhoff stated that a sub -committee could be established to assist with interviews and
make recommendations in terms of those appointments.
With reference to the time limit, Mayor Boro agreed with Mr. Nordhoff that an end time was necessary, at
least for the first phase because it did create a sense that something needed to get done. He also
agreed with Councilmember Connolly that this would be around for quite a while; therefore, it was
important to start correctly and achieve something meaningful in a short period of time, building going
forward.
Clarifying the time limit, Mr. Nordhoff stated the intention was to let the twenty-four month term run from
the date of appointment.
Councilmember Heller moved and councilmember Miller seconded to establish a Tree Advisory
Committee for a period of 24 -months in order to complete the goals listed.
Councilmember Brockbank stated he was gratified to hear some of his colleagues feel as he did that this
was likely to be around for a while and was likely to evolve in some form or other. As indicated by Mr.
Nordhoff, an ordinance could result eventually, albeit perhaps not in the first year or two. Understanding
the point about "Scope Creep", he stated it could not be left to the committee to decide its own scope;
however, he was glad to hear there was some room for seeing how it went for the next couple of years.
The agenda was ambitious, even without an ordinance and regardless of the name. He was reassured
by the Park & Recreation Commission's experience, but mostly he was pleased that as the vocal and
articulate advocates for it, Steve Patterson, Sandra Sellinger and others present, were so happy with it
that he would be crazy to vote against it; therefore he would support it.
RESOLUTION NO. 12493 - RESOLUTION ESTABLISHING A TREE ADVISORY COMMITTEE
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
16. CONSIDERATION OF PROPOSED REVIEW SCHEDULE OF MARIN CLEAN ENERGY PROPOSAL
(CD) — FILE 271
Mayor Boro recused himself from this item as he had a financial interest in PG&E and as such, was
precluded from participating in this and any other discussion to come before the City Council on this
subject. Mayor Boro left the Council Chamber and Vice -Mayor Miller took over as Chair of the City
Council meeting.
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 14
Vice -Mayor Miller stated that with Mayor Boro's recusal, whenever the item is addressed, Community
Choice Aggregation and the Marin Clean Energy Proposal, only four members of the City Council would
vote. As Vice -Mayor and Chair he issued an assurance that this was a process of full transparency and
followed completely and totally the spirit as well as the letter of the Brown Act. He explained the purpose
of this evening's meeting was for the City Council to review the proposed schedule for public information
and outreach regarding the Marin Clean Energy Joint Powers Agreement, and provide feedback to staff
as desired.
Regarding the order to be followed, Vice -Mayor Miller stated that discussion would begin with the staff
report, followed by clarification questions and public input. Subsequent to public input the City Council
would review and provide feedback to staff.
Mr. Nordhoff stated this would be a discussion of a schedule on how to go through a series of steps
leading up to the question: "Should the City of San Rafael adopt the enabling JPA ordinance and
agreement to become a member of Marin Clean Energy?" In going through the staff report he invited the
City Council to keep two questions in mind to which they would need to provide direction and feedback to
staff:
1) "Does the schedule and process we are proposing, in your minds, adequately obtain the
information and ratepayer input that's needed so you can make that decision about joining the
JPA this fall? and
2) What costs should we be including in our budget for this next fiscal year, for which I have several
options laid out, but we really need to get a sense based on some of the activities we might
choose to be involved in, putting aside the dollars necessary to do that?" Mr. Nordhoff noted that
some of that impacted the first question relating to the schedule.
Mr. Nordhoff reported that since 2004, Marin County had been working at looking at Community Choice
Aggregation, which came from legislation put together in 2002 after the fallout of the last energy debacle.
Essentially, it allowed local agencies to cluster together in the form of a Joint Powers Authority and to
consider being the energy procurer and provider for those within the areas the agency members
represented. He indicated that a Business Plan had been put together over the last year and a half.
There had been involvement from the staff level, Linda Jackson and he, as well as a representation from
the City Council — Councilmembers Miller and Connolly. That group's work was now done and the work
was underway for the City Council to consider whether or not San Rafael should become a member.
Indicating that this evening he would not discuss opt out provisions for individuals nor the goals of the
business plan, Mr. Nordhoff stated that this process was on a separate track; therefore, the Green Ribbon
Committee would not be deliberating, evaluating or doing an extensive amount of work with respect to
this proposal. They would recognize it was out there, that it was one tactic of many that could help get
after greenhouse gases, but because of the timing and involvement in this process and the way it had
been developed, it did not quite synchronize with the Climate Change Action Plan work. He indicated
there would be some looping back and forth to keep people in the fold; however, this would be a separate
process and schedule.
In considering the schedule, Mr. Nordhoff stated it was very important to have extensive public
deliberation, process and input; therefore, working with Councilmembers Connolly and Miller staff
developed the schedule listed on page 4 of the staff report.
Mr. Nordhoff stated that a kick-off meeting was proposed for June 23rd at 6:00 p.m. — location to be
determined — to have a presentation from County staff, probably Dawn Weiz, to summarize the work that
had been done and the elements, key findings and recommendations in the business plan. Staff also
believed it important that the City Council hear from PG&E staff, energy regulators and perhaps other
parties and professionals involved in the energy regulation sector. While the public would be present, the
real audience would be the City Council, who would have ample opportunity to hear the various
presentations and responses to the business plan. The City Council would have an opportunity to ask an
extensive amount of questions. While public input could not be limited at a public meeting, there would
be an opportunity to deal with more extensive ratepayer and public input in the ensuing three meetings,
identified in the schedule of special meetings. Mr. Nordhoff noted that these meetings had been
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 15
scheduled for a little later in the year because of summer vacations, etc
Mr. Nordhoff stated the intention was to move the three meetings around the various neighborhoods.
Staff would be intentional about asking specific groups, or individuals representing groups, to ensure their
comments and presentation were known. Summary review would be carried out at these meetings
regarding what Marin Clean Energy was, how it works, together with highlights from the Business Plan;
however, the bulk of the time would be allowing the public to ask questions or provide comments. These
meetings would be documented and this information would be considered in terms of what Council
decided in terms of the JPA authority and agreement.
Mr. Nordhoff suggested that a full staff analysis and recommendation would be presented, possibly at the
Regular City Council meeting of October 20, 2008, with the formal final public hearing for Council
direction tentatively scheduled for November 17, 2008. This would be the final chance for public input
before the City Council decided whether or not to adopt the ordinance required to become a member of
the JPA for Marin Clean Energy.
Regarding the financial impacts Mr. Nordhoff stated staff put together cost estimates should Council wish
to consider something beyond the basic outreach efforts, together with preliminary staff review which he
estimated to be between $10,000 and $20,000 next year.
Noting the City Council was very familiar with Public Opinion Polls, which had been done bi-annually to
determine satisfaction and importance of City services, Mr. Nordhoff stated that conducting a poll of
approximately 400 ratepayers would cost approximately $25,000. Should Council consider this option,
the work would probably commence sometime when the community meetings were taking hold.
Mr. Nordhoff stated that there had been some deliberation concerning whether or not an advisory vote
should be considered, whether just for San Rafael or on a broader scale through agencies across Marin.
At a cost of approximately $2.50 per voter in the upcoming November election, based on voter numbers,
the cost was estimated at upwards of $75,000. Should this be a consideration, staff would work with the
County staff and other communities to ensure it was done in partnership.
Mr. Nordhoff reiterated that there were two questions for the City Council:
Scheduling and what staff should consider in terms of projections for cost, relative to some of the
opportunities for other ways to gather public opinion.
Vice -Mayor Miller advised that questions should pertain to the staff report.
Councilmember Heller stated that at this point she was leaning towards requesting an advisory vote. If
the City Council should choose to do so, it would certainly impact on the meeting schedule because this
initiative would have to be ready in August for putting on the ballot for the November election. She
questioned whether the entire County was headed towards the end of the year for a final decision.
Therefore, should San Rafael chose to go for a March or June election in 2009 she wondered whether
some of the other cities would so choose and she questioned Mr. Nordhoff's final timeline.
Mr. Nordhoff reported that April through November, 2008, was the timeline for each city to figure out
whatever process it wanted to work through leading to the public hearings where the City Council would
make a decision on whether or not to join. There would be subsequent decisions for the City Council;
however, only the first one was under discussion currently.
Noting the committees were in various phases, Mr. Nordhoff reported that some already had meetings
such as the kick-off meeting in June, some to the west were ready to go and some were scheduling
meeting in July, and he believed that largely, they were trying to fit their schedules within the April —
November timeframe, and he was not aware of anyone looking beyond that. For whatever reason, if the
City Council wanted to continue, not trying to put something on the November ballot, rather waiting to a
later date, Mr. Nordhoff believed all these were possible. He was not aware of a hard and fast deadline
to make a decision to opt into the JPA as an agency.
Noting Councilmember Heller's comments that the schedule of meetings would need to be changed, Mr.
Nordhoff stated this was just a guideline, and even not doing the advisory vote and the work spilling into
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 16
January would be totally appropriate.
Councilmember Connolly left the Council Chamber at 8:43 p.m. returning at 8:45 p.m., while this
discussion was taking place.
Concurring with Councilmember Heller's point that August was the deadline for an advisory vote to be
placed on the November ballot, Councilmember Brockbank commented that the County's indication it
should be done by November might not be carved in stone, although he had not heard anyone suggest it
be stretched out. Believing the June 23`d meeting would be an important one to obtain an overview and
learn a lot, Councilmember Brockbank suggested that perhaps the second, third and fourth sounded like
meetings for various community groups to report, and he inquired whether the anticipation was that the
Council would attend all meetings or whether staff would take notes and report back to the City Council.
Mr. Nordhoff stated he believed the intention of the entire schedule was directed towards the City Council
because this body was ultimately the decision maker. He stated that the second, third and fourth
meetings, in August and September, were all specially noticed meetings of the City Council. They were
not on regular City Council meeting Monday nights and were specifically noticed so that the City Council
would be in attendance to get the benefit of hearing from the public with respect to Marin Clean Energy.
Mr. Nordhoff confirmed that each of the six meetings in the schedule were formally noticed meetings of
the City Council and explained that the two towards the end were Regular City Council meetings.
City Attorney Robert Epstein stated that the Brown Act provides that there be an opportunity for public
comment on each agenda item at each meeting; however, the hope would be that by making the public
aware of this planned schedule, people would be encouraged to attend the meetings convenient to them,
using them as opportunities to collect as much public comment as possible on an issue staff anticipated a
lot of interest in. The idea would be that the public be given the expectation that the City Council would
be present to hear a Brown Act public comment period that would be attenuated, stretched out over a
period of time over several meetings.
Councilmember Brockbank stated he asked because a) it was not clear and b) the College Board did this
every couple of years and very rarely did any of the College Board members attend these community
meetings because of there being too many and few from the public attended. He noted that he would be
unable to attend the August 25th meeting.
Councilmember Brockbank inquired as to the format for Councilmembers, whether they would be seated
at some dais or in an audience.
Mr. Nordhoff stated that for the first meeting he envisioned the City Council at the dais, the presenters at
the staff table and he and Linda Jackson opposite the presenters. With the offsite meetings, he
anticipated the City Council would run and facilitate the meeting, as is typical when running a public
meeting, from a yet to be determined location at each particular venue. Mr. Nordhoff noted that each
time special meetings took place away from the Council Chambers, whether related to budgets or
something else, there always was a place to position the City Council so that those in attendance were
aware a formal meeting was taking place. He noted it was truly more sophisticated and structured than a
neighborhood or community meeting.
Regarding the timeline for deciding on an advisory vote, or whatever, Councilmember Brockbank
suggested that perhaps by July a straw poll could be taken. Vice -Mayor Miller stated this would be
discussed.
Roqer Roberts stated this was probably the most important task the City Council would do in their terms
of office, dealing with climate change and the potential for managing the City's own energy policy. There
was a lot of confusion regarding what CCA was all about as it was a complex project and process, and in
looking at the schedule it was not clear to him how input would be received from residence and business
owners, etc., in these special meetings without providing them with some background, prior to hearing
their comments. He hoped those special meetings would take place in a workshop format so that people
could get some education prior to making comments. He believed some would be prepared, having done
their homework; however, he suspected that most would be trying to become educated and he urged that
this be done as part of the process.
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 17
With regard to polling, Mr. Roberts stated that since �eople were getting educated, noting the City
Council would not hear from everyone by August 15t , because of the nature of the process he proposed
delaying polling until there had been a chance to reach out to all communities as planned. Should the
polling take place too early it would be inaccurate because people still would not understand it and there
would not have been a chance to get the real sense of where people were coming from subsequent to
their having had a chance to learn what it was all about.
Kiki LaPorta, Sustainable San Rafael, thanked the City Council for making the schedule available.
Echoing Roger Roberts' comments about the workshop aspect, she stated that expecting to receive input
from citizens who would not have had the benefit of a year's worth, or more, of study that the City's
representatives had on this issue, was not realistic and she feared such a process would allow people to
be convinced or persuaded by half-baked or half -substantiated information, which should be avoided.
They wanted as open, clear and transparent a process as possible for everyone.
Ms. LaPorta stated she was a little confused with regard to the references to the Green Ribbon
Committee and the Marin Clean Energy public information and input process. Quoting from page 2 of the
staff report: "The consideration of the merits of the Marin Clean energy proposal happens within the
context of the recently initiated Climate Change project ....." and "San Rafael approaches CCA and Marin
Clean Energy through the lenses of the goal, strategy and tactics of the Climate Action Plan and the work
of the Green Ribbon Committee and Teams." Ms. LaPorta stated her question revolved around the fact
that she had understood MCE would not be addressed or considered by the Green Teams or Green
Ribbon Committee, rather that was a separate process. She noted on the last page of the staff report
that: "The Green Ribbon Committee is ready to be launched this month, with the Climate Change Action
Plan work unfolding over the next year. Should the City Council wish to pursue this MCE outreach
schedule, you are pre -committing limited staff time to the MCE effort. If we focus our time and resources
on this public outreach effort, we will not be considering any additional 'green programs', given the
significance and order of magnitude required and expected for a thorough MCE outreach process." Ms.
LaPorta stated this was the typical conundrum of time, money and need.
With regard to the Tree Advisory Committee and the wonderful collaboration, Ms. LaPorta suggested that
potentially, a member of staff be appointed to be a liaison with the many interested community groups
interested in MCE because they had a means of calling people together and help to present information
to pre -educate people prior to the workshops, and they would be happy to work with the City Council in
as collaborative a way as possible to get information out. They wished to ensure, however, that decisions
were not made based on advertising or marketing persuasion, rather on information and a true focus on
the public good, which was what MCE needed to be.
Ms. LaPorta stated that Sustainable San Rafael and Sustainable Marin pledged their support and
assistance in whatever way possible. She requested clarification on the MCE Green Teams, Green
Ribbon Committee issue.
Jerry Belletto, President, Lincoln -San Rafael Hill Neighborhood Association, believing this issue to be
important for all, stated that his neighborhood association had taken particular note. He was glad the City
Council was being educated; however, he was concerned about his neighborhood association and their
opportunity to be educated, and he had not seen anything in the staff report that allowed more than one
or two meetings to get input. Also, he noted Marin County would have organizations providing
information and he inquired whether the City was coordinating with the County because some of their
meetings might take place in his area, and if so, he would like to have them publicized so that he could
inform his neighborhood.
Responding to comments, Mr. Nordhoff stated that the City was clearly collaborating with the County in
terms of the work being done. Dawn Weiz had gone out to a number of organizations and interest
groups, and made presentations about the Business Plan, and he was sure she would continue to do so.
He liked the suggestion of workshops; therefore, staff would ensure in the community meetings that
people got sufficient information. His message on June 23 would be that people needed to begin reading
some of the information and spend some time with it, because no matter how much preparation was
done, it was a complex subject, would take a lot of reading and raise a lot of questions. He indicated that
staff would be unable to capture all that work, no matter how many public workshops or meetings.
Materials would be available to try to summarize what MCE would do, where additional information would
be available, and the Marin County's website contained a lot of information. As part of San Rafael's
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 18
outreach efforts, staff was developing its own web page around MCL and what the schedule and process
would be, based on Council's direction this evening. He believed there would be ample opportunity for
education and encouraged homeowners and business groups to call Linda Jackson or himself should
they not know where to start.
With regard to a staff liaison, Mr. Nordhoff was aware that Ms. LaPorta in the past had offered to help get
the word out in terms of these meetings and staff would try to figure out a way to leverage some of her
connections.
Not to take away from anything already started or committed to, Mr. Nordhoff noted the PG&E
partnership study underway with the Central Marin Sanitation Agency, which would continue, the Green
Ribbon Committee Climate Change Action Plan, which would unfold over the next year. His suggestion
on that comment was that if the staff time was being committed to do this well and put a robust program
into place that intentionally tried to present a lot of information and draw a lot of input, the limited
resources could not be directed to other programs, even with as much merit as they had. While he
believed there would be some great programs and ideas, the staff and structure to begin four additional
green initiatives would not be available. Mr. Nordhoff stated his recommendation was to do this well by
putting in the time commitment necessary so that the City Council was prepared and believed a good
public process was carried out on reaching the point of formal decision-making. While not minimizing any
of the green programs or ideas, he was suggesting that for the next several months staff would not have
the time to study, analyze or recommend doing them.
Vice -Mayor Miller invited Mr. Nordhoff to explain the connection between the Green Ribbon Committee
and Green Teams.
Mr. Nordhoff believed those who had paid attention to MCE and the CCA process also recognized it had
been around for a while and had gone through an extensive amount of work, which would certainly get
noted and identified in the Green Ribbon Committee, Green Teams process; however, he did not believe
this was the place to put all of the work and effort which needed to now go through the public education
and information process, leading to the City Council making a decision. He and Linda Jackson had
discussed having some reporting out back to the City Council concerning what was happening with the
Green Ribbon Committee and Green Teams, so periodically, in moving through this process regarding
MCE, staff would be providing information to the City Council on what was happening at the Green
Ribbon Committee and Green Teams levels. Mr. Nordhoff stated the intention was not to burden or slow
down the Green Ribbon Committee or development of that plan with the extensive amount of work
necessary to understand and study what should be done with Marin Clean Energy.
Councilmember Heller clarified that no new programs would be evaluated. Mr. Nordhoff stated that a lot
of ideas would be raised and suggested that nothing be implemented. Linda Jackson's groups would
generate a lot of ideas, which would be studied and evaluated. He noted his comment at the end of the
staff report was to suggest that there would not be any additional implementation of ideas. Commenting
that there were so many green ideas, everyone thought they should all start at once, so it would be
necessary to work through the process of which ones made sense and best suited the community, and
something would be put together systematically that allowed this to be done.
Vice -Mayor Miller issued a reminder that because of the very lean times, it was necessary to do the best
with the resources available.
Councilmember Heller stated she would like to earmark $75,000 for an advisory vote, which could be
terminated if the choice was not to proceed, or should a poll be the choice, funds would be available.
Vice -Mayor Miller invited Council discussion on the advisory vote as he believed there could be
differences of opinion.
Councilmember Heller stated that to her this was a community -wide decision, not just a City Council
decision, and there would be a lot of confusion and anger if the decision was made by the City Council in
a vacuum without the voting public understanding what was voted on. She believed the opt in, opt out
decisions needed to be thought through, formalized and explained to the public, noting the decision was
being made for the public.
Commenting that he was involved in the process of developing this schedule for review by the
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 19
community, etc., Councilmember Connolly stated the intention was to purposely make it as robust as
possible and he noted the suggestions this evening about how to make it even more robust. Believing
this would be an important decision, he envisioned the process as being designed to get out and give the
public as much information as possible and allow them to vigorously comment on every aspect. The City
Council's role was to absorb those comments, learn about the process and make a decision.
Councilmember Connolly believed that at the right time polling could be helpful in getting a sense of the
public reaction, and he would be in favor of earmarking that amount. He believed the public ultimately did
have a way of voting by deciding whether or not to even participate in the process, meaning to opt out,
and there would be several occasions to do that by law. The point was to have as much public
participation and input as possible in the process leading up to a decision by the City Council, as the
representatives of the people, to decide whether to join the JPA. Councilmember Connolly stated he was
inclined to be against an advisory vote.
Mr. Nordhoff clarified that no formal action was being requested this evening.
With regard to earmarking funds, Councilmember Connolly stated he would like to see it earmarked more
towards either the possibility of committing more staff to the public outreach process or it appeared there
would not now be funds to pursue potentially some other worthwhile green initiatives; therefore, he
wished to be upfront that he would not be in favor of earmarking the $75, 000.
Mr. Nordhoff stated the questions remaining related to looking at the schedule and should there be some
interest in costing options these would be brought back as part of the budget process.
Vice -Mayor Miller confirmed this was feedback to staff.
Councilmember Brockbank stated that like Councilmember Connolly, he leaned very strongly against a
public advisory vote, not just because of the money, rather because it could be counter-productive and
harmful and could do a disservice to the entire process. There was a risk of criticism for going forward
before taking an advisory vote of the people; however, he questioned how often this was done.
Commenting that this was similar to a statewide ballot initiative, he stated that the legislature gets
criticized constantly, usually unfairly, for putting ballot measures on when usually it is the people who put
on these controversial ones. Noting people grumble, justifiably, about why they have to vote on such
issues instead of the legislature doing its job, Councilmember Brockbank believed it far more likely that
the public would say "why should we have to vote on this, why can't the City Council do its job?"
Believing it to be a very complex topic he indicated he had spent a lot of hours to date, and expected to
spend a lot more, reading up on this, which he did not begrudge; however, he did not expect 99% of the
public to do so, and he would be scared to have them vote on it without doing all that reading. He
therefore, did not think it an appropriate topic for the public to vote on.
Indicating he would far prefer polling, Councilmember Brockbank stated he would like to earmark $25,000
for polling later in the process, which maybe could reveal how well the education process had gone. He
believed that no matter how much work was done and how much money was spent educating people, the
result would still be that 80% of the people did not know enough to provide an informed opinion in a poll.
Vice -Mayor Miller stated he was against the advisory vote. The City did not have $75,000 to spend in
order to even ascertain minimal results. He believed it was a very complicated subject and a case of
representative democracy in which people expected the City Council to make decisions. This decision
would not be made separate, rather with the people.
As he understood polling, Vice -Mayor Miller believed it an educational process which had some validity;
however, he would favor waiting to see whether polling was necessary. He noted that $25,000 was a lot
of money at a time when the City was not giving money it had given before; therefore, while leery about
polling, he was against the advisory vote.
Result: 3:1 against Advisory Vote.
Mr. Nordhoff stated he had received the required feedback and would fold the cost related issues into the
budget process. In June there would be an opportunity to specifically ask more about these and vote on
committing moneys to the various processes. With regard to the schedule, workshops and ensuring
there was adequate presentation of information, he stated that if the proposed schedule was adequate, it
was important to get the dates firm and confirmed with the parties involved; therefore, unless he heard
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 20
otherwise, staff would go forward with the proposed schedule
Vice -Mayor Miller stated that all Councilmembers should be in attendance as the purpose was to ensure
that the City Council interacted with the public.
Mr. Nordhoff stated that staff would work with Councilmembers on their calendars, noting the proposed
dates would be in the window from the end of August to end of September, 2008.
On the idea of no more money for any other green topics, Councilmember Brockbank stated he did not
have anything in mind. He agreed there were limits to staff time and money and launching the Green
Ribbon Committee was a very important step. However, he wanted to leave open the fact that something
could come up to change minds, e.g., last week he, and Councilmembers Heller and Connolly attended
a private lunch where they learned about Peak Oil. He stated that if Global Warming was scary, Peak Oil
was a lot scarier and sooner; therefore, he would like to have flexibility in an emergency.
Mr. Nordhoff stated it was a question of setting priorities and his job was to tell the City Council when the
wall was hit in terms of the number of things being done, so if something else were to rise up as a higher
priority, that certainly was the City Council's prerogative, and he would then indicate that other items
would have to wait or be dropped, etc.
Vice -Mayor Miller confirmed that staff had the required feedback in terms of scheduling, meeting design,
etc.
With regard to what costs staff should include in the upcoming 2008-2009 budget cycle in order to
compete with the CCA process outreach, which would include polling or an advisory measure, Mr.
Nordhoff stated he had received the feedback and would include something in the budget for formal
action.,
Vice -Mayor Miller paused the City Council meeting.
Mayor Boro returned to the Council Chambers.
17. 1) CONSIDERATION OF RESOLUTION APPROVING HOLIDAY PARKING PROGRAM (MS) — FILE
9-3-87
2) REVIEW AND DISCUSSION OF CONTINUED OPERATION OF SEGWAY PERSONAL MOBILITY
DEVICES BY PARKING ENFORCEMENT PERSONNEL (MS) FILE 9-3-87
Parking Services Manager Mark Miller reported that in the 1950s, a Parking District was established to
encourage retail activity downtown and the Holiday Parking Program was an extension of that long-term
effort, the purpose of which was to encourage people to visit downtown and encourage retail activity. The
program in its current form, generally speaking, dated back to 2004 when the City offered three hours of
free parking in parking garages and some other aspects of the program. The refinement since then had
been a transition using validations, which commenced in 2005. Mr. Miller reported that in 2005, a lot of
effort was spent on outreach and providing information on how the program worked, and it was a pretty
uneventful year. In 2006, because it was a follow-up program with basically the same tenants as the year
before, very little was done to prepare the merchants and to outreach the program compared to the
previous year, which was unfortunate. In the same context, a pilot program was started utilizing
Segways. In mid-October staff began using two Segway personal mobility devices for the purpose of
parking enforcement as a pilot program. At the Holiday season there was a combination of a lot of
merchants who were tentative about how the program worked, customers were somewhat vague about
how they used it and where they could use it and he, on occasion, found people trying to insert the paper
validations in parking meters, and every time merchants looked out their windows they saw a Segway
going by. Mr. Miller stated that while parking only had two, every time it went by the window, eyes would
turn.
Mr. Miller stated that parking by its nature was best when invisible, which was true when the BID
circulated a questionnaire that had nothing to do with parking; however, parking was the most commonly
mentioned subject, which was not a good sign. As a result, staff and the BID agreed to take a close look
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 21
at how the Holiday Program was undertaken, and he thanked Joanne Webster and the BID because they
established a sub -committee which got into the Holiday Parking Program. He indicated that that
interaction had enabled staff to work through some perceptions that the parking program was great
before all the changes were made back when all the meters were free, and the committee asked some
pertinent questions, looking at issues such as parking finances and they received a little bit of an
education concerning the implications of, for example, implementing a program if there was a very heavily
used metered parking area downtown. There were down sides to making that area free at Christmas and
advertising it to everyone in the community to enjoy it because it probably would not be there when they
arrived, not to mention that a sizeable amount of the parking fund revenue, in this case approximately
$193,000 between fees and citations, would not be realized should the meters return to free, which would
have a rate implication.
Mr. Miller stated that the committee, prudently, took a look at all that and ended up with a
recommendation to continue with a validation based Holiday Parking Program, which should be tweaked
by looking at enforcement levels, the appearance of enforcement, impression people got concerning
cracking down on parking and also, discussions about the need for better outreach and the use of free
parking in surface lots. As a result those comments were integrated in the current proposed Holiday
Parking Program and it was before Council for consideration with the hope of identifying something the
community found fit their needs better and that would not have to be changed yearly.
With regard to the Segway part of this item, Mr. Miller stated that it was not originally intended to be
conjoined with the Holiday Program; however, because the BID sub -committee and the Board basically
endorsed the program, it seemed like it made sense to address the two together.
Mr. Miller stated that Segways had been a mixed blessing to some extent. The most common comment
from the public was "this is interesting, where do you get one, how much are they", while the merchants'
response was "my goodness, these people are everywhere." He noted that unexpectedly, they were only
somewhat appreciated by the Parking Enforcement Officers who were used to an enclosed Go For. The
outcome of the pilot program was that they were safer, good, people liked them; however, they were not
a panacea. Mr. Miller recommended retaining them but using them prudently.
Joanne Webster, Director, Business Improvement District and long-time business owner, on behalf of the
sub -committee and BID Board of Directors thanked Mr. Miller and Mr. Schutz, Assistant City Manager, for
the enormous amount of time and energy they put into this matter. She indicated they were very happy
with the recommendations before Council this evening.
Mayor Boro noted that Attachment 3 to the resolution listed the recommendations:
1) Continue the use of free, three-hour parking validations in the City garages during the Holiday
Season;
2) Implement year-round customer validation program;
3) Eliminate the Holiday Season 3 -hour free parking at the 5th and Garden parking lot;
4) Establish a year-round 5 -minute grace period at City parking meters — Mr. Miller stated that currently
the grace period was 2 minutes; however, staff did not wish to advertise this broadly because patrons
would assume they had more time than they bought and would get tickets anyway;
5) Improve Holiday Parking Program marketing;
6) Mark spaces on the lower level of City parking garages as short-term parking.
7) Continue the use of Segway electric mobility devices to enforce parking but minimize the use of
Segways for citation issuance over the winter holiday;
8) Maintain, but don't increase current levels of parking meter enforcement; and
9) Avoid increasing parking fees in 2008/2009.
Noting the 10 -cents per ticket validation cost of approximately $19,000 annually, Mayor Boro stated staff
believed this was made up on the increased parking rates. He commented that having observed Mr.
Schutz and Mr. Miller labor on this issue for a number of months, he believed Christmas was now in May.
Mr. Schutz clarified that the BID sub -committee did weigh in on the year-round parking validation
program, which was not part of this particular action. He seconded Mr. Miller's appreciation of Joanne
Webster and the BID sub -committee.
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 22
Councilmember Miller moved and Councilmember Heller seconded to adopt the Resolution approving the
Holiday Parking Program, and to authorize continued use of Segway Personal Mobility Devices.
RESOLUTION NO. 12494 — RESOLUTION APPROVING THE HOLIDAY PARKING PROGRAM
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Heller believed that in time the community and staff would get used to Segways.
18. CONSIDERATION OF PROPOSED YEAR-ROUND DOWNTOWN BUSINESS PATRON VALIDATION
PROGRAM (MS) — FILE 9-3-87
Mayor Boro noted the 10 -cents per ticket validation cost, which was offset with the increased parking fees
to the garage, had strong community support.
Mr. Miller stated that customers liked free and this program would certainly help the Holiday Program by
familiarizing people with using validations. It would also help to fully utilize the parking garages, noting a
good garage was a full one, and up until now this had not been fully accomplished. He indicated this was
one of a couple of programs designed to attract people to use the garage. Staff hoped that this one
specifically, would draw people from high demand parking on Fourth Street and the meters closest, so
that those not caring about the price, would have that convenient parking. Mr. Miller stated it had been
shown to be very effective in other communities as "feel good" programs, i.e., the merchant can give a
customer something free that cost them very little, and the pilot project reinforced that. Five businesses,
two merchants and two restaurants made up that group and all wanted to continue. Towards the end of
the program complaints were being received from other businesses as to why they could not get it.
Mr. Miller stated that should a program such as this be popular, it was very hard to discontinue it. Staff
wanted to ensure this body was comfortable with what could be a pretty basic change in how business is
done downtown with parking.
Councilmember Brockbank stated he appreciated all the time spent in arriving at a consensus and it
sounded like a winner that could be kept for the long-term.
Councilmember Connolly moved and Councilmember Brockbank seconded to approve Year -Round
Downtown Business Patron Validation Program.
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Connolly left the Council Chambers at 10:45 p.m.
CITY MANAGER'S REPORT:
19. None.
COUNCILMEMBER REPORTS:
20. Water Emerqencv Transportation Authoritv: - File 258 x 9-1
Councilmember Heller reported that the Water Emergency Transportation Authority had been reinstated.
The five member Board of Directors was appointed and a meeting was scheduled for the Citizens
Advisory Group for June 18, 2008 — 10:00 a.m. — 12:00 Noon in the Port Commission Room, San
Francisco Ferry Building. She was unsure as to how it would be structured now that the full authority had
been somewhat changed. She commented that to watch the ferries roll out across the Bay would be a
very interesting period of time for all in the Bay Area. She offered her place on the Board to any
interested Councilmember.
Mayor Boro suggested that for continuity, Councilmember Heller attend the first meeting at least.
SRCC Minutes (Regular 05/19/2008
SRCC Minutes (Regular) 05/19/2008 Page 23
Mayor Boro reported that he attended the "Goodbye Party" for the former Executive Director.
There being no further business, Mayor Boro adjourned the City Council meeting at 10:46 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 12008
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular 05/19/2008